[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2023 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

                                      Title 40

                               Protection of Environment


                             ________________________

                          Part 63 (Sec. Sec.  63.1440 to 63.6175)

                                Revised as of July 1, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2023
                    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........................    1341
      Alphabetical List of Agencies Appearing in the CFR......    1361
      List of CFR Sections Affected...........................    1371

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 63.1440 
                       refers to title 40, part 
                       63, section 1440.

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

[[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 
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name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

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

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

LEGAL STATUS

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HOW TO USE THE CODE OF FEDERAL REGULATIONS

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[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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[[Page vii]]

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    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2023







[[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, 2023.

    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, Ann Worley 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. 63.1440 to 63.6175)

  --------------------------------------------------------------------
                                                                    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 QQQ_National Emission Standards for Hazardous Air Pollutants for 
                         Primary Copper Smelting

                        What This Subpart Covers

Sec.
63.1440 What is the purpose of this subpart?
63.1441 Am I subject to this subpart?
63.1442 What parts of my plant does this subpart cover?
63.1443 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.1444 What emissions limitations and work practice standards must I 
          meet for my copper concentrate dryers, smelting furnaces, slag 
          cleaning vessels, and copper converter departments?
63.1445 What work practice standards must I meet for my fugitive dust 
          sources?
63.1446 What alternative emission limitation may I meet for my combined 
          gas streams?

                 Operation and Maintenance Requirements

63.1447 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.1448 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.1449 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.1450 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limitations?
63.1451 How do I demonstrate initial compliance with the emission 
          limitations, work practice standards, and operation and 
          maintenance requirements that apply to me?

                   Continuous Compliance Requirements

63.1452 What are my monitoring requirements?
63.1453 How do I demonstrate continuous compliance with the emission 
          limitations, work practice standards, and operations and 
          maintenance requirements that apply to me?

                   Notifications, Reports and Records

63.1454 What notifications must I submit and when?
63.1455 What reports must I submit and when?
63.1456 What records must I keep and how long must I keep my records?

                   Other Requirements and Information

63.1457 What part of the General Provisions apply to me?
63.1458 Who implements and enforces this subpart?
63.1459 What definitions apply to this subpart?

Table 1 to Subpart QQQ of Part 63--Applicability of General Provisions 
          to Subpart QQQ.
Figure 1 to Subpart QQQ of Part 63--Data Summary Sheet for Determination 
          of Average Opacity.

Subpart RRR_National Emission Standards for Hazardous Air Pollutants for 
                      Secondary Aluminum Production

                                 General

63.1500 Applicability.
63.1501 Dates.
63.1502 [Reserved]
63.1503 Definitions.
63.1504 [Reserved]

              Emission Standards and Operating Requirements

63.1505 Emission standards for affected sources and emission nits.
63.1506 Operating requirements.
63.1507-63.1509 [Reserved]

                  Monitoring and Compliance Provisions

63.1510 Monitoring requirements.
63.1511 Performance test/compliance demonstration general requirements.
63.1512 Performance test/compliance demonstration requirements and 
          procedures.
63.1513 Equations for determining compliance.
63.1514 Change of furnace classification.

                   Notifications, Reports, And Records

63.1515 Notifications.
63.1516 Reports.
63.1517 Records.

                                  Other

63.1518 Applicability of general provisions.

[[Page 6]]

63.1519 Implementation and enforcement.
63.1520 [Reserved]

Table 1 to Subpart RRR of Part 63--Emission Standards for New and 
          Existing Affected Sources
Table 2 to Subpart RRR of Part 63--Summary of Operating Requirements for 
          New and Existing Affected Sources and Emission Units
Table 3 to Subpart RRR of Part 63--Summary of Monitoring Requirements 
          for New and Existing Affected Sources and Emission Units
Appendix A to Subpart RRR of Part 63--General Provisions Applicability 
          to Subpart RRR

Subpart SSS [Reserved]

Subpart TTT_National Emission Standards for Hazardous Air Pollutants for 
                          Primary Lead Smelting

63.1541 Applicability.
63.1542 Definitions.
63.1543 Standards for process and process fugitive sources.
63.1544 Standards for fugitive dust sources.
63.1545 Compliance dates.
63.1546 Performance testing.
63.1547 Monitoring requirements.
63.1548 Notification requirements.
63.1549 Recordkeeping and reporting requirements.
63.1550 Delegation of authority.
63.1551 Affirmative defense for exceedance of emission limit during 
          malfunction.

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

Subpart UUU_National Emission Standards for Hazardous Air Pollutants for 
  Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming 
                    Units, and Sulfur Recovery Units

                        What This Subpart Covers

63.1560 What is the purpose of this subpart?
63.1561 Am I subject to this subpart?
63.1562 What parts of my plant are covered by this subpart?
63.1563 When do I have to comply with this subpart?

  Catalytic Cracking Units, Catalytic Reforming Units, Sulfur Recovery 
                         Units, and Bypass Lines

63.1564 What are my requirements for metal HAP emissions from catalytic 
          cracking units?
63.1565 What are my requirements for organic HAP emissions from 
          catalytic cracking units?
63.1566 What are my requirements for organic HAP emissions from 
          catalytic reforming units?
63.1567 What are my requirements for inorganic HAP emissions from 
          catalytic reforming units?
63.1568 What are my requirements for HAP emissions from sulfur recovery 
          units?
63.1569 What are my requirements for HAP emissions from bypass lines?

                     General Compliance Requirements

63.1570 What are my general requirements for complying with this 
          subpart?
63.1571 How and when must I conduct a performance test or other initial 
          compliance demonstration?
63.1572 What are my monitoring installation, operation, and maintenance 
          requirements?
63.1573 What are my monitoring alternatives?

                   Notifications, Reports, and Records

63.1574 What notifications must I submit and when?
63.1575 What reports must I submit and when?
63.1576 What records must I keep, in what form, and for how long?

                   Other Requirements and Information

63.1577 What parts of the General Provisions apply to me?
63.1578 Who implements and enforces this subpart?
63.1579 What definitions apply to this subpart?

Table 1 to Subpart UUU of Part 63--Metal HAP Emission Limits for 
          Catalytic Cracking Units
Table 2 to Subpart UUU of Part 63--Operating Limits for Metal HAP 
          Emissions From Catalytic Cracking Units
Table 3 to Subpart UUU of Part 63--Continuous Monitoring Systems for 
          Metal HAP Emissions From Catalytic Cracking Units
Table 4 to Subpart UUU of Part 63--Requirements for Performance Tests 
          for Metal HAP Emissions From Catalytic Cracking Units
Table 5 to Subpart UUU of Part 63--Initial Compliance With Metal HAP 
          Emission Limits for Catalytic Cracking Units
Table 6 to Subpart UUU of Part 63--Continuous Compliance With Metal HAP 
          Emission Limits for Catalytic Cracking Units
Table 7 to Subpart UUU of Part 63--Continuous Compliance With Operating 
          Limits for Metal HAP Emissions From Catalytic Cracking Units

[[Page 7]]

Table 8 to Subpart UUU of Part 63--Organic HAP Emission Limits for 
          Catalytic Cracking Units
Table 9 to Subpart UUU of Part 63--Operating Limits for Organic HAP 
          Emissions From Catalytic Cracking Units
Table 10 to Subpart UUU of Part 63--Continuous Monitoring Systems for 
          Organic HAP Emissions From Catalytic Cracking Units
Table 11 to Subpart UUU of Part 63--Requirements for Performance Tests 
          for Organic HAP Emissions From Catalytic Cracking Units Not 
          Subject to New Source Performance Standard (NSPS) for Carbon 
          Monoxide (CO)
Table 12 to Subpart UUU of Part 63--Initial Compliance With Organic HAP 
          Emission Limits for Catalytic Cracking Units
Table 13 to Subpart UUU of Part 63--Continuous Compliance With Organic 
          HAP Emission Limits for Catalytic Cracking Units
Table 14 to Subpart UUU of Part 63--Continuous Compliance With Operating 
          Limits for Organic HAP Emissions from Catalytic Cracking Units
Table 15 to Subpart UUU of Part 63--Organic HAP Emission Limits for 
          Catalytic Reforming Units
Table 16 to Subpart UUU of Part 63--Operating Limits for Organic HAP 
          Emissions From Catalytic Reforming Units
Table 17 to Subpart UUU of Part 63--Continuous Monitoring Systems for 
          Organic HAP Emissions From Catalytic Reforming Units
Table 18 to Subpart UUU of Part 63--Requirements for Performance Tests 
          for Organic HAP Emissions From Catalytic Reforming Units
Table 19 to Subpart UUU of Part 63--Initial Compliance With Organic HAP 
          Emission Limits for Catalytic Reforming Units
Table 20 to Subpart UUU of Part 63--Continuous Compliance With Organic 
          HAP Emission Limits for Catalytic Reforming Units
Table 21 to Subpart UUU of Part 63--Continuous Compliance With Operating 
          Limits for Organic HAP Emissions From Catalytic Reforming 
          Units
Table 22 to Subpart UUU of Part 63--Inorganic HAP Emission Limits for 
          Catalytic Reforming Units
Table 23 to Subpart UUU of Part 63--Operating Limits for Inorganic HAP 
          Emission Limitations for Catalytic Reforming Units
Table 24 to Subpart UUU of Part 63--Continuous Monitoring Systems for 
          Inorganic HAP Emissions From Catalytic Reforming Units
Table 25 to Subpart UUU of Part 63--Requirements for Performance Tests 
          for Inorganic HAP Emissions From Catalytic Reforming Units
Table 26 to Subpart UUU of Part 63--Initial Compliance with Inorganic 
          HAP Emission Limits for Catalytic Reforming Units
Table 27 to Subpart UUU of Part 63--Continuous Compliance With Inorganic 
          HAP Emission Limits for Catalytic Reforming Units
Table 28 to Subpart UUU of Part 63--Continuous Compliance With Operating 
          Limits for Inorganic HAP Emissions From Catalytic Reforming 
          Units
Table 29 to Subpart UUU of Part 63--HAP Emission Limits for Sulfur 
          Recovery Units
Table 30 to Subpart UUU of Part 63--Operating Limits for HAP Emissions 
          From Sulfur Recovery Units
Table 31 to Subpart UUU of Part 63--Continuous Monitoring Systems for 
          HAP Emissions From Sulfur Recovery Units
Table 32 to Subpart UUU of Part 63--Requirements for Performance Tests 
          for HAP Emissions From Sulfur Recovery Units Not Subject to 
          the New Source Performance Standards (NSPS) for Sulfur Oxides
Table 33 to Subpart UUU of Part 63--Initial Compliance with HAP Emission 
          Limits for Sulfur Recovery Units
Table 34 to Subpart UUU of Part 63--Continuous Compliance With HAP 
          Emission Limits for Sulfur Recovery Units
Table 35 to Subpart UUU of Part 63--Continuous Compliance With Operating 
          Limits for HAP Emissions from Sulfur Recovery Units
Table 36 to Subpart UUU of Part 63--Work Practice Standards for HAP 
          Emissions From Bypass Lines
Table 37 to Subpart UUU of Part 63--Requirements for Performance Tests 
          for Bypass Lines
Table 38 to Subpart UUU of Part 63--Initial Compliance With Work 
          Practice Standards for HAP Emissions From Bypass Lines
Table 39 to Subpart UUU of Part 63--Continuous Compliance With Work 
          Practice Standards for HAP Emissions from Bypass Lines
Table 40 to Subpart UUU of Part 63--Requirements for Installation, 
          Operation, and Maintenance of Continuous Opacity Monitoring 
          Systems and Continuous Emission Monitoring Systems
Table 41 to Subpart UUU of Part 63--Requirements for Installation, 
          Operation, and Maintenance of Continuous Parameter Monitoring 
          Systems
Table 42 to Subpart UUU of Part 63--Additional Information for Initial 
          Notification of Compliance Status
Table 43 to Subpart UUU of Part 63--Requirements for Reports

[[Page 8]]

Table 44 to Subpart UUU of Part 63--Applicability of NESHAP General 
          Provisions to Subpart UUU
Appendix A to Subpart UUU of Part 63--Determination of Metal 
          Concentration on Catalyst Particles (Instrumental Analyzer 
          Procedure)

 Subpart VVV_National Emission Standards for Hazardous Air Pollutants: 
                     Publicly Owned Treatment Works

                              Applicability

63.1580 Am I subject to this subpart?
63.1581 Does the subpart distinguish between different types of POTW 
          treatment plants?

             Requirements for Group 1 POTW Treatment Plants

63.1582 [Reserved]
63.1583 What are the emission points and control requirements for a 
          Group 1 POTW treatment plant?
63.1584 [Reserved]
63.1585 How does a Group 1 POTW treatment plant demonstrate compliance?

       Requirements for Group 1 and Group 2 POTW Treatment Plants

63.1586 What are the emission points and control requirements for a 
          Group 1 or Group 2 POTW?
63.1587 When do I have to comply?
63.1588 How do Group 1 and Group 2 POTW treatment plants demonstrate 
          compliance?
63.1589 What records must I keep?
63.1590 What reports must I submit?
63.1591 What are my notification requirements?
63.1592 Which General Provisions apply to my POTW treatment plant?
63.1593 [Reserved]
63.1594 Who enforces this subpart?
63.1595 List of definitions.

Table 1 to Subpart VVV of Part 63--Applicability of 40 CFR Part 63 
          General Provisions to Subpart VVV
Table 2 to Subpart VVV of Part 63--Compliance Dates and Requirements

Subpart WWW [Reserved]

Subpart XXX_National Emission Standards for Hazardous Air Pollutants for 
       Ferroalloys Production: Ferromanganese and Silicomanganese

63.1620 Am I subject to this subpart?
63.1621 What are my compliance dates?
63.1622 What definitions apply to this subpart?
63.1623 What are the emissions standards for new, reconstructed and 
          existing facilities?
63.1624 What are the operational and work practice standards for new, 
          reconstructed, and existing facilities?
63.1625 What are the performance test and compliance requirements for 
          new, reconstructed, and existing facilities?
63.1626 What monitoring requirements must I meet?
63.1627 What notification requirements must I meet?
63.1628 What recordkeeping and reporting requirements must I meet?
63.1629 Who implements and enforces this subpart?
63.1630-63.1649 [Reserved]
63.1650 Applicability and compliance dates.
63.1651 Definitions.
63.1652 Emission standards.
63.1653 Opacity standards.
63.1654 Operational and work practice standards.
63.1655 Maintenance requirements.
63.1656 Performance testing, test methods, and compliance 
          demonstrations.
63.1657 Monitoring requirements.
63.1658 Notification requirements.
63.1659 Reporting requirements.
63.1660 Recordkeeping requirements.
63.1661 Implementation and enforcement.
63.1662-63.1679 [Reserved]

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

 Subpart AAAA_National Emission Standards for Hazardous Air Pollutants: 
                     Municipal Solid Waste Landfills

                        What This Subpart Covers

63.1930 What is the purpose of this subpart?
63.1935 Am I subject to this subpart?
63.1940 What is the affected source of this subpart?
63.1945 When do I have to comply with this subpart?
63.1947 When do I have to comply with this subpart if I own or operate a 
          bioreactor?
63.1950 When am I no longer required to comply with this subpart?
63.1952 When am I no longer required to comply with the requirements of 
          this subpart if I own or operate a bioreactor?

                                Standards

63.1955 What requirements must I meet?
63.1957 Requirements for gas collection and control system installation 
          and removal
63.1958 Operational standards for collection and control systems.
63.1959 NMOC calculation procedures.
63.1960 Compliance provisions.
63.1961 Monitoring of operations.
63.1962 Specifications for active collection systems.

[[Page 9]]

             General and Continuing Compliance Requirements

63.1964 How is compliance determined?
63.1965 What is a deviation?
63.1975 How do I calculate the 3-hour block average used to demonstrate 
          compliance?

                   Notifications, Records, and Reports

63.1981 What reports must I submit?
63.1982 What records and reports must I submit and keep for bioreactors 
          or liquids addition other than leachate?
63.1983 What records must I keep?

                   Other Requirements and Information

63.1985 Who enforces this subpart?
63.1990 What definitions apply to this subpart?

Table 1 to Subpart AAAA of Part 63--Applicability of NESHAP General 
          Provisions to Subpart AAAA

Subpart BBBB [Reserved]

 Subpart CCCC_National Emission Standards for Hazardous Air Pollutants: 
                   Manufacturing of Nutritional Yeast

                        What This Subpart Covers

63.2130 What is the purpose of this subpart?
63.2131 Am I subject to this subpart?
63.2132 What parts of my plant does this subpart cover?
63.2133 When do I have to comply with this subpart?

                          Emission Limitations

63.2140 What emission limitations must I meet?

                     General Compliance Requirements

63.2150 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.2160 By what date must I conduct an initial compliance demonstration?
63.2161 What performance tests and other procedures must I use if I 
          monitor brew ethanol?
63.2162 When must I conduct subsequent performance tests if I monitor 
          brew ethanol?
63.2163 If I monitor fermenter exhaust, what are my monitoring 
          installation, operation, and maintenance requirements?
63.2164 If I monitor brew ethanol, what are my monitoring installation, 
          operation, and maintenance requirements?
63.2165 How do I demonstrate initial compliance with the emission 
          limitations if I monitor fermenter exhaust?

                   Continuous Compliance Requirements

63.2170 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.2171 How do I demonstrate continuous compliance with the emission 
          limitations?

                   Notification, Reports, and Records

63.2180 What notifications must I submit and when?
63.2181 What reports must I submit and when?
63.2182 What records must I keep?
63.2183 In what form and how long must I keep my records?

                   Other Requirements and Information

63.2190 What parts of the General Provisions apply to me?
63.2191 Who implements and enforces this subpart?
63.2192 What definitions apply to this subpart?

Table 1 to Subpart CCCC of Part 63--Emission Limitations
Table 2 to Subpart CCCC of Part 63--Requirements for Performance Tests 
          If You Monitor Brew Ethanol
Table 3 to Subpart CCCC of Part 63--Initial Compliance With Emission 
          Limitations
Table 4 to Subpart CCCC of Part 63--Continuous Compliance With Emission 
          Limitations
Table 5 to Subpart CCCC of Part 63--Requirements for Reports
Table 6 to Subpart CCCC of Part 63--Applicability of General Provisions 
          to Subpart CCCC
Table 7 to Subpart CCCC of Part 63--Emission Limitation Applicability 
          Timeline
Table 8 to Subpart CCCC of Part 63--Monitoring System Requirements 
          Timeline

 Subpart DDDD_National Emission Standards for Hazardous Air Pollutants: 
                   Plywood and Composite Wood Products

                        What This Subpart Covers

63.2230 What is the purpose of this subpart?
63.2231 Does this subpart apply to me?
63.2232 What parts of my plant does this subpart cover?
63.2233 When do I have to comply with this subpart?

     Compliance Options, Operating Requirements, and Work Practice 
                              Requirements

63.2240 What are the compliance options and operating requirements and 
          how must I meet them?
63.2241 What are the work practice requirements and how must I meet 
          them?

[[Page 10]]

                     General Compliance Requirements

63.2250 What are the general requirements?
63.2251 What are the requirements for the routine control device 
          maintenance exemption?
63.2252 What are the requirements for process units that have no control 
          or work practice requirements?

                     Initial Compliance Requirements

63.2260 How do I demonstrate initial compliance with the compliance 
          options, operating requirements, and work practice 
          requirements?
63.2261 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.2262 How do I conduct performance tests and establish operating 
          requirements?
63.2263 Initial compliance demonstration for a dry rotary dryer.
63.2264 Initial compliance demonstration for a hardwood veneer dryer.
63.2265 Initial compliance demonstration for a softwood veneer dryer.
63.2266 Initial compliance demonstration for a veneer redryer.
63.2267 Initial compliance demonstration for a reconstituted wood 
          product press or board cooler.
63.2268 Initial compliance demonstration for a wet control device.
63.2269 What are my monitoring installation, operation, and maintenance 
          requirements?

                   Continuous Compliance Requirements

63.2270 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.2271 How do I demonstrate continuous compliance with the compliance 
          options, operating requirements, and work practice 
          requirements?

                   Notifications, Reports, and Records

63.2280 What notifications must I submit and when?
63.2281 What reports must I submit and when?
63.2282 What records must I keep?
63.2283 In what form and how long must I keep my records?

                   Other Requirements and Information

63.2290 What parts of the general provisions apply to me?
63.2291 Who implements and enforces this subpart?
63.2292 What definitions apply to this subpart?

Table 1A to Subpart DDDD of Part 63--Production-Based Compliance Options
Table 1B to Subpart DDDD of Part 63--Add-On Control Systems Compliance 
          Options
Table 2 to Subpart DDDD of Part 63--Operating Requirements
Table 3 to Subpart DDDD of Part 63--Work Practice Requirements
Table 4 to Subpart DDDD of Part 63--Requirements for Performance Tests
Table 5 to Subpart DDDD of Part 63--Performance Testing and Initial 
          Compliance Demonstrations for the Compliance Options and 
          Operating Requirements
Table 6 to Subpart DDDD of Part 63--Initial Compliance Demonstrations 
          for Work Practice Requirements
Table 7 to Subpart DDDD of Part 63--Continuous Compliance With the 
          Compliance Options and Operating Requirements
Table 8 to Subpart DDDD of Part 63--Continuous Compliance With the Work 
          Practice Requirements
Table 9 to Subpart DDDD of Part 63--Requirements for Reports
Table 10 to Subpart DDDD of Part 63--Applicability of General Provisions 
          to This Subpart
Appendix A to Subpart DDDD of Part 63--Alternative Procedure To 
          Determine Capture Efficiency From Enclosures Around Hot 
          Presses in the Plywood and Composite Wood Products Industry 
          Using Sulfur Hexafluoride Tracer Gas

 Subpart EEEE_National Emission Standards for Hazardous Air Pollutants: 
               Organic Liquids Distribution (Non-Gasoline)

                        What This Subpart Covers

63.2330 What is the purpose of this subpart?
63.2334 Am I subject to this subpart?
63.2338 What parts of my plant does this subpart cover?
63.2342 When do I have to comply with this subpart?
63.2343 What are my requirements for emission sources not requiring 
          control?

   Emission Limitations, Operating Limits, and Work Practice Standards

63.2346 What emission limitations, operating limits, and work practice 
          standards must I meet?

                     General Compliance Requirements

63.2350 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.2354 What performance tests, design evaluations, and performance 
          evaluations must I conduct?
63.2358 By what date must I conduct performance tests or other initial 
          compliance demonstrations?

[[Page 11]]

63.2362 When must I conduct subsequent performance tests?
63.2366 What are my monitoring installation, operation, and maintenance 
          requirements?
63.2370 How do I demonstrate initial compliance with the emission 
          limitations, operating limits, and work practice standards?

                   Continuous Compliance Requirements

63.2374 When do I monitor and collect data to demonstrate continuous 
          compliance and how do I use the collected data?
63.2378 How do I demonstrate continuous compliance with the emission 
          limitations, operating limits, and work practice standards?
63.2380 What are my requirements for certain flares?

                   Notifications, Reports, and Records

63.2382 What notifications must I submit and when and what information 
          should be submitted?
63.2386 What reports must I submit and when and what information is to 
          be submitted in each?
63.2390 What records must I keep?
63.2394 In what form and how long must I keep my records?

                   Other Requirements and Information

63.2396 What compliance options do I have if part of my plant is subject 
          to both this subpart and another subpart?
63.2398 What parts of the General Provisions apply to me?
63.2402 Who implements and enforces this subpart?
63.2406 What definitions apply to this subpart?

Table 1 to Subpart EEEE of Part 63--Organic Hazardous Air Pollutants
Table 2 to Subpart EEEE of Part 63--Emission Limits
Table 2b to Subpart EEEE of Part 63--Emission Limits For Storage Tanks 
          At Certain Existing Affected Sources
Table 3 to Subpart EEEE of Part 63--Operating Limits--High Throughput 
          Transfer Racks
Table 4 to Subpart EEEE of Part 63--Work Practice Standards
Table 5 to Subpart EEEE of Part 63--Requirements for Performance Tests 
          and Design Evaluations
Table 6 to Subpart EEEE of Part 63--Initial Compliance with Emission 
          Limits
Table 7 to Subpart EEEE of Part 63--Initial Compliance with Work 
          Practice Standards
Table 8 to Subpart EEEE of Part 63--Continuous Compliance with Emission 
          Limits
Table 9 to Subpart EEEE of Part 63--Continuous Compliance with Operating 
          Limits--High Throughput Transfer Racks
Table 10 to Subpart EEEE of Part 63--Continuous Compliance with Work 
          Practice Standards
Table 11 to Subpart EEEE of Part 63--Requirements for Reports
Table 12 to Subpart EEEE of Part 63--Applicability of General Provisions 
          to Subpart EEEE

 Subpart FFFF_National Emission Standards for Hazardous Air Pollutants: 
              Miscellaneous Organic Chemical Manufacturing

                        What This Subpart Covers

63.2430 What is the purpose of this subpart?
63.2435 Am I subject to the requirements in this subpart?
63.2440 What parts of my plant does this subpart cover?

                            Compliance Dates

63.2445 When do I have to comply with this subpart?

  Emission Limits, Work Practice Standards, and Compliance Requirements

63.2450 What are my general requirements for complying with this 
          subpart?
63.2455 What requirements must I meet for continuous process vents?
63.2460 What requirements must I meet for batch process vents?
63.2465 What requirements must I meet for process vents that emit 
          hydrogen halide and halogen HAP or HAP metals?
63.2470 What requirements must I meet for storage tanks?
63.2475 What requirements must I meet for transfer racks?
63.2480 What requirements must I meet for equipment leaks?
63.2485 What requirements must I meet for wastewater streams and liquid 
          streams in open systems within an MCPU?
63.2490 What requirements must I meet for heat exchange systems?
63.2492 How do I determine whether my process vent, storage tank, or 
          equipment is in ethylene oxide service?
63.2493 What requirements must I meet for process vents, storage tanks, 
          or equipment that are in ethylene oxide service?

                     Alternative Means of Compliance

63.2495 How do I comply with the pollution prevention standard?
63.2500 How do I comply with emissions averaging?
63.2505 How do I comply with the alternative standard?

[[Page 12]]

                   Notifications, Reports, and Records

63.2515 What notifications must I submit and when?
63.2520 What reports must I submit and when?
63.2525 What records must I keep?

                   Other Requirements and Information

63.2535 What compliance options do I have if part of my plant is subject 
          to both this subpart and another subpart?
63.2540 What parts of the General Provisions apply to me?
63.2545 Who implements and enforces this subpart?
63.2550 What definitions apply to this subpart?

Table 1 to Subpart FFFF of Part 63--Emission Limits and Work Practice 
          Standards for Continuous Process Vents
Table 2 to Subpart FFFF of Part 63--Emission Limits and Work Practice 
          Standards for Batch Process Vents
Table 3 to Subpart FFFF of Part 63--Emission Limits for Hydrogen Halide 
          and Halogen HAP Emissions or HAP Metals Emissions From Process 
          Vents
Table 4 to Subpart FFFF of Part 63--Emission Limits for Storage Tanks
Table 5 to Subpart FFFF of Part 63--Emission Limits and Work Practice 
          Standards for Transfer Racks
Table 6 to Subpart FFFF of Part 63--Requirements for Equipment Leaks
Table 7 to Subpart FFFF of Part 63--Requirements for Wastewater Streams 
          and Liquid Streams in Open Systems Within an MCPU
Table 8 to Subpart FFFF of Part 63--Partially Soluble Hazardous Air 
          Pollutants
Table 9 to Subpart FFFF of Part 63--Soluble Hazardous Air Pollutants
Table 10 to Subpart FFFF of Part 63--Work Practice Standards for Heat 
          Exchange Systems
Table 11 to Subpart FFFF of Part 63--Requirements for Reports
Table 12 to Subpart FFFF of Part 63--Applicability of General Provisions 
          to Subpart FFFF

 Subpart GGGG_National Emission Standards for Hazardous Air Pollutants: 
             Solvent Extraction for Vegetable Oil Production

                        What This Subpart Covers

63.2830 What is the purpose of this subpart?
63.2831 Where can I find definitions of key words used in this subpart?
63.2832 Am I subject to this subpart?
63.2833 Is my source categorized as existing or new?
63.2834 When do I have to comply with the standards in this subpart?

                                Standards

63.2840 What emission requirements must I meet?

                         Compliance Requirements

63.2850 How do I comply with the hazardous air pollutant emission 
          standards?
63.2851 What is a plan for demonstrating compliance?
63.2852 What is a startup, shutdown, and malfunction plan?
63.2853 How do I determine the actual solvent loss?
63.2854 How do I determine the weighted average volume fraction of HAP 
          in the actual solvent loss?
63.2855 How do I determine the quantity of oilseed processed?

                   Notifications, Reports, and Records

63.2860 What notifications must I submit and when?
63.2861 What reports must I submit and when?
63.2862 What records must I keep?
63.2863 In what form and how long must I keep my records?

                   Other Requirements and Information

63.2870 What parts of the General Provisions apply to me?
63.2871 Who implements and enforces this subpart?
63.2872 What definitions apply to this subpart?

 Subpart HHHH_National Emission Standards for Hazardous Air Pollutants 
                for Wet-Formed Fiberglass Mat Production

                        What This Subpart Covers

63.2980 What is the purpose of this subpart?
63.2981 Does this subpart apply to me?
63.2982 What parts of my plant does this subpart cover?

                          Emission Limitations

63.2983 What emission limits must I meet?
63.2984 What operating limits must I meet?
63.2985 When do I have to comply with these standards?
63.2986 How do I comply with the standards?

               Operation, Maintenance, and Monitoring Plan

63.2987 What must my operation, maintenance, and monitoring (OMM) plan 
          include?
63.2988 [Reserved]
63.2989 How do I change my (OMM) plan?
63.2990 Can I conduct short-term experimental production runs that cause 
          parameters to deviate from operating limits?

[[Page 13]]

               Testing and Initial Compliance Requirements

63.2991 When must I conduct performance tests?
63.2992 How do I conduct a performance test?
63.2993 What test methods must I use in conducting performance tests?
63.2994 How do I verify the performance of monitoring equipment?
63.2995 What equations must I use to determine compliance?

                         Monitoring Requirements

63.2996 What must I monitor?
63.2997 What are the requirements for monitoring devices?

                   Notifications, Reports, and Records

63.2998 What records must I maintain?
63.2999 In what form and for how long must I maintain records?
63.3000 What notifications and reports must I submit?

                   Other Requirements and Information

63.3001 What sections of the general provisions apply to me?
63.3002 Who implements and enforces this subpart?
63.3003 [Reserved]
63.3004 What definitions apply to this subpart?
63.3005-63.3079 [Reserved]

Table 1 to Subpart HHHH of Part 63--Minimum Requirements for Monitoring 
          and Recordkeeping
Table 2 to Subpart HHHH of Part 63--Applicability of General Provisions 
          (40 CFR Part 63, Subpart A) to Subpart HHHH
Appendix A to Subpart HHHH of Part 63--Method for Determining Free-
          Formaldehyde in Urea-Formaldehyde Resins by Sodium Sulfite 
          (Iced & Cooled)
Appendix B to Subpart HHHH of Part 63--Method for the Determination of 
          Loss-on-Ignition

 Subpart IIII_National Emission Standards for Hazardous Air Pollutants: 
          Surface Coating of Automobiles and Light-Duty Trucks

                        What This Subpart Covers

63.3080 What is the purpose of this subpart?
63.3081 Am I subject to this subpart?
63.3082 What parts of my plant does this subpart cover?
63.3083 When do I have to comply with this subpart?

                          Emission Limitations

63.3090 What emission limits must I meet for a new or reconstructed 
          affected source?
63.3091 What emission limits must I meet for an existing affected 
          source?
63.3092 How must I control emissions from my electrodeposition primer 
          system if I want to comply with the combined primer-surfacer, 
          topcoat, final repair, glass bonding primer, and glass bonding 
          adhesive emission limit?
63.3093 What operating limits must I meet?
63.3094 What work practice standards must I meet?

                     General Compliance Requirements

63.3100 What are my general requirements for complying with this 
          subpart?
63.3101 What parts of the General Provisions apply to me?

                   Notifications, Reports, and Records

63.3110 What notifications must I submit?
63.3120 What reports must I submit?
63.3130 What records must I keep?
63.3131 In what form and for how long must I keep my records?

       Compliance Requirements for Adhesive, Sealer, and Deadener

63.3150 By what date must I conduct the initial compliance 
          demonstration?
63.3151 How do I demonstrate initial compliance with the emission 
          limitations?
63.3152 How do I demonstrate continuous compliance with the emission 
          limitations?

   Compliance Requirements for the Combined Electrodeposition Primer, 
Primer-Surfacer, Topcoat, Final Repair, Glass Bonding Primer, and Glass 
                  Bonding Adhesive Emission Limitations

63.3160 By what date must I conduct initial performance tests and other 
          initial compliance demonstrations?
63.3161 How do I demonstrate initial compliance?
63.3162 [Reserved]
63.3163 How do I conduct periodic performance tests and demonstrate 
          continuous compliance with the emission limitations?
63.3164 What are the general requirements for performance tests?
63.3165 How do I determine the emission capture system efficiency?
63.3166 How do I determine the add-on control device emission 
          destruction or removal efficiency?
63.3167 How do I establish the add-on control device operating limits 
          during performance tests?

[[Page 14]]

63.3168 What are the requirements for continuous parameter monitoring 
          system installation, operation, and maintenance?
63.3169 What are the requirements for a capture system or add-on control 
          device which is not taken into account when demonstrating 
          compliance with the applicable emission limitations?

Compliance Requirements for the Combined Primer-Surfacer, Topcoat, Final 
   Repair, Glass Bonding Primer, and Glass Bonding Adhesive Emission 
     Limitations and the Separate Electrodeposition Primer Emission 
                               Limitations

63.3170 By what date must I conduct performance tests and other initial 
          compliance demonstrations?
63.3171 How do I demonstrate initial compliance?
63.3172 [Reserved]
63.3173 How do I demonstrate continuous compliance with the emission 
          limitations?
63.3174 What are the requirements for a capture system or add-on control 
          device which is not taken into account when demonstrating 
          compliance with the applicable emission limitations?

                   Other Requirements and Information

63.3175 Who implements and enforces this subpart?
63.3176 What definitions apply to this subpart?

                    Tables to Subpart IIII of Part 63

Table 1 to Subpart IIII of Part 63--Operating Limits for Capture Systems 
          and Add-On Control Devices
Table 2 to Subpart IIII of Part 63--Applicability of General Provisions 
          to Subpart IIII of Part 63
Table 3 to Subpart IIII of Part 63--Default Organic HAP Mass Fraction 
          for Solvents and Solvent Blends
Table 4 to Subpart IIII of Part 63--Default Organic HAP Mass Fraction 
          for Petroleum Solvent Groups
Table 5 to Subpart IIII of Part 63--List of HAP That Must Be Counted 
          Toward Total Organic HAP Content if Present at 0.1 Percent or 
          More by Mass
Appendix A to Subpart IIII of Part 63--Determination of Capture 
          Efficiency of Automobile and Light-Duty Truck Spray Booth 
          Emissions From Solvent-borne Coatings Using Panel Testing

 Subpart JJJJ_National Emission Standards for Hazardous Air Pollutants: 
                       Paper and Other Web Coating

                        What This Subpart Covers

63.3280 What is in this subpart?
63.3290 Does this subpart apply to me?
63.3300 Which of my emission sources are affected by this subpart?
63.3310 What definitions are used in this subpart?

                 Emission Standards and Compliance Dates

63.3320 What emission standards must I meet?
63.3321 What operating limits must I meet?
63.3330 When must I comply?

General Requirements for Compliance With the Emission Standards and for 
                    Monitoring and Performance Tests

63.3340 What general requirements must I meet to comply with the 
          standards?
63.3350 If I use a control device to comply with the emission standards 
          what monitoring must I do?
63.3360 What performance tests must I conduct?

                   Requirements for Showing Compliance

63.3370 How do I demonstrate compliance with the emission standards?

                   Notifications, Reports, and Records

63.3400 What notifications and reports must I submit?
63.3410 What records must I keep?

                         Delegation of Authority

63.3420 What authorities may be delegated to the States?

Table 1 to Subpart JJJJ of Part 63--Operating Limits if Using Add-On 
          Control Devices and Capture System
Table 2 to Subpart JJJJ of Part 63--Applicability of 40 CFR Part 63 
          General Provisions to Subpart JJJJ

 Subpart KKKK_National Emission Standards for Hazardous Air Pollutants: 
                      Surface Coating of Metal Cans

                        What This Subpart Covers

63.3480 What is the purpose of this subpart?
63.3481 Am I subject to this subpart?
63.3482 What parts of my plant does this subpart cover?
63.3483 When do I have to comply with this subpart?

                          Emission Limitations

63.3490 What emission limits must I meet?
63.3491 What are my options for meeting the emission limits?
63.3492 What operating limits must I meet?
63.3493 What work practice standards must I meet?

[[Page 15]]

                     General Compliance Requirements

63.3500 What are my general requirements for complying with this 
          subpart?
63.3501 What parts of the General Provisions apply to me?

                   Notifications, Reports, and Records

63.3510 What notifications must I submit?
63.3511 What reports must I submit?
63.3512 What records must I keep?
63.3513 In what form and for how long must I keep my records?

        Compliance Requirements for the Compliant Material Option

63.3520 By what date must I conduct the initial compliance 
          demonstration?
63.3521 How do I demonstrate initial compliance with the emission 
          limitations?
63.3522 How do I demonstrate continuous compliance with the emission 
          limitations?

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option

63.3530 By what date must I conduct the initial compliance 
          demonstration?
63.3531 How do I demonstrate initial compliance with the emission 
          limitations?
63.3532 How do I demonstrate continuous compliance with the emission 
          limitations?

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option

63.3540 By what date must I conduct performance tests and initial 
          compliance demonstrations?
63.3541 How do I demonstrate initial compliance?
63.3542 How do I demonstrate continuous compliance with the emission 
          limitations?
63.3543 What are the general requirements for performance tests?
63.3544 How do I determine the emission capture system efficiency?
63.3545 How do I determine the add-on control device emission 
          destruction or removal efficiency?
63.3546 How do I establish the emission capture system and add-on 
          control device operating limits during the performance test?
63.3547 What are the requirements for continuous parameter monitoring 
          system installation, operation, and maintenance?

Compliance Requirements for the Control Efficiency/Outlet Concentration 
                                 Option

63.3550 By what date must I conduct performance tests and initial 
          compliance demonstrations?
63.3551 How do I demonstrate initial compliance?
63.3552 How do I demonstrate continuous compliance with the emission 
          limitations?
63.3553 What are the general requirements for performance tests?
63.3554 How do I determine the emission capture system efficiency?
63.3555 How do I determine the outlet THC emissions and add-on control 
          device emission destruction or removal efficiency?
63.3556 How do I establish the emission capture system and add-on 
          control device operating limits during the performance test?
63.3557 What are the requirements for continuous parameter monitoring 
          system installation, operation, and maintenance?

                   Other Requirements and Information

63.3560 Who implements and enforces this subpart?
63.3561 What definitions apply to this subpart?

Table 1 to Subpart KKKK of Part 63--Emission Limits for New or 
          Reconstructed Affected Sources
Table 2 to Subpart KKKK of Part 63--Emission Limits for Existing 
          Affected Sources
Table 3 to Subpart KKKK of Part 63--Emission Limits for Affected Sources 
          Using the Control Efficiency/Outlet Concentration Compliance 
          Option
Table 4 to Subpart KKKK of Part 63--Operating Limits if Using the 
          Emission Rate with Add-on Controls Option or the Control 
          Efficiency/Outlet Concentration Compliance Option
Table 5 to Subpart KKKK of Part 63--Applicability of General Provisions 
          to Subpart KKKK
Table 6 to Subpart KKKK of Part 63--Default Organic HAP Mass Fraction 
          for Solvents and Solvent Blends
Table 7 to Subpart KKKK of Part 63--Default Organic HAP Mass Fraction 
          for Petroleum Solvent Groups
Table 8 to Subpart KKKK 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 MMMM_National Emission Standards for Hazardous Air Pollutants 
      for Surface Coating of Miscellaneous Metal Parts and Products

                        What This Subpart Covers

63.3880 What is the purpose of this subpart?
63.3881 Am I subject to this subpart?
63.3882 What parts of my plant does this subpart cover?
63.3883 When do I have to comply with this subpart?

[[Page 16]]

                          Emission Limitations

63.3890 What emission limits must I meet?
63.3891 What are my options for meeting the emission limits?
63.3892 What operating limits must I meet?
63.3893 What work practice standards must I meet?

                     General Compliance Requirements

63.3900 What are my general requirements for complying with this 
          subpart?
63.3901 What parts of the General Provisions apply to me?

                   Notifications, Reports, and Records

63.3910 What notifications must I submit?
63.3920 What reports must I submit?
63.3930 What records must I keep?
63.3931 In what form and for how long must I keep my records?

        Compliance Requirements for the Compliant Material Option

63.3940 By what date must I conduct the initial compliance 
          demonstration?
63.3941 How do I demonstrate initial compliance with the emission 
          limitations?
63.3942 How do I demonstrate continuous compliance with the emission 
          limitations?

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option

63.3950 By what date must I conduct the initial compliance 
          demonstration?
63.3951 How do I demonstrate initial compliance with the emission 
          limitations?
63.3952 How do I demonstrate continuous compliance with the emission 
          limitations?

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option

63.3960 By what date must I conduct performance tests and other initial 
          compliance demonstrations?
63.3961 How do I demonstrate initial compliance?
63.3962 [Reserved]
63.3963 How do I demonstrate continuous compliance with the emission 
          limitations?
63.3964 What are the general requirements for performance tests?
63.3965 How do I determine the emission capture system efficiency?
63.3966 How do I determine the add-on control device emission 
          destruction or removal efficiency?
63.3967 How do I establish the emission capture system and add-on 
          control device operating limits during the performance test?
63.3968 What are the requirements for continuous parameter monitoring 
          system installation, operation, and maintenance?

                   Other Requirements and Information

63.3980 Who implements and enforces this subpart?
63.3981 What definitions apply to this subpart?

Table 1 to Subpart MMMM of Part 63--Operating Limits if Using the 
          Emission Rate with Add-on Controls Option
Table 2 to Subpart MMMM of Part 63--Applicability of General Provisions 
          to Subpart MMMM of Part 63
Table 3 to Subpart MMMM of Part 63--Default Organic HAP Mass Fraction 
          for Solvents and Solvent Blends
Table 4 to Subpart MMMM of Part 63--Default Organic HAP Mass Fraction 
          for Petroleum Solvent Groups
Table 5 to Subpart MMMM of Part 63--List of HAP That Must Be Counted 
          Toward Total Organic HAP Content If Present at 0.1 Percent or 
          More by Mass
Appendix A to Subpart MMMM of Part 63--Alternative Capture Efficiency 
          and Destruction Efficiency Measurement and Capture Efficiency 
          Monitoring Procedures for Magnet Wire Coating Operations

 Subpart NNNN_National Emission Standards for Hazardous Air Pollutants: 
                   Surface Coating of Large Appliances

                        What This Subpart Covers

63.4080 What is the purpose of this subpart?
63.4081 Am I subject to this subpart?
63.4082 What parts of my plant does this subpart cover?
63.4083 When do I have to comply with this subpart?

                          Emission Limitations

63.4090 What emission limits must I meet?
63.4091 What are my options for meeting the emission limits?
63.4092 What operating limits must I meet?
63.4093 What work practice standards must I meet?

                     General Compliance Requirements

63.4100 What are my general requirements for complying with this 
          subpart?
63.4101 What parts of the General Provisions apply to me?

                   Notifications, Reports, and Records

63.4110 What notifications must I submit?
63.4120 What reports must I submit?
63.4121 What are my electronic reporting requirements?
63.4130 What records must I keep?

[[Page 17]]

63.4131 In what form and for how long must I keep my records?

        Compliance Requirements for the Compliant Material Option

63.4140 By what date must I conduct the initial compliance 
          demonstration?
63.4141 How do I demonstrate initial compliance with the emission 
          limitations?
63.4142 How do I demonstrate continuous compliance with the emission 
          limitations?

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option

63.4150 By what date must I conduct the initial compliance 
          demonstration?
63.4151 How do I demonstrate initial compliance with the emission 
          limitations?
63.4152 How do I demonstrate continuous compliance with the emission 
          limitations?

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option

63.4160 By what date must I conduct initial performance tests and other 
          initial compliance demonstrations?
63.4161 How do I demonstrate initial compliance?
63.4162 [Reserved]
63.4163 How do I conduct periodic performance tests and demonstrate 
          continuous compliance with the emission limitations?
63.4164 What are the general requirements for performance tests?
63.4165 How do I determine the emission capture system efficiency?
63.4166 How do I determine the add-on control device emission 
          destruction or removal efficiency?
63.4167 How do I establish the emission capture system and add-on 
          control device operating limits during performance tests?
63.4168 What are the requirements for continuous parameter monitoring 
          system installation, operation, and maintenance?

                   Other Requirements and Information

63.4180 Who implements and enforces this subpart?
63.4181 What definitions apply to this subpart?

Table 1 to Subpart NNNN of Part 63--Operating Limits if Using the 
          Emission Rate with Add-on Controls Option
Table 2 to Subpart NNNN of Part 63--Applicability of General Provisions 
          to Subpart NNNN
Table 3 to Subpart NNNN of Part 63--Default Organic HAP Mass Fraction 
          for Solvents and Solvent Blends
Table 4 to Subpart NNNN of Part 63--Default Organic Mass Fraction for 
          Petroleum Solvent Groups
Table 5 to Subpart NNNN 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 OOOO_National Emission Standards for Hazardous Air Pollutants: 
       Printing, Coating, and Dyeing of Fabrics and Other Textiles

                        What This Subpart Covers

63.4280 What is the purpose of this subpart?
63.4281 Am I subject to this subpart?
63.4282 What parts of my plant does this subpart cover?
63.4283 When do I have to comply with this subpart?

                          Emission Limitations

63.4290 What emission limits must I meet?
63.4291 What are my options for meeting the emission limits?
63.4292 What operating limits must I meet?
63.4293 What work practice standards must I meet?

                     General Compliance Requirements

63.4300 What are my general requirements for complying with this 
          subpart?
63.4301 What parts of the General Provisions apply to me?

                   Notifications, Reports, and Records

63.4310 What notifications must I submit?
63.4311 What reports must I submit?
63.4312 What records must I keep?
63.4313 In what form and for how long must I keep my records?

        Compliance Requirements for the Compliant Material Option

63.4320 By what date must I conduct the initial compliance 
          demonstration?
63.4321 How do I demonstrate initial compliance with the emission 
          limitations?
63.4322 How do I demonstrate continuous compliance with the emission 
          limitations?

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option

63.4330 By what date must I conduct the initial compliance 
          demonstration?
63.4331 How do I demonstrate initial compliance with the emission 
          limitations?
63.4332 How do I demonstrate continuous compliance with the emission 
          limitations?

[[Page 18]]

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option

63.4340 By what date must I conduct initial performance tests and other 
          initial compliance demonstrations?
63.4341 How do I demonstrate initial compliance?
63.4342 How do I conduct periodic performance tests and demonstrate 
          continuous compliance with the emission limitations?

 Compliance Requirements for the Organic HAP Overall Control Efficiency 
          and Oxidizer Outlet Organic HAP Concentration Options

63.4350 By what date must I conduct performance tests and other initial 
          compliance demonstrations?
63.4351 How do I demonstrate initial compliance?
63.4352 How do I demonstrate continuous compliance with the emission 
          limitations?

             Performance Testing and Monitoring Requirements

63.4360 What are the general requirements for performance tests?
63.4361 How do I determine the emission capture system efficiency?
63.4362 How do I determine the add-on control device emission 
          destruction or removal efficiency?
63.4363 How do I establish the add-on control device operating limits 
          during the performance test?
63.4364 What are the requirements for CPMS installation, operation, and 
          maintenance?

                   Other Requirements and Information

63.4370 Who implements and enforces this subpart?
63.4371 What definitions apply to this subpart?

Table 1 to Subpart OOOO of Part 63--Emission Limits for New or 
          Reconstructed and Existing Affected Sources in the Printing, 
          Coating, and Dyeing of Fabrics and Other Textiles Source 
          Category
Table 2 to Subpart OOOO of Part 63--Operating Limits if Using Add-On 
          Control Devices and Capture System
Table 3 to Subpart OOOO of Part 63--Applicability of General Provisions 
          to Subpart OOOO
Table 4 to Subpart OOOO of Part 63--Default Organic HAP Mass Fraction 
          for Solvents and Solvent Blends
Table 5 to Subpart OOOO of Part 63--Default Organic HAP Mass Fraction 
          for Petroleum Solvent Groups
Table 6 to Subpart OOOO 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 PPPP_National Emission Standards for Hazardous Air Pollutants 
            for Surface Coating of Plastic Parts and Products

                        What This Subpart Covers

63.4480 What is the purpose of this subpart?
63.4481 Am I subject to this subpart?
63.4482 What parts of my plant does this subpart cover?
63.4483 When do I have to comply with this subpart?

                          Emission Limitations

63.4490 What emission limits must I meet?
63.4491 What are my options for meeting the emission limits?
63.4492 What operating limits must I meet?
63.4493 What work practice standards must I meet?

                     General Compliance Requirements

63.4500 What are my general requirements for complying with this 
          subpart?
63.4501 What parts of the General Provisions apply to me?

                   Notifications, Reports, and Records

63.4510 What notifications must I submit?
63.4520 What reports must I submit?
63.4530 What records must I keep?
63.4531 In what form and for how long must I keep my records?

        Compliance Requirements for the Compliant Material Option

63.4540 By what date must I conduct the initial compliance 
          demonstration?
63.4541 How do I demonstrate initial compliance with the emission 
          limitations?
63.4542 How do I demonstrate continuous compliance with the emission 
          limitations?

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option

63.4550 By what date must I conduct the initial compliance 
          demonstration?
63.4551 How do I demonstrate initial compliance with the emission 
          limitations?
63.4552 How do I demonstrate continuous compliance with the emission 
          limitations?

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option

63.4560 By what date must I conduct performance tests and initial 
          compliance demonstrations?

[[Page 19]]

63.4561 How do I demonstrate initial compliance?
63.4562 [Reserved]
63.4563 How do I demonstrate continuous compliance with the emission 
          limitations?
63.4564 What are the general requirements for performance tests?
63.4565 How do I determine the emission capture system efficiency?
63.4566 How do I determine the add-on control device emission 
          destruction or removal efficiency?
63.4567 How do I establish the emission capture system and add-on 
          control device operating limits during the performance test?
63.4568 What are the requirements for continuous parameter monitoring 
          system installation, operation, and maintenance?

                   Other Requirements and Information

63.4580 Who implements and enforces this subpart?
63.4581 What definitions apply to this subpart?

Table 1 to Subpart PPPP of Part 63--Operating Limits if Using the 
          Emission Rate with Add-on Controls Option
Table 2 to Subpart PPPP of Part 63--Applicability of General Provisions 
          to Subpart PPPP of Part 63
Table 3 to Subpart PPPP of Part 63--Default Organic HAP Mass Fraction 
          for Solvents and Solvent Blends
Table 4 to Subpart PPPP of Part 63--Default Organic HAP Mass Fraction 
          for Petroleum Solvent Groups
Table 5 to Subpart PPPP of Part 63--List of HAP That Must Be Counted 
          Toward Total Organic HAP Content if Present at 0.1 Percent or 
          More by Mass
Appendix A to Subpart PPPP of Part 63--Determination of Weight Volatile 
          Matter Content and Weight Solids Content of Reactive Adhesives

 Subpart QQQQ_National Emission Standards for Hazardous Air Pollutants: 
                Surface Coating of Wood Building Products

                        What This Subpart Covers

63.4680 What is the purpose of this subpart?
63.4681 Am I subject to this subpart?
63.4682 What parts of my plant does this subpart cover?
63.4683 When do I have to comply with this subpart?

                          Emission Limitations

63.4690 What emission limits must I meet?
63.4691 What are my options for meeting the emission limits?
63.4692 What operating limits must I meet?
63.4693 What work practice standards must I meet?

                     General Compliance Requirements

63.4700 What are my general requirements for complying with this 
          subpart?
63.4701 What parts of the General Provisions apply to me?

                   Notifications, Reports, and Records

63.4710 What notifications must I submit?
63.4720 What reports must I submit?
63.4730 What records must I keep?
63.4731 In what form and for how long must I keep my records?

        Compliance Requirements for the Compliant Material Option

63.4740 By what date must I conduct the initial compliance 
          demonstration?
63.4741 How do I demonstrate initial compliance with the emission 
          limitations?
63.4742 How do I demonstrate continuous compliance with the emission 
          limitations?

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option

63.4750 By what date must I conduct the initial compliance 
          demonstration?
63.4751 How do I demonstrate initial compliance with the emission 
          limitations?
63.4752 How do I demonstrate continuous compliance with the emission 
          limitations?

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option

63.4760 By what date must I conduct performance tests and other initial 
          compliance demonstrations?
63.4761 How do I demonstrate initial compliance?
63.4762 [Reserved]
63.4763 How do I demonstrate continuous compliance with the emission 
          limitations?
63.4764 What are the general requirements for performance tests?
63.4765 How do I determine the emission capture system efficiency?
63.4766 How do I determine the add-on control device emission 
          destruction or removal efficiency?
63.4767 How do I establish the emission capture system and add-on 
          control device operating limits during the performance test?
63.4768 What are the requirements for continuous parameter monitoring 
          system installation, operation, and maintenance?

                   Other Requirements and Information

63.4780 Who implements and enforces this subpart?
63.4781 What definitions apply to this subpart?

[[Page 20]]


Table 1 to Subpart QQQQ of Part 63--Emission Limits for New or 
          Reconstructed Affected Sources
Table 2 to Subpart QQQQ of Part 63--Emission Limits for Existing 
          Affected Sources
Table 3 to Subpart QQQQ of Part 63--Operating Limits if Using the 
          Emission Rate with Add-on Controls Option
Table 4 to Subpart QQQQ of Part 63--Applicability of General Provisions 
          to Subpart QQQQ of Part 63
Table 5 to Subpart QQQQ of Part 63--Default Organic HAP Mass Fraction 
          for Solvents and Solvent Blends
Table 6 to Subpart QQQQ of Part 63--Default Organic HAP Mass Fraction 
          for Petroleum Solvent Groups
Table 7 to Subpart QQQQ of Part 63--List of HAP That Must Be Counted 
          Toward Organic HAP Content if Present at 0.1 Percent or More 
          by Mass

 Subpart RRRR_National Emission Standards for Hazardous Air Pollutants: 
                   Surface Coating of Metal Furniture

                        What This Subpart Covers

63.4880 What is the purpose of this subpart?
63.4881 Am I subject to this subpart?
63.4882 What parts of my plant does this subpart cover?
63.4883 When do I have to comply with this subpart?

                          Emission Limitations

63.4890 What Emission Limits Must I Meet?
63.4891 What are my options for demonstrating compliance with the 
          emission limits?
63.4892 What operating limits must I meet?
63.4893 What work practice standards must I meet?

                     General Compliance Requirements

63.4900 What are my general requirements for complying with this 
          subpart?
63.4901 What parts of the General Provisions apply to me?

                   Notifications, Reports, and Records

63.4910 What notifications must I submit?
63.4920 What reports must I submit?
63.4921 What are my electronic reporting requirements?
63.4930 What records must I keep?
63.4931 In what form and for how long must I keep my records?

        Compliance Requirements for the Compliant Material Option

63.4940 By what date must I conduct the initial compliance 
          demonstration?
63.4941 How do I demonstrate initial compliance with the emission 
          limitations?
63.4942 How do I demonstrate continuous compliance with the emission 
          limitations?

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option

63.4950 By what date must I conduct the initial compliance 
          demonstration?
63.4951 How do I demonstrate initial compliance with the emission 
          limitations?
63.4952 How do I demonstrate continuous compliance with the emission 
          limitations?

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option

63.4960 By what date must I conduct initial performance tests and other 
          initial compliance demonstrations?
63.4961 How do I demonstrate initial compliance?
63.4962 How do I conduct periodic performance tests and demonstrate 
          continuous compliance with the emission limitations?
63.4963 What are the general requirements for performance tests?
63.4964 How do I determine the emission capture system efficiency?
63.4965 How do I determine the add-on control device emission 
          destruction or removal efficiency?
63.4966 How do I establish the emission capture system and add-on 
          control device operating limits during performance tests?
63.4967 What are the requirements for continuous parameter monitoring 
          system installation, operation, and maintenance?

                   Other Requirements and Information

63.4980 Who implements and enforces this subpart?
63.4981 What definitions apply to this subpart?

Table 1 to Subpart RRRR of Part 63--Operating Limits if Using the 
          Emission Rate with Add-on Controls Option
Table 2 to Subpart RRRR of Part 63--Applicability of General Provisions 
          to Subpart RRRR
Table 3 to Subpart RRRR of Part 63--Default Organic HAP Mass Fraction 
          for Solvents and Solvent Blends
Table 4 to Subpart RRRR of Part 63--Default Organic HAP Mass Fraction 
          for Petroleum Solvent Groups
Table 5 to Subpart RRRR of Part 63--List of Hazardous Air Pollutants 
          That

[[Page 21]]

          Must Be Counted Toward Total Organic HAP Content if Present at 
          0.1 Percent or More by Mass

 Subpart SSSS_National Emission Standards for Hazardous Air Pollutants: 
                      Surface Coating of Metal Coil

                        What This Subpart Covers

63.5080 What is in this subpart?
63.5090 Does this subpart apply to me?
63.5100 Which of my emissions sources are affected by this subpart?
63.5110 What special definitions are used in this subpart?

                 Emission Standards and Compliance Dates

63.5120 What emission standards must I meet?
63.5121 What operating limits must I meet?
63.5130 When must I comply?

General Requirements for Compliance with the Emission Standards and for 
                    Monitoring and Performance Tests

63.5140 What general requirements must I meet to comply with the 
          standards?
63.5150 If I use a control device to comply with the emission standards, 
          what monitoring must I do?
63.5160 What performance tests must I complete?

                   Requirements for Showing Compliance

63.5170 How do I demonstrate compliance with the standards?

                       Reporting and Recordkeeping

63.5180 What reports must I submit?
63.5181 What are my electronic reporting requirements?
63.5190 What records must I maintain?

                         Delegation of Authority

63.5200 What authorities may be delegated to the States?
63.5201-63.5209 [Reserved]

Table 1 to Subpart SSSS of Part 63--Operating Limits if Using Add-on 
          Control Devices and Capture System
Table 2 to Subpart SSSS of Part 63--Applicability of General Provisions 
          to Subpart SSSS
Table 3 to Subpart SSSS 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 TTTT_National Emission Standards for Hazardous Air Pollutants 
                    for Leather Finishing Operations

                        What This Subpart Covers

63.5280 What is the purpose of this subpart?
63.5285 Am I subject to this subpart?
63.5290 What parts of my facility does this subpart cover?
63.5295 When do I have to comply with this subpart?

                                Standards

63.5305 What emission standards must I meet?

                         Compliance Requirements

63.5320 How does my affected major source comply with the HAP emission 
          standards?
63.5325 What is a plan for demonstrating compliance and when must I have 
          one in place?
63.5330 How do I determine the compliance ratio?
63.5335 How do I determine the actual HAP loss?
63.5340 How do I determine the allowable HAP loss?
63.5345 How do I distinguish between the two upholstery product process 
          operations?
63.5350 How do I distinguish between the water-resistant/specialty and 
          nonwater-resistant leather product process operations?
63.5355 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.5360 How do I demonstrate continuous compliance with the emission 
          standards?

               Testing and Initial Compliance Requirements

63.5375 When must I conduct a performance test or initial compliance 
          demonstration?
63.5380 How do I conduct performance tests?
63.5385 How do I measure the quantity of finish applied to the leather?
63.5390 How do I measure the HAP content of a finish?
63.5395 How do I measure the density of a finish?
63.5400 How do I measure the quantity of leather processed?

                   Notifications, Reports, and Records

63.5415 What notifications must I submit and when?
63.5420 What reports must I submit and when?

[[Page 22]]

63.5425 When must I start recordkeeping to determine my compliance 
          ratio?
63.5430 What records must I keep?
63.5435 In what form and how long must I keep my records?

                   Other Requirements and Information

63.5450 What parts of the General Provisions apply to me?
63.5455 Who administers this subpart?
63.5460 What definitions apply to this subpart?

Figure 1 to Subpart TTTT of Part 63--Example Logs for Recording Leather 
          Finish Use and HAP Content
Table 1 to Subpart TTTT of Part 63--Leather Finishing HAP Emission 
          Limits for Determining the Allowable HAP Loss
Table 2 to Subpart TTTT of Part 63--Applicability of General Provisions 
          to Subpart TTTT

 Subpart UUUU_National Emission Standards for Hazardous Air Pollutants 
                  for Cellulose Products Manufacturing

                        What This Subpart Covers

63.5480 What is the purpose of this subpart?
63.5485 Am I subject to this subpart?
63.5490 What parts of my plant does this subpart cover?
63.5495 When do I have to comply with this subpart?

     Emission Limits, Operating Limits, and Work Practice Standards

63.5505 What emission limits, operating limits, and work practice 
          standards must I meet?

                     General Compliance Requirements

63.5515 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.5530 How do I demonstrate initial compliance with the emission limits 
          and work practice standards?
63.5535 What performance tests and other procedures must I use?
63.5540 By what date must I conduct a performance test or other initial 
          compliance demonstration?
63.5541 When must I conduct subsequent performance tests?
63.5545 What are my monitoring installation, operation, and maintenance 
          requirements?

                   Continuous Compliance Requirements

63.5555 How do I demonstrate continuous compliance with the emission 
          limits, operating limits, and work practice standards?
63.5560 How do I monitor and collect data to demonstrate continuous 
          compliance?

                   Notifications, Reports, and Records

63.5575 What notifications must I submit and when?
63.5580 What reports must I submit and when?
63.5585 What records must I keep?
63.5590 In what form and how long must I keep my records?

                   Other Requirements and Information

63.5595 What compliance options do I have if part of my affected source 
          is subject to both this subpart and another subpart?
63.5600 What other requirements apply to me?
63.5605 Who implements and enforces this subpart?
63.5610 What definitions apply to this subpart?

Table 1 to Subpart UUUU of Part 63--Emission Limits and Work Practice 
          Standards
Table 2 to Subpart UUUU of Part 63--Operating Limits
Table 3 to Subpart UUUU of Part 63--Initial Compliance With Emission 
          Limits and Work Practice Standards
Table 4 to Subpart UUUU of Part 63--Requirements for Performance Tests
Table 5 to Subpart UUUU of Part 63--Continuous Compliance With Emission 
          Limits and Work Practice Standards
Table 6 to Subpart UUUU of Part 63--Continuous Compliance With Operating 
          Limits
Table 7 to Subpart UUUU of Part 63--Notifications
Table 8 to Subpart UUUU of Part 63--Reporting Requirements
Table 9 to Subpart UUUU of Part 63--Recordkeeping Requirements
Table 10 to Subpart UUUU of Part 63--Applicability of General Provisions 
          to Subpart UUUU

 Subpart VVVV_National Emission Standards for Hazardous Air Pollutants 
                         for Boat Manufacturing

                         What the Subpart Covers

63.5680 What is the purpose of this subpart?
63.5683 Does this subpart apply to me?
63.5686 How do I demonstrate that my facility is not a major source?
63.5689 What parts of my facility are covered by this subpart?
63.5692 How do I know if my boat manufacturing facility is a new source 
          or an existing source?
63.5695 When must I comply with this subpart?

[[Page 23]]

        Standards for Open Molding Resin and Gel Coat Operations

63.5698 What emission limit must I meet for open molding resin and gel 
          coat operations?
63.5701 What are my options for complying with the open molding emission 
          limit?
63.5704 What are the general requirements for complying with the open 
          molding emission limit?
63.5707 What is an implementation plan for open molding operations and 
          when do I need to prepare one?
63.5710 How do I demonstrate compliance using emissions averaging?
63.5713 How do I demonstrate compliance using compliant materials?
63.5714 How do I demonstrate compliance if I use filled resins?

 Demonstrating Compliance for Open Molding Operations Controlled by Add-
                           on Control Devices

63.5715 What operating limits must I meet?
63.5716 When must I conduct a performance test?
63.5719 How do I conduct a performance test?
63.5722 How do I use the performance test data to demonstrate initial 
          compliance?
63.5725 What are the requirements for monitoring and demonstrating 
          continuous compliance?

              Standards for Closed Molding Resin Operations

63.5728 What standards must I meet for closed molding resin operations?

           Standards for Resin and Gel Coat Mixing Operations

63.5731 What standards must I meet for resin and gel coat mixing 
          operations?

    Standards for Resin and Gel Coat Application Equipment Cleaning 
                               Operations

63.5734 What standards must I meet for resin and gel coat application 
          equipment cleaning operations?
63.5737 How do I demonstrate compliance with the resin and gel coat 
          application equipment cleaning standards?

           Standards for Carpet and Fabric Adhesive Operations

63.5740 What emission limit must I meet for carpet and fabric adhesive 
          operations?

   Standards for Aluminum Recreational Boat Surface Coating Operations

63.5743 What standards must I meet for aluminum recreational boat 
          surface coating operations?
63.5746 How do I demonstrate compliance with the emission limits for 
          aluminum wipedown solvents and aluminum coatings?
63.5749 How do I calculate the organic HAP content of aluminum wipedown 
          solvents?
63.5752 How do I calculate the organic HAP content of aluminum 
          recreational boat surface coatings?
63.5753 How do I calculate the combined organic HAP content of aluminum 
          wipedown solvents and aluminum recreational boat surface 
          coatings?
63.5755 How do I demonstrate compliance with the aluminum recreational 
          boat surface coating spray gun cleaning work practice 
          standards?

         Methods for Determining Hazardous Air Pollutant Content

63.5758 How do I determine the organic HAP content of materials?

                   Notifications, Reports, and Records

63.5761 What notifications must I submit and when?
63.5764 What reports must I submit and when?
63.5765 How do I submit my reports?
63.5767 What records must I keep?
63.5770 In what form and for how long must I keep my records?

                   Other Information You Need To Know

63.5773 What parts of the General Provisions apply to me?
63.5776 Who implements and enforces this subpart?

                               Definitions

63.5779 What definitions apply to this subpart?

Table 1 to Subpart VVVV of Part 63--Compliance Dates for New and 
          Existing Boat Manufacturing Facilities
Table 2 to Subpart VVVV of Part 63--Alternative HAP Content Requirements 
          for Open Molding Resin and Gel Coat Operations
Table 3 to Subpart VVVV of Part 63--MACT Model Point Value Formulas for 
          Open Molding Operations
Table 4 to Subpart VVVV of Part 63--Operating Limits If Using an Add-on 
          Control Device for Open Molding Operations
Table 5 to Subpart VVVV of Part 63--Default Organic HAP Contents of 
          Solvents and Solvent Blends
Table 6 to Subpart VVVV of Part 63--Default Organic HAP Contents of 
          Petroleum Solvent Groups
Table 7 to Subpart VVVV of Part 63--Applicability and Timing of 
          Notifications
Table 8 to Subpart VVVV of Part 63--Applicability of General Provisions 
          (40

[[Page 24]]

          CFR Part 63, Subpart A) to Subpart VVVV

Subpart WWWW_National Emissions Standards for Hazardous Air Pollutants: 
                Reinforced Plastic Composites Production

                        What This Subpart Covers

63.5780 What is the purpose of this subpart?
63.5785 Am I subject to this subpart?
63.5787 What if I also manufacture fiberglass boats or boat parts?
63.5790 What parts of my plant does this subpart cover?
63.5795 How do I know if my reinforced plastic composites production 
          facility is a new affected source or an existing affected 
          source?

     Calculating Organic HAP Emissions Factors for Open Molding and 
                           Centrifugal Casting

63.5796 What are the organic HAP emissions factor equations in Table 1 
          to this subpart and how are they used in this subpart?
63.5797 How do I determine the organic HAP content of my resins and gel 
          coats?
63.5798 What if I want to use, or I manufacture, an application 
          technology (new or existing) whose organic HAP emissions 
          characteristics are not represented by the equations in Table 
          1 to this subpart?
63.5799 How do I calculate my facility's organic HAP emissions on a tpy 
          basis for purposes of determining which paragraphs of Sec. 
          63.5805 apply?

                     Compliance Dates and Standards

63.5800 When do I have to comply with this subpart?
63.5805 What standards must I meet to comply with this subpart?

                      Options for Meeting Standards

63.5810 What are my options for meeting the standards for open molding 
          and centrifugal casting operations at new and existing 
          sources?
63.5820 What are my options for meeting the standards for continuous 
          lamination/casting operations?
63.5830 What are my options for meeting the standards for pultrusion 
          operations subject to the 60 weight percent organic HAP 
          emissions reductions requirement?

                     General Compliance Requirements

63.5835 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.5840 By what date must I conduct a performance test or other initial 
          compliance demonstration?
63.5845 When must I conduct subsequent performance tests?
63.5850 How do I conduct performance tests, performance evaluations, and 
          design evaluations?
63.5855 What are my monitor installation and operation requirements?
63.5860 How do I demonstrate initial compliance with the standards?

Emissions Factor, Percent Reduction, and Capture Efficiency Calculation 
         Procedures for Continuous Lamination/Casting Operations

63.5865 What data must I generate to demonstrate compliance with the 
          standards for continuous lamination/casting operations?
63.5870 How do I calculate annual uncontrolled and controlled organic 
          HAP emissions from my wet-out area(s) and from my oven(s) for 
          continuous lamination/casting operations?
63.5875 How do I determine the capture efficiency of the enclosure on my 
          wet-out area and the capture efficiency of my oven(s) for 
          continuous lamination/casting operations?
63.5880 How do I determine how much neat resin plus is applied to the 
          line and how much neat gel coat plus is applied to the line 
          for continuous lamination/casting operations?
63.5885 How do I calculate percent reduction to demonstrate compliance 
          for continuous lamination/casting operations?
63.5890 How do I calculate an organic HAP emissions factor to 
          demonstrate compliance for continuous lamination/casting 
          operations?

                   Continuous Compliance Requirements

63.5895 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.5900 How do I demonstrate continuous compliance with the standards?

                   Notifications, Reports, and Records

63.5905 What notifications must I submit and when?
63.5910 What reports must I submit and when?
63.5912 How do I submit my reports?
63.5915 What records must I keep?
63.5920 In what form and how long must I keep my records?

                   Other Requirements and Information

63.5925 What parts of the General Provisions apply to me?

[[Page 25]]

63.5930 Who implements and enforces this subpart?
63.5935 What definitions apply to this subpart?

Table 1 to Subpart WWWW of Part 63--Equations To Calculate Organic HAP 
          Emissions Factors for Specific Open Molding and Centrifugal 
          Casting Process Streams
Table 2 to Subpart WWWW of Part 63--Compliance Dates for New and 
          Existing Reinforced Plastic Composites Facilities
Table 3 to Subpart WWWW of Part 63--Organic HAP Emissions Limits for 
          Existing Open Molding Sources, New Open Molding Sources 
          Emitting Less Than 100 TPY of HAP, and New and Existing 
          Centrifugal Casting and Continuous Lamination/Casting Sources 
          That Emit Less Than 100 TPY of HAP
Table 4 to Subpart WWWW of Part 63--Work Practice Standards
Table 5 to Subpart WWWW of Part 63--Alternative Organic HAP Emissions 
          Limits for Open Molding, Centrifugal Casting, and SMC 
          Manufacturing Operations Where the Standards Are Based on a 95 
          Percent Reduction Requirement
Table 6 to Subpart WWWW of Part 63--Basic Requirements for Performance 
          Tests, Performance Evaluations, and Design Evaluations for New 
          and Existing Sources Using Add-On Control Devices
Table 7 to Subpart WWWW of Part 63--Options Allowing Use of the Same 
          Resin Across Different Operations That Use the Same Resin Type
Table 8 to Subpart WWWW of Part 63--Initial Compliance With Organic HAP 
          Emissions Limits
Table 9 to Subpart WWWW of Part 63--Initial Compliance With Work 
          Practice Standards.
Table 10 to Subpart WWWW of Part 63--Data Requirements for New and 
          Existing Continuous Lamination Lines and Continuous Casting 
          Lines Complying With a Percent Reduction Limit on a Per Line 
          Basis
Table 11 to Subpart WWWW of Part 63--Data Requirements for New and 
          Existing Continuous Lamination and Continuous Casting Lines 
          Complying With a Percent Reduction Limit or a Lbs/Ton Limit on 
          an Averaging Basis
Table 12 to Subpart WWWW of Part 63--Data Requirements for New and 
          Existing Continuous Lamination Lines and Continuous Casting 
          Lines Complying With a Lbs/Ton Organic HAP Emissions Limit on 
          a Per Line Basis
Table 13 to Subpart WWWW of Part 63--Applicability and Timing of 
          Notifications
Table 14 to Subpart WWWW of Part 63--Requirements for Reports
Table 15 to Subpart WWWW of Part 63--Applicability of General Provisions 
          (Subpart A) to Subpart WWWW of Part 63
Appendix A to Subpart WWWW of Part 63--Test Method for Determining Vapor 
          Suppressant Effectiveness

 Subpart XXXX_National Emission Standards for Hazardous Air Pollutants: 
                        Rubber Tire Manufacturing

                        What This Subpart Covers

63.5980 What is the purpose of this subpart?
63.5981 Am I subject to this subpart?
63.5982 What parts of my facility does this subpart cover?
63.5983 When do I have to comply with this subpart?

          Emission Limits for Tire Production Affected Sources

63.5984 What emission limits must I meet for tire production affected 
          sources?
63.5985 What are my alternatives for meeting the emission limits for 
          tire production affected sources?

        Emission Limits for Tire Cord Production Affected Sources

63.5986 What emission limits must I meet for tire cord production 
          affected sources?
63.5987 What are my alternatives for meeting the emission limits for 
          tire cord production affected sources?

 Emission Limitations for Puncture Sealant Application Affected Sources

63.5988 What emission limitations must I meet for puncture sealant 
          application affected sources?
63.5989 What are my alternatives for meeting the emission limitations 
          for puncture sealant application affected sources?

                     General Compliance Requirements

63.5990 What are my general requirements for complying with this 
          subpart?

           General Testing and Initial Compliance Requirements

63.5991 By what date must I conduct an initial compliance demonstration 
          or performance test?
63.5992 When must I conduct subsequent performance tests?
63.5993 What performance tests and other procedures must I use?

[[Page 26]]

Testing and Initial Compliance Requirements for Tire Production Affected 
                                 Sources

63.5994 How do I conduct tests and procedures for tire production 
          affected sources?
63.5995 What are my monitoring installation, operation, and maintenance 
          requirements?
63.5996 How do I demonstrate initial compliance with the emission limits 
          for tire production affected sources?

  Testing and Initial Compliance Requirements for Tire Cord Production 
                            Affected Sources

63.5997 How do I conduct tests and procedures for tire cord production 
          affected sources?
63.5998 What are my monitoring installation, operation, and maintenance 
          requirements?
63.5999 How do I demonstrate initial compliance with the emission limits 
          for tire cord production affected sources?

    Testing and Initial Compliance Requirements for Puncture Sealant 
                      Application Affected Sources

63.6000 How do I conduct tests and procedures for puncture sealant 
          application affected sources?
63.6001 What are my monitoring installation, operation, and maintenance 
          requirements?
63.6002 How do I demonstrate initial compliance with the emission limits 
          for puncture sealant application affected sources?

 Continuous Compliance Requirements for Tire Production Affected Sources

63.6003 How do I monitor and collect data to demonstrate continuous 
          compliance with the emission limits for tire production 
          affected sources?
63.6004 How do I demonstrate continuous compliance with the emission 
          limits for tire production affected sources?

  Continuous Compliance Requirements for Tire Cord Production Affected 
                                 Sources

63.6005 How do I monitor and collect data to demonstrate continuous 
          compliance with the emission limits for tire cord production 
          affected sources?
63.6006 How do I demonstrate continuous compliance with the emission 
          limits for tire cord production affected sources?

  Continuous Compliance Requirements for Puncture Sealant Application 
                            Affected Sources

63.6007 How do I monitor and collect data to demonstrate continuous 
          compliance with the emission limitations for puncture sealant 
          application affected sources?
63.6008 How do I demonstrate continuous compliance with the emission 
          limitations for puncture sealant application affected sources?

                   Notifications, Reports, and Records

63.6009 What notifications must I submit and when?
63.6010 What reports must I submit and when?
63.6011 What records must I keep?
63.6012 In what form and how long must I keep my records?

                   Other Requirements and Information

63.6013 What parts of the General Provisions apply to me?
63.6014 Who implements and enforces this subpart?
63.6015 What definitions apply to this subpart?

Table 1 to Subpart XXXX of Part 63--Emission Limits for Tire Production 
          Affected Sources
Table 2 to Subpart XXXX of Part 63--Emission Limits for Tire Cord 
          Production Affected Sources
Table 3 to Subpart XXXX of Part 63--Emission Limits for Puncture Sealant 
          Application Affected Sources
Table 4 to Subpart XXXX of Part 63--Operating Limits for Puncture 
          Sealant Application Control Devices
Table 5 to Subpart XXXX of Part 63--Requirements for Performance Tests
Table 6 to Subpart XXXX of Part 63--Initial Compliance with the Emission 
          Limits for Tire Production Affected Sources
Table 7 to Subpart XXXX of Part 63--Initial Compliance with the Emission 
          Limits for Tire Cord Production Affected Sources
Table 8 to Subpart XXXX of Part 63--Initial Compliance with the Emission 
          Limits for Puncture Sealant Application Affected Sources
Table 9 to Subpart XXXX of Part 63--Minimum Data for Continuous 
          Compliance with the Emission Limits for Tire Production 
          Affected Sources
Table 10 to Subpart XXXX of Part 63--Continuous Compliance with the 
          Emission Limits for Tire Production Affected Sources
Table 11 to Subpart XXXX of Part 63--Minimum Data for Continuous 
          Compliance with the Emission Limits for Tire Cord Production 
          Affected Sources
Table 12 to Subpart XXXX of Part 63--Continuous Compliance with the 
          Emission Limits for Tire Cord Production Affected Sources

[[Page 27]]

Table 13 to Subpart XXXX of Part 63--Minimum Data for Continuous 
          Compliance with the Emission Limitations for Puncture Sealant 
          Application Affected Sources
Table 14 to Subpart XXXX of Part 63--Continuous Compliance with the 
          Emission Limitations for Puncture Sealant Application Affected 
          Sources
Table 15 to Subpart XXXX of Part 63--Requirements for Reports
Table 16 to Subpart XXXX of Part 63--Selected Hazardous Air Pollutants
Table 17 to Subpart XXXX of Part 63--Applicability of General Provisions 
          to This Subpart XXXX

 Subpart YYYY_National Emission Standards for Hazardous Air Pollutants 
                   for Stationary Combustion Turbines

                        What This Subpart Covers

63.6080 What is the purpose of subpart YYYY?
63.6085 Am I subject to this subpart?
63.6090 What parts of my plant does this subpart cover?
63.6092 Are duct burners and waste heat recovery units covered by 
          subpart YYYY?
63.6095 When do I have to comply with this subpart?

                   Emission and Operating Limitations

63.6100 What emission and operating limitations must I meet?

                     General Compliance Requirements

63.6105 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.6110 By what date must I conduct the initial performance tests or 
          other initial compliance demonstrations?
63.6115 When must I conduct subsequent performance tests?
63.6120 What performance tests and other procedures must I use?
63.6125 What are my monitor installation, operation, and maintenance 
          requirements?
63.6130 How do I demonstrate initial compliance with the emission and 
          operating limitations?

                   Continuous Compliance Requirements

63.6135 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.6140 How do I demonstrate continuous compliance with the emission and 
          operating limitations?

                   Notifications, Reports, and Records

63.6145 What notifications must I submit and when?
63.6150 What reports must I submit and when?
63.6155 What records must I keep?
63.6160 In what form and how long must I keep my records?

                   Other Requirements and Information

63.6165 What parts of the General Provisions apply to me?
63.6170 Who implements and enforces this subpart?
63.6175 What definitions apply to this subpart?

Table 1 to Subpart YYYY of Part 63--Emission Limitations
Table 2 to Subpart YYYY of Part 63--Operating Limitations
Table 3 to Subpart YYYY of Part 63--Requirements for Performance Tests 
          and Initial Compliance Demonstrations
Table 4 to Subpart YYYY of Part 63--Initial Compliance with Emission 
          Limitations
Table 5 to Subpart YYYY of Part 63--Continuous Compliance with Operating 
          Limitations
Table 6 to Subpart YYYY of Part 63--Requirements for Reports
Table 7 to Subpart YYYY of Part 63--Applicability of General Provisions 
          to Subpart YYYY

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

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



Subpart QQQ_National Emission Standards for Hazardous Air Pollutants for 
                         Primary Copper Smelting

    Source: 67 FR 40491, June 12, 2002, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.1440  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for primary copper smelters. 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.

[[Page 28]]



Sec. 63.1441  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a primary 
copper smelter that is (or is part of) a major source of hazardous air 
pollutant (HAP) emissions and your primary copper smelter uses batch 
copper converters as defined in Sec. 63.1459. Your primary copper 
smelter is a major source of HAP if it emits or has the potential to 
emit any single HAP at the rate of 10 tons or more per year or any 
combination of HAP at a rate of 25 tons or more per year.

[85 FR 73900, Nov. 19, 2020]



Sec. 63.1442  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new and existing affected source at 
your primary copper smelter. The affected sources are each copper 
concentrate dryer, each smelting furnace, each slag cleaning vessel, 
each copper converter department, and the entire group of fugitive 
emission sources, as defined in Sec. 63.1459.
    (b) An affected source at your primary copper smelter is existing if 
you commenced construction or reconstruction of the affected source 
before April 20, 1998.
    (c) An affected source at your primary copper smelter is new if you 
commenced construction or reconstruction of the affected source on or 
after April 20, 1998. An affected source is reconstructed if it meets 
the definition of ``reconstruction'' in Sec. 63.2.



Sec. 63.1443  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 June 13, 2005.
    (b) If you have a new affected source and its initial startup date 
is on or before June 12, 2002, you must comply with each emission 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you by June 12, 2002.
    (c) If you have a new affected source and its initial startup date 
is after June 12, 2002, 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 primary copper smelter is an area source that becomes a 
major source of HAP, the compliance dates listed in paragraphs (d)(1) 
and (2) of this section apply to you.
    (1) Any portion of the existing primary copper smelter that is a new 
affected source or a new reconstructed source must be in compliance with 
this subpart upon startup.
    (2) All other parts of the primary copper smelter must be in 
compliance with this subpart no later than 3 years after it becomes a 
major source.
    (e) You must meet the notification and schedule requirements in 
Sec. 63.1454. Several of these notifications must be submitted before 
the compliance date for your affected source.

            Emission Limitations and Work Practice Standards



Sec. 63.1444  What emissions limitations and work practice standards
must I meet for my copper concentrate dryers, smelting furnaces,
slag cleaning vessels, 
          and copper converter departments?

    (a) Copper concentrate dryers. For each copper concentrate dryer, 
you must comply with the emission limitation in paragraph (a)(1) or (2) 
of this section that applies to you.
    (1) For each existing copper concentrate dryer, you must not cause 
to be discharged to the atmosphere from the dryer vent any gases that 
contain total particulate matter in excess of 50 milligrams per dry 
standard cubic meter (mg/dscm) as measured using the test methods 
specified in Sec. 63.1450(a).
    (2) For each new copper concentrate dryer, you must not cause to be 
discharged to the atmosphere from the dryer vent any gases that contain 
total particulate matter in excess of 23 mg/dscm as measured using the 
test methods specified in Sec. 63.1450(a).
    (b) Smelting furnaces. For each smelting furnace, you must comply 
with the emission limitations and work practice standards in paragraphs 
(b)(1) and (2) of this section.

[[Page 29]]

    (1) For each smelting furnace, you must not cause to be discharged 
to the atmosphere any process off-gas that contains nonsulfuric acid 
particulate matter in excess of 6.2 mg/dscm as measured using the test 
methods specified in Sec. 63.1450(b). Process off-gas from a smelting 
furnace is generated when copper ore concentrates and fluxes are being 
smelted to form molten copper matte and slag layers.
    (2) For each smelting furnace, you must control the process fugitive 
emissions released when tapping copper matte or slag from the smelting 
furnace according to paragraphs (b)(2)(i) and (ii) of this section.
    (i) At all times when copper matte or slag is tapped from the 
smelting furnace, you must operate a capture system that collects the 
gases and fumes released from the tapping port in use. The design and 
placement of this capture system must be such that the tapping port 
opening, launder, and receiving vessel (e.g., ladle, slag pot) are 
positioned within the confines or influence of the capture system's 
ventilation draft during those times when the copper matte or slag is 
flowing from the tapping port opening.
    (ii) You must not cause to be discharged to the atmosphere from the 
capture system used to comply with paragraph (b)(2)(i) of this section 
any gases that contain total particulate matter in excess of 23 mg/dscm 
as measured using the test methods specified in Sec. 63.1450(a).
    (c) Slag cleaning vessels. For each slag cleaning vessel, you must 
comply with the emission limitations and work practice standards in 
paragraphs (c)(1) through (3) of this section that apply to you.
    (1) For each slag cleaning vessel, except as provided for in 
paragraph (c)(2) of this section, you must not cause to be discharged to 
the atmosphere any process off-gas that contains nonsulfuric acid 
particulate matter in excess of 6.2 mg/dscm as measured using the test 
methods specified in Sec. 63.1450(b).
    (2) As an alternative to complying with the emission limit for 
nonsulfuric acid particulate matter in paragraph (c)(1) of this section, 
for each existing slag cleaning vessel you may choose to comply with the 
emission limit for total particulate matter specified in this paragraph 
(c)(2). You must not cause to be discharged to the atmosphere any 
process off-gas that contains total particulate matter in excess of 46 
mg/dscm as measured using the test methods specified in Sec. 
63.1450(a).
    (3) For each slag cleaning vessel, you must control process fugitive 
emissions released when tapping copper matte or slag from the slag 
cleaning vessel according to paragraphs (c)(3)(i) and (ii) of this 
section.
    (i) At all times when copper matte or slag is tapped from the slag 
cleaning vessel, you must operate a capture system that collects the 
gases and fumes released from the tapping port in use. The design and 
placement of this capture system must be such that the tapping port 
opening, launder, and receiving vessel (e.g., ladle, slag pot) are 
positioned within the confines or influence of the capture system's 
ventilation draft during those times when the copper matte or slag is 
flowing from the tapping port opening.
    (ii) You must not cause to be discharged to the atmosphere from the 
capture system used to comply with paragraph (c)(3)(i) of this section 
any gases that contain total particulate matter in excess of 23 mg/dscm 
as measured using the test methods specified in Sec. 63.1450(a).
    (d) Existing copper converter departments. For each existing copper 
converter department, you must comply with the emission limitations and 
work practice standards in paragraphs (d)(1) through (6) of this section 
that apply to you.
    (1) You must operate a capture system that collects the process off 
gas vented from each batch copper converter. At all times when one or 
more batch copper converters are blowing, you must operate the capture 
system according to the written operation and maintenance plan that has 
been prepared according to the requirements in Sec. 63.1447(b).
    (2) If your copper converter department uses Pierce-Smith 
converters, the capture system design must include use of a primary hood 
that covers the entire mouth of the converter vessel when the copper 
converter is positioned for blowing. Additional hoods

[[Page 30]]

(e.g., secondary hoods) or other capture devices must be included in the 
capture system design as needed to achieve the opacity limit in 
paragraph (d)(4) of this section. The capture system design may use 
multiple intake and duct segments through which the ventilation rates 
are controlled independently of each other, and individual duct segments 
may be connected to separate control devices.
    (3) If your copper converter department uses Hoboken converters, the 
capture system must collect all process off-gas vented during blowing 
through the side-flue intake on each converter vessel.
    (4) You must operate the capture system such that any visible 
emissions exiting the roof monitors or roof exhaust fans on the building 
housing the copper converter department meet the opacity limit as 
specified in paragraphs (d)(4)(i) and (ii) of this section.
    (i) The opacity of any visible emissions exiting the roof monitors 
or roof exhaust fans on the building housing the copper converter 
department must not exceed 4 percent as determined by a performance test 
conducted according to Sec. 63.1450(c).
    (ii) The opacity limit in paragraph (d)(4)(i) of this section 
applies only at those times when a performance test is conducted 
according to Sec. 63.1450(c). The requirements for compliance with 
opacity and visible emission standards specified in Sec. 63.6(h) do not 
apply to this opacity limit.
    (5) You must not cause to be discharged to the atmosphere from any 
Pierce-Smith converter primary hood capture system or Hoboken converter 
side-flue intake capture system any process off-gas that contains 
nonsulfuric acid particulate matter in excess of 6.2 mg/dscm as measured 
using the test methods specified in Sec. 63.1450(b).
    (6) You must not cause to be discharged to the atmosphere from any 
secondary capture system any gases that contain total particulate matter 
in excess of 23 mg/dscm as measured using the test methods specified in 
Sec. 63.1450(a).
    (e) New copper converter departments. For each new copper converter 
department for which construction commenced on or after April 20, 1998, 
the use of batch copper converters is prohibited.
    (f) Baghouses. For each baghouse applied to meet any total 
particulate matter emission limit in paragraphs (a) through (d) of this 
section, you must operate the baghouse such that the bag leak detection 
system does not alarm for more than 5 percent of the total operating 
time in any semiannual reporting period.
    (g) Venturi wet scrubbers. For each venturi wet scrubber applied to 
meet any total particulate matter emission limit in paragraphs (a) 
through (d) of this section, you must maintain the hourly average 
pressure drop and scrubber water flow rate at or above the minimum 
levels established during the initial or subsequent performance test.
    (h) Other control devices. For each control device other than a 
baghouse or venturi wet scrubber applied to meet any total particulate 
matter emission limit in paragraphs (a) through (d) of this section, you 
must operate the control device as specified in paragraphs (h)(1) and 
(2) of this section.
    (1) You must select one or more operating parameters, as appropriate 
for the control device design, that can be used as representative and 
reliable indicators of the control device operation.
    (2) You must maintain the hourly average value for each of the 
selected parameters at or above the minimum level or at or below the 
maximum level, as appropriate for the selected parameter, established 
during the initial or subsequent performance test.



Sec. 63.1445  What work practice standards must I meet for
my fugitive dust sources?

    (a) You must control particulate matter emissions from fugitive dust 
sources at your primary copper smelter by operating according to a 
written fugitive dust control plan that has been approved by the 
designated authority. For the purpose of complying with this paragraph 
(a) you may use an existing fugitive dust control plan provided that the 
plan complies with the requirements of this section. A fugitive dust 
control plan is considered to be

[[Page 31]]

approved if the plan has been incorporated in your applicable State 
implementation plan, and the document addresses the fugitive dust 
sources specified in paragraph (b) of this section and includes the 
information specified in paragraph (c) of this section.
    (b) Your fugitive dust control plan must address each of the 
fugitive dust emission sources listed in paragraphs (b)(1) through (6) 
of this section that are located at your primary copper smelter.
    (1) On-site roadways used by trucks or other motor vehicles (e.g., 
front-end loaders) when transporting bulk quantities of fugitive dust 
materials. Paved roads and parking areas that are not used by these 
vehicles do not need to be included in the plan (e.g., employee and 
visitor parking lots).
    (2) Unloading of fugitive dust materials from trucks or railcars.
    (3) Outdoor piles used for storage of fugitive dust materials.
    (4) Bedding areas used for blending copper concentrate and other 
feed constituents.
    (5) Each transfer point in conveying systems used to transport 
fugitive dust materials. These points include, but are not limited to, 
transfer of material from one conveyor belt to another and transfer of 
material to a hopper or bin.
    (6) Other site-specific sources of fugitive dust emissions that the 
Administrator or delegated permitting authority designate to be included 
in your fugitive dust control plan.
    (c) Your fugitive dust control plan must describe the control 
measures you use to control fugitive dust emissions from each source 
addressed in the plan, as applicable and appropriate for your site 
conditions. Examples of control measures include, but are not limited 
to, locating the source inside a building or other enclosure, installing 
and operating a local hood capture system over the source and venting 
the captured gas stream to a control device, placing material stockpiles 
below grade, installing wind screens or wind fences around the source, 
spraying water on the source as weather conditions require, applying 
appropriate dust suppression agents on the source, or combinations of 
these control measures.
    (d) The requirement for you to operate according to a written 
fugitive dust control plan must be incorporated in your operating permit 
that is issued by the designated permitting authority under part 70 of 
this chapter. A copy of your fugitive dust control plan must be sent to 
the designated permitting authority on or before the compliance date for 
your primary copper smelter, as specified in Sec. 63.1443.



Sec. 63.1446  What alternative emission limitation may I meet
for my combined gas streams?

    (a) For situations where you combine gas streams from two or more 
affected sources for discharge to the atmosphere through a single vent, 
you may choose to meet the requirements in paragraph (b) of this section 
as an alternative to complying with the individual total particulate 
matter emission limits specified in Sec. 63.1444 that apply to you. 
This alternative emission limit for a combined gas stream may be used 
for any combination of the affected source gas steams specified in 
paragraphs (a)(1) through (5) of this section.
    (1) Gas stream discharged from a copper concentrate dryer vent that 
would otherwise be subject to Sec. 63.1444(a)(1) or (2);
    (2) Gas stream discharged from a smelting furnace capture system 
that would otherwise be subject to Sec. 63.1444(b)(2)(ii);
    (3) Process off-gas stream discharged from a slag cleaning vessel 
that would otherwise be subject to Sec. 63.1444(c)(2);
    (4) Gas stream discharged from a slag cleaning vessel capture system 
that would otherwise be subject to Sec. 63.1444(c)(3)(ii); and
    (5) Gas stream discharged from a batch copper converter secondary 
capture system that would otherwise be subject to Sec. 63.1444(d)(5).
    (b) You must meet the requirements specified in paragraphs (b)(1) 
and (2) of this section for the combined gas stream discharged through a 
single vent.
    (1) For each combined gas stream discharged through a single vent, 
you must not cause to be discharged to the atmosphere any gases that 
contain total particulate matter in excess of

[[Page 32]]

the emission limit calculated using the procedure in paragraph (b)(2) of 
this section and measured using the test methods specified in Sec. 
63.1450(a).
    (2) You must calculate the alternative total particulate matter 
emission limit for your combined gas stream using Equation 1 of this 
section. The volumetric flow rate value for each of the individual 
affected source gas streams that you use for Equation 1 (i.e., the flow 
rate of the gas stream discharged from the affected source but before 
this gas stream is combined with the other gas streams) is to be the 
average of the volumetric flow rates measured using the test method 
specified in Sec. 63.1450(a)(1)(ii):
[GRAPHIC] [TIFF OMITTED] TR12JN02.025

Where

EAlt = Alternative total particulate matter emission limit 
          for the combined gas stream discharged to atmosphere through a 
          single vent (mg/dscm);
Ed = Total particulate matter emission limit applicable to 
          copper concentrate dryer as specified in Sec. 63.1444(a)(1) 
          or (2) (mg/dscm);
Qd = Copper concentrate dryer exhaust gas stream volumetric 
          flow rate before being combined with other gas streams (dscm);
Esv = Total particulate matter emission limit for smelting 
          furnace capture system as specified in Sec. 63.1444(b)(2)(ii) 
          (mg/dscm);
Qsv = Smelting furnace capture system exhaust gas stream 
          volumetric flow rate before being combined with other gas 
          streams (dscm);
Escvp = Total particulate matter emission limit for slag 
          cleaning vessel process off-gas as specified in Sec. 
          63.1444(c)(2) (mg/dscm);
Qscvp = Slag cleaning vessel process off-gas volumetric flow 
          rate before being combined with other gas streams (dscm);
Escvf = Total particulate matter emission limit for slag 
          cleaning vessel capture system as specified in Sec. 
          63.1444(c)(3)(ii) (mg/dscm);
Qscvf = Slag cleaning vessel capture system exhaust gas 
          stream volumetric flow rate before being combined with other 
          gas streams (dscm);
Ecc = Total particulate emission limit for the batch copper 
          converter secondary capture system as specified in Sec. 
          63.1544(d)(5) (mg/dscm); and
Qcc = Batch copper converter capture system exhaust gas 
          stream volumetric flow rate before being combined with other 
          gas streams (dscm).

    (c) For each baghouse applied to meet any total particulate matter 
emission limit in paragraph (b) of this section, you must operate the 
baghouse such that the bag leak detection system does not alarm for more 
than 5 percent of the total operating time in any semiannual reporting 
period.
    (d) For each venturi wet scrubber applied to meet any total 
particulate matter emission limit in paragraph (b) of this section, you 
must maintain the hourly average pressure drop and scrubber water flow 
rate at or above the minimum levels established during the initial or 
subsequent performance test.
    (e) For each control device other than a baghouse or venturi wet 
scrubber applied to meet any total particulate matter emission limit in 
paragraph (b) of this section, you must operate the control device as 
specified in paragraphs (e)(1) and (2) of this section.
    (1) You must select one or more operating parameters, as appropriate 
for the control device design, that can be used as representative and 
reliable indicators of the control device operation.
    (2) You must maintain the hourly average value for each of the 
selected parameters at or above the minimum level or at or below the 
maximum level, as appropriate for the selected parameter, established 
during the initial or subsequent performance test.

                 Operation and Maintenance Requirements



Sec. 63.1447  What are my operation and maintenance requirements?

    (a) As required by Sec. 63.6(e)(1)(i), you must always operate and 
maintain

[[Page 33]]

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 each capture system and control 
device subject to standards in Sec. 63.1444 or Sec. 63.1446. The plan 
must address the requirements in paragraphs (b)(1) through (3) of this 
section as applicable to the capture system or control device.
    (1) Preventative maintenance. You must perform preventative 
maintenance for each capture system and control device according to 
written procedures specified in your operation and maintenance plan. The 
procedures must include a preventative maintenance schedule that is 
consistent with the manufacturer's instructions for routine and long-
term maintenance.
    (2) Capture system inspections. You must conduct monthly inspections 
of the equipment components of the capture system that can affect the 
performance of the system to collect the gases and fumes emitted from 
the affected source (e.g., hoods, exposed ductwork, dampers, fans) 
according to written procedures specified in your operation and 
maintenance plan. The inspection procedure must include the requirements 
in paragraphs (b)(2)(i) through (iii) of this section as applicable to 
the capture system or control device.
    (i) Observations of the physical appearance of the equipment to 
confirm the physical integrity of the equipment (e.g., verify by visual 
inspection no holes in ductwork or hoods, no flow constrictions caused 
by dents, or accumulated dust in ductwork).
    (ii) Inspection, and if necessary testing, of equipment components 
to confirm that the component is operating as intended (e.g., verify by 
appropriate measures that flow or pressure sensors, damper plates, 
automated damper switches and motors are operating according to 
manufacture or engineering design specifications).
    (iii) In the event that a defective or damaged component is detected 
during an inspection, you must initiate corrective action according to 
written procedures specified in your operation and maintenance plan to 
correct the defect or deficiency as soon as practicable.
    (3) Copper converter department capture system operating limits. You 
must establish, according to the requirements in paragraph (b)(3)(i) 
through (iii) of this section, operating limits for the capture system 
that are representative and reliable indicators of the performance of 
capture system when it is used to collect the process off-gas vented 
from batch copper converters during blowing.
    (i) Select operating limit parameters appropriate for the capture 
system design that are representative and reliable indicators of the 
performance of the capture system when it is used to collect the process 
off-gas vented from batch copper converters during blowing. 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 the process 
off-gas from the batch copper converters during blowing. 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 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 relative to the fully open setting.
    (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 batch copper 
converter blowing. If your blister copper production operations allow 
for more than one batch copper converter to be operating simultaneously 
in the blowing mode, designate the value or setting for the parameter at 
which the capture system operates during each possible batch copper 
converter blowing configuration that you may operate at your smelter 
(i.e., the operating limits with one converter blowing, with two 
converters blowing,

[[Page 34]]

with three converters blowing, as applicable to your smelter).
    (iii) Include documentation in the 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 operation during blister copper 
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 in Sec. 
63.1452(a), and the data used to set the value or setting for the 
parameter for each of your batch copper converter configurations.
    (4) Baghouse leak detection corrective actions. In the event a bag 
leak detection system alarm is triggered, you must initiate corrective 
action according to written procedures specified in your operation and 
maintenance plan 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, the activities listed in paragraphs (b)(3)(i) through (vi) 
of this section.
    (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.

                     General Compliance Requirements



Sec. 63.1448  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. 63.1443, 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).

[57 FR 61992, Dec. 29, 1992, as amended at 71 FR 20461, Apr. 20, 2006]

                     Initial Compliance Requirements



Sec. 63.1449  By what dates 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 within 180 calendar days of the compliance date that is specified 
in Sec. 63.1443 for your affected source to demonstrate initial 
compliance with each emission and opacity limit in Sec. Sec. 63.1443 
and 63.1446 that applies to you.
    (b) For each work practice standard and 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. 
63.1443.



Sec. 63.1450  What test methods and other procedures must I use
to demonstrate initial compliance with the emission limitations?

    (a) Total particulate matter emission limits. You must conduct each 
performance test to determine compliance with the total particulate 
matter emission limits in Sec. 63.1444 or Sec. 63.1446 that apply to 
you according to the requirements for representative test conditions 
specified in Sec. 63.7(e)(1) and using the test methods and procedures 
in paragraphs (a)(1) through (5) of this section.

[[Page 35]]

    (1) Determine the concentration of total particulate matter 
according to the test methods in appendix A to part 60 of this chapter 
as specified in paragraphs (a)(1)(i) through (iii) of this section.
    (i) Method 1 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) 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, 5D, or 17, as applicable, to determine the 
concentration of total particulate matter. You can also use ASTM D4536-
96 incorporated by reference in Sec. 63.14 as an alternative to the 
sampling equipment and operating procedures in Method 5 or 17 when 
testing a positive pressure baghouse, but you must use the sample 
traverse location and number of sampling points described in Method 5D.
    (2) As an alternative to using the applicable method specified in 
paragraph (a)(1)(v) of this section, you may determine total particulate 
matter emissions from the control device using Method 29 in appendix A 
of part 60 of this chapter provided that you follow the procedures and 
precautions prescribed in Method 29. If the control device is a positive 
pressure baghouse, you must also follow the measurement procedure 
specified in sections 4.1 through 4.3 of Method 5D.
    (3) You must conduct three separate test runs for each performance 
test. Each test run must have a minimum sampling time of 60 minutes and 
a minimum sampling volume of 0.85 dscm. For the purpose of determining 
compliance with the applicable total particulate matter emission limit, 
the arithmetic mean of the results for the three separate test runs is 
used.
    (4) For a venturi wet scrubber applied to emissions from an affected 
source and subject to operating limits in Sec. 63.1444(g) or Sec. 
63.1446(d) for pressure drop and scrubber water flow rate, you must 
establish site-specific operating limits according to the procedures in 
paragraph (a)(4)(i) and (ii) of this section.
    (i) Using the continuous parameter monitoring system (CPMS) required 
in Sec. 63.1452, measure and record the pressure drop and scrubber 
water flow rate during each run of the particulate matter performance 
test.
    (ii) 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.
    (5) For a control device other than a baghouse or venturi wet 
scrubber applied to emissions from an affected source and subject to 
site-specific operating limit(s) in Sec. 63.1444(h) or Sec. 63.1446(e) 
for appropriate, site-specific operating parameters that are 
representative and reliable indicators of the control device 
performance, you must establish a site-specific operating limit(s) 
according to the procedures in paragraph (a)(5)(i) through (iv) of this 
section.
    (i) Select one or more operating parameters, as appropriate for the 
control device design, that can be used as representative and reliable 
indicators of the control device operation.
    (ii) Using the CPMS required in Sec. 63.1452, measure and record 
the selected operating parameters for the control device during each run 
of the total particulate matter performance test.
    (iii) Compute and record the hourly average value for each of the 
selected operating parameters for each individual test run. Your 
operating limits are the lowest value or the highest value, as 
appropriate for the selected operating parameter, measured in any of the 
three runs that meet the applicable emission limit.
    (iv) You must prepare written documentation to support your 
selection of the operating parameters used for the control device. This 
documentation must include a description of each selected parameter, a 
rationale for why you chose the parameter, a description

[[Page 36]]

of the method used to monitor the parameter, and the data recorded 
during the performance test and used to set the operating limit(s).
    (b) Nonsulfuric acid particulate matter emission limits. You must 
conduct each performance test to determine compliance with the 
nonsulfuric acid particulate matter emission limits in Sec. 63.1444 
that apply to you according to the requirements for representative test 
conditions specified in Sec. 63.7(e)(1) and using the test methods and 
procedures in paragraphs (b)(1) and (2) of this section.
    (1) Determine the concentration of nonsulfuric acid particulate 
matter according to the test methods in appendix A to part 60 of this 
chapter as specified in paragraphs (b)(1)(i) through (v) of this 
section.
    (i) Method 1 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) 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 5B to determine the nonsulfuric acid particulate matter 
emissions.
    (2) You must conduct three separate test runs for each performance 
test. Each test run must have a minimum sampling time of 240 minutes and 
a minimum sampling volume of 3.4 dscm. For the purpose of determining 
compliance with the nonsulfuric acid particulate matter emission limit, 
the arithmetic mean of the results for the three separate test runs is 
used.
    (c) Copper converter department capture system opacity limit. You 
must conduct each performance test to determine compliance with the 
opacity limit in Sec. 63.1444 using the test methods and procedures in 
paragraphs (c)(1) through (9) of this section.
    (1) You must conduct the performance test during the period when the 
primary copper smelter is operating under conditions representative of 
the smelter's normal blister copper production rate. You may not conduct 
a performance test during periods of startup, shutdown, or malfunction. 
Before conducting the performance test, you must prepare a written test 
plan specifying the copper production conditions to be maintained 
throughout the opacity observation period and including a copy of the 
written documentation you have prepared according to paragraph (a)(3) of 
this section to support the established operating limits for the copper 
converter department capture system. You must submit a copy of the test 
plan for review and approval by the Administrator or delegated 
authority. During the observation period, you must collect appropriate 
process information and copper converter department capture system 
operating information to prepare documentation sufficient to verify that 
all opacity observations were made during the copper production and 
capture system operating conditions specified in the approved test plan.
    (2) You must notify the Administrator or delegated authority before 
conducting the opacity observations to allow the Administrator or 
delegated authority the opportunity to have authorized representatives 
attend the test. Written notification of the location and scheduled date 
for conducting the opacity observations must be received by the 
Administrator on or before 30 calendar days before this scheduled date.
    (3) You must gather the data needed for determining compliance with 
the opacity limit using qualified visible emission observers and process 
monitors as described in paragraphs (c)(3)(i) and (ii) of this section.
    (i) Opacity observations must be performed by a sufficient number of 
qualified visible emission observers to obtain two complete concurrent 
sets of opacity readings for the required observation period. Each 
visible emission observer must be certified as a qualified observer by 
the procedure specified in section 3 of Method 9 in appendix A of part 
60 of this chapter. The entire set of readings during the required 
observation period does not need to be made by the same two observers. 
More than two observers may be used to allow for substitutions and 
provide for

[[Page 37]]

observer rest breaks. The owner or operator must obtain proof of current 
visible emission reading certification for each observer.
    (ii) A person (or persons) familiar with the copper production 
operations conducted at the smelter must serve as the indoor process 
monitor. The indoor process monitor is stationed at a location inside 
the building housing the batch copper converters such that he or she can 
visually observe and record operations that occur in the batch copper 
converter aisle during the times that the visible emission observers are 
making opacity readings. More than one indoor process monitor may be 
used to allow for substitutions and provide for rest breaks.
    (4) You must make all opacity observations using Method 9 in 
appendix A to part 60 of this chapter and following the procedures 
described in paragraphs (c)(4)(i) and (ii) of this section.
    (i) Each visible emission observer must make his or her readings at 
a position from the outside of the building that houses the copper 
converter department such that the observer's line-of-sight is 
approximately perpendicular to the longer axis of the converter 
building, and the observer has an unobstructed view of the building roof 
monitor sections or roof exhaust fan outlets that are positioned over 
each of the batch copper converters inside the building. Opacity 
readings can only be made during those times when the observer's 
position meets the sun orientation and other conditions specified in 
section 2.1 of Method 9.
    (ii) At 15-second intervals, each visible emission observer views 
the building roof monitor sections or roof exhaust fan outlets that are 
positioned over each of the batch copper converters inside the building 
and reads the opacity of the visible plumes. If no plume is visible, the 
observer records zero as the opacity value for the 15-second interval. 
In situations when it is possible for an observer to distinguish two or 
more visible emission plumes from the building roof monitor sections or 
roof exhaust fan outlets, the observer must identify, to the extent 
feasible, the plume having the highest opacity and record his or her 
opacity reading for that plume as the opacity value for the 15-second 
interval.
    (5) You must make opacity observations for a period of sufficient 
duration to obtain a minimum of 120 1-minute intervals during which at 
least one copper converter is blowing and no interferences have occurred 
from other copper production events, as specified in paragraph (c)(7) of 
this section, which generate visible emissions inside the building that 
potentially can interfere with the visible emissions from the converter 
capture systems as seen by the outside observers. To obtain the required 
number of 1-minute intervals, the observation period may be divided into 
two or more segments performed on the same day or on different days if 
conditions prevent the required number of opacity readings from being 
obtained during one continuous time period. Examples of these conditions 
include, but are not limited to, changes in the sun's orientation 
relative to visible emission observers' positions such that the Method 9 
conditions are no longer met or an unexpected thunder storm. If the 
total observation period is divided into two or more segments, all 
opacity observations must be made during the same set of copper 
production conditions described in your approved test plan as required 
by paragraph (c)(1) of this section.
    (6) You must gather indoor process information during all times that 
the visible emission observers are making opacity readings outside the 
building housing the copper converter department. The indoor process 
monitor must continually observe the operations occurring in the copper 
converter department and prepare a written record of his or her 
observations using the procedure specified in paragraphs (c)(6)(i) 
through (iv) of this section.
    (i) At the beginning of each observation period or segment, the 
clock time setting on the watch or clock to be used by the indoor 
process monitor must be synchronized with the clock time settings for 
the timepieces to be used by the outdoor opacity observers.
    (ii) During each period or segment when opacity readings are being 
made by the visible emission observers, the indoor process monitor must 
continuously observe the operations occurring

[[Page 38]]

in the copper converter department and record his or her observations in 
a log book, on data sheets, or other type of permanent written format.
    (iii) When a batch copper converter is blowing, a record must be 
prepared for the converter that includes, but is not limited to, the 
clock times for when blowing begins and when blowing ends and the 
converter blowing rate. This information may be recorded by the indoor 
process monitor or by a separate, automated computer data system.
    (iv) The process monitor must record each event other than converter 
blowing that occurs in or nearby the converter aisle that he or she 
observes to generate visible emissions inside the building. The recorded 
entry for each event must include, but is not limited to, a description 
of the event and the clock times when the event begins and when the 
event ends.
    (7) You must prepare a summary of the data for the entire 
observation period using the information recorded during the observation 
period by the outdoor visible emission observers and the indoor process 
monitor and the procedure specified in paragraphs (c)(7)(i) through (iv) 
of this section.
    (i) Using the field data sheets, identify the 1-minute clock times 
for which a total of eight opacity readings were made and recorded by 
both observers at 15-second intervals according to the test procedures 
(i.e., a total of four opacity values have been recorded for the 1-
minute interval by each of the two observers). Calculate the average of 
the eight 15-second interval readings recorded on the field data sheets 
by the two observers during the clock time minute interval (add the four 
consecutive 15-second interval opacity readings made by Observer A 
during the specified clock time minute, plus the four consecutive 15-
second interval opacity readings made by Observer B during the same 
clock time minute, and divide the resulting total by eight). Record the 
clock time and the opacity average for the 1-minute interval on a data 
summary sheet. Figure 1 of this subpart shows an example of the format 
for the data summary sheet you may use, but are not required to use.
    (ii) Using the data summary sheets prepared according to paragraph 
(c)(7)(i) of this section and the process information recorded according 
to paragraph (c)(6)(iii) of this section, identify those 1-minute 
intervals for which at least one of the batch copper converters was 
blowing.
    (iii) Using the data summary sheets prepared according to paragraph 
(c)(7)(ii) of this section and the process information recorded 
according to paragraph (c)(6)(iv) of this section, identify the 1-minute 
intervals during which at least one copper converter was blowing but 
none of the interference events listed in paragraphs (c)(7)(iii)(A) 
through (F) of this section occurred. Other ancillary activities not 
listed but conducted in or adjacent to the converter aisle during the 
opacity observations are not considered to be interference events (e.g., 
converter aisle cleaning, placement of smoking ladles or skulls on the 
converter aisle floor).
    (A) Charging of copper matte, reverts, or other materials to a batch 
copper converter;
    (B) Skimming slag or other molten materials from a batch copper 
converter;
    (C) Pouring of blister copper or other molten materials from a batch 
copper converter;
    (D) Return of slag or other molten materials to the flash smelting 
furnace or slag cleaning vessel;
    (E) Roll-out or roll-in of the batch copper converter; or
    (F) Smoke and fumes generated inside the converter building by 
operation of the smelting furnace, the slag cleaning vessel (if used), 
anode refining and casting processes that drift into the copper 
converter department.
    (iv) Using the data summary sheets prepared according to paragraph 
(c)(7)(iii) of this section, up to five 1-minute intervals following an 
interference event may be eliminated from data used for the compliance 
determination calculation specified in paragraph (c)(8) of this section 
by applying a time delay factor. The time delay factor must be a 
constant number of minutes not to exceed 5 minutes that is added to the 
clock time recorded when cessation of the interference event occurs. The 
same time delay factor must be used for all interference events (i.e.,

[[Page 39]]

a constant time delay factor for the smelter of 1 minute, 2 minutes, 3 
minutes, 4 minutes, or 5 minutes). The number of minutes to be used for 
the time delay factor is determined based on the site-specific equipment 
and converter building configuration. An explanation of the rationale 
for selecting the value used for the time delay factor must be prepared 
and included in the test report.
    (8) You must use the data summary prepared in paragraph (c)(7) of 
this section to calculate the average opacity value for a minimum of 120 
1-minute intervals during which at least one copper converter was 
blowing with no interference events as determined according to 
paragraphs (c)(7)(iii) and (iv) of this section. Average opacity is 
calculated using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR12JN02.026

Where

VEave = Average opacity to be used for compliance 
          determination (percent);
n = Total number of 1-minute intervals during which at least one copper 
          converter was blowing with no interference events as 
          determined according to paragraphs (c)(7)(iii) and (iv) of 
          this section (at least 120 1-minute intervals);
i = 1-minute interval ``i'' during which at least one copper converter 
          was blowing with no interference events as determined 
          according to paragraphs (c)(7)(iii) and (iv) of this section; 
          and
VEi = Average opacity value calculated for the eight opacity 
          readings recorded during 1-minute interval ``i'' (percent).

    (9) You must certify that the copper converter department capture 
system operated during the performance test at the operating limits 
established in your capture system operation and maintenance plan using 
the procedure specified in paragraphs (c)(9)(i) through (iv) of this 
section.
    (i) 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. 63.1452(a).
    (ii) For any dampers that are manually set and remain in 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.
    (iii) Review the recorded monitoring data. Identify and explain any 
times during batch copper converter blowing when the capture system 
operated outside the applicable operating limits.
    (iv) Certify in your performance test report that during all 
observation period segments, the copper converter department capture 
system was operating at the values or settings established in your 
capture system operation and maintenance plan.



Sec. 63.1451  How do I demonstrate initial compliance with the
emission limitations, work practice standards, and operation and
maintenance requirements that 
          apply to me?

    (a) Total particulate matter emission limits. For each copper 
concentrate dryer, smelting furnace, slag cleaning vessel, and copper 
converter department subject to a total particulate matter emission 
limits in Sec. 63.1444 or Sec. 63.1446 that applies to you, you have 
demonstrated initial compliance if you meet both of the conditions in 
paragraphs (a)(1) and (2) of this section.
    (1) The average concentration of total particulate matter from a 
control device applied to emissions from the affected source, measured 
according to the performance test procedures in Sec. 63.1450(a), did 
not exceed the applicable emission limit.
    (2) You have submitted a notification of compliance status according 
to the requirements in Sec. 63.1454(e).
    (b) Nonsulfuric acid particulate matter emissions limits. For each 
smelting furnace, slag cleaning vessel, and copper converter departments 
subject to the nonsulfuric acid particulate matter emissions limit in 
Sec. 63.1444 as applies to you, you have demonstrated initial 
compliance if you meet both of the conditions in paragraphs (b)(1) and 
(2) of this section.
    (1) The average concentration of nonsulfuric acid particulate matter 
in the process off-gas discharged from the affected source, measured 
according to the performance test procedures in Sec. 63.1450(b), did 
not exceed 6.2 mg/dscm.

[[Page 40]]

    (2) You have submitted a notification of compliance status according 
to the requirements in Sec. 63.1454(e).
    (c) For each existing copper converter department subject to the 
opacity limit in Sec. 63.1444, you have demonstrated initial compliance 
if you meet both of the conditions in paragraphs (c)(1) and (2) of this 
section.
    (1) The opacity of visible emissions exiting the roof monitors or 
roof exhaust fans on the building housing the copper converter 
department measured according to the performance test procedures in 
Sec. 63.1450(c), did not exceed 4 percent opacity.
    (2) You have submitted a notification of compliance status according 
to the requirements in Sec. 63.1454(e).
    (d) Copper converter department capture systems. You have 
demonstrated initial compliance of the copper converter department 
capture system if you meet all of the conditions in paragraphs (d)(1) 
through (4) of this section.
    (1) Prepared the capture system operation and maintenance plan 
according to the requirements of paragraph (a) of this section;
    (2) Conducted an initial performance test according to the 
procedures of Sec. 63.1450(c) demonstrating the opacity of any visible 
emissions exiting the roof monitors or roof exhaust fans on the building 
housing the copper converter department does not exceed 4 percent 
opacity;
    (3) Included in your notification of compliance status a copy of 
your written capture system operation and maintenance plan and have 
certified in your notification of compliance status that you will 
operate the copper converter department capture system at all times 
during blowing at the values or settings established for the operating 
limits in that plan; and
    (4) Submitted a notification of compliance status according to the 
requirements in Sec. 63.1454(e).
    (e) Baghouses. For each baghouse subject to operating limits in 
Sec. 63.1444(f) or Sec. 63.1446(c), you have demonstrated initial 
compliance if you meet all of the conditions in paragraphs (e)(1) 
through (3) of this section.
    (1) You have included in your written operation and maintenance plan 
required under Sec. 63.1447(b) detailed descriptions of the procedures 
you use for inspection, maintenance, bag leak detection, and corrective 
action for the baghouse.
    (2) You have certified in your notification of compliance status 
that you will operate the baghouse according to your written operation 
and maintenance plan.
    (3) You have submitted the notification of compliance status 
according to the requirements in Sec. 63.1454(e).
    (f) Venturi wet scrubbers. For each venturi wet scrubber subject to 
operating limits in Sec. 63.1444(g) or Sec. 63.1446(d), you have 
demonstrated initial compliance if you meet all of the conditions in 
paragraphs (f)(1) through (3) of this section.
    (1) Established site-specific operating limits for pressure drop and 
scrubber water flow rate and have a record of the pressure drop and 
scrubber water flow rate measured during the performance test you 
conduct to demonstrate initial compliance with paragraph (a) of this 
section.
    (2) Certified in your notification of compliance status that you 
will operate the venturi wet scrubber within the established operating 
limits for pressure drop and scrubber water flow rate.
    (3) Submitted a notification of compliance status according to the 
requirements in Sec. 63.1454(e).
    (g) Other control devices. For each control device other than a 
baghouse or venturi wet scrubber subject to operating limits in Sec. 
63.1444(h) or Sec. 63.1446(e), you have demonstrated initial compliance 
if you meet all of the conditions in paragraphs (g)(1) through (4) of 
this section.
    (1) Selected one or more operating parameters, as appropriate for 
the control device design, that can be used as representative and 
reliable indicators of the control device operation.
    (2) Established site-specific operating limits for each of the 
selected operating parameters based on values measured during the 
performance test you conduct to demonstrate initial compliance with 
paragraph (a) of this section and have prepared written documentation 
according to the requirements in Sec. 63.1450(a)(5)(iv).

[[Page 41]]

    (3) Included in your notification of compliance status a copy of the 
written documentation you have prepared to demonstrate compliance with 
paragraph (g)(2) of this section and have certified in your notification 
of compliance status that you will operate the control device within the 
established operating limits.
    (4) Submitted a notification of compliance status according to the 
requirements in Sec. 63.1454(e).
    (h) Fugitive dust sources. For all fugitive dust sources subject to 
work practice standards in Sec. 63.1445, you have demonstrated initial 
compliance if you meet all of the conditions in paragraphs (i)(1) 
through (3) of this section.
    (1) Prepared a written fugitive dust control plan according to the 
requirements in Sec. 63.1454 and it has been approved by the designated 
authority.
    (2) Certified in your notification of compliance status that you 
will control emissions from the fugitive dust sources according to the 
procedures in the approved plan.
    (3) Submitted the notification of compliance status according to the 
requirements in Sec. 63.1454(e).
    (i) Operation and maintenance requirements. You have demonstrated 
initial compliance with the operation and maintenance requirements that 
apply to you if you meet all of the conditions in paragraphs (i)(1) 
through (3) of this section.
    (1) Prepared an operation and maintenance plan according to the 
requirements in Sec. 63.1454(b).
    (2) Certified in your notification of compliance status that you 
will operate each capture system and control device according to the 
procedures in the plan.
    (3) Submitted the notification of compliance status according to the 
requirements in Sec. 63.1454(e).

                   Continuous Compliance Requirements



Sec. 63.1452  What are my monitoring requirements?

    (a) Copper converter department capture systems. For each operating 
limit established under your capture system operation and maintenance 
plan, you must install, operate, and maintain an appropriate monitoring 
device according the requirements in paragraphs (a)(1) though (6) of 
this section to measure and record the operating limit value or setting 
at all times the copper converter department capture system is operating 
during batch copper converter blowing. Dampers that are manually set and 
remain in the same position at all times the capture system is operating 
are exempted from the requirements of this paragraph (a).
    (1) Install the monitoring device, associated sensor(s), and 
recording equipment according to the manufacturers' specifications. 
Locate the sensor(s) used for monitoring in or as close to a position 
that provides a representative measurement of the parameter being 
monitored.
    (2) If a flow measurement device is used to monitor the operating 
limit parameter, you must meet the requirements in paragraph (a)(2)(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.
    (ii) Use a flow sensor with a minimum tolerance of 2 percent of the 
flow rate.
    (iii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iv) Conduct a flow sensor calibration check at least semiannually.
    (3) If a pressure measurement device is used to monitor the 
operating limit parameter, you must meet the requirements in paragraph 
(a)(3)(i) through (v) of this section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Use a gauge with a minimum tolerance of 0.5 inch of water or a 
transducer with a minimum tolerance of 1 percent of the pressure range.
    (iv) Check pressure tap pluggage daily.
    (v) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.

[[Page 42]]

    (4) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specifications or you install a new sensor.
    (5) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (6) Record the results of each inspection, calibration, and 
validation check.
    (b) Baghouses. For each baghouse subject to the operating limit in 
Sec. 63.1444(f) or Sec. 63.1446(c) for the bag leak detection system 
alarm, you must at all times monitor the relative change in particulate 
matter loadings using a bag leak detection system according to the 
requirements in paragraph (b)(1) of this section and conduct regular 
inspections according to the requirements in paragraph (b)(2) of this 
section.
    (1) You must install, operate, and maintain each bag leak detection 
system according to the requirements in paragraphs (b)(1)(i) through 
(vii) of this section.
    (i) 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.
    (ii) The system must provide output of relative changes in 
particulate matter loadings.
    (iii) 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.
    (iv) 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 obtain a copy of this guidance 
document by contacting the National Technical Information Service (NTIS) 
at 800-553-6847. 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.
    (v) 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.
    (vi) 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.
    (vii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (2) You must conduct baghouse inspections at their specified 
frequencies according to the requirements in paragraphs (b)(2)(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.
    (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.

[[Page 43]]

    (c) Venturi wet scrubbers. For each venturi wet scrubber subject to 
the operating limits for pressure drop and scrubber water flow rate in 
Sec. 63.1444(g) or Sec. 63.1446(d), you must at all times monitor the 
hourly average pressure drop and water flow rate using a CPMS. You must 
install, operate, and maintain each CPMS according to the requirements 
in paragraphs (c)(1) and (2) of this section.
    (1) For the pressure drop CPMS, you must meet the requirements in 
paragraphs (c)(1)(i) through (vi) of this section.
    (i) Locate the pressure sensor(s) in or as close 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.
    (iv) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (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, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (2) For the scrubber water flow rate CPMS, you must meet the 
requirements in paragraphs (c)(2)(i) through (iv) of this section.
    (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.
    (iii) Conduct a flow sensor calibration check at least semiannually 
according to the manufacturer's instructions.
    (iv) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (d) Other control devices. For each control device other than a 
baghouse or venturi wet scrubber subject to the operating limits for 
appropriate parameters in Sec. 63.1444(h) or Sec. 63.1446(e), you must 
at all times monitor each of your selected parameters using an 
appropriate CPMS. You must install, operate, and maintain each CPMS 
according to the equipment manufacturer's specifications and the 
requirements in paragraphs (d)(1) though (5) of this section.
    (1) Locate the sensor(s) used for monitoring in or as close to a 
position that provides a representative measurement of the parameter 
being monitored.
    (2) Determine the hourly average of all recorded readings.
    (3) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specifications or you install a new sensor.
    (4) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (5) Record the results of each inspection, calibration, and 
validation check.
    (e) 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) at all times an affected source is operating.
    (f) 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.
    (g) 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.

[67 FR 40491, June 12, 2002, as amended at 70 FR 40673, July 14, 2005]

[[Page 44]]



Sec. 63.1453  How do I demonstrate continuous compliance with 
the emission limitations, work practice standards, and operation
and maintenance requirements 
          that apply to me?

    (a) Particulate matter emission limits. For each affected source 
subject to a particulate matter emission limit Sec. 63.1444 or Sec. 
63.1446 as applies to you, you must demonstrate continuous compliance 
according to the requirements in paragraphs (a)(1) and (2) of this 
section.
    (1) For each copper concentrate dryer, smelting furnace, slag 
cleaning vessel, and copper converter department subject to a total 
particulate matter emission limit in Sec. 63.1444 or Sec. 63.1446 as 
applies to you, you must demonstrate continuous compliance by meeting 
the conditions in paragraphs (a)(1)(i) and (ii) of this section.
    (i) Maintain the average concentration of total particulate matter 
in the gases discharged from the affected source at or below the 
applicable emission limit.
    (ii) Conduct subsequent performance tests following your initial 
performance test no less frequently than once per year according to the 
performance test procedures in Sec. 63.1450(a).
    (2) For each smelting furnace, slag cleaning vessel, and copper 
converter department subject to the nonsulfuric acid particulate matter 
emission limit in Sec. 63.1444 as applies to you, you must demonstrate 
continuous compliance by meeting the conditions in paragraphs (a)(2)(i) 
and (ii) of this section.
    (i) Maintain the average concentration of nonsulfuric acid 
particulate matter in the process off-gas discharged from the affected 
source at or below 6.2 mg/dscm.
    (ii) Conduct subsequent performance tests following your initial 
performance test no less frequently than once per year according to the 
performance test procedures in Sec. 63.1450(b).
    (b) Copper converter department capture systems. You must 
demonstrate continuous compliance of the copper converter department 
capture system by meeting the requirements in paragraphs (b)(1) through 
(4) of this section.
    (1) Operate the copper converter department capture system at all 
times during blowing at or above the lowest values or settings 
established for the operating limits and demonstrated to achieve the 
opacity limit according to the applicable requirements of this subpart;
    (2) Inspect and maintain the copper converter department capture 
system according to the applicable requirements in Sec. 63.1447 and 
recording all information needed to document conformance with these 
requirements;
    (3) Monitor the copper converter department capture system according 
to the requirements in Sec. 63.1452(a) and collecting, reducing, and 
recording the monitoring data for each of the operating limit parameters 
according to the applicable requirements of this subpart; and
    (4) Conduct subsequent performance tests according to the 
requirements of Sec. 63.1450(c) following your initial performance test 
no less frequently than once per year to demonstrate that the opacity of 
any visible emissions exiting the roof monitors or roof exhaust fans on 
the building housing the copper converter department does not exceed 4 
percent opacity.
    (c) Baghouses. For each baghouse subject to the operating limit for 
the bag leak detection system alarm in Sec. 63.1444(f) or Sec. 
63.1446(c), you must demonstrate continuous compliance by meeting the 
requirements in paragraphs (c)(1) through (3) of this section.
    (1) Maintain the baghouse such that the bag leak detection system 
alarm does not sound for more than 5 percent of the operating time 
during any semiannual reporting period. To determine the percent of time 
the alarm sounded use the procedures in paragraphs (c)(1)(i) through (v) 
of this section.
    (i) Alarms that occur due solely to a malfunction of the bag leak 
detection system are not included in the calculation.
    (ii) Alarms that occur during startup, shutdown, or malfunction are 
not included in the calculation if the condition is described in the 
startup, shutdown, and malfunction plan, and you operated the source 
during such periods in accordance with Sec. 63.6(e)(1).

[[Page 45]]

    (iii) Count 1 hour of alarm time for each alarm when you initiated 
procedures to determine the cause of the alarm within 1 hour.
    (iv) Count the actual amount of time you took to initiate procedures 
to determine the cause of the alarm if you did not initiate procedures 
to determine the cause of the alarm within 1 hour of the alarm.
    (v) Calculate the percentage of time the alarm on the bag leak 
detection system sounds as the ratio of the sum of alarm times to the 
total operating time multiplied by 100.
    (2) Maintain records of the times the bag leak detection system 
alarm sounded, and for each valid alarm, the time you initiated 
corrective action, the corrective action(s) taken, and the date on which 
corrective action was completed.
    (3) Inspect and maintain each baghouse according to the requirements 
in Sec. 63.1451(b)(2) 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. 63.1451(b)(1)(vi), you must include a copy of the required 
written certification by a responsible official in the next semiannual 
compliance report.
    (d) Venturi wet scrubbers. For each venturi wet scrubber subject to 
the operating limits for pressure drop and scrubber water flow rate in 
Sec. 63.1444(g) or Sec. 63.1446(d), you must demonstrate continuous 
compliance by meeting the requirements of paragraphs (d)(1) through (3) 
of this section.
    (1) Maintain 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) Inspect and maintain each venturi wet scrubber CPMS according to 
Sec. 63.1452(c) and recording all information needed to document 
conformance with these requirements; and
    (3) Collect and reduce monitoring data for pressure drop and 
scrubber water flow rate according to Sec. 63.1452(e) and recording all 
information needed to document conformance with these requirements.
    (e) Other control devices. For each control device other than a 
baghouse or venturi wet scrubber subject to the operating limits for 
site-specific operating parameters in Sec. 63.1444(h) or Sec. 
63.1446(e), you must demonstrate continuous compliance by meeting the 
requirements of paragraphs (e)(1) through (3) of this section:
    (1) Maintain the hourly average rate at levels no lower than those 
established during the initial or subsequent performance test;
    (2) Inspect and maintain each CPMS operated according to Sec. 
63.1452(d) and record all information needed to document conformance 
with these requirements; and
    (3) Collect and reduce monitoring data for selected parameters 
according to Sec. 63.1452(e) and recording all information needed to 
document conformance with these requirements.
    (f) Fugitive dust sources. For each fugitive dust source subject to 
work practice standards in Sec. 63.1445, you must demonstrate 
continuous compliance by implementing all of fugitive control measures 
specified for the source in your written fugitive dust control plan.

[67 FR 40491, June 12, 2002, as amended at 70 FR 40674, July 14, 2005; 
71 FR 20461, Apr. 20, 2006]

                   Notifications, Reports and Records



Sec. 63.1454  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 
63.6(h)(4) and (h)(5), 63.7(b) and (c), 63.8(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 start your affected 
source before June 12, 2002, you must submit your initial notification 
not later than October 10, 2002, 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 June 12, 2002, you must submit your 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

[[Page 46]]

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) by 
the date specified in paragraph (e)(1) or (2) of this section as applies 
to you.
    (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.
    (2) For each initial compliance demonstration that includes 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).

[67 FR 40491, June 12, 2002, as amended at 85 FR 73900, Nov. 19, 2020]



Sec. 63.1455  What reports must I submit and when?

    (a) You must submit each report in paragraphs (a)(1) and (2) of this 
section that applies to you.
    (1) You must submit a compliance report semiannually according to 
the requirements in paragraph (b) of this section and containing the 
information in paragraph (c) of this section.
    (2) 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 startup, shutdown, and 
malfunction plan. You must report the actions taken for the event by fax 
or telephone within 2 working days after starting actions inconsistent 
with the plan. You must submit the information in Sec. 63.10(d)(5)(ii) 
of this part by letter within 7 working days after the end of the event 
unless you have made alternative arrangements with the permitting 
authority.
    (b) Unless the Administrator has approved a different schedule under 
Sec. 63.10(a), you must submit each compliance report required in 
paragraph (a) of this section according to the applicable requirements 
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. 
63.1443 and ending on June 30 or December 31, whichever date comes first 
after the compliance date that is specified for your source in Sec. 
63.1443.
    (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) 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 in 
paragraphs (b)(1) through (4) of this section.
    (c) Each compliance report must contain 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, as defined in 40 CFR 63.2, 
with that official's name, title, and signature, certifying the accuracy 
and completeness of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.

[[Page 47]]

    (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 are no deviations from any emission limitations 
(emission limit, operating limit, opacity limit) that applies to you and 
there are no deviations from the requirements for work practice 
standards in this subpart, 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 an operating 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 monitoring system 
was out-of-control during the reporting period.
    (7) For each deviation from an emission limitation (emission limit, 
operating limit, opacity limit) and for each deviation from the 
requirements for work practice standards that occurs at an affected 
source where you are not using a continuous monitoring system to comply 
with the emission limitations or work practice standards in this 
subpart, the compliance report must contain the information in 
paragraphs (b)(1) through (4) of this section and the information in 
paragraphs (b)(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 (emission limit, 
operating limit, opacity limit, and visible emission limit) occurring at 
an affected source where you are using an operating parameter monitoring 
system to comply with the emission limitation in this subpart, you must 
include the information in paragraphs (b)(1) through (4) of this section 
and the information in paragraphs (c)(8)(i) through (xi) 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 monitoring system was inoperative, 
except for zero (low-level) and high-level checks.
    (iii) The date, time and duration that each monitoring system 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 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 that 
reporting period.
    (viii) A brief description of the process units.
    (ix) A brief description of the monitoring system.
    (x) The date of the latest monitoring system certification or audit.
    (xi) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (d) If you have 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 you submit a 
compliance report pursuant to paragraph (a) of this section along with, 
or as part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR

[[Page 48]]

71.6(a)(3)(iii)(A), and the compliance report includes all required 
information concerning deviations from any emission limitation(including 
any operating limit), or work practice requirement in this subpart, 
submission of the compliance report is deemed to satisfy 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 
the permit authority.



Sec. 63.1456  What records must I keep and how long must I keep my records?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(7) 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 and performance evaluations as 
required in Sec. 63.10(b)(2)(viii).
    (4) For each monitoring system, you must keep the records specified 
in paragraphs (a)(4)(i) through (iv) of this section.
    (i) Records described in Sec. 63.10(b)(2)(vi) through (xi).
    (ii) Monitoring data recorded by the monitoring system during a 
performance evaluation as required in Sec. 63.6(h)(7)(i) and (ii).
    (iii) Previous (i.e., superseded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (iv) 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) For each performance test you conduct to demonstrate compliance 
with an opacity limit according to Sec. 63.1450(c), you must keep the 
records specified in paragraphs (a)(5)(i) through (ix) of this section.
    (i) Dates and time intervals of all opacity observation period 
segments;
    (ii) Description of overall smelter operating conditions during each 
observation period. Identify, if any, the smelter copper production 
process equipment that was out-of-service during the performance test 
and explain why this equipment was not in operation;
    (iii) Name, affiliation, and copy of current visible emission 
reading certification for each visible emission observer participating 
in the performance test;
    (iv) Name, title, and affiliation for each indoor process monitor 
participating in the performance test;
    (v) Copies of all visible emission observer opacity field data 
sheets;
    (vi) Copies of all indoor process monitor operating log sheets;
    (vii) Copies of all data summary sheets used for data reduction;
    (viii) Copy of calculation sheets of the average opacity value used 
to demonstrate compliance with the opacity limit; and
    (ix) Documentation according to the requirements in Sec. 
63.1450(c)(9)(iv) to support your selection of the site-specific capture 
system operating limits used for each batch copper converter capture 
system when blowing.
    (6) For each baghouse subject to the operating limit in Sec. 
63.1444(f) or Sec. 63.1446(c), you must keep the records specified in 
paragraphs (a)(6)(i) and (ii) of this section.
    (i) Records of alarms for each bag leak detection system.
    (ii) Description of the corrective actions taken following each bag 
leak detection alarm.
    (7) For each control device other than a baghouse or venturi wet 
scrubber subject to site-specific operating limits in Sec. 63.1444(g) 
or Sec. 63.1446(f), you must keep documentation according to the 
requirements in Sec. 63.1450(a)(5)(iv) to support your selection of the 
site-specific operating limits for the control device.
    (b) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (c) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence,

[[Page 49]]

measurement, maintenance, corrective action, report, or record.
    (d) 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.

                   Other Requirements and Information



Sec. 63.1457  What part 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 63.15 apply to you.



Sec. 63.1458  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 40 CFR part 63, 
subpart E, the authorities listed 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 emission limitations and work 
practice standards in Sec. Sec. 63.1444 through 63.1446 under Sec. 
63.6(g).
    (2) Approval of major alternatives to test methods under Sec. 
63.7(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. 63.1459  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 in order 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, light scattering, 
transmittance or other effect to continuously monitor relative 
particulate matter loadings.
    Baghouse means a control device that collects particulate matter by 
filtering the gas stream through bags. A baghouse is also referred to as 
a ``fabric filter.''
    Batch copper converter means a Pierce-Smith converter or Hoboken 
converter in which copper matte is oxidized to form blister copper by a 
process that is performed in discrete batches using a sequence of 
charging, blowing, skimming, and pouring.
    Blowing means the operating mode for a batch copper converter during 
which air or oxygen-enriched air is injected into the molten converter 
bath.
    Capture system means the collection of components used to capture 
gases and fumes released from one or more emission points, and to convey 
the captured gases and fumes to a control device. 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.
    Charging means the operating mode for a batch copper converter 
during which molten or solid material is added into the vessel.
    Control device means the air pollution control equipment used to 
collect particulate matter emissions. Examples of such equipment 
include, but are not limited to, a baghouse, an electrostatic 
precipitator, and a wet scrubber.
    Copper concentrate dryer means a vessel in which copper concentrates 
are heated in the presence of air to reduce the moisture content of the 
material.

[[Page 50]]

Supplemental copper-bearing feed materials and fluxes may be added or 
mixed with the copper concentrates fed to a copper concentrate dryer.
    Copper converter department means the area at a primary copper 
smelter in which the copper converters are located.
    Copper matte means a material predominately composed of copper and 
iron sulfides produced by smelting copper ore concentrates.
    Deviation means any instance in which an affected source subject to 
this subpart or an owner or operator of such a source fails to meet any 
of the following:
    (1) 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) 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) Any emission limitation (including any operating limit) or work 
practice standard in this subpart during startup, shutdown, or 
malfunction, regardless whether or not such failure is permitted by this 
subpart.
    Emission limitation means any emission limit, opacity limit, 
operating limit, or visible emission limit.
    Fugitive dust material means copper concentrate, dross, reverts, 
slag, speiss, or other solid copper-bearing materials.
    Fugitive dust source means a stationary source of particulate matter 
emissions resulting from the handling, storage, transfer, or other 
management of fugitive dust materials where the source is not associated 
with a specific process, process vent, or stack. Examples of a fugitive 
dust source include, but are not limited to, on-site roadways used by 
trucks transporting copper concentrate, unloading of materials from 
trucks or railcars, outdoor material storage piles, and transfer of 
material to hoppers and bins.
    Holding means the operating mode for a batch copper converter during 
which the molten bath is maintained in the vessel but no blowing is 
performed nor is material added into or removed from the vessel.
    Opacity means the degree to which emissions reduce the transmission 
of light.
    Particulate matter means any finely divided solid or liquid 
material, other than uncombined water, as measured by the specific 
reference method.
    Pouring means the operating mode for a batch copper converter during 
which molten copper is removed from the vessel.
    Primary copper smelter means any installation or any intermediate 
process engaged in the production of copper from copper sulfide ore 
concentrates through the use of pyrometallurgical techniques.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Skimming means the batch copper converter operating mode during 
which molten slag is removed from the vessel.
    Slag cleaning vessel means a vessel that receives molten copper-
bearing material and the predominant use of the vessel is to separate 
this material into molten copper matte and slag layers.
    Smelting furnace means a furnace, reactor, or other type of vessel 
in which copper ore concentrate and fluxes are melted to form a molten 
mass of material containing copper matte and slag. Other copper-bearing 
materials may also be charged to the smelting furnace.
    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.



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

    As required in Sec. 63.1457, you must comply with the requirements 
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in 
the following table:

[[Page 51]]



----------------------------------------------------------------------------------------------------------------
               Citation                        Subject           Applies to subpart QQQ        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 and         Yes....................
                                        Reconstruction.
Sec. 63.6(a)-(g)...................  Compliance with          Yes....................
                                        Standards and
                                        Maintenance
                                        requirements.
Sec. 63.6(h).......................  Determining compliance   No.....................  Subpart QQQ specifies
                                        with Opacity and VE                               the requirements and
                                        standards.                                        test protocol used to
                                                                                          determine compliance
                                                                                          with the opacity
                                                                                          limits.
Sec. 63.6(i)-(j)...................  Extension of Compliance  Yes....................
                                        and Presidential
                                        Compliance Exemption.
Sec. 63.7(a)(1)-(2)................  Applicability and        No.....................  Subpart QQQ specifies
                                        Performance Test Dates.                           performance test
                                                                                          applicability and
                                                                                          dates.
Sec. 63.7(a)(3), (b)-(h)...........  Performance Testing      Yes....................
                                        Requirements.
Sec. 63.8 except for (a)(4),(c)(4),  Monitoring Requirements  Yes....................
 and (f)(6).
Sec. 63.8(a)(4)....................  Additional Monitoring    No.....................  Subpart QQ does not
                                        Requirements for                                  require flares.
                                        Control devices in
                                        Sec. 63.11.
Sec. 63.8(c)(4)....................  Continuous Monitoring    No.....................  Subpart QQQ specifies
                                        System Requirements.                              requirements for
                                                                                          operation of CMS.
Sec. 63.8(f)(6)....................  RATA Alternative.......  No.....................  Subpart QQQ does not
                                                                                          require continuous
                                                                                          emission monitoring
                                                                                          systems.
Sec. 63.9..........................  Notification             Yes....................
                                        Requirements.
Sec. 63.9(g)(5)....................  DATA reduction.........  No.....................  Subpart QQQ specifies
                                                                                          data reduction
                                                                                          requirements
Sec. 63.10 except for (b)(2)(xiii)   Recordkeeping and        Yes....................
 and (c)(7)-(8).                        reporting Requirements.
Sec. 63.10(b)(2)(xiii).............  CMS Records for RATA     No.....................  Subpart QQQ does not
                                        Alternative.                                      require continuous
                                                                                          emission monitoring
                                                                                          systems.
Sec. 63.10(c)(7)-(8)...............  Records of Excess        No.....................  Subpart QQQ specifies
                                        Emissions and                                     record keeping
                                        Parameter Monitoring                              requirements
                                        Accedences for CMS.
Sec. 63.11.........................  Control Device           No.....................  Subpart QQQ 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.
----------------------------------------------------------------------------------------------------------------



    Sec. Figure 1 to Subpart QQQ of Part 63--Data Summary Sheet for 
                    Determination of Average Opacity

----------------------------------------------------------------------------------------------------------------
                                                                                                      Average
                                                                                       Visible     opacity for 1-
                                                                                      emissions        minute
                                                                        Average      interference     interval
                                  Number of       Converter aisle    opacity for 1-    observed       blowing
          Clock time             converters          activity            minute       during 1-       without
                                   blowing                              interval        minute        visible
                                                                       (percent)      interval?       emission
                                                                                     (yes or no)   interferences
                                                                                                     (percent)
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------

[[Page 52]]

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



Subpart RRR_National Emission Standards for Hazardous Air Pollutants for 
                      Secondary Aluminum Production

    Source: 65 FR 15710, Mar. 23, 2000, unless otherwise noted.

                                 General



Sec. 63.1500  Applicability.

    (a) The requirements of this subpart apply to the owner or operator 
of each secondary aluminum production facility as defined in Sec. 
63.1503.
    (b) The requirements of this subpart apply to the following affected 
sources, located at a secondary aluminum production facility that is a 
major source of hazardous air pollutants (HAPs) as defined in Sec. 
63.2:
    (1) Each new and existing aluminum scrap shredder;
    (2) Each new and existing thermal chip dryer;
    (3) Each new and existing scrap dryer/delacquering kiln/decoating 
kiln;
    (4) Each new and existing group 2 furnace;
    (5) Each new and existing sweat furnace;
    (6) Each new and existing dross-only furnace;
    (7) Each new and existing rotary dross cooler; and
    (8) Each new and existing secondary aluminum processing unit.
    (c) The requirements of this subpart pertaining to dioxin and furan 
(D/F) emissions and associated operating, monitoring, reporting and 
recordkeeping requirements apply to the following affected sources, 
located at a secondary aluminum production facility that is an area 
source of HAPs as defined in Sec. 63.2:
    (1) Each new and existing thermal chip dryer;
    (2) Each new and existing scrap dryer/delacquering kiln/decoating 
kiln;
    (3) Each new and existing sweat furnace;
    (4) Each new and existing secondary aluminum processing unit, 
containing one or more group 1 furnace emission units processing other 
than clean charge.
    (d) The requirements of this subpart do not apply to facilities and 
equipment used for research and development that are not used to produce 
a saleable product.
    (e) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from 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 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 applicable to area sources.
    (f) An aluminum die casting facility, aluminum foundry, or aluminum 
extrusion facility shall be considered to be an area source if it does 
not emit, or have the potential to emit considering controls, 10 tons 
per year or more of any single listed HAP or 25 tons per year of any 
combination of listed HAP from all emission sources which are located in 
a contiguous area and under common control, without regard to

[[Page 53]]

whether or not such sources are regulated under this subpart or any 
other subpart. In the case of an aluminum die casting facility, aluminum 
foundry, or aluminum extrusion facility which is an area source and is 
subject to regulation under this subpart only because it operates a 
thermal chip dryer, no furnace operated by such a facility shall be 
deemed to be subject to the requirements of this subpart if it melts 
only clean charge, internal scrap, or customer returns.

[65 FR 15710, Mar. 23, 2000, as amended at 67 FR 79814, Dec. 30, 2002; 
70 FR 75346, Dec. 19, 2005]



Sec. 63.1501  Dates.

    (a) An affected source constructed before February 11, 1999, must 
comply with the requirements of this subpart by March 24, 2003, except 
as provided in paragraphs (b) and (c).
    (b) The owner or operator of an affected source constructed before 
February 14, 2012, must comply with the following requirements of this 
subpart by March 16, 2016: Sec. 63.1505(k) introductory text, (k)(1) 
through (k)(5), other than the emission standards for HF in (k)(2); 
Sec. 63.1506 (a)(1), (c)(1), (g)(5), (k)(3), (m)(4), (m)(7), (n)(1); 
Sec. 63.1510 (b)(5), (b)(9), (d)(2), (d)(3),(f)(1)(ii), (i)(4), (j)(4), 
(n)(1), (o)(1), (o)(1)(ii), (s)(2)(iv), (t) introductory text, 
(t)(2)(i), (t)(2)(ii), (t)(4), (t)(5); Sec. 63.1511(a) introductory 
text, (b) introductory text, (b)(1), (b)(3), (b)(6), (c)(9), (g)(5); 
Sec. 63.1512(e)(1), (e)(2), (e)(3), (h)(2), (j), (j)(1)(i), (j)(2)(i), 
(o) introductory text, (o)(1), (o)(3), (p)(2); Sec. 63.1513 (b)(1), 
(e)(1), (e)(2), (e)(3), (f); Sec. 63.1516 (b) introductory text, 
(b)(2)(vii), (b)(3)(i); Sec. 63.1517(b)(1)(iii), (b)(4)(ii), (b)(14), 
(b)(19).
    (c) The owner or operator of an affected source constructed before 
February 14, 2012, must comply with the following requirements of this 
subpart by September 18, 2017: Sec. 63.1505(i)(4) and (k)(2) emission 
standards for HF; Sec. 63.1512(e)(4) through (7) requirements for 
testing existing uncontrolled group 1 furnaces (that is, group 1 
furnaces without add-on air pollution control devices); and Sec. 
63.1514 requirements for change of furnace classification.
    (d) An affected source that commenced construction or reconstruction 
after February 11, 1999 but before February 14, 2012 must comply with 
the requirements of this subpart by March 24, 2000 or upon startup, 
whichever is later, except as provided in paragraphs (b), (c), (e), and 
(f) of this section.
    (e) The owner or operator of an affected source that commences 
construction or reconstruction after February 14, 2012, must comply with 
all the requirements of this subpart by September 18, 2015 or upon 
startup, whichever is later.
    (f) The owner or operator of any affected source which is 
constructed or reconstructed after February 11, 1999, but before 
February 14, 2012 at any existing aluminum die casting facility, 
aluminum foundry, or aluminum extrusion facility which otherwise meets 
the applicability criteria set forth in Sec. 63.1500 must comply with 
the requirements of this subpart by March 24, 2003 or upon startup, 
whichever is later, except as provided in paragraphs (b) and (c) of this 
section. The owner or operator of any affected source which is 
constructed or reconstructed after February 14, 2012, at any existing 
aluminum die casting facility, aluminum foundry, or aluminum extrusion 
facility which otherwise meets the applicability criteria set forth in 
Sec. 63.1500 must comply with the requirements by September 18, 2015 or 
upon startup, whichever is later.

[80 FR 56738, Sept. 18, 2015]



Sec. 63.1502  [Reserved]



Sec. 63.1503  Definitions.

    Terms used in this subpart are defined in the Clean Air Act as 
amended (CAA), in Sec. 63.2, or in this section as follows:
    ACGIH Guidelines means chapters 3 and 5 of Industrial Ventilation: A 
Manual of Recommended Practice 23rd edition or appropriate chapters of 
Industrial Ventilation: A Manual of Recommended Practice for Design 27th 
edition (incorporated by reference, see Sec. 63.14).
    Add-on air pollution control device means equipment installed on a 
process vent that reduces the quantity of a pollutant that is emitted to 
the air.
    Afterburner means an air pollution control device that uses 
controlled flame combustion to convert combustible materials to 
noncombustible

[[Page 54]]

gases; also known as an incinerator or a thermal oxidizer.
    Aluminum scrap means fragments of aluminum stock removed during 
manufacturing (i.e., machining), manufactured aluminum articles or parts 
rejected or discarded and useful only as material for reprocessing, and 
waste and discarded material made of aluminum.
    Aluminum scrap shredder means a high speed or low speed unit that 
crushes, grinds, granulates, shears or breaks aluminum scrap into a more 
uniform size prior to processing or charging to a scrap dryer/
delacquering kiln/decoating kiln, or furnace. A bale breaker is not an 
aluminum scrap shredder. Shearing and cutting operations performed at 
rolling mills and aluminum finishing operations (such as slitters) are 
not aluminum scrap shredders.
    Bag leak detection system means an instrument that is 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 includes, but is not limited to, an instrument that operates on 
triboelectric, light scattering, light transmittance, or other effect to 
monitor relative particulate matter loadings.
    Bale breaker means a device used to break apart a bale of aluminum 
scrap for further processing. Bale breakers are not used to crush, 
grind, granulate, shear or break aluminum scrap into more uniform size 
pieces.
    Capture and collection system means the system, including duct 
systems and fans, and, in some cases, hoods, used to collect a 
contaminant at or near its source, and for affected sources equipped 
with an air pollution control device, transport the contaminated air to 
the air cleaning device.
    Chips means small, uniformly-sized, unpainted pieces of aluminum 
scrap, typically below 1\1/4\ inches in any dimension, primarily 
generated by turning, milling, boring, and machining of aluminum parts.
    Clean charge means furnace charge materials, including molten 
aluminum; T-bar; sow; ingot; billet; pig; alloying elements; aluminum 
scrap known by the owner or operator to be entirely free of paints, 
coatings, and lubricants; uncoated/unpainted aluminum chips that have 
been thermally dried or treated by a centrifugal cleaner; aluminum scrap 
dried at 343 [deg]C (650 [deg]F) or higher; aluminum scrap delacquered/
decoated at 482 [deg]C (900 [deg]F) or higher; and runaround scrap. 
Anodized aluminum that contains dyes or sealants containing organic 
compounds is not clean charge.
    Cover flux means salt added to the surface of molten aluminum in a 
group 1 or group 2 furnace, without surface agitation of the molten 
aluminum, for the purpose of preventing oxidation. Any flux added to a 
rotary furnace is not a cover flux.
    Customer returns means any aluminum product which is returned by a 
customer to the aluminum company that originally manufactured the 
product prior to resale of the product or further distribution in 
commerce, and which contains no paint or other solid coatings (i.e., 
lacquers).
    D/F means dioxins and furans.
    Dioxins and furans means tetra-, penta-, hexa-, and octachlorinated 
dibenzo dioxins and furans.
    Dross means the slags and skimmings from aluminum melting and 
refining operations consisting of fluxing agent(s), impurities, and/or 
oxidized and non-oxidized aluminum, from scrap aluminum charged into the 
furnace.
    Dross-only furnace means a furnace, typically of rotary barrel 
design, dedicated to the reclamation of aluminum from dross formed 
during melting, holding, fluxing, or alloying operations carried out in 
other process units. Dross and salt flux are the sole feedstocks to this 
type of furnace.
    Emission unit means a group 1 furnace or in-line fluxer at a 
secondary aluminum production facility.
    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.
    Feed/charge means, for a furnace or other process unit that operates 
in batch mode, the total weight of material (including molten aluminum, 
T-bar, sow, ingot, etc.) and alloying agents that enter the furnace 
during an operating cycle. For a furnace or other

[[Page 55]]

process unit that operates continuously, feed/charge means the weight of 
material (including molten aluminum, T-bar, sow, ingot, etc.) and 
alloying agents that enter the process unit within a specified time 
period (e.g., a time period equal to the performance test period). The 
feed/charge for a dross only furnace includes the total weight of dross 
and solid flux.
    Fluxing means refining of molten aluminum to improve product 
quality, achieve product specifications, or reduce material loss, 
including the addition of solvents to remove impurities (solvent flux); 
and the injection of gases such as chlorine, or chlorine mixtures, to 
remove magnesium (demagging) or hydrogen bubbles (degassing). Fluxing 
may be performed in the furnace or outside the furnace by an in-line 
fluxer.
    Furnace hearth means the combustion zone of a furnace in which the 
molten metal is contained.
    Group 1 furnace means a furnace of any design that melts, holds, or 
processes aluminum that contains paint, lubricants, coatings, or other 
foreign materials with or without reactive fluxing, or processes clean 
charge with reactive fluxing.
    Group 2 furnace means a furnace of any design that melts, holds, or 
processes only clean charge and that performs no fluxing or performs 
fluxing using only nonreactive, non-HAP-containing/non-HAP-generating 
gases or agents. Unheated pots, to which no flux is added and that are 
used to transport metal, are not furnaces.
    HCl means hydrogen chloride.
    HF means hydrogen fluoride.
    In-line fluxer means a device exterior to a furnace, located in a 
transfer line from a furnace, used to refine (flux) molten aluminum; 
also known as a flux box, degassing box, or demagging box.
    Internal scrap means all aluminum scrap regardless of the level of 
contamination which originates from castings or extrusions produced by 
an aluminum die casting facility, aluminum foundry, or aluminum 
extrusion facility, and which remains at all times within the control of 
the company that produced the castings or extrusions.
    Lime means calcium oxide or other alkaline reagent.
    Lime-injection means the continuous addition of lime upstream of a 
fabric filter.
    Melting/holding furnace means a group 1 furnace that processes only 
clean charge, performs melting, holding, and fluxing functions, and does 
not transfer molten aluminum to or from another furnace except for 
purposes of alloy changes, off-specification product drains, or 
maintenance activities.
    Operating cycle means for a batch process, the period beginning when 
the feed material is first charged to the operation and ending when all 
feed material charged to the operation has been processed. For a batch 
melting or holding furnace process, operating cycle means the period 
including the charging and melting of scrap aluminum and the fluxing, 
refining, alloying, and tapping of molten aluminum (the period from tap-
to-tap).
    PM means, for the purposes of this subpart, emissions of particulate 
matter that serve as a measure of total particulate emissions and as a 
surrogate for metal HAPs contained in the particulates, including but 
not limited to, antimony, arsenic, beryllium, cadmium, chromium, cobalt, 
lead, manganese, mercury, nickel, and selenium.
    Pollution prevention means source reduction as defined under the 
Pollution Prevention Act of 1990 (e.g., equipment or technology 
modifications, process or procedure modifications, reformulation or 
redesign of products, substitution of raw materials, and improvements in 
housekeeping, maintenance, training, or inventory control), and other 
practices that reduce or eliminate the creation of pollutants through 
increased efficiency in the use of raw materials, energy, water, or 
other resources, or protection of natural resources by conservation.
    Reactive fluxing means the use of any gas, liquid, or solid flux 
(other than cover flux) that results in a HAP emission. Argon and 
nitrogen are not reactive and do not produce HAP.
    Reconstruction means the replacement of components of an affected 
source or emission unit such that the fixed capital cost of the new 
components exceeds 50 percent of the fixed capital cost that would be 
required to construct a comparable new affected

[[Page 56]]

source, and it is technologically and economically feasible for the 
reconstructed source to meet relevant standard(s) established in this 
subpart. Replacement of the refractory in a furnace is routine 
maintenance and is not a reconstruction. The repair and replacement of 
in-line fluxer components (e.g., rotors/shafts, burner tubes, 
refractory, warped steel) is considered to be routine maintenance and is 
not considered a reconstruction. In-line fluxers are typically removed 
to a maintenance/repair area and are replaced with repaired units. The 
replacement of an existing in-line fluxer with a repaired unit is not 
considered a reconstruction.
    Residence time means, for an afterburner, the duration of time 
required for gases to pass through the afterburner combustion zone. 
Residence time is calculated by dividing the afterburner combustion zone 
volume in cubic feet by the volumetric flow rate of the gas stream in 
actual cubic feet per second. The combustion zone volume includes the 
reaction chamber of the afterburner in which the waste gas stream is 
exposed to the direct combustion flame and the complete refractory lined 
portion of the furnace stack up to the measurement thermocouple.
    Rotary dross cooler means a water-cooled rotary barrel device that 
accelerates cooling of dross.
    Round top furnace means a cylindrically-shaped reverberatory furnace 
that has a top that is removed for charging and other furnace 
operations.
    Runaround scrap means scrap materials generated on-site by aluminum 
casting, extruding, rolling, scalping, forging, forming/stamping, 
cutting, and trimming operations and that do not contain paint or solid 
coatings. Uncoated/unpainted aluminum chips generated by turning, 
boring, milling, and similar machining operations may be clean charge if 
they have been thermally dried or treated by a centrifugal cleaner, but 
are not considered to be runaround scrap.
    Scrap dryer/delacquering kiln/decoating kiln means a unit used 
primarily to remove various organic contaminants such as oil, paint, 
lacquer, ink, plastic, and/or rubber from aluminum scrap (including used 
beverage containers) prior to melting, or that separates aluminum foil 
from paper and plastic in scrap.
    Secondary aluminum processing unit (SAPU). An existing SAPU means 
all existing group 1 furnaces and all existing in-line fluxers within a 
secondary aluminum production facility. Each existing group 1 furnace or 
existing in-line fluxer is considered an emission unit within a 
secondary aluminum processing unit. A new SAPU means any combination of 
individual group 1 furnaces and in-line fluxers within a secondary 
aluminum processing facility which either were constructed or 
reconstructed after February 11, 1999, or have been permanently 
redesignated as new emission units pursuant to Sec. 63.1505(k)(6). Each 
of the group 1 furnaces or in-line fluxers within a new SAPU is 
considered an emission unit within that secondary aluminum processing 
unit. A secondary aluminum production facility may have more than one 
new SAPU.
    Secondary aluminum production facility means any establishment using 
clean charge, aluminum scrap, or dross from aluminum production, as the 
raw material and performing one or more of the following processes: 
scrap shredding, scrap drying/delacquering/decoating, thermal chip 
drying, furnace operations (i.e., melting, holding, sweating, refining, 
fluxing, or alloying), recovery of aluminum from dross, in-line fluxing, 
or dross cooling. A secondary aluminum production facility may be 
independent or part of a primary aluminum production facility. For 
purposes of this subpart, aluminum die casting facilities, aluminum 
foundries, and aluminum extrusion facilities are not considered to be 
secondary aluminum production facilities if the only materials they melt 
are clean charge, customer returns, or internal scrap, and if they do 
not operate sweat furnaces, thermal chip dryers, or scrap dryers/
delacquering kilns/decoating kilns. The determination of whether a 
facility is a secondary aluminum production facility is only for 
purposes of this subpart and any regulatory requirements which are 
derived from the applicability of this subpart, and is separate from any 
determination which may be made under other environmental laws and 
regulations, including

[[Page 57]]

whether the same facility is a ``secondary metal production facility'' 
as that term is used in 42 U.S.C. Sec. 7479(1) and 40 CFR 
52.21(b)(1)(i)(A) (``prevention of significant deterioration of air 
quality'').
    Shutdown means the period of operation for thermal chip dryers, 
scrap dryers/delacquering kilns, decoating kilns, dross-only furnaces, 
group 1 furnaces, in-line fluxers, sweat furnaces and group 2 furnaces 
that begins when the introduction of feed/charge is intentionally 
halted, the source of heat to the emissions unit is turned off, and 
product has been removed from the emission unit to the greatest extent 
practicable (e.g., by tapping a furnace). Shutdown ends when the 
emission unit is near ambient temperature.
    Sidewell means an open well adjacent to the hearth of a furnace with 
connecting arches between the hearth and the open well through which 
molten aluminum is circulated between the hearth, where heat is applied 
by burners, and the open well, which is used for charging scrap and 
solid flux or salt to the furnace, injecting fluxing agents, and 
skimming dross.
    Startup means the period of operation for thermal chip dryers, scrap 
dryers/delacquering kilns, decoating kilns, dross-only furnaces, group 1 
furnaces, in-line fluxers, sweat furnaces and group 2 furnaces that 
begins with equipment warming from a shutdown, that is, the equipment is 
at or near ambient temperature. Startup ends at the point that flux or 
feed/charge is introduced.
    Sweat furnace means a furnace used exclusively to reclaim aluminum 
from scrap that contains substantial quantities of iron by using heat to 
separate the low-melting point aluminum from the scrap while the higher 
melting-point iron remains in solid form.
    Tap means the end of an operating cycle of any individual furnace 
when processed molten aluminum is poured from that furnace.
    TEQ means the international method of expressing toxicity 
equivalents for dioxins and furans as defined in ``Interim Procedures 
for Estimating Risks Associated with Exposures to Mixtures of 
Chlorinated Dibenzo-p-Dioxins and -Dibenzofurans (CDDs and CDFs) and 
1989 Update'' (EPA-625/3-89-016), available from the National Technical 
Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 
22161, NTIS no. PB 90-145756.
    THC means, for the purposes of this subpart, total hydrocarbon 
emissions that also serve as a surrogate for the emissions of organic 
HAP compounds.
    Thermal chip dryer means a device that uses heat to evaporate oil or 
oil/water mixtures from unpainted/uncoated aluminum chips. Pre-heating 
boxes or other dryers which are used solely to remove water from 
aluminum scrap are not considered to be thermal chip dryers for purposes 
of this subpart.
    Three-day, 24-hour rolling average means daily calculations of the 
average 24-hour emission rate (lbs/ton of feed/charge), over the 3 most 
recent consecutive 24-hour periods, for a secondary aluminum processing 
unit.
    Total reactive chlorine flux injection rate means the sum of the 
total weight of chlorine in the gaseous or liquid reactive flux and the 
total weight of chlorine in the solid reactive chloride flux, divided by 
the total weight of feed/charge, as determined by the procedure in Sec. 
63.1512(o).
    Total reactive fluorine flux injection rate means the sum of the 
total weight of fluorine in the gaseous or liquid reactive flux added to 
an uncontrolled group 1 furnace, and the total weight of fluorine in the 
solid reactive flux added to an uncontrolled group 1 furnace, divided by 
the total weight of feed/charge, as determined by the procedure in Sec. 
63.1512(o).

[65 FR 15710, Mar. 23, 2000, as amended at 67 FR 79814, Dec. 30, 2002; 
69 FR 18803, Apr. 9, 2004; 69 FR 53984, Sept. 3, 2004; 70 FR 57517, Oct. 
3, 2005; 80 FR 56738, Sept. 18, 2015]



Sec. 63.1504  [Reserved]

              Emission Standards and Operating Requirements



Sec. 63.1505  Emission standards for affected sources and emission units.

    (a) Summary. The owner or operator of a new or existing affected 
source must comply at all times with each applicable limit in this 
section, including periods of startup and shutdown. Table

[[Page 58]]

1 to this subpart summarizes the emission standards for each type of 
source.
    (b) Aluminum scrap shredder. On and after the compliance date 
established by Sec. 63.1501, the owner or operator of an aluminum scrap 
shredder at a secondary aluminum production facility that is a major 
source must not discharge or cause to be discharged to the atmosphere:
    (1) Emissions in excess of 0.023 grams (g) of PM per dry standard 
cubic meter (dscm) (0.010 grain (gr) of PM per dry standard cubic foot 
(dscf)); and
    (2) Visible emissions (VE) in excess of 10 percent opacity from any 
PM add-on air pollution control device if a continuous opacity monitor 
(COM) or visible emissions monitoring is chosen as the monitoring 
option.
    (c) Thermal chip dryer. On and after the compliance date established 
by Sec. 63.1501, the owner or operator of a thermal chip dryer must not 
discharge or cause to be discharged to the atmosphere emissions in 
excess of:
    (1) 0.40 kilogram (kg) of THC, as propane, per megagram (Mg) (0.80 
lb of THC, as propane, per ton) of feed/charge from a thermal chip dryer 
at a secondary aluminum production facility that is a major source; and
    (2) 2.50 micrograms ([micro]g) of D/F TEQ per Mg (3.5 x 
10-5 gr per ton) of feed/charge from a thermal chip dryer at 
a secondary aluminum production facility that is a major or area source.
    (d) Scrap dryer/delacquering kiln/decoating kiln. On and after the 
compliance date established by Sec. 63.1501:
    (1) The owner or operator of a scrap dryer/delacquering kiln/
decoating kiln must not discharge or cause to be discharged to the 
atmosphere emissions in excess of:
    (i) 0.03 kg of THC, as propane, per Mg (0.06 lb of THC, as propane, 
per ton) of feed/charge from a scrap dryer/delacquering kiln/decoating 
kiln at a secondary aluminum production facility that is a major source;
    (ii) 0.04 kg of PM per Mg (0.08 lb per ton) of feed/charge from a 
scrap dryer/delacquering kiln/decoating kiln at a secondary aluminum 
production facility that is a major source;
    (iii) 0.25 [micro]g of D/F TEQ per Mg (3.5 x 10-6 gr of 
D/F TEQ per ton) of feed/charge from a scrap dryer/delacquering kiln/
decoating kiln at a secondary aluminum production facility that is a 
major or area source; and
    (iv) 0.40 kg of HCl per Mg (0.80 lb per ton) of feed/charge from a 
scrap dryer/delacquering kiln/decoating kiln at a secondary aluminum 
production facility that is a major source.
    (2) The owner or operator of a scrap dryer/delacquering kiln/
decoating kiln at a secondary aluminum production facility that is a 
major source must not discharge or cause to be discharged to the 
atmosphere visible emissions in excess of 10 percent opacity from any PM 
add-on air pollution control device if a COM is chosen as the monitoring 
option.
    (e) Scrap dryer/delacquering kiln/decoating kiln: alternative 
limits. The owner or operator of a scrap dryer/ delacquering kiln/
decoating kiln may choose to comply with the emission limits in this 
paragraph (e) as an alternative to the limits in paragraph (d) of this 
section if the scrap dryer/delacquering kiln/decoating kiln is equipped 
with an afterburner having a design residence time of at least 1 second 
and the afterburner is operated at a temperature of at least 760 [deg]C 
(1400 [deg]F) at all times. On and after the compliance date established 
by Sec. 63.1501:
    (1) The owner or operator of a scrap dryer/delacquering kiln/
decoating kiln must not discharge or cause to be discharged to the 
atmosphere emissions in excess of:
    (i) 0.10 kg of THC, as propane, per Mg (0.20 lb of THC, as propane, 
per ton) of feed/charge from a scrap dryer/delacquering kiln/decoating 
kiln at a secondary aluminum production facility that is a major source;
    (ii) 0.15 kg of PM per Mg (0.30 lb per ton) of feed/charge from a 
scrap dryer/delacquering kiln/decoating kiln at a secondary aluminum 
production facility that is a major source;
    (iii) 5.0 [micro]g of D/F TEQ per Mg (7.0 x 10-5 gr of D/
F TEQ per ton) of feed/charge from a scrap dryer/delacquering kiln/
decoating kiln at a secondary aluminum production facility that is a 
major or area source; and
    (iv) 0.75 kg of HCl per Mg (1.50 lb per ton) of feed/charge from a 
scrap dryer/delacquering kiln/decoating kiln at a

[[Page 59]]

secondary aluminum production facility that is a major source.
    (2) The owner or operator of a scrap dryer/ delacquering kiln/
decoating kiln at a secondary aluminum production facility that is a 
major source must not discharge or cause to be discharged to the 
atmosphere visible emissions in excess of 10 percent opacity from any PM 
add-on air pollution control device if a COM is chosen as the monitoring 
option.
    (f) Sweat furnace. The owner or operator of a sweat furnace shall 
comply with the emission standard of paragraph (f)(2) of this section.
    (1) The owner or operator is not required to conduct a performance 
test to demonstrate compliance with the emission standard of paragraph 
(f)(2) of this section, provided that, on and after the compliance date 
of this rule, the owner or operator operates and maintains an 
afterburner with a design residence time of 0.8 seconds or greater and 
an operating temperature of 1600 [deg]F or greater.
    (2) On and after the compliance date established by Sec. 63.1501, 
the owner or operator of a sweat furnace at a secondary aluminum 
production facility that is a major or area source must not discharge or 
cause to be discharged to the atmosphere emissions in excess of 0.80 
nanogram (ng) of D/F TEQ per dscm (3.5 x 10-10 gr per dscf) 
at 11 percent oxygen (O\2\).
    (g) Dross-only furnace. On and after the compliance date established 
by Sec. 63.1501, the owner or operator of a dross-only furnace at a 
secondary aluminum production facility that is a major source must not 
discharge or cause to be discharged to the atmosphere:
    (1) Emissions in excess of 0.15 kg of PM per Mg (0.30 lb of PM per 
ton) of feed/charge.
    (2) Visible emissions in excess of 10 percent opacity from any PM 
add-on air pollution control device if a COM is chosen as the monitoring 
option.
    (h) Rotary dross cooler. On and after the compliance date 
established by Sec. 63.1501, the owner or operator of a rotary dross 
cooler at a secondary aluminum production facility that is a major 
source must not discharge or cause to be discharged to the atmosphere:
    (1) Emissions in excess of 0.09 g of PM per dscm (0.04 gr per dscf).
    (2) Visible emissions in excess of 10 percent opacity from any PM 
add-on air pollution control device if a COM is chosen as the monitoring 
option.
    (i) Group 1 furnace. The owner or operator of a group 1 furnace must 
use the limits in this paragraph to determine the emission standards for 
a SAPU.
    (1) 0.20 kg of PM per Mg (0.40 lb of PM per ton) of feed/charge from 
a group 1 furnace, that is not a melting/holding furnace processing only 
clean charge, at a secondary aluminum production facility that is a 
major source;
    (2) 0.40 kg of PM per Mg (0.80 lb of PM per ton) of feed/charge from 
a group 1 melting/holding furnace processing only clean charge at a 
secondary aluminum production facility that is a major source;
    (3) 15 [micro]g of D/F TEQ per Mg (2.1 x 10-4 gr of D/F 
TEQ per ton) of feed/charge from a group 1 furnace at a secondary 
aluminum production facility that is a major or area source. This limit 
does not apply if the furnace processes only clean charge; and
    (4) 0.20 kg of HF per Mg (0.40 lb of HF per ton) of feed/charge from 
an uncontrolled group 1 furnace and 0.20 kg of HCl per Mg (0.40 lb of 
HCl per ton) of feed/charge or, if the furnace is equipped with an add-
on air pollution control device, 10 percent of the uncontrolled HCl 
emissions, by weight, for a group 1 furnace at a secondary aluminum 
production facility that is a major source.
    (5) The owner or operator of a group 1 furnace at a secondary 
aluminum production facility that is a major source must not discharge 
or cause to be discharged to the atmosphere visible emissions in excess 
of 10 percent opacity from any PM add-on air pollution control device if 
a COM is chosen as the monitoring option.
    (6) The owner or operator may determine the emission standards for a 
SAPU by applying the group 1 furnace limits on the basis of the aluminum 
production weight in each group 1 furnace, rather than on the basis of 
feed/charge.

[[Page 60]]

    (7) The owner or operator of a sidewell group 1 furnace that 
conducts reactive fluxing (except for cover flux) in the hearth, or that 
conducts reactive fluxing in the sidewell at times when the level of 
molten metal falls below the top of the passage between the sidewell and 
the hearth, must comply with the emission limits of paragraphs (i)(1) 
through (4) of this section on the basis of the combined emissions from 
the sidewell and the hearth.
    (j) In-line fluxer. Except as provided in paragraph (j)(3) of this 
section for an in-line fluxer using no reactive flux material, the owner 
or operator of an in-line fluxer must use the limits in this paragraph 
to determine the emission standards for a SAPU.
    (1) 0.02 kg of HCl per Mg (0.04 lb of HCl per ton) of feed/charge;
    (2) 0.005 kg of PM per Mg (0.01 lb of PM per ton) of feed/charge.
    (3) The emission limits in paragraphs (j)(1) and (j)(2) of this 
section do not apply to an in-line fluxer that uses no reactive flux 
materials.
    (4) The owner or operator of an in-line fluxer at a secondary 
aluminum production facility that is a major source must not discharge 
or cause to be discharged to the atmosphere visible emissions in excess 
of 10 percent opacity from any PM add-on air pollution control device 
used to control emissions from the in-line fluxer, if a COM is chosen as 
the monitoring option.
    (5) The owner or operator may determine the emission standards for a 
SAPU by applying the in-line fluxer limits on the basis of the aluminum 
production weight in each in-line fluxer, rather than on the basis of 
feed/charge.
    (k) Secondary aluminum processing unit. The owner or operator must 
comply with the emission limits calculated using the equations for PM, 
HCl and HF in paragraphs (k)(1) and (2) of this section for each 
secondary aluminum processing unit at a secondary aluminum production 
facility that is a major source. The owner or operator must comply with 
the emission limit calculated using the equation for D/F in paragraph 
(k)(3) of this section for each secondary aluminum processing unit at a 
secondary aluminum production facility that is a major or area source.
    (1) The owner or operator must not discharge or allow to be 
discharged to the atmosphere any 3-day, 24-hour rolling average 
emissions of PM in excess of:
[GRAPHIC] [TIFF OMITTED] TR18SE15.007


Where:

LtiPM = The PM emission limit for individual emission unit i 
          in paragraph (i)(1) and (2) of this section for a group 1 
          furnace or in paragraph (j)(2) of this section for an in-line 
          fluxer;
Tti = The mass of feed/charge for 24 hours for individual 
          emission unit i; and
LcPM = The daily PM emission limit for the secondary aluminum 
          processing unit which is used to calculate the 3-day, 24-hour 
          PM emission limit applicable to the SAPU.
    Note: In-line fluxers using no reactive flux materials cannot be 
included in this calculation since they are not subject to the PM limit.

    (2) The owner or operator must not discharge or allow to be 
discharged to the atmosphere any 3-day, 24-hour rolling average 
emissions of HCl or HF in excess of:

[[Page 61]]

[GRAPHIC] [TIFF OMITTED] TR18SE15.008


Where:

LtiHCl/HF = The HCl emission limit for individual emission 
          unit i in paragraph (i)(4) of this section for a group 1 
          furnace or in paragraph (j)(1) of this section for an in-line 
          fluxer; or the HF emission limit for individual emission unit 
          i in paragraph (i)(4) of this section for an uncontrolled 
          group 1 furnace; and
LcHCl/HF = The daily HCl or HF emission limit for the 
          secondary aluminum processing unit which is used to calculate 
          the 3-day, 24-hour HCl or HF emission limit applicable to the 
          SAPU.

    Note: Only uncontrolled group 1 furnaces are included in this HF 
limit calculation. In-line fluxers using no reactive flux materials 
cannot be included in this calculation since they are not subject to the 
HCl or HF limit.

    (3) The owner or operator must not discharge or allow to be 
discharged to the atmosphere any 3-day, 24-hour rolling average 
emissions of D/F in excess of:
[GRAPHIC] [TIFF OMITTED] TR18SE15.009


Where:

LtiD/F = The D/F emission limit for individual emission unit 
          i in paragraph (i)(3) of this section for a group 1 furnace; 
          and
LcD/F = The daily D/F emission limit for the secondary 
          aluminum processing unit which is used to calculate the 3-day, 
          24-hour D/F emission limit applicable to the SAPU.

    Note: Clean charge furnaces cannot be included in this calculation 
since they are not subject to the D/F limit.
    (4) The owner or operator of a SAPU at a secondary aluminum 
production facility that is a major source may demonstrate compliance 
with the emission limits of paragraphs (k)(1) through (3) of this 
section by demonstrating that each emission unit within the SAPU is in 
compliance with the applicable emission limits of paragraphs (i) and (j) 
of this section.
    (5) The owner or operator of a SAPU at a secondary aluminum 
production facility that is an area source may demonstrate compliance 
with the emission limits of paragraph (k)(3) of this section by 
demonstrating that each emission unit within the SAPU is in compliance 
with the emission limit of paragraph (i)(3) of this section.
    (6) With the prior approval of the permitting authority for major 
sources, or the Administrator for area sources, an owner or operator may 
redesignate any existing group 1 furnace or in-line fluxer at a 
secondary aluminum production facility as a new emission unit. Any 
emission unit so redesignated may thereafter be included in a new SAPU 
at that facility. Any such redesignation will be solely for the purpose 
of this NESHAP and will be irreversible.

[65 FR 15710, Mar. 23, 2000, as amended at 67 FR 59792, Sept. 24, 2002; 
67 FR 79816, Dec. 30, 2002; 70 FR 57517, Oct. 3, 2005; 80 FR 56739, 
Sept. 18, 2015]



Sec. 63.1506  Operating requirements.

    (a) Summary. (1) The owner or operator must operate all new and 
existing affected sources and control equipment according to the 
requirements in this

[[Page 62]]

section. The affected sources, and their associated control equipment, 
listed in Sec. 63.1500(c)(1) through (4) of this subpart that are 
located at a secondary aluminum production facility that is an area 
source are subject to the operating requirements of paragraphs (b), (c), 
(d), (f), (g), (h), (m), (n), and (p) of this section.
    (2) The owner or operator of an existing sweat furnace that meets 
the specifications of Sec. 63.1505(f)(1) must operate the sweat furnace 
and control equipment according to the requirements of this section on 
and after the compliance date of this standard.
    (3) The owner or operator of a new sweat furnace that meets the 
specifications of Sec. 63.1505(f)(1) must operate the sweat furnace and 
control equipment according to the requirements of this section by March 
23, 2000 or upon startup, whichever is later.
    (4) Operating requirements are summarized in Table 2 to this 
subpart.
    (5) At all times, the owner or operator must operate and maintain 
any affected source, including associated air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. 
Determination of whether such operation and maintenance procedures are 
being used will be based on information available to the Administrator 
which may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the source.
    (b) Labeling. The owner or operator must provide and maintain easily 
visible labels posted at each group 1 furnace, group 2 furnace, in-line 
fluxer and scrap dryer/delacquering kiln/decoating kiln that identifies 
the applicable emission limits and means of compliance, including:
    (1) The type of affected source or emission unit (e.g., scrap dryer/
delacquering kiln/decoating kiln, group 1 furnace, group 2 furnace, in-
line fluxer).
    (2) The applicable operational standard(s) and control method(s) 
(work practice or control device). This includes, but is not limited to, 
the type of charge to be used for a furnace (e.g., clean scrap only, all 
scrap, etc.), flux materials and addition practices, and the applicable 
operating parameter ranges and requirements as incorporated in the OM&M 
plan.
    (3) The afterburner operating temperature and design residence time 
for a scrap dryer/delacquering kiln/decoating kiln.
    (c) Capture/collection systems. For each affected source or emission 
unit equipped with an add-on air pollution control device, the owner or 
operator must:
    (1) Design and install a system for the capture and collection of 
emissions to meet the engineering standards for minimum exhaust rates or 
facial inlet velocities as contained in the ACGIH Guidelines 
(incorporated by reference, see Sec. 63.14);
    (2) Vent captured emissions through a closed system, except that 
dilution air may be added to emission streams for the purpose of 
controlling temperature at the inlet to a fabric filter; and
    (3) Operate each capture/collection system according to the 
procedures and requirements in the OM&M plan.
    (4) In lieu of paragraph (c)(1) of this section, the owner or 
operator of a sweat furnace may design, install and operate each sweat 
furnace in accordance with paragraphs (c)(4)(i) through (iii) of this 
section.
    (i) As demonstrated by an annual negative air flow test conducted in 
accordance with Sec. 63.1510(d)(3), air flow must be into the sweat 
furnace or towards the plane of the sweat furnace opening.
    (ii) The owner or operator must maintain and operate the sweat 
furnace in a manner consistent with the good practices requirements for 
minimizing emissions, including unmeasured emissions, in paragraph 
(a)(5) of this section. Procedures that will minimize unmeasured 
emissions may include, but are not limited to the following:
    (A) Increasing the exhaust rate from the furnace with draft fans, so 
as to capture emissions that might otherwise escape from the sweat 
furnace opening;
    (B) Minimizing the time the sweat furnace doors are open;

[[Page 63]]

    (C) Keeping building doors and other openings closed to the greatest 
extent possible to minimize drafts that would divert emissions from 
being drawn into the sweat furnace;
    (D) Maintaining burners on low-fire or pilot operation while the 
doors are open;
    (E) Conducting periodic inspections and maintenance of sweat furnace 
components to ensure their proper operation and performance including 
but not limited to, door assemblies, seals, combustion chamber 
refractory material, afterburner and stack refractory, blowers, fans, 
dampers, burner tubes, door raise cables, pilot light assemblies, 
baffles, sweat furnace and afterburner shells and other internal 
structures.
    (iii) The owner or operator must document in their operation, 
maintenance, and monitoring (OM&M) plan the procedures to be used to 
minimize emissions, including unmeasured emissions, in addition to the 
procedures to ensure the proper operation and maintenance of the sweat 
furnace.
    (d) Feed/charge weight. The owner or operator of each affected 
source or emission unit subject to an emission limit in kg/Mg (lb/ton) 
or [micro]g/Mg (gr/ton) of feed/charge must:
    (1) Except as provided in paragraph (d)(3) of this section, install 
and operate a device that measures and records or otherwise determine 
the weight of feed/charge (or throughput) for each operating cycle or 
time period used in the performance test; and
    (2) Operate each weight measurement system or other weight 
determination procedure in accordance with the OM&M plan.
    (3) The owner or operator may chose to measure and record aluminum 
production weight from an affected source or emission unit rather than 
feed/charge weight to an affected source or emission unit, provided 
that:
    (i) The aluminum production weight, rather than feed/charge weight 
is measured and recorded for all emission units within a SAPU; and
    (ii) All calculations to demonstrate compliance with the emission 
limits for SAPUs are based on aluminum production weight rather than 
feed/charge weight.
    (e) Aluminum scrap shredder. The owner or operator of a scrap 
shredder with emissions controlled by a fabric filter must operate a bag 
leak detection system, or a continuous opacity monitor, or conduct 
visible emissions observations.
    (1) If a bag leak detection system is used to meet the monitoring 
requirements in Sec. 63.1510, the owner or operator must:
    (i) Initiate corrective action within 1-hour of a bag leak detection 
system alarm and complete the corrective action procedures in accordance 
with the OM&M plan.
    (ii) Operate each fabric filter system such that the bag leak 
detection system alarm does not sound more than 5 percent of the 
operating time during 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 shall be counted 
as a minimum of 1 hour. If the owner or operator takes longer than 1 
hour to initiate corrective action, the alarm time shall be counted as 
the actual amount of time taken by the owner or operator to initiate 
corrective action.
    (2) If a continuous opacity monitoring system is used to meet the 
monitoring requirements in Sec. 63.1510, the owner or operator must 
initiate corrective action within 1-hour of any 6-minute average reading 
of 5 percent or more opacity and complete the corrective action 
procedures in accordance with the OM&M plan.
    (3) If visible emission observations are used to meet the monitoring 
requirements in Sec. 63.1510, the owner or operator must initiate 
corrective action within 1-hour of any observation of visible emissions 
during a daily visible emissions test and complete the corrective action 
procedures in accordance with the OM&M plan.
    (f) Thermal chip dryer. The owner or operator of a thermal chip 
dryer with emissions controlled by an afterburner must:

[[Page 64]]

    (1) Maintain the 3-hour block average operating temperature of each 
afterburner at or above the average temperature established during the 
performance test.
    (2) Operate each afterburner in accordance with the OM&M plan.
    (3) Operate each thermal chip dryer using only unpainted aluminum 
chips as the feedstock.
    (g) Scrap dryer/delacquering kiln/decoating kiln. The owner or 
operator of a scrap dryer/delacquering kiln/decoating kiln with 
emissions controlled by an afterburner and a lime-injected fabric filter 
must:
    (1) For each afterburner,
    (i) Maintain the 3-hour block average operating temperature of each 
afterburner at or above the average temperature established during the 
performance test.
    (ii) Operate each afterburner in accordance with the OM&M plan.
    (2) If a bag leak detection system is used to meet the fabric filter 
monitoring requirements in Sec. 63.1510,
    (i) Initiate corrective action within 1-hour of a bag leak detection 
system alarm and complete any necessary corrective action procedures in 
accordance with the OM&M plan.
    (ii) Operate each fabric filter system such that the bag leak 
detection system alarm does not sound more than 5 percent of the 
operating time during 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 shall be counted 
as a minimum of 1 hour. If the owner or operator takes longer than 1 
hour to initiate corrective action, the alarm time shall be counted as 
the actual amount of time taken by the owner or operator to initiate 
corrective action.
    (3) If a continuous opacity monitoring system is used to meet the 
monitoring requirements in Sec. 63.1510, initiate corrective action 
within 1-hour of any 6-minute average reading of 5 percent or more 
opacity and complete the corrective action procedures in accordance with 
the OM&M plan.
    (4) Maintain the 3-hour block average inlet temperature for each 
fabric filter at or below the average temperature established during the 
performance test, plus 14 [deg]C (plus 25 [deg]F).
    (5) For a continuous injection device, maintain free-flowing lime in 
the hopper to the feed device at all times and maintain the lime feeder 
setting at or above the level established during the performance test.
    (h) Sweat furnace. The owner or operator of a sweat furnace with 
emissions controlled by an afterburner must:
    (1) Maintain the 3-hour block average operating temperature of each 
afterburner at or above:
    (i) The average temperature established during the performance test; 
or
    (ii) 1600 [deg]F if a performance test was not conducted, and the 
afterburner meets the specifications of Sec. 63.1505(f)(1).
    (2) Operate each afterburner in accordance with the OM&M plan.
    (i) Dross-only furnace. The owner or operator of a dross-only 
furnace with emissions controlled by a fabric filter must:
    (1) If a bag leak detection system is used to meet the monitoring 
requirements in Sec. 63.1510,
    (i) Initiate corrective action within 1-hour of a bag leak detection 
system alarm and complete the corrective action procedures in accordance 
with the OM&M plan.
    (ii) Operate each fabric filter system such that the bag leak 
detection system alarm does not sound more than 5 percent of the 
operating time during 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 shall be counted 
as a minimum of 1 hour. If the owner or operator takes longer than 1 
hour to initiate corrective action, the alarm time shall be counted as 
the actual amount of time taken by the owner or operator to initiate 
corrective action.
    (2) If a continuous opacity monitoring system is used to meet the 
monitoring requirements in Sec. 63.1510, initiate corrective action 
within 1-hour of any 6-minute average reading of 5 percent or more 
opacity and complete the

[[Page 65]]

corrective action procedures in accordance with the OM&M plan.
    (3) Operate each furnace using dross and salt flux as the sole 
feedstock.
    (j) Rotary dross cooler. The owner or operator of a rotary dross 
cooler with emissions controlled by a fabric filter must:
    (1) If a bag leak detection system is used to meet the monitoring 
requirements in Sec. 63.1510,
    (i) Initiate corrective action within 1-hour of a bag leak detection 
system alarm and complete the corrective action procedures in accordance 
with the OM&M plan.
    (ii) Operate each fabric filter system such that the bag leak 
detection system alarm does not sound more than 5 percent of the 
operating time during 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 shall be counted 
as a minimum of 1 hour. If the owner or operator takes longer than 1 
hour to initiate corrective action, the alarm time shall be counted as 
the actual amount of time taken by the owner or operator to initiate 
corrective action.
    (2) If a continuous opacity monitoring system is used to meet the 
monitoring requirements in Sec. 63.1510, initiate corrective action 
within 1 hour of any 6-minute average reading of 5 percent or more 
opacity and complete the corrective action procedures in accordance with 
the OM&M plan.
    (k) In-line fluxer. The owner or operator of an in-line fluxer with 
emissions controlled by a lime-injected fabric filter must:
    (1) If a bag leak detection system is used to meet the monitoring 
requirements in Sec. 63.1510,
    (i) Initiate corrective action within 1-hour of a bag leak detection 
system alarm and complete the corrective action procedures in accordance 
with the OM&M plan.
    (ii) Operate each fabric filter system such that the bag leak 
detection system alarm does not sound more than 5 percent of the 
operating time during 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 shall be counted 
as a minimum of 1 hour. If the owner or operator takes longer than 1 
hour to initiate corrective action, the alarm time shall be counted as 
the actual amount of time taken by the owner or operator to initiate 
corrective action.
    (2) If a continuous opacity monitoring system is used to meet the 
monitoring requirements in Sec. 63.1510, initiate corrective action 
within 1 hour of any 6-minute average reading of 5 percent or more 
opacity and complete the corrective action procedures in accordance with 
the OM&M plan.
    (3) For a continuous injection system, maintain free-flowing lime in 
the hopper to the feed device at all times and maintain the lime feeder 
setting at or above the level established during the performance test.
    (4) Maintain the total reactive chlorine flux injection rate for 
each operating cycle or time period used in the performance test at or 
below the average rate established during the performance test.
    (l) In-line fluxer using no reactive flux material. The owner or 
operator of a new or existing in-line fluxer using no reactive flux 
materials must operate each in-line fluxer using no reactive flux 
materials.
    (m) Group 1 furnace with add-on air pollution control devices. The 
owner or operator of a group 1 furnace with emissions controlled by a 
lime-injected fabric filter must:
    (1) If a bag leak detection system is used to meet the monitoring 
requirements in Sec. 63.1510, the owner or operator must:
    (i) Initiate corrective action within 1 hour of a bag leak detection 
system alarm.
    (ii) Complete the corrective action procedures in accordance with 
the OM&M plan.
    (iii) Operate each fabric filter system such that the bag leak 
detection system alarm does not sound more than 5 percent of the 
operating time during a 6-month block reporting period. In calculating 
this operating time fraction,

[[Page 66]]

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 shall be counted as a minimum of 1 hour. If the 
owner or operator takes longer than 1 hour to initiate corrective 
action, the alarm time shall be counted as the actual amount of time 
taken by the owner or operator to initiate corrective action.
    (2) If a continuous opacity monitoring system is used to meet the 
monitoring requirements in Sec. 63.1510, the owner or operator must:
    (i) Initiate corrective action within 1 hour of any 6-minute average 
reading of 5 percent or more opacity; and
    (ii) Complete the corrective action procedures in accordance with 
the OM&M plan.
    (3) Maintain the 3-hour block average inlet temperature for each 
fabric filter at or below the average temperature established during the 
performance test, plus 14 [deg]C (plus 25 [deg]F).
    (4) For a continuous lime injection system, maintain free-flowing 
lime in the hopper to the feed device at all times and maintain the lime 
feeder setting at or above the level established during the performance 
test.
    (5) Maintain the total reactive chlorine flux injection rate for 
each operating cycle or time period used in the performance test at or 
below the average rate established during the performance test.
    (6) Operate each sidewell furnace such that:
    (i) The level of molten metal remains above the top of the passage 
between the sidewell and hearth during reactive flux injection, unless 
emissions from both the sidewell and the hearth are included in 
demonstrating compliance with all applicable emission limits.
    (ii) Reactive flux is added only in the sidewell, unless emissions 
from both the sidewell and the hearth are included in demonstrating 
compliance with all applicable emission limits.
    (7) The operation of capture/collection systems and control devices 
associated with natural gas-fired, propane-fired or electrically heated 
group 1 furnaces that will be idled for at least 24 hours after the 
furnace cycle has been completed may be temporarily stopped. Operation 
of these capture/collection systems and control devices must be 
restarted before feed/charge, flux or alloying materials are added to 
the furnace.
    (n) Group 1 furnace without add-on air pollution control devices. 
The owner or operator of a group 1 furnace (including a group 1 furnace 
that is part of a secondary aluminum processing unit) without add-on air 
pollution control devices must:
    (1) Maintain the total reactive chlorine flux injection rate and 
fluorine flux injection rate for each operating cycle or time period 
used in the performance test, at or below the average rate established 
during the performance test.
    (2) Operate each furnace in accordance with the work practice/
pollution prevention measures documented in the OM&M plan and within the 
parameter values or ranges established in the OM&M plan.
    (3) Operate each group 1 melting/holding furnace subject to the 
emission standards in Sec. 63.1505(i)(2) using only clean charge as the 
feedstock.
    (o) Group 2 furnace. The owner or operator of a new or existing 
group 2 furnace must:
    (1) Operate each furnace using only clean charge as the feedstock.
    (2) Operate each furnace using no reactive flux.
    (p) Corrective action. When a process parameter or add-on air 
pollution control device operating parameter deviates from the value or 
range established during the performance test and incorporated in the 
OM&M plan, the owner or operator must initiate corrective action. 
Corrective action must restore operation of the affected source or 
emission unit (including the process or control device) to its normal or 
usual mode of operation as expeditiously as practicable in accordance 
with good air pollution control practices for minimizing emissions. 
Corrective actions taken must include follow-up actions necessary to 
return the process or control device parameter level(s) to the value or 
range of values established during the performance

[[Page 67]]

test and steps to prevent the likely recurrence of the cause of a 
deviation.

[65 FR 15710, Mar. 23, 2000, as amended at 67 FR 59792, Sept. 24, 2002; 
67 FR 79816, Dec. 30, 2002; 69 FR 53984, Sept. 3, 2004; 80 FR 56740, 
Sept. 18, 2015]



Sec. Sec. 63.1507-63.1509  [Reserved]

                 Monitoring and Compliance Requirements



Sec. 63.1510  Monitoring requirements.

    (a) Summary. The owner or operator of a new or existing affected 
source or emission unit must monitor all control equipment and processes 
according to the requirements in this section. Monitoring requirements 
for each type of affected source and emission unit are summarized in 
Table 3 to this subpart. Area sources are subject to monitoring 
requirements for those affected sources listed in Sec. 63.1500(c)(1) 
through (4) of this subpart, and associated control equipment as 
required by paragraphs (b) through (k), (n) through (q), and (s) through 
(w) of this section, including but not limited to:
    (1) The OM&M plan required in paragraph (b) of this section 
pertaining to each affected source listed in Sec. 63.1500(c)(1) through 
(4) of this subpart,
    (2) The labeling requirements described in paragraph (c) of this 
section pertaining to group 1 furnaces processing other than clean 
charge, and scrap dryer/delacquering kiln/decoating kilns,
    (3) The requirements for capture and collection described in 
paragraph (d) of this section for each controlled affected source (i.e., 
affected sources with an add-on air pollution control device), listed in 
Sec. 63.1500(c)(1) through (4) of this subpart,
    (4) The feed/charge weight monitoring requirements described in 
paragraph (e) of this section applicable to group 1 furnaces processing 
other than clean charge, scrap dryer/delacquering kiln/decoating kilns 
and thermal chip dryers,
    (5) The bag leak detection system requirements described in 
paragraph (f) of this section applicable to all bag leak detection 
systems installed on fabric filters and lime injected fabric filters 
used to control each affected source listed in Sec. 63.1500(c)(1)-(4) 
of this subpart,
    (6) The requirements for afterburners described in paragraph (g) of 
this section applicable to sweat furnaces, thermal chip dryers, and 
scrap dryer/delacquering kiln/decoating kilns,
    (7) The requirements for monitoring fabric filter inlet temperature 
described in paragraph (h) of this section for all lime injected fabric 
filters used to control group 1 furnaces processing other than clean 
charge, sweat furnaces and scrap dryer/delacquering kiln/decoating 
kilns,
    (8) The requirements for monitoring lime injection described in 
paragraph (i) of this section applicable to all lime injected fabric 
filters used to control emissions from group 1 furnaces processing other 
than clean charge, thermal chip dryers, sweat furnaces and scrap dryer/
delacquering kiln/decoating kilns,
    (9) The requirements for monitoring total reactive flux injection 
described in paragraph (j) of this section for all group 1 furnaces 
processing other than clean charge,
    (10) The requirements described in paragraph (k) of this section for 
thermal chip dryers,
    (11) The requirements described in paragraph (n) of this section for 
controlled group 1 sidewell furnaces processing other than clean charge,
    (12) The requirements described in paragraph (o) of this section for 
uncontrolled group 1 sidewell furnaces processing other than clean 
charge,
    (13) The requirements described in paragraph (p) of this section for 
scrap inspection programs for uncontrolled group 1 furnaces,
    (14) The requirements described in paragraph (q) of this section for 
monitoring scrap contamination level for uncontrolled group 1 furnaces,
    (15) The requirements described in paragraph (s) of this section for 
secondary aluminum processing units, limited to compliance with limits 
for emissions of D/F from group 1 furnaces processing other than clean 
charge,
    (16) The requirements described in paragraph (t) of this section for 
secondary aluminum processing units limited to compliance with limits 
for

[[Page 68]]

emissions of D/F from group 1 furnaces processing other than clean 
charge,
    (17) The requirements described in paragraph (u) of this section for 
secondary aluminum processing units limited to compliance with limits 
for emissions of D/F from group 1 furnaces processing other than clean 
charge,
    (18) The requirements described in paragraph (v) of this section for 
alternative lime addition monitoring methods applicable to lime-injected 
fabric filters used to control emissions from group 1 furnaces 
processing other than clean charge, thermal chip dryers, sweat furnaces 
and scrap dryer/delacquering kiln/decoating kilns, and
    (19) The requirements described in paragraph (w) of this section for 
approval of alternate methods for monitoring group 1 furnaces processing 
other than clean charge, thermal chip dryers, scrap dryer/delacquering 
kiln/decoating kilns and sweat furnaces and associated control devices 
for the control of D/F emissions.
    (b) Operation, maintenance, and monitoring (OM&M) plan. The owner or 
operator must prepare and implement for each new or existing affected 
source and emission unit, a written OM&M plan. The owner or operator of 
an existing affected source must submit the OM&M plan to the permitting 
authority for major sources, or the Administrator for area sources no 
later than the compliance date established by Sec. 63.1501. The owner 
or operator of any new affected source must submit the OM&M plan to the 
permitting authority for major sources, or the Administrator for area 
sources within 90 days after a successful initial performance test under 
Sec. 63.1511(b), or within 90 days after the compliance date 
established by Sec. 63.1501 if no initial performance test is required. 
The plan must be accompanied by a written certification by the owner or 
operator that the OM&M plan satisfies all requirements of this section 
and is otherwise consistent with the requirements of this subpart. The 
owner or operator must comply with all of the provisions of the OM&M 
plan as submitted to the permitting authority for major sources, or the 
Administrator for area sources, unless and until the plan is revised in 
accordance with the following procedures. If the permitting authority 
for major sources, or the Administrator for area sources determines at 
any time after receipt of the OM&M plan that any revisions of the plan 
are necessary to satisfy the requirements of this section or this 
subpart, the owner or operator must promptly make all necessary 
revisions and resubmit the revised plan. If the owner or operator 
determines that any other revisions of the OM&M plan are necessary, such 
revisions will not become effective until the owner or operator submits 
a description of the changes and a revised plan incorporating them to 
the permitting authority for major sources, or the Administrator for 
area sources. Each plan must contain the following information:
    (1) Process and control device parameters to be monitored to 
determine compliance, along with established operating levels or ranges, 
as applicable, for each process and control device.
    (2) A monitoring schedule for each affected source and emission 
unit.
    (3) Procedures for the proper operation and maintenance of each 
process unit and add-on control device used to meet the applicable 
emission limits or standards in Sec. 63.1505.
    (4) Procedures for the proper operation and maintenance of 
monitoring devices or systems used to determine compliance, including:
    (i) Calibration and certification of accuracy of each monitoring 
device, at least once every 6 months, according to the manufacturer's 
instructions; and
    (ii) Procedures for the quality control and quality assurance of 
continuous emission or opacity monitoring systems as required by the 
general provisions in subpart A of this part.
    (5) Procedures for monitoring process and control device parameters, 
including lime injection rates, procedures for annual inspections of 
afterburners, and if applicable, the procedure to be used for 
determining charge/feed (or throughput) weight if a measurement device 
is not used.
    (6) Corrective actions to be taken when process or operating 
parameters or add-on control device parameters deviate from the value or 
range established in paragraph (b)(1) of this section, including:

[[Page 69]]

    (i) Procedures to determine and record the cause of any 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/date corrective action was 
completed.
    (7) A maintenance schedule for each process and control device that 
is consistent with the manufacturer's instructions and recommendations 
for routine and long-term maintenance.
    (8) Documentation of the work practice and pollution prevention 
measures used to achieve compliance with the applicable emission limits 
and a site-specific monitoring plan as required in paragraph (o) of this 
section for each group 1 furnace not equipped with an add-on air 
pollution control device.
    (9) Procedures to be followed when changing furnace classifications 
under the provisions of Sec. 63.1514.
    (c) Labeling. The owner or operator must inspect the labels for each 
group 1 furnace, group 2 furnace, in-line fluxer and scrap dryer/
delacquering kiln/decoating kiln at least once per calendar month to 
confirm that posted labels as required by the operational standard in 
Sec. 63.1506(b) are intact and legible.
    (d) Capture/collection system. The owner or operator must:
    (1) Install, operate, and maintain a capture/collection system for 
each affected source and emission unit equipped with an add-on air 
pollution control device; and
    (2) 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 Sec. 63.1506(c) and 
record the results of each inspection. This inspection shall include a 
volumetric flow rate measurement taken at a location in the ductwork 
downstream of the hoods that is representative of the actual volumetric 
flow rate without interference due to leaks, ambient air added for 
cooling or ducts from other hoods. The flow rate measurement must be 
performed in accordance with paragraphs (d)(2)(i), (ii), or (iii) of 
this section. As an alternative to the flow rate measurement specified 
in this paragraph, the inspection may satisfy the requirements of this 
paragraph, including the operating requirements in Sec. 63.1506(c), by 
including permanent total enclosure verification in accordance with 
paragraph (d)(2)(i) or (iv) of this section. Inspections that fail to 
successfully demonstrate that the requirements of Sec. 63.1506(c) are 
met, must be followed by repair or adjustment to the system operating 
conditions and a follow up inspection within 45 days to demonstrate that 
Sec. 63.1506(c) requirements are fully met.
    (i) Conduct annual flow rate measurements using EPA Methods 1 and 2 
in appendix A to 40 CFR part 60, or conduct annual verification of a 
permanent total enclosure using EPA Method 204; or you may follow one of 
the three alternate procedures described in paragraphs (ii), (iii), or 
(iv) of this section to maintain system operations in accordance with an 
operating limit established during the performance test. The operating 
limit is determined as the average reading of a parametric monitoring 
instrument (Magnehelic[supreg], manometer, anemometer, or other 
parametric monitoring instrument) and technique as described in 
paragraphs (d)(2)(ii), (iii), and (iv) of this section. A deviation, as 
defined in paragraphs (ii), (iii), and (iv) of this section, from the 
parametric monitoring operating limit requires the owner or operator to 
make repairs or adjustments to restore normal operation within 45 days.
    (ii) As an alternative to annual flow rate measurements using EPA 
Methods 1 and 2, measurement with EPA Methods 1 and 2 can be performed 
once every 5 years, provided that:
    (A) A flow rate indicator consisting of a pitot tube and 
differential pressure gauge (Magnehelic[supreg], manometer or other 
differential pressure gauge) is installed with the pitot tube tip 
located at a representative point of the duct proximate to the location 
of the Methods 1 and 2 measurement site; and
    (B) The flow rate indicator is installed and operated in accordance 
with the manufacturer's specifications; and
    (C) The differential pressure is recorded during the Method 2 
performance test series; and

[[Page 70]]

    (D) Daily differential pressure readings are made by taking three 
measurements with at least 5 minutes between each measurement and 
averaging the three measurements; and readings are recorded daily and 
maintained at or above 90 percent of the average pressure differential 
indicated by the flow rate indicator during the most recent Method 2 
performance test series; and
    (E) An inspection of the pitot tube and associated lines for damage, 
plugging, leakage and operational integrity is conducted at least once 
per year; or
    (iii) As an alternative to annual flow rate measurements using EPA 
Methods 1 and 2, measurement with EPA Methods 1 and 2 can be performed 
once every 5 years, provided that:
    (A) Daily measurements of the capture and collection system's fan 
revolutions per minute (RPM) or fan motor amperage (amps) are made by 
taking three measurements with at least 5 minutes between each 
measurement, and averaging the three measurements; and readings are 
recorded daily and maintained at or above 90 percent of the average RPM 
or amps measured during the most recent Method 2 performance test 
series; or
    (B) A static pressure measurement device is installed in the duct 
immediately downstream of the hood exit, and daily pressure readings are 
made by taking three measurements with at least 5 minutes between each 
measurement, and averaging the three measurements; and readings are 
recorded daily and maintained at 90 percent or better of the average 
vacuum recorded during the most recent Method 2 performance test series; 
or
    (C) A hotwire anemometer, ultrasonic flow meter, cross-duct pressure 
differential sensor, venturi pressure differential monitoring or orifice 
plate equipped with an associated thermocouple and automated data 
logging software and associated hardware is installed; and daily 
readings are made by taking three measurements with at least 5 minutes 
between each measurement, and averaging the three measurements; and 
readings are recorded daily and maintained at 90 percent or greater of 
the average readings during the most recent Method 2 performance test 
series; or
    (D) For booth-type hoods, hotwire anemometer measurements of hood 
face velocity are performed simultaneously with EPA Method 1 and 2 
measurements, and the annual hood face velocity measurements confirm 
that the enclosure draft is maintained at 90 percent or greater of the 
average readings during the most recent Method 2 performance test 
series. Daily readings are made by taking three measurements with at 
least 5 minutes between each measurement, and averaging the three 
measurements; and readings are recorded daily and maintained at 90 
percent or greater of the average readings during the most recent Method 
1 and 2 performance test series.
    (iv) As an alternative to the annual verification of a permanent 
total enclosure using EPA Method 204, verification can be performed once 
every 5 years, provided that:
    (A) Negative pressure in the enclosure is directly monitored by a 
pressure indicator installed at a representative location;
    (B) Pressure readings are recorded daily or the system is 
interlocked to halt material feed should the system not operate under 
negative pressure;
    (C) An inspection of the pressure indicator for damage and 
operational integrity is conducted at least once per calendar year.
    (3) For sweat furnaces, in lieu of paragraph (d)(2) of this section, 
the owner or operator of a sweat furnace may inspect each sweat furnace 
at least once each calendar year to ensure that they are being operated 
in accordance with the negative air flow requirements in Sec. 
63.1506(c)(4). The owner or operator of a sweat furnace must demonstrate 
negative air flow into the sweat furnace in accordance with paragraphs 
(d)(3)(i) through (iii) of this section.
    (i) Perform an annual visual smoke test to demonstrate airflow into 
the sweat furnace or towards the plane of the sweat furnace opening;
    (ii) Perform the smoke test using a smoke source, such as a smoke 
tube, smoke stick, smoke cartridge, smoke

[[Page 71]]

candle or other smoke source that produces a persistent and neutral 
buoyancy aerosol; and
    (iii) Perform the visual smoke test at a safe distance from and near 
the center of the sweat furnace opening.
    (e) Feed/charge weight. The owner or operator of an affected source 
or emission unit subject to an emission limit in kg/Mg (lb/ton) or 
[micro]g/Mg (gr/ton) of feed/charge must install, calibrate, operate, 
and maintain a device to measure and record the total weight of feed/
charge to, or the aluminum production from, the affected source or 
emission unit over the same operating cycle or time period used in the 
performance test. Feed/charge or aluminum production within SAPUs must 
be measured and recorded on an emission unit-by-emission unit basis. As 
an alternative to a measurement device, the owner or operator may use a 
procedure acceptable to the permitting authority for major sources, or 
the Administrator for area sources to determine the total weight of 
feed/charge or aluminum production to the affected source or emission 
unit.
    (1) The accuracy of the weight measurement device or procedure must 
be 1 percent of the weight being measured. The 
owner or operator may apply to the permitting agency for approval to use 
a device of alternative accuracy if the required accuracy cannot be 
achieved as a result of equipment layout or charging practices. A device 
of alternative accuracy will not be approved unless the owner or 
operator provides assurance through data and information that the 
affected source will meet the relevant emission standard.
    (2) The owner or operator must verify the calibration of the weight 
measurement device in accordance with the schedule specified by the 
manufacturer, or if no calibration schedule is specified, at least once 
every 6 months.
    (f) Fabric filters and lime-injected fabric filters. The owner or 
operator of an affected source or emission unit using a fabric filter or 
lime-injected fabric filter to comply with the requirements of this 
subpart must install, calibrate, maintain, and continuously operate a 
bag leak detection system as required in paragraph (f)(1) of this 
section or a continuous opacity monitoring system as required in 
paragraph (f)(2) of this section. The owner or operator of an aluminum 
scrap shredder must install and operate a bag leak detection system as 
required in paragraph (f)(1) of this section, install and operate a 
continuous opacity monitoring system as required in paragraph (f)(2) of 
this section, or conduct visible emission observations as required in 
paragraph (f)(3) of this section.
    (1) These requirements apply to the owner or operator of a new or 
existing affected source or existing emission unit using a bag leak 
detection system.
    (i) The owner or operator must install and operate a bag leak 
detection system for each exhaust stack of a fabric filter.
    (ii) Each bag leak detection system must be installed, calibrated, 
operated, and maintained according to the manufacturer's operating 
instructions.
    (iii) 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.
    (iv) The bag leak detection system sensor must provide output of 
relative or absolute PM loadings.
    (v) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (vi) The bag leak detection system must be equipped with an alarm 
system that will sound automatically when an increase in relative PM 
emissions over a preset level is detected. The alarm must be located 
where it is easily heard by plant operating personnel.
    (vii) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or cell. 
For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (ix) The baseline output must be established by adjusting the range 
and the averaging period of the device and

[[Page 72]]

establishing the alarm set points and the alarm delay time.
    (x) Following initial adjustment of the system, the owner or 
operator must not adjust the sensitivity or range, averaging period, 
alarm set points, or alarm delay time except as detailed in the 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.
    (2) These requirements apply to the owner or operator of a new or 
existing affected source or an existing emission unit using a continuous 
opacity monitoring system.
    (i) The owner or operator must install, calibrate, maintain, and 
operate a continuous opacity monitoring system to measure and record the 
opacity of emissions exiting each exhaust stack.
    (ii) Each continuous opacity monitoring system must meet the design 
and installation requirements of Performance Specification 1 in appendix 
B to 40 CFR part 60.
    (3) These requirements apply to the owner or operator of a new or 
existing aluminum scrap shredder who conducts visible emission 
observations. The owner or operator must:
    (i) Perform a visible emissions test for each aluminum scrap 
shredder using a certified observer at least once a day according to the 
requirements of Method 9 in appendix A to 40 CFR part 60. Each Method 9 
test must consist of five 6-minute observations in a 30-minute period; 
and
    (ii) Record the results of each test.
    (4) As an alternative to the requirements of paragraph (f)(3) of 
this section, the owner or operator of a new or existing aluminum scrap 
shredder may measure the opacity of the emissions discharged through a 
stack or stacks using ASTM Method D7520-13 (incorporated by reference, 
see Sec. 63.14) subject to the requirements of paragraphs Sec. 
63.1510(f)(4)(i) through (iv) of this section. Each test must consist of 
five 6-minute observations in a 30-minute period.
    (i) During the digital camera opacity technique (DCOT) certification 
procedure outlined in Section 9.2 of ASTM D7520-13, 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 that equipment is within manufacturing specifications as outlined 
in Section 8.1 of ASTM D7520-13.
    (iii) The owner or operator must follow the recordkeeping procedures 
outlined in Sec. 63.10(b)(1) for 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 (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 on any one reading 
and the average error must not exceed 7.5 percent opacity.
    (g) Afterburner. These requirements apply to the owner or operator 
of an affected source using an afterburner to comply with the 
requirements of this subpart.
    (1) The owner or operator must install, calibrate, maintain, and 
operate a device to continuously monitor and record the operating 
temperature of the afterburner consistent with the requirements for 
continuous monitoring systems in subpart A of this part.
    (2) The temperature monitoring device must meet each of these 
performance and equipment specifications:
    (i) The temperature monitoring device must be installed at the exit 
of the combustion zone of each afterburner.
    (ii) The monitoring system must record the temperature in 15-minute 
block averages and determine and record the average temperature for each 
3-hour block period.

[[Page 73]]

    (iii) The recorder response range must include zero and 1.5 times 
the average temperature established according to the requirements in 
Sec. 63.1512(m).
    (iv) The reference method must be a National Institute of Standards 
and Technology calibrated reference thermocouple-potentiometer system or 
alternate reference, subject to approval by the Administrator.
    (3) The owner or operator must conduct an inspection of each 
afterburner at least once a year and record the results. At a minimum, 
an inspection must include:
    (i) Inspection of all burners, pilot assemblies, and pilot sensing 
devices for proper operation and clean pilot sensor;
    (ii) Inspection for proper adjustment of combustion air;
    (iii) Inspection of internal structures (e.g., baffles) to ensure 
structural integrity;
    (iv) Inspection of dampers, fans, and blowers for proper operation;
    (v) Inspection for proper sealing;
    (vi) Inspection of motors for proper operation;
    (vii) Inspection of combustion chamber refractory lining and clean 
and replace lining as necessary;
    (viii) Inspection of afterburner shell for corrosion and/or hot 
spots;
    (ix) Documentation, for the burn cycle that follows the inspection, 
that the afterburner is operating properly and any necessary adjustments 
have been made; and
    (x) Verification that the equipment is maintained in good operating 
condition.
    (xi) Following an equipment inspection, all necessary repairs must 
be completed in accordance with the requirements of the OM&M plan.
    (h) Fabric filter inlet temperature. These requirements apply to the 
owner or operator of a scrap dryer/delacquering kiln/decoating kiln or a 
group 1 furnace using a lime-injected fabric filter to comply with the 
requirements of this subpart.
    (1) The owner or operator must install, calibrate, maintain, and 
operate a device to continuously monitor and record the temperature of 
the fabric filter inlet gases consistent with the requirements for 
continuous monitoring systems in subpart A of this part.
    (2) The temperature monitoring device must meet each of these 
performance and equipment specifications:
    (i) The monitoring system must record the temperature in 15-minute 
block averages and calculate and record the average temperature for each 
3-hour block period.
    (ii) The recorder response range must include zero and 1.5 times the 
average temperature established according to the requirements in Sec. 
63.1512(n).
    (iii) The reference method must be a National Institute of Standards 
and Technology calibrated reference thermocouple-potentiometer system or 
alternate reference, subject to approval by the Administrator.
    (i) Lime injection. These requirements apply to the owner or 
operator of an affected source or emission unit using a lime-injected 
fabric filter to comply with the requirements of this subpart.
    (1) The owner or operator of a continuous lime injection system must 
verify that lime is always free-flowing by either:
    (i) Inspecting each feed hopper or silo at least once each 8-hour 
period and recording the results of each inspection. If lime is found 
not to be free-flowing during any of the 8-hour periods, the owner or 
operator must increase the frequency of inspections to at least once 
every 4-hour period for the next 3 days. The owner or operator may 
return to inspections at least once every 8 hour period if corrective 
action results in no further blockages of lime during the 3-day period; 
or
    (ii) Subject to the approval of the permitting agency, installing, 
operating and maintaining a load cell, carrier gas/lime flow indicator, 
carrier gas pressure drop measurement system or other system to confirm 
that lime is free-flowing. If lime is found not to be free-flowing, the 
owner or operator must promptly initiate and complete corrective action, 
or
    (iii) Subject to the approval of the permitting agency, installing, 
operating and maintaining a device to monitor the concentration of HCl 
at the outlet of the fabric filter. If an increase in the concentration 
of HCl indicates that the lime is not free-flowing, the

[[Page 74]]

owner or operator must promptly initiate and complete corrective action.
    (2) The owner or operator of a continuous lime injection system must 
record the lime feeder setting once each day of operation.
    (3) An owner or operator who intermittently adds lime to a lime-
injected fabric filter must obtain approval from the permitting 
authority for major sources, or the Administrator for area sources for a 
lime addition monitoring procedure. The permitting authority for major 
sources, or the Administrator for area sources will not approve a 
monitoring procedure unless data and information are submitted 
establishing that the procedure is adequate to ensure that relevant 
emission standards will be met on a continuous basis.
    (4) At least once per month, verify that the lime injection rate in 
pounds per hour (lb/hr) is no less than 90 percent of the lime injection 
rate used to demonstrate compliance during your most recent performance 
test. If the monthly check of the lime injection rate is below the 90 
percent, the owner or operator must repair or adjust the lime injection 
system to restore normal operation within 45 days. The owner or operator 
may request from the permitting authority for major sources, or the 
Administrator for area sources, an extension of up to an additional 45 
days to demonstrate that the lime injection rate is no less than 90 
percent of the lime injection rate used to demonstrate compliance during 
the most recent performance test. In the event that a lime feeder is 
repaired or replaced, the feeder must be calibrated, and the feed rate 
must be restored to the lb/hr feed rate operating limit established 
during the most recent performance test within 45 days. The owner or 
operator may request from the permitting authority for major sources, or 
the Administrator for area sources, an extension of up to an additional 
45 days to complete the repair or replacement and establishing a new 
setting. The repair or replacement, and the establishment of the new 
feeder setting(s) must be documented in accordance with the 
recordkeeping requirements of Sec. 63.1517.
    (j) Total reactive flux injection rate. These requirements apply to 
the owner or operator of a group 1 furnace (with or without add-on air 
pollution control devices) or in-line fluxer. The owner or operator 
must:
    (1) Install, calibrate, operate, and maintain a device to 
continuously measure and record the weight of gaseous or liquid reactive 
flux injected to each affected source or emission unit.
    (i) The monitoring system must record the weight for each 15-minute 
block period, during which reactive fluxing occurs, over the same 
operating cycle or time period used in the performance test.
    (ii) The accuracy of the weight measurement device must be 1 percent of the weight of the reactive component of the 
flux being measured. The owner or operator may apply to the permitting 
authority for major sources, or the Administrator for area sources for 
permission to use a weight measurement device of alternative accuracy in 
cases where the reactive flux flow rates are so low as to make the use 
of a weight measurement device of 1 percent 
impracticable. A device of alternative accuracy will not be approved 
unless the owner or operator provides assurance through data and 
information that the affected source will meet the relevant emission 
standards.
    (iii) The owner or operator must verify the calibration of the 
weight measurement device in accordance with the schedule specified by 
the manufacturer, or if no calibration schedule is specified, at least 
once every 6 months.
    (2) Calculate and record the gaseous or liquid reactive flux 
injection rate (kg/Mg or lb/ton) for each operating cycle or time period 
used in the performance test using the procedure in Sec. 63.1512(o).
    (3) Record, for each 15-minute block period during each operating 
cycle or time period used in the performance test during which reactive 
fluxing occurs, the time, weight, and type of flux for each addition of:
    (i) Gaseous or liquid reactive flux other than chlorine; and
    (ii) Solid reactive flux.
    (4) Calculate and record the total reactive flux injection rate for 
each operating cycle or time period used in the performance test using 
the procedure

[[Page 75]]

in Sec. 63.1512(o). For solid flux that is added intermittently, record 
the amount added for each operating cycle or time period used in the 
performance test using the procedures in Sec. 63.1512(o).
    (5) The owner or operator of a group 1 furnace or in-line fluxer 
performing reactive fluxing may apply to the Administrator for approval 
of an alternative method for monitoring and recording the total reactive 
flux addition rate based on monitoring the weight or quantity of 
reactive flux per ton of feed/charge for each operating cycle or time 
period used in the performance test. An alternative monitoring method 
will not be approved unless the owner or operator provides assurance 
through data and information that the affected source will meet the 
relevant emission standards on a continuous basis.
    (k) Thermal chip dryer. These requirements apply to the owner or 
operator of a thermal chip dryer with emissions controlled by an 
afterburner. The owner or operator must:
    (1) Record the type of materials charged to the unit for each 
operating cycle or time period used in the performance test.
    (2) Submit a certification of compliance with the applicable 
operational standard for charge materials in Sec. 63.1506(f)(3) for 
each 6-month reporting period. Each certification must contain the 
information in Sec. 63.1516(b)(2)(i).
    (l) Dross-only furnace. These requirements apply to the owner or 
operator of a dross-only furnace. The owner or operator must:
    (1) Record the materials charged to each unit for each operating 
cycle or time period used in the performance test.
    (2) Submit a certification of compliance with the applicable 
operational standard for charge materials in Sec. 63.1506(i)(3) for 
each 6-month reporting period. Each certification must contain the 
information in Sec. 63.1516(b)(2)(ii).
    (m) In-line fluxers using no reactive flux. The owner or operator of 
an in-line fluxer that uses no reactive flux materials must submit a 
certification of compliance with the operational standard for no 
reactive flux materials in Sec. 63.1506(l) for each 6-month reporting 
period. Each certification must contain the information in Sec. 
63.1516(b)(2)(vi).
    (n) Sidewell group 1 furnace with add-on air pollution control 
devices. These requirements apply to the owner or operator of a sidewell 
group 1 furnace using add-on air pollution control devices. The owner or 
operator must:
    (1) Record in an operating log for each tap of a sidewell furnace 
whether the level of molten metal was above the top of the passage 
between the sidewell and hearth during reactive flux injection, unless 
the furnace hearth was also equipped with an add-on control device. If 
visual inspection of the molten metal level is not possible, the molten 
metal level must be determined using physical measurement methods.
    (2) Submit a certification of compliance with the operational 
standards in Sec. 63.1506(m)(6) for each 6-month reporting period. Each 
certification must contain the information in Sec. 63.1516(b)(2)(iii).
    (o) Group 1 furnace without add-on air pollution control devices. 
These requirements apply to the owner or operator of a group 1 furnace 
that is not equipped with an add-on air pollution control device.
    (1) The owner or operator must develop, in consultation with the 
permitting authority for major sources, or the Administrator for area 
sources, a written site-specific monitoring plan. The site-specific 
monitoring plan must be submitted to the permitting authority for major 
sources, or the Administrator for area sources as part of the OM&M plan. 
The site-specific monitoring plan must contain sufficient procedures to 
ensure continuing compliance with all applicable emission limits and 
must demonstrate, based on documented test results, the relationship 
between emissions of PM, HCl, and D/F (and HF for uncontrolled group 1 
furnaces), and the proposed monitoring parameters for each pollutant. 
Test data must establish the highest level of PM, HCl, and D/F (and HF 
for uncontrolled group 1 furnaces) that will be emitted from the furnace 
in accordance with Sec. 63.1511(b)(1). If the permitting authority for 
major sources, or the Administrator for area sources determines that any 
revisions of the site-

[[Page 76]]

specific monitoring plan are necessary to meet the requirements of this 
section or this subpart, the owner or operator must promptly make all 
necessary revisions and resubmit the revised plan.
    (i) The owner or operator of an existing affected source must submit 
the site-specific monitoring plan to the permitting authority for major 
sources, or the Administrator for area sources for review at least 6 
months prior to the compliance date.
    (ii) The permitting authority for major sources, or the 
Administrator for area sources will review and approve or disapprove a 
proposed plan, or request changes to a plan, based on whether the plan 
contains sufficient provisions to ensure continuing compliance with 
applicable emission limits and demonstrates, based on documented test 
results, the relationship between emissions of PM, HCl, and D/F (and HF 
for uncontrolled group 1 furnaces) and the proposed monitoring 
parameters for each pollutant. Test data must establish the highest 
level of PM, HCl, and D/F (and HF for uncontrolled group 1 furnaces) 
that will be emitted from the furnace. Subject to approval of the OM&M 
plan, the highest levels may be determined by conducting performance 
tests and monitoring operating parameters in accordance with Sec. 
63.1511(b)(1).
    (2) Each site-specific monitoring plan must document each work 
practice, equipment/design practice, pollution prevention practice, or 
other measure used to meet the applicable emission standards.
    (3) Each site-specific monitoring plan must include provisions for 
unit labeling as required in paragraph (c) of this section, feed/charge 
weight measurement (or production weight measurement) as required in 
paragraph (e) of this section and flux weight measurement as required in 
paragraph (j) of this section.
    (4) Each site-specific monitoring plan for a melting/holding furnace 
subject to the clean charge emission standard in Sec. 63.1505(i)(3) 
must include these requirements:
    (i) The owner or operator must record the type of feed/ charge 
(e.g., ingot, thermally dried chips, dried scrap, etc.) for each 
operating cycle or time period used in the performance test; and
    (ii) The owner or operator must submit a certification of compliance 
with the applicable operational standard for clean charge materials in 
Sec. 63.1506(n)(3) for each 6-month reporting period. Each 
certification must contain the information in Sec. 63.1516(b)(2)(iv).
    (5) If a continuous emission monitoring system is included in a 
site-specific monitoring plan, the plan must include provisions for the 
installation, operation, and maintenance of the system to provide 
quality-assured measurements in accordance with all applicable 
requirements of the general provisions in subpart A of this part.
    (6) If a continuous opacity monitoring system is included in a site-
specific monitoring plan, the plan must include provisions for the 
installation, operation, and maintenance of the system to provide 
quality-assured measurements in accordance with all applicable 
requirements of this subpart.
    (7) If a site-specific monitoring plan includes a scrap inspection 
program for monitoring the scrap contaminant level of furnace feed/
charge materials, the plan must include provisions for the demonstration 
and implementation of the program in accordance with all applicable 
requirements in paragraph (p) of this section.
    (8) If a site-specific monitoring plan includes a calculation method 
for monitoring the scrap contaminant level of furnace feed/charge 
materials, the plan must include provisions for the demonstration and 
implementation of the program in accordance with all applicable 
requirements in paragraph (q) of this section.
    (p) Scrap inspection program for group 1 furnace without add-on air 
pollution control devices. A scrap inspection program must include:
    (1) A proven method for collecting representative samples and 
measuring the oil and coatings content of scrap samples;
    (2) A scrap inspector training program;
    (3) An established correlation between visual inspection and 
physical measurement of oil and coatings content of scrap samples;

[[Page 77]]

    (4) Periodic physical measurements of oil and coatings content of 
randomly-selected scrap samples and comparison with visual inspection 
results;
    (5) A system for assuring that only acceptable scrap is charged to 
an affected group 1 furnace; and
    (6) Recordkeeping requirements to document conformance with plan 
requirements.
    (q) Monitoring of scrap contamination level by calculation method 
for group 1 furnace without add-on air pollution control devices. The 
owner or operator of a group 1 furnace dedicated to processing a 
distinct type of furnace feed/charge composed of scrap with a uniform 
composition (such as rejected product from a manufacturing process for 
which the coating-to-scrap ratio can be documented) may include a 
program in the site-specific monitoring plan for determining, 
monitoring, and certifying the scrap contaminant level using a 
calculation method rather than a scrap inspection program. A scrap 
contaminant monitoring program using a calculation method must include:
    (1) Procedures for the characterization and documentation of the 
contaminant level of the scrap prior to the performance test.
    (2) Limitations on the furnace feed/charge to scrap of the same 
composition as that used in the performance test. If the performance 
test was conducted with a mixture of scrap and clean charge, limitations 
on the proportion of scrap in the furnace feed/charge to no greater than 
the proportion used during the performance test.
    (3) Operating, monitoring, recordkeeping, and reporting requirements 
to ensure that no scrap with a contaminant level higher than that used 
in the performance test is charged to the furnace.
    (r) Group 2 furnace. These requirements apply to the owner or 
operator of a new or existing group 2 furnace. The owner or operator 
must:
    (1) Record a description of the materials charged to each furnace, 
including any nonreactive, non-HAP-containing/non-HAP-generating fluxing 
materials or agents.
    (2) Submit a certification of compliance with the applicable 
operational standard for charge materials in Sec. 63.1506(o) for each 
6-month reporting period. Each certification must contain the 
information in Sec. 63.1516(b)(2)(v).
    (s) Site-specific requirements for secondary aluminum processing 
units. (1) An owner or operator of a secondary aluminum processing unit 
at a facility must include, within the OM&M plan prepared in accordance 
with Sec. 63.1510(b), the following information:
    (i) The identification of each emission unit in the secondary 
aluminum processing unit;
    (ii) The specific control technology or pollution prevention measure 
to be used for each emission unit in the secondary aluminum processing 
unit and the date of its installation or application;
    (iii) The emission limit calculated for each secondary aluminum 
processing unit and performance test results with supporting 
calculations demonstrating initial compliance with each applicable 
emission limit;
    (iv) Information and data demonstrating compliance for each emission 
unit with all applicable design, equipment, work practice or operational 
standards of this subpart; and
    (v) The monitoring requirements applicable to each emission unit in 
a secondary aluminum processing unit and the monitoring procedures for 
daily calculation of the 3-day, 24-hour rolling average using the 
procedure in Sec. 63.1510(t).
    (2) The SAPU compliance procedures within the OM&M plan may not 
contain any of the following provisions:
    (i) Any averaging among emissions of differing pollutants;
    (ii) The inclusion of any affected sources other than emission units 
in a secondary aluminum processing unit;
    (iii) The inclusion of any emission unit while it is shutdown; or
    (iv) The inclusion of any periods of startup or shutdown in emission 
calculations.
    (3) To revise the SAPU compliance provisions within the OM&M plan 
prior to the end of the permit term, the owner or operator must submit a 
request to the permitting authority for major sources, or the 
Administrator for area sources containing the information required by 
paragraph (s)(1) of this section and obtain approval of the

[[Page 78]]

permitting authority for major sources, or the Administrator for area 
sources prior to implementing any revisions.
    (t) Secondary aluminum processing unit. Except as provided in 
paragraph (u) of this section, the owner or operator must calculate and 
record the 3-day, 24-hour rolling average emissions of PM, HCl, and D/F 
(and HF for uncontrolled group 1 furnaces) for each secondary aluminum 
processing unit on a daily basis. To calculate the 3-day, 24-hour 
rolling average, the owner or operator must:
    (1) Calculate and record the total weight of material charged to 
each emission unit in the secondary aluminum processing unit for each 
24-hour day of operation using the feed/charge weight information 
required in paragraph (e) of this section. If the owner or operator 
chooses to comply on the basis of weight of aluminum produced by the 
emission unit, rather than weight of material charged to the emission 
unit, all performance test emissions results and all calculations must 
be conducted on the aluminum production weight basis.
    (2) Multiply the total feed/charge weight to the emission unit, or 
the weight of aluminum produced by the emission unit, for each emission 
unit for the 24-hour period by the emission rate (in lb/ton of feed/
charge) for that emission unit (as determined during the performance 
test) to provide emissions for each emission unit for the 24-hour 
period, in pounds.
    (i) Where no performance test has been conducted, for a particular 
emission unit, because the owner of operator has, with the approval of 
the permitting authority for major sources, or the Administrator for 
area sources, chosen to determine the emission rate of an emission unit 
by testing a representative unit, in accordance with Sec. 63.1511(f), 
the owner or operator shall use the emission rate determined from the 
representative unit in the SAPU emission rate calculation required in 
Sec. 63.1510(t)(4).
    (ii) Except as provided in paragraph (t)(2)(iii) of this section, if 
the owner or operator has not conducted performance tests for HCl (and 
HF for an uncontrolled group 1 furnace) or for HCl for an in-line 
fluxer, in accordance with the provisions of Sec. 63.1512(d)(3), 
(e)(3), or (h)(2), the calculation required in Sec. 63.1510(t)(4) to 
determine SAPU-wide HCl and HF emissions shall be made under the 
assumption that all chlorine contained in reactive flux added to the 
emission unit is emitted as HCl and all fluorine contained in reactive 
flux added to the emission unit is emitted as HF.
    (iii) Prior to the date by which the initial performance test for HF 
emissions from uncontrolled group 1 furnaces is conducted, or is 
required to be conducted, the calculation required in Sec. 63.1505(k) 
to determine the SAPU-wide HF emission limit and the calculation 
required in Sec. 63.1510(t)(4) to determine the SAPU-wide HF emission 
rate must exclude HF emissions from untested uncontrolled group 1 
furnaces and feed/charge processed in untested uncontrolled group 1 
furnaces.
    (3) Divide the total emissions for each SAPU for the 24-hour period 
by the total material charged to the SAPU, or the weight of aluminum 
produced by the SAPU over the 24-hour period to provide the daily 
emission rate for the SAPU.
    (4) Compute the 24-hour daily emission rate using Equation 4:
    [GRAPHIC] [TIFF OMITTED] TR18SE15.010
    


[[Page 79]]


Where:

Eday = The daily PM, HCl, and D/F (and HF for uncontrolled 
          group 1 furnaces) emission rate for the secondary aluminum 
          processing unit for the 24-hour period;
Ti = The total amount of feed, or aluminum produced, for 
          emission unit i for the 24-hour period (tons or Mg);
ERi = The measured emission rate for emission unit i as 
          determined in the performance test (lb/ton or [micro]g/Mg of 
          feed/charge); and
n = The number of emission units in the secondary aluminum processing 
          unit.

    (5) Calculate and record the 3-day, 24-hour rolling average for each 
pollutant each day by summing the daily emission rates for each 
pollutant over the 3 most recent consecutive days and dividing by 3. The 
SAPU is in compliance with an applicable emission limit if the 3-day, 
24-hour rolling average for each pollutant is no greater than the 
applicable SAPU emission limit determined in accordance with Sec. 
63.1505(k)(1)-(3).
    (u) Secondary aluminum processing unit compliance by individual 
emission unit demonstration. As an alternative to the procedures of 
paragraph (t) of this section, an owner or operator may demonstrate, 
through performance tests, that each individual emission unit within the 
secondary aluminum production unit is in compliance with the applicable 
emission limits for the emission unit.
    (v) Alternative monitoring method for lime addition. The owner or 
operator of a lime-coated fabric filter that employs intermittent or 
noncontinuous lime addition may apply to the Administrator for approval 
of an alternative method for monitoring the lime addition schedule and 
rate based on monitoring the weight of lime added per ton of feed/charge 
for each operating cycle or time period used in the performance test. An 
alternative monitoring method will not be approved unless the owner or 
operator provides assurance through data and information that the 
affected source will meet the relevant emission standards on a 
continuous basis.
    (w) Alternative monitoring methods. If an owner or operator wishes 
to use an alternative monitoring method to demonstrate compliance with 
any emission standard in this subpart, other than those alternative 
monitoring methods which may be authorized pursuant to Sec. 
63.1510(j)(5) and Sec. 63.1510(v), the owner or operator may submit an 
application to the Administrator. Any such application will be processed 
according to the criteria and procedures set forth in paragraphs (w)(1) 
through (6) of this section.
    (1) The Administrator will not approve averaging periods other than 
those specified in this section.
    (2) The owner or operator must continue to use the original 
monitoring requirement until necessary data are submitted and approval 
is received to use another monitoring procedure.
    (3) The owner or operator shall submit the application for approval 
of alternate monitoring methods no later than the notification of the 
performance test. The application must contain the information specified 
in paragraphs (w)(3) (i) through (iii) of this section:
    (i) Data or information justifying the request, such as the 
technical or economic infeasibility, or the impracticality of using the 
required approach;
    (ii) A description of the proposed alternative monitoring 
requirements, including the operating parameters to be monitored, the 
monitoring approach and technique, and how the limit is to be 
calculated; and
    (iii) Data and information documenting that the alternative 
monitoring requirement(s) would provide equivalent or better assurance 
of compliance with the relevant emission standard(s).
    (4) The Administrator will not approve an alternate monitoring 
application unless it would provide equivalent or better assurance of 
compliance with the relevant emission standard(s). Before disapproving 
any alternate monitoring application, the Administrator will provide:
    (i) Notice of the information and findings upon which the intended 
disapproval is based; and
    (ii) Notice of opportunity for the owner or operator to present 
additional supporting information before final action is taken on the 
application. This notice will specify how much additional time is 
allowed for the owner or operator to provide additional supporting 
information.

[[Page 80]]

    (5) The owner or operator is responsible for submitting any 
supporting information in a timely manner to enable the Administrator to 
consider the application prior to the performance test. Neither 
submittal of an application nor the Administrator's failure to approve 
or disapprove the application relieves the owner or operator of the 
responsibility to comply with any provisions of this subpart.
    (6) The Administrator may decide at any time, on a case-by-case 
basis, that additional or alternative operating limits, or alternative 
approaches to establishing operating limits, are necessary to 
demonstrate compliance with the emission standards of this subpart.

[65 FR 15710, Mar. 23, 2000, as amended at 67 FR 59792, Sept. 24, 2002; 
67 FR 79816, Dec. 30, 2002; 69 FR 53984, Sept. 3, 2004; 80 FR 56741, 
Sept. 18, 2015; 81 FR 38087, June 13, 2016]



Sec. 63.1511  Performance test/compliance demonstration general requirements.

    (a) Site-specific test plan. Prior to conducting any performance 
test required by this subpart, the owner or operator must prepare a 
site-specific test plan which satisfies all of the rule requirements, 
and must obtain approval of the plan pursuant to the procedures set 
forth in Sec. 63.7. Performance tests shall be conducted under such 
conditions as the Administrator specifies to the owner or operator based 
on representative performance of the affected source for the period 
being tested. Upon request, the owner or operator shall make available 
to the Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (b) Initial performance test. Following approval of the site-
specific test plan, the owner or operator must demonstrate initial 
compliance with each applicable emission, equipment, work practice, or 
operational standard for each affected source and emission unit, and 
report the results in the notification of compliance status report as 
described in Sec. 63.1515(b). The owner or operator of any affected 
source constructed before February 14, 2012, for which an initial 
performance test is required to demonstrate compliance must conduct this 
initial performance test no later than the date for compliance 
established by Sec. 63.1501. The owner or operator of any affected 
source constructed or reconstructed after February 14, 2012, for which 
an initial performance test is required must conduct this initial 
performance test within 180 days after the date for compliance 
established by Sec. 63.1501. Except for the date by which the 
performance test must be conducted, the owner or operator must conduct 
each performance test in accordance with the requirements and procedures 
set forth in Sec. 63.7(c). Owners or operators of affected sources 
located at facilities which are area sources are subject only to those 
performance testing requirements pertaining to D/F. Owners or operators 
of sweat furnaces meeting the specifications of Sec. 63.1505(f)(1) are 
not required to conduct a performance test.
    (1) The performance tests must be conducted under representative 
conditions expected to produce the highest level of HAP emissions 
expressed in the units of the emission standards for the HAP 
(considering the extent of feed/charge contamination, reactive flux 
addition rate and feed/charge rate). If a single test condition is not 
expected to produce the highest level of emissions for all HAP, testing 
under two or more sets of conditions (for example high contamination at 
low feed/charge rate, and low contamination at high feed/charge rate) 
may be required. Any subsequent performance tests for the purposes of 
establishing new or revised parametric limits shall be allowed upon pre-
approval from the permitting authority for major sources, or the 
Administrator for area sources. These new parametric settings shall be 
used to demonstrate compliance for the period being tested.
    (2) Each performance test for a continuous process must consist of 3 
separate runs; pollutant sampling for each run must be conducted for the 
time period specified in the applicable method or, in the absence of a 
specific time period in the test method, for a minimum of 3 hours.
    (3) Each performance test for a batch process must consist of three 
separate runs; pollutant sampling for each run must be conducted over 
the entire process operating cycle. Additionally,

[[Page 81]]

for batch processes where the length of the process operating cycle is 
not known in advance, and where isokinetic sampling must be conducted 
based on the procedures in Method 5 in appendix A to part 60, use the 
following procedure to ensure that sampling is conducted over the entire 
process operating cycle:
    (i) Choose a minimum operating cycle length and begin sampling 
assuming this minimum length will be the run time (e.g., if the process 
operating cycle is known to last from four to six hours, then assume a 
sampling time of four hours and divide the sampling time evenly between 
the required number of traverse points);
    (ii) After each traverse point has been sampled once, begin sampling 
each point again for the same time per point, in the reverse order, 
until the operating cycle is complete. All traverse points as required 
by Method 1 of appendix A to part 60, must be sampled at least once 
during each test run;
    (iii) In order to distribute the sampling time most evenly over all 
the traverse points, do not perform all runs using the same sampling 
point order (e.g., if there are four ports and sampling for run 1 began 
in port 1, then sampling for run 2 could begin in port 4 and continue in 
reverse order.)
    (4) Where multiple affected sources or emission units are exhausted 
through a common stack, pollutant sampling for each run must be 
conducted over a period of time during which all affected sources or 
emission units complete at least 1 entire process operating cycle or for 
24 hours, whichever is shorter.
    (5) Initial compliance with an applicable emission limit or standard 
is demonstrated if the average of three runs conducted during the 
performance test is less than or equal to the applicable emission limit 
or standard.
    (6) Apply paragraphs (b)(1) through (5) of this section for each 
pollutant separately if a different production rate, charge material or, 
if applicable, reactive fluxing rate would apply and thereby result in a 
higher expected emissions rate for that pollutant.
    (7) The owner or operator may not conduct performance tests during 
periods of malfunction.
    (c) Test methods. The owner or operator must use the following 
methods in appendix A to 40 CFR part 60 to determine compliance with the 
applicable emission limits or standards:
    (1) Method 1 for sample and velocity traverses.
    (2) Method 2 for velocity and volumetric flow rate.
    (3) Method 3 for gas analysis.
    (4) Method 4 for moisture content of the stack gas.
    (5) Method 5 for the concentration of PM.
    (6) Method 9 for visible emission observations.
    (7) Method 23 for the concentration of D/F.
    (8) Method 25A for the concentration of THC, as propane.
    (9) Method 26A for the concentration of HCl and HF. Method 26 may 
also be used, except at sources where entrained water droplets are 
present in the emission stream. Where a lime-injected fabric filter is 
used as the control device to comply with the 90 percent reduction 
standard, the owner or operator must measure the fabric filter inlet 
concentration of HCl at a point before lime is introduced to the system.
    (d) Alternative methods. The owner or operator may use alternative 
test methods as provided in paragraphs (d)(1) through (3) of this 
section.
    (1) The owner or operator may use test method ASTM D7520-13 as an 
alternative to EPA Method 9 subject to conditions described in Sec. 
63.1510(f)(4).
    (2) In lieu of conducting the annual flow rate measurements using 
Methods 1 and 2, the owner or operator may use Method 204 in Appendix M 
to 40 CFR part 51 to conduct annual verification of a permanent total 
enclosure for the affected source/emission unit.
    (3) The owner or operator may use an alternative test method 
approved by the Administrator.
    (e) Repeat tests. The owner or operator of new or existing affected 
sources and emission units located at secondary aluminum production 
facilities that are major sources must conduct a performance test every 
5 years following the initial performance test.
    (f) Testing of representative emission units. With the prior 
approval of the permitting authority for major

[[Page 82]]

sources, or the Administrator for area sources, an owner or operator may 
utilize emission rates obtained by testing a particular type of group 1 
furnace that does not have an add-on air pollution control device, or by 
testing an in-line flux box that does not have an add-on air pollution 
control device, to determine the emission rate for other units of the 
same type at the same facility. Such emission test results may only be 
considered to be representative of other units if all of the following 
criteria are satisfied:
    (1) The tested emission unit must use feed materials and charge 
rates which are comparable to the emission units that it represents;
    (2) The tested emission unit must use the same type of flux 
materials in the same proportions as the emission units it represents;
    (3) The tested emission unit must be operated utilizing the same 
work practices as the emission units that it represents;
    (4) The tested emission unit must be of the same design as the 
emission units that it represents; and
    (5) The tested emission unit must be tested under the highest load 
or capacity reasonably expected to occur for any of the emission units 
that it represents.
    (6) All 3 separate runs of a performance test must be conducted on 
the same emission unit.
    (g) Establishment of monitoring and operating parameter values. The 
owner or operator of new or existing affected sources and emission units 
must establish a minimum or maximum operating parameter value, or an 
operating parameter range for each parameter to be monitored as required 
by Sec. 63.1510 that ensures compliance with the applicable emission 
limit or standard. To establish the minimum or maximum value or range, 
the owner or operator must use the appropriate procedures in this 
section and submit the information required by Sec. 63.1515(b)(4) in 
the notification of compliance status report. The owner or operator may 
use existing data in addition to the results of performance tests to 
establish operating parameter values for compliance monitoring provided 
each of the following conditions are met to the satisfaction of the 
permitting authority for major sources, or the Administrator for area 
sources:
    (1) The complete emission test report(s) used as the basis of the 
parameter(s) is submitted.
    (2) The same test methods and procedures as required by this subpart 
were used in the test.
    (3) The owner or operator certifies that no design or work practice 
changes have been made to the source, process, or emission control 
equipment since the time of the report.
    (4) All process and control equipment operating parameters required 
to be monitored were monitored as required in this subpart and 
documented in the test report.
    (5) If the owner or operator wants to conduct a new performance test 
and establish different operating parameter values, they must submit a 
revised site specific test plan and receive approval in accordance with 
paragraph (a) of this section. In addition, if an owner or operator 
wants to use existing data in addition to the results of the new 
performance test to establish operating parameter values, they must meet 
the requirements in paragraphs (g)(1) through (4) of this section.
    (h) Testing of commonly-ducted units within a secondary aluminum 
processing unit. When group 1 furnaces and/or in-line fluxers are 
included in a single existing SAPU or new SAPU, and the emissions from 
more than one emission unit within that existing SAPU or new SAPU are 
manifolded to a single control device, compliance for all units within 
the SAPU is demonstrated if the total measured emissions from all 
controlled and uncontrolled units in the SAPU do not exceed the emission 
limits calculated for that SAPU based on the applicable equation in 
Sec. 63.1505(k).
    (i) Testing of commonly-ducted units not within a secondary aluminum 
processing unit. With the prior approval of the permitting authority for 
major sources, or the Administrator for area sources, an owner or 
operator may do combined performance testing of two or more individual 
affected sources or emission units which are not included in a single 
existing SAPU or new SAPU, but whose emissions are

[[Page 83]]

manifolded to a single control device. Any such performance testing of 
commonly-ducted units must satisfy the following basic requirements:
    (1) All testing must be designed to verify that each affected source 
or emission unit individually satisfies all emission requirements 
applicable to that affected source or emission unit;
    (2) All emissions of pollutants subject to a standard must be tested 
at the outlet from each individual affected source or emission unit 
while operating under the highest load or capacity reasonably expected 
to occur, and prior to the point that the emissions are manifolded 
together with emissions from other affected sources or emission units;
    (3) The combined emissions from all affected sources and emission 
units which are manifolded to a single emission control device must be 
tested at the outlet of the emission control device;
    (4) All tests at the outlet of the emission control device must be 
conducted with all affected sources and emission units whose emissions 
are manifolded to the control device operating simultaneously under the 
highest load or capacity reasonably expected to occur; and
    (5) For purposes of demonstrating compliance of a commonly-ducted 
unit with any emission limit for a particular type of pollutant, the 
emissions of that pollutant by the individual unit shall be presumed to 
be controlled by the same percentage as total emissions of that 
pollutant from all commonly-ducted units are controlled at the outlet of 
the emission control device.

[65 FR 15710, Mar. 23, 2000, as amended at 67 FR 59792, Sept. 24, 2002; 
67 FR 79817, Dec. 30, 2002; 79 FR 11284, Feb. 27, 2014; 80 FR 56745, 
Sept. 18, 2015; 81 FR 38087, June 13, 2016]



Sec. 63.1512  Performance test/compliance demonstration requirements 
and procedures.

    (a) Aluminum scrap shredder. The owner or operator must conduct 
performance tests to measure PM emissions at the outlet of the control 
system. If visible emission observation is the selected monitoring 
option, the owner or operator must record visible emission observations 
from each exhaust stack for all consecutive 6-minute periods during the 
PM emission test according to the requirements of Method 9 in appendix A 
to 40 CFR part 60. If emissions observations by ASTM Method D7520-13 
(incorporated by reference, see Sec. 63.14) is the selected monitoring 
option, the owner or operator must record opacity observations from each 
exhaust stack for all consecutive 6-minute periods during the PM 
emission test.
    (b) Thermal chip dryer. The owner or operator must conduct a 
performance test to measure THC and D/F emissions at the outlet of the 
control device while the unit processes only unpainted aluminum chips.
    (c) Scrap dryer/delacquering kiln/decoating kiln. The owner or 
operator must conduct performance tests to measure emissions of THC, D/
F, HCl, and PM at the outlet of the control device.
    (1) If the scrap dryer/delacquering kiln/decoating kiln is subject 
to the alternative emission limits in Sec. 63.1505(e), the average 
afterburner operating temperature in each 3-hour block period must be 
maintained at or above 760 [deg]C (1400 [deg]F) for the test.
    (2) The owner or operator of a scrap dryer/delacquering kiln/
decoating kiln subject to the alternative limits in Sec. 63.1505(e) 
must submit a written certification in the notification of compliance 
status report containing the information required by Sec. 
63.1515(b)(7).
    (d) Group 1 furnace with add-on air pollution control devices. (1) 
The owner or operator of a group 1 furnace that processes scrap other 
than clean charge materials with emissions controlled by a lime-injected 
fabric filter must conduct performance tests to measure emissions of PM 
and D/F at the outlet of the control device and emissions of HCl at the 
outlet (for the emission limit) or the inlet and the outlet (for the 
percent reduction standard).
    (2) The owner or operator of a group 1 furnace that processes only 
clean charge materials with emissions controlled by a lime-injected 
fabric filter must conduct performance tests to measure emissions of PM 
at the outlet of the control device and emissions of HCl at the outlet 
(for the emission

[[Page 84]]

limit) or the inlet and the outlet (for the percent reduction standard).
    (3) The owner or operator may choose to determine the rate of 
reactive flux addition to the group 1 furnace and assume, for the 
purposes of demonstrating compliance with the SAPU emission limit, that 
all reactive flux added to the group 1 furnace is emitted. Under these 
circumstances, the owner or operator is not required to conduct an 
emission test for HCl.
    (4) The owner or operator of a sidewell group 1 furnace that 
conducts reactive fluxing (except for cover flux) in the hearth, or that 
conducts reactive fluxing in the sidewell at times when the level of 
molten metal falls below the top of the passage between the sidewell and 
the hearth, must conduct the performance tests required by paragraph 
(d)(1) or (d)(2) of this section, to measure emissions from both the 
sidewell and the hearth.
    (e) Group 1 furnace (including melting holding furnaces) without 
add-on air pollution control devices. In the site-specific monitoring 
plan required by Sec. 63.1510(o), the owner or operator of a group 1 
furnace (including a melting/holding furnaces) without add-on air 
pollution control devices must include data and information 
demonstrating compliance with the applicable emission limits.
    (1) If the group 1 furnace processes other than clean charge 
material, the owner or operator must conduct emission tests to measure 
emissions of PM, HCl, HF, and D/F at the furnace exhaust outlet.
    (2) If the group 1 furnace processes only clean charge, the owner or 
operator must conduct emission tests to simultaneously measure emissions 
of PM, HCl and HF. A D/F test is not required. Each test must be 
conducted while the group 1 furnace (including a melting/holding 
furnace) processes only clean charge.
    (3) The owner or operator may choose to determine the rate of 
reactive flux addition to the group 1 furnace and assume, for the 
purposes of demonstrating compliance with the SAPU emission limit, that 
all chlorine and fluorine contained in reactive flux added to the group 
1 furnace is emitted as HCl and HF. Under these circumstances, the owner 
or operator is not required to conduct an emission test for HCl or HF.
    (4) When testing an existing uncontrolled furnace, the owner or 
operator must comply with the requirements of either paragraphs 
(e)(4)(i), (ii), or (iii) of this section at the next required 
performance test required by Sec. 63.1511(e).
    (i) Install hooding that meets ACGIH Guidelines (incorporated by 
reference, see Sec. 63.14), or
    (ii) At least 180 days prior to testing petition the permitting 
authority for major sources, or the Administrator for area sources, that 
such hoods are impractical under the provisions of paragraph (e)(6) of 
this section and propose testing procedures that will minimize 
unmeasured emissions during the performance test according to the 
paragraph (e)(7) of this section, or
    (iii) Assume an 80-percent capture efficiency for the furnace 
exhaust (i.e., multiply emissions measured at the furnace exhaust outlet 
by 1.25). If the source fails to demonstrate compliance using the 80-
percent capture efficiency assumption, the owner or operator must re-
test with a hood that meets the ACGIH Guidelines within 180 days, or 
petition the permitting authority for major sources, or the 
Administrator for area sources, within 180 days that such hoods are 
impractical under the provisions of paragraph (e)(6) of this section and 
propose testing procedures that will minimize unmeasured emissions 
during the performance test according to paragraph (e)(7) of this 
section.
    (iv) The 80-percent capture efficiency assumption is not applicable 
in the event of testing conducted under an approved petition submitted 
pursuant to paragraphs (e)(4)(ii) or (iii) of this section.
    (v) Round top furnaces constructed before February 14, 2012, and 
reconstructed round top furnaces are exempt from the requirements of 
paragraphs (e)(4)(i), (ii), and (iii) of this section. Round top 
furnaces must be operated to minimize unmeasured emissions according to 
paragraph (e)(7) of this section.
    (5) When testing a new uncontrolled furnace, other than a new round 
top furnace, constructed after February 14,

[[Page 85]]

2012, the owner or operator must comply with the requirements of 
paragraph (e)(5)(i) or (ii) of this section at the next required 
performance test required by Sec. 63.1511(e). When testing a new round 
top furnace constructed after February 14, 2012, the owner or operator 
must comply with the requirements of either paragraphs (e)(5)(i), (ii), 
or (iii) of this section at the next required performance test required 
by Sec. 63.1511(e).
    (i) Install hooding that meets ACGIH Guidelines (incorporated by 
reference, see Sec. 63.14), or
    (ii) At least 180 days prior to testing petition the permitting 
authority for major sources, or the Administrator for area sources, that 
such hoods are impractical under the provisions of paragraph (e)(6) of 
this section and propose testing procedures that will minimize 
unmeasured emissions during the performance test according to the 
paragraph (e)(7) of this section, or
    (iii) Assume an 80-percent capture efficiency for the furnace 
exhaust (i.e., multiply emissions measured at the furnace exhaust outlet 
by 1.25). If the source fails to demonstrate compliance using the 80-
percent capture efficiency assumption, the owner or operator must re-
test with a hood that meets the ACGIH Guidelines within 180 days, or 
petition the permitting authority for major sources, or the 
Administrator for area sources, within 180 days that such hoods are 
impractical under the provisions of paragraph (e)(6) of this section and 
propose testing procedures that will minimize unmeasured emissions 
during the performance test according to paragraph (e)(7) of this 
section.
    (iv) The 80-percent capture efficiency assumption is not applicable 
in the event of testing conducted under an approved petition submitted 
pursuant to paragraphs (e)(5)(ii) or (iii) of this section.
    (6) The installation of hooding that meets ACGIH Guidelines 
(incorporated by reference, see Sec. 63.14) is considered impractical 
if any of the following conditions exist:
    (i) Building or equipment obstructions (for example, wall, ceiling, 
roof, structural beams, utilities, overhead crane or other obstructions) 
are present such that the temporary hood cannot be located consistent 
with acceptable hood design and installation practices;
    (ii) Space limitations or work area constraints exist such that the 
temporary hood cannot be supported or located to prevent interference 
with normal furnace operations or avoid unsafe working conditions for 
the furnace operator; or
    (iii) Other obstructions and limitations subject to agreement of the 
permitting authority for major sources, or the Administrator for area 
sources.
    (7) Testing procedures that will minimize unmeasured emissions may 
include, but are not limited to the following:
    (i) Installing a hood that does not entirely meet ACGIH guidelines;
    (ii) Using the building as an enclosure, and measuring emissions 
exhausted from the building if there are no other furnaces or other 
significant sources in the building of the pollutants to be measured;
    (iii) Installing temporary baffles on those sides or top of furnace 
opening if it is practical to do so where they will not interfere with 
material handling or with the furnace door opening and closing;
    (iv) Minimizing the time the furnace doors are open or the top is 
off;
    (v) Delaying gaseous reactive fluxing until charging doors are 
closed and, for round top furnaces, until the top is on;
    (vi) Agitating or stirring molten metal as soon as practicable after 
salt flux addition and closing doors as soon as possible after solid 
fluxing operations, including mixing and dross removal;
    (vii) Keeping building doors and other openings closed to the 
greatest extent possible to minimize drafts that would divert emissions 
from being drawn into the furnace;
    (viii) Maintaining burners on low-fire or pilot operation while the 
doors are open or the top is off;
    (ix) Use of fans or other device to direct flow into a furnace when 
door is open; or
    (x) Removing the furnace cover one time in order to add a smaller 
but representative charge and then replacing the cover.

[[Page 86]]

    (f) Sweat furnace. Except as provided in Sec. 63.1505(f)(1), the 
owner or operator must measure emissions of D/F from each sweat furnace 
at the outlet of the control device.
    (g) Dross-only furnace. The owner or operator must conduct a 
performance test to measure emissions of PM from each dross-only furnace 
at the outlet of each control device while the unit processes only dross 
and salt flux as the sole feedstock.
    (h) In-line fluxer. (1) The owner or operator of an in-line fluxer 
that uses reactive flux materials must conduct a performance test to 
measure emissions of HCl and PM or otherwise demonstrate compliance in 
accordance with paragraph (h)(2) of this section. If the in-line fluxer 
is equipped with an add-on control device, the emissions must be 
measured at the outlet of the control device.
    (2) The owner or operator may choose to limit the rate at which 
reactive flux is added to an in-line fluxer and assume, for the purposes 
of demonstrating compliance with the SAPU emission limit, that all 
chlorine in the reactive flux added to the in-line fluxer is emitted as 
HCl. Under these circumstances, the owner or operator is not required to 
conduct an emission test for HCl. If the owner or operator of any in-
line flux box that has no ventilation ductwork manifolded to any outlet 
or emission control device chooses to demonstrate compliance with the 
emission limits for HCl by limiting use of reactive flux and assuming 
that all chlorine in the flux is emitted as HCl, compliance with the HCl 
limit shall also constitute compliance with the emission limit for PM 
and no separate emission test for PM is required. In this case, the 
owner or operator of the unvented in-line flux box must use the maximum 
permissible PM emission rate for the in-line flux boxes when determining 
the total emissions for any SAPU which includes the flux box.
    (i) Rotary dross cooler. The owner or operator must conduct a 
performance test to measure PM emissions at the outlet of the control 
device.
    (j) Secondary aluminum processing unit. The owner or operator must 
conduct performance tests as described in paragraphs (j)(1) through (3) 
of this section. The results of the performance tests are used to 
establish emission rates in lb/ton of feed/charge for PM, HCl and HF and 
[micro]g TEQ/Mg of feed/charge for D/F emissions from each emission 
unit. These emission rates are used for compliance monitoring in the 
calculation of the 3-day, 24-hour rolling average emission rates using 
the equation in Sec. 63.1510(t). A performance test is required for:
    (1) Each group 1 furnace processing only clean charge to measure 
emissions of PM and either:
    (i) Emissions of HF and HCl (for determining the emission limit); or
    (ii) The mass flow rate of HCl at the inlet to and outlet from the 
control device (for the percent reduction standard).
    (2) Each group 1 furnace that processes scrap other than clean 
charge to measure emissions of PM and D/F and either:
    (i) Emissions of HF and HCl (for determining the emission limit); or
    (ii) The mass flow rate of HCl at the inlet to and outlet from the 
control device (for the percent reduction standard).
    (3) Each in-line fluxer to measure emissions of PM and HCl.
    (k) Feed/charge weight measurement. During the emission test(s) 
conducted to determine compliance with emission limits in a kg/Mg (lb/
ton) format, the owner or operator of an affected source or emission 
unit, subject to an emission limit in a kg/Mg (lb/ton) of feed/charge 
format, must measure (or otherwise determine) and record the total 
weight of feed/charge to the affected source or emission unit for each 
of the three test runs and calculate and record the total weight. An 
owner or operator that chooses to demonstrate compliance on the basis of 
the aluminum production weight must measure the weight of aluminum 
produced by the emission unit or affected source instead of the feed/
charge weight.
    (l) Continuous opacity monitoring system. The owner or operator of 
an affected source or emission unit using a continuous opacity 
monitoring system must conduct a performance evaluation to demonstrate 
compliance with

[[Page 87]]

Performance Specification 1 in appendix B to 40 CFR part 60. Following 
the performance evaluation, the owner or operator must measure and 
record the opacity of emissions from each exhaust stack for all 
consecutive 6-minute periods during the PM emission test.
    (m) Afterburner. These requirements apply to the owner or operator 
of an affected source using an afterburner to comply with the 
requirements of this subpart.
    (1) Prior to the initial performance test, the owner or operator 
must conduct a performance evaluation for the temperature monitoring 
device according to the requirements of Sec. 63.8.
    (2) The owner or operator must use these procedures to establish an 
operating parameter value or range for the afterburner operating 
temperature.
    (i) Continuously measure and record the operating temperature of 
each afterburner every 15 minutes during the THC and D/F performance 
tests;
    (ii) Determine and record the 15-minute block average temperatures 
for the three test runs; and
    (iii) Determine and record the 3-hour block average temperature 
measurements for the 3 test runs.
    (n) Inlet gas temperature. The owner or operator of a scrap dryer/
delacquering kiln/decoating kiln or a group 1 furnace using a lime-
injected fabric filter must use these procedures to establish an 
operating parameter value or range for the inlet gas temperature.
    (1) Continuously measure and record the temperature at the inlet to 
the lime-injected fabric filter every 15 minutes during the HCl and D/F 
performance tests;
    (2) Determine and record the 15-minute block average temperatures 
for the 3 test runs; and
    (3) Determine and record the 3-hour block average of the recorded 
temperature measurements for the 3 test runs.
    (o) Flux injection rate. The owner or operator must use these 
procedures to establish an operating parameter value or range for the 
total reactive chlorine flux injection rate and, for uncontrolled 
furnaces, the total reactive fluorine flux injection rate.
    (1) Continuously measure and record the weight of gaseous or liquid 
reactive flux injected for each 15 minute period during the HCl, HF and 
D/F tests, determine and record the 15-minute block average weights, and 
calculate and record the total weight of the gaseous or liquid reactive 
flux for the 3 test runs;
    (2) Record the identity, composition, and total weight of each 
addition of solid reactive flux for the 3 test runs;
    (3) Determine the total reactive chlorine flux injection rate and, 
for uncontrolled furnaces, the total reactive fluorine flux injection 
rate by adding the recorded measurement of the total weight of chlorine 
and, for uncontrolled furnaces, fluorine in the gaseous or liquid 
reactive flux injected and the total weight of chlorine and, for 
uncontrolled furnaces, fluorine in the solid reactive flux using 
Equation 5:
[GRAPHIC] [TIFF OMITTED] TR18SE15.011


Where:

Wt = Total chlorine or fluorine usage, by weight;
F1 = Fraction of gaseous or liquid flux that is chlorine or 
          fluorine;
W1 = Weight of reactive flux gas injected;
F2 = Fraction of solid reactive chloride flux that is 
          chlorine (e.g., F = 0.75 for magnesium chloride) or fraction 
          of solid reactive fluoride flux that is fluorine (e.g., F = 
          0.33 for potassium fluoride); and
W2 = Weight of solid reactive flux;

    (4) Divide the weight of total chlorine or fluorine usage 
(Wt) for the 3 test runs by the recorded measurement of the 
total weight of feed for the 3 test runs; and
    (5) If a solid reactive flux other than magnesium chloride or 
potassium fluoride is used, the owner or operator must derive the 
appropriate proportion factor subject to approval by the permitting 
authority for major sources, or the Administrator for area sources.

[[Page 88]]

    (p) Lime injection. The owner or operator of an affected source or 
emission unit using a lime-injected fabric filter system must use these 
procedures during the HCl and D/F tests to establish an operating 
parameter value for the feeder setting for each operating cycle or time 
period used in the performance test.
    (1) For continuous lime injection systems, ensure that lime in the 
feed hopper or silo is free-flowing at all times; and
    (2) Record the feeder setting and lime injection rate for the 3 test 
runs. If the feed rate setting and lime injection rates vary between the 
runs, determine and record the average feed rate and lime injection rate 
from the 3 runs.
    (q) Bag leak detection system. The owner or operator of an affected 
source or emission unit using a bag leak detection system must submit 
the information described in Sec. 63.1515(b)(6) as part of the 
notification of compliance status report to document conformance with 
the specifications and requirements in Sec. 63.1510(f).
    (r) Labeling. The owner or operator of each scrap dryer/delacquering 
kiln/decoating kiln, group 1 furnace, group 2 furnace and in-line fluxer 
must submit the information described in Sec. 63.1515(b)(3) as part of 
the notification of compliance status report to document conformance 
with the operational standard in Sec. 63.1506(b).
    (s) Capture/collection system. The owner or operator of a new or 
existing affected source or emission unit with an add-on control device 
must submit the information described in Sec. 63.1515(b)(2) as part of 
the notification of compliance status report to document conformance 
with the operational standard in Sec. 63.1506(c).

[65 FR 15710, Mar. 23, 2000, as amended at 67 FR 79817, Dec. 30, 2002; 
69 FR 53984, Sept. 3, 2004; 80 FR 56746, Sept. 18, 2015; 81 FR 38087, 
June 13, 2016]



Sec. 63.1513  Equations for determining compliance.

    (a) THC emission limit. Use Equation 6 to determine compliance with 
an emission limit for THC:
[GRAPHIC] [TIFF OMITTED] TR23MR00.004

Where,

E = Emission rate of measured pollutant, kg/Mg (lb/ton) of feed;
C = Measured volume fraction of pollutant, ppmv;
MW = Molecular weight of measured pollutant, g/g-mole (lb/lb-mole): THC 
          (as propane) = 44.11;
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr);
K1 = Conversion factor, 1 kg/1,000 g (1 lb/lb);
K2 = Conversion factor, 1,000 L/m\3\ (1 ft\3\/ft\3\);
Mv = Molar volume, 24.45 L/g-mole (385.3 ft\3\/lb-mole); and
P = Production rate, Mg/hr (ton/hr).

    (b) PM, HCl, HF and D/F emission limits. (1) Use Equation 7 of this 
section to determine compliance with an emission limit for PM, HCl or 
HF:
[GRAPHIC] [TIFF OMITTED] TR18SE15.012


Where:

E = Emission rate of PM, HCl or HF, in kg/Mg (lb/ton) of feed;
C = Concentration of PM, HCl or HF, in g/dscm (gr/dscf);
Q = Volumetric flow rate of exhaust gases, in dscm/hr (dscf/hr);
K1 = Conversion factor, 1 kg/1,000 g (1 lb/7,000 gr); and
P = Production rate, in Mg/hr (ton/hr).

    (2) Use Equation 7A of this section to determine compliance with an 
emission limit for D/F:
[GRAPHIC] [TIFF OMITTED] TR03SE04.019

Where:

E = Emission rate of D/F, [micro]g/Mg (gr/ton) of feed;
C = Concentration of D/F, [micro]g/dscm (gr/dscf);
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr); and
P = Production rate, Mg/hr (ton/hr).

    (c) HCl percent reduction standard. Use Equation 8 to determine 
compliance

[[Page 89]]

with an HCl percent reduction standard:
[GRAPHIC] [TIFF OMITTED] TR23MR00.006

Where,

%R = Percent reduction of the control device;
Li = Inlet loading of pollutant, kg/Mg (lb/ton); and
Lo = Outlet loading of pollutant, kg/Mg (lb/ton).

    (d) Conversion of D/F measurements to TEQ units. To convert D/F 
measurements to TEQ units, the owner or operator must use the procedures 
and equations in Interim Procedures for Estimating Risks Associated with 
Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins and -
Dibenzofurans (CDDs and CDFs) and 1989 Update, incorporated by reference 
see Sec. 63.14.
    (e) Secondary aluminum processing unit. Use the procedures in 
paragraphs (e)(1), (2), and (3) or the procedure in paragraph (e)(4) of 
this section to determine compliance with emission limits for a 
secondary aluminum processing unit.
    (1) Use Equation 9 to compute the mass-weighted PM emissions for a 
secondary aluminum processing unit. Compliance is achieved if the mass-
weighted emissions for the secondary aluminum processing unit 
(EcPM) is less than or equal to the emission limit for the 
secondary aluminum processing unit (LcPM) calculated using 
Equation 1 in Sec. 63.1505(k).
[GRAPHIC] [TIFF OMITTED] TR18SE15.013


Where:

EcPM = The mass-weighted PM emissions for the secondary 
          aluminum processing unit;
EtiPM = Measured PM emissions for individual emission unit, 
          or group of co-controlled emission units, i;
Tti = The average feed rate for individual emission unit i 
          during the operating cycle or performance test period, or the 
          sum of the average feed rates for all emission units in the 
          group of co-controlled emission units i; and
n = The number of emission units, and groups of co-controlled emission 
          units in the secondary aluminum processing unit.

    (2) Use Equation 10 to compute the aluminum mass-weighted HCl or HF 
emissions for the secondary aluminum processing unit. Compliance is 
achieved if the mass-weighted emissions for the secondary aluminum 
processing unit (EcHCl/HF) is less than or equal to the 
emission limit for the secondary aluminum processing unit 
(LcHCl/HF) calculated using Equation 2 in Sec. 63.1505(k).
[GRAPHIC] [TIFF OMITTED] TR18SE15.014

Where:

EcHCl/HF = The mass-weighted HCl or HF emissions for the 
          secondary aluminum processing unit; and

[[Page 90]]

EtiHCl/HF = Measured HCl or HF emissions for individual 
          emission unit, or group of co-controlled emission units i.

    (3) Use Equation 11 to compute the aluminum mass-weighted D/F 
emissions for the secondary aluminum processing unit. Compliance is 
achieved if the mass-weighted emissions for the secondary aluminum 
processing unit is less than or equal to the emission limit for the 
secondary aluminum processing unit (LcD/F) calculated using 
Equation 3 in Sec. 63.1505(k).
[GRAPHIC] [TIFF OMITTED] TR18SE15.015


Where:

EcD/F = The mass-weighted D/F emissions for the secondary 
          aluminum processing unit; and
EtiD/F = Measured D/F emissions for individual emission unit, 
          or group of co-controlled emission units i.

    (4) As an alternative to using the equations in paragraphs (e)(1), 
(2), and (3) of this section, the owner or operator may demonstrate 
compliance for a secondary aluminum processing unit by demonstrating 
that each existing group 1 furnace is in compliance with the emission 
limits for a new group 1 furnace in Sec. 63.1505(i) and that each 
existing in-line fluxer is in compliance with the emission limits for a 
new in-line fluxer in Sec. 63.1505(j).
    (f) Periods of startup and shutdown. For a new or existing affected 
source, or a new or existing emission unit subject to an emissions limit 
in paragraphs Sec. 63.1505(b) through (j) expressed in units of pounds 
per ton of feed/charge, or [micro]g TEQ or ng TEQ per Mg of feed/charge, 
demonstrate compliance during periods of startup and shutdown in 
accordance with paragraph (f)(1) of this section or determine your 
emissions per unit of feed/charge during periods of startup and shutdown 
in accordance with paragraph (f)(2) of this section. Startup and 
shutdown emissions for group 1 furnaces and in-line fluxers must be 
calculated individually, and not on the basis of a SAPU. Periods of 
startup and shutdown are excluded from the calculation of SAPU emission 
limits in Sec. 63.1505(k), the SAPU monitoring requirements in Sec. 
63.1510(t) and the SAPU emissions calculations in Sec. 63.1513(e).
    (1) For periods of startup and shutdown, records establishing a 
feed/charge rate of zero, a flux rate of zero, and that the affected 
source or emission unit was either heated with electricity, propane or 
natural gas as the sole sources of heat or was not heated, may be used 
to demonstrate compliance with the emission limit, or
    (2) For periods of startup and shutdown, divide your measured 
emissions in lb/hr or [micro]g/hr or ng/hr by the feed/charge rate in 
tons/hr or Mg/hr from your most recent performance test associated with 
a production rate greater than zero, or the rated capacity of the 
affected source if no prior performance test data are available.

[65 FR 15710, Mar. 23, 2000, as amended at 69 FR 53984, Sept. 3, 2004; 
80 FR 56748, Sept. 18, 2015; 81 FR 38088, June 13, 2016]



Sec. 63.1514  Change of furnace classification.

    The requirements of this section are in addition to the other 
requirements of this subpart that apply to group 1 and group 2 furnaces.
    (a) Changing from a group 1 controlled furnace processing other than 
clean charge to group 1 uncontrolled furnace processing other than clean 
charge. An owner or operator wishing to change operating modes must 
conduct performance tests in accordance with Sec. Sec. 63.1511 and 
63.1512 to demonstrate to the permitting authority for major sources, or 
the Administrator for area sources that compliance can be

[[Page 91]]

achieved under both modes. Operating parameters relevant to each mode of 
operation must be established during the performance test.
    (1) Operators of major sources must conduct performance tests for 
PM, HCl and D/F, according to the procedures in Sec. 63.1512(d) with 
the capture system and control device operating normally if compliance 
has not been previously demonstrated in this operating mode. Performance 
tests must be repeated at least once every 5 years to demonstrate 
compliance for each operating mode.
    (i) Testing under this paragraph must be conducted in accordance 
with Sec. 63.1511(b)(1) in the controlled mode.
    (ii) Operating parameters must be established during these tests, as 
required by Sec. 63.1511(g).
    (iii) The emission factors for this mode of operation for use in the 
demonstration of compliance with the emission limits for SAPUs specified 
in Sec. 63.1505(k) must be determined.
    (2) Operators of major sources must conduct performance tests for 
PM, HCl, HF and D/F, according to the procedures in Sec. 63.1512(e) 
without operating a control device if compliance has not been previously 
demonstrated for this operating mode. Performance tests must be repeated 
at least once every 5 years to demonstrate compliance for each operating 
mode.
    (i) Testing under this paragraph must be conducted in accordance 
with Sec. 63.1511(b)(1) in the uncontrolled mode.
    (ii) Testing under this paragraph must be conducted with furnace 
emissions captured in accordance with the provisions of Sec. 63.1506(c) 
and directed to the stack or vent tested.
    (iii) Operating parameters representing uncontrolled operation must 
be established during these tests, as required by Sec. 63.1511(g). For 
furnaces in batch (cyclic) operation, the number of tap-to-tap cycles 
(including zero, if none) elapsed using the feed/charge type, feed/
charge rate and flux rate must be established as a parameter to be met 
before changing to uncontrolled mode. For furnaces in continuous (non-
cyclic) operation, the time period elapsed (including no time, if none) 
using the feed/charge type, feed/charge rate and flux rate must be 
established as a parameter to be met before changing to uncontrolled 
mode.
    (iv) The emission factors for this mode of operation for use in the 
demonstration of compliance with the emission limits for SAPUs specified 
in Sec. 63.1505(k) must be determined.
    (3) Operators of area sources must conduct performance tests for D/
F, according to the procedures in Sec. 63.1512(d) with the capture 
system and control device operating normally, if compliance has not been 
previously demonstrated for this operating mode.
    (i) Testing under this paragraph must be conducted in accordance 
with Sec. 63.1511(b)(1) in the controlled mode.
    (ii) Operating parameters must be established during these tests, as 
required by Sec. 63.1511(g).
    (iii) The D/F emission factor for this mode of operation for use in 
the demonstration of compliance with the emission limits for SAPUs 
specified in Sec. 63.1505(k) must be determined.
    (4) Operators of area sources must conduct performance tests for D/
F, according to the procedures in Sec. 63.1512(e) without operating a 
control device, if compliance has not been previously demonstrated for 
this operating mode.
    (i) Testing under this paragraph must be conducted in accordance 
with Sec. 63.1511(b)(1).
    (ii) Testing under this paragraph must be conducted with furnace 
emissions captured in accordance with the provisions of Sec. 63.1506(c) 
and directed to the stack or vent tested.
    (iii) Operating parameters representing uncontrolled operation must 
be established during these tests, as required by Sec. 63.1511(g). For 
furnaces in batch (cyclic) operation, the number of tap-to-tap cycles 
(including zero, if none) elapsed using the feed/charge type, feed/
charge rate and flux rate must be established as a parameter to be met 
before changing to uncontrolled mode. For furnaces in continuous (non-
cyclic) operation, the time period elapsed (including no time, if none) 
using the feed/charge type, feed/charge rate and flux rate must be 
established as a parameter to be met before changing to uncontrolled 
mode.
    (iv) The D/F emission factor for this mode of operation for use in 
the demonstration of compliance with the

[[Page 92]]

emission limits for SAPUs specified in Sec. 63.1505(k) must be 
determined.
    (5) To change modes of operation from uncontrolled to controlled, 
the owner or operator must perform the following, before charging scrap 
to the furnace that exceeds the contaminant level established for 
uncontrolled mode:
    (i) Change the label on the furnace to reflect controlled operation;
    (ii) Direct the furnace emissions to the control device;
    (iii) Turn on the control device and begin lime addition to the 
control device at the rate established for controlled mode; and
    (iv) Ensure the control device is operating properly.
    (6) To change modes of operation from controlled to uncontrolled, 
the owner or operator must perform the following, before turning off or 
bypassing the control device:
    (i) Change the label on the furnace to reflect uncontrolled 
operation;
    (ii) Charge scrap with a level of contamination no greater than that 
used in the performance test for uncontrolled furnaces for the number of 
tap-to-tap cycles that elapsed (or, for continuously operated furnaces, 
the time elapsed) before the uncontrolled mode performance test was 
conducted; and
    (iii) Decrease the flux addition rate to no higher than the flux 
addition rate used in the uncontrolled mode performance test.
    (7) In addition to the recordkeeping requirements of Sec. 63.1517, 
the owner or operator must maintain records of the nature of each mode 
change (controlled to uncontrolled, or uncontrolled to controlled), the 
time the change is initiated, and the time the exhaust gas is diverted 
from control device to bypass or bypass to control device.
    (b) Changing from a group 1 controlled furnace processing other than 
clean charge to a group 1 uncontrolled furnace processing clean charge. 
An owner or operator wishing to change operating modes must conduct 
performance tests in accordance with Sec. Sec. 63.1511 and 63.1512 to 
demonstrate to the permitting authority for major sources, or the 
Administrator for area sources that compliance can be achieved in both 
modes. Operating parameters relevant to each mode of operation must be 
established during the performance test.
    (1) Operators of major sources must conduct performance tests for 
PM, HCl and D/F, according to the procedures in Sec. 63.1512(d) with 
the capture system and control device operating normally if compliance 
has not been previously demonstrated in this operating mode. Performance 
tests must be repeated at least once every 5 years to demonstrate 
compliance for each operating mode.
    (i) Testing under this paragraph must be conducted in accordance 
with Sec. 63.1511(b)(1) in the controlled mode.
    (ii) Operating parameters must be established during these tests, as 
required by Sec. 63.1511(g).
    (iii) The emission factors for this mode of operation for use in the 
demonstration of compliance with the emission limits for SAPUs specified 
in Sec. 63.1505(k) must be determined.
    (2) Operators of major sources must conduct performance tests for 
PM, HCl, HF and D/F, according to the procedures in Sec. 63.1512(e) 
without operating a control device if compliance has not been previously 
demonstrated for this operating mode. Performance tests must be repeated 
at least once every 5 years to demonstrate compliance for each operating 
mode.
    (i) Testing under this paragraph may be conducted at any time after 
operation with clean charge has commenced.
    (ii) Testing under this paragraph must be conducted with furnace 
emissions captured in accordance with the provisions of Sec. 63.1506(c) 
and directed to the stack or vent tested.
    (iii) Operating parameters representing uncontrolled operation must 
be established during these tests, as required by Sec. 63.1511(g). For 
furnaces in batch (cyclic) operation, the number of tap-to-tap cycles 
(including zero, if none) elapsed using the feed/charge type, feed/
charge rate and flux rate must be established as a parameter to be met 
before changing to uncontrolled mode. For furnaces in continuous (non-
cyclic) operation, the time period elapsed (including no time if none) 
using the feed/charge type, feed/charge rate and flux rate must be 
established as a parameter to be met before changing to uncontrolled 
mode.

[[Page 93]]

    (iv) Emissions of D/F during this test must not exceed 1.5 [micro]g 
TEQ/Mg of feed/charge.
    (v) The emission factors for this mode of operation for use in the 
demonstration of compliance with the emission limits for SAPUs specified 
in Sec. 63.1505(k), must be determined.
    (3) Operators of area sources must conduct performance tests for D/
F, according to the procedures in Sec. 63.1512(d) with the capture 
system and control device operating normally, if compliance has not been 
previously demonstrated for this operating mode.
    (i) Testing under this paragraph must be conducted in accordance 
with Sec. 63.1511(b)(1).
    (ii) Operating parameters must be established during these tests, as 
required by Sec. 63.1511(g).
    (iii) The D/F emission factor for this mode of operation for use in 
the demonstration of compliance with the emission limits for SAPUs 
specified in Sec. 63.1505(k) must be determined.
    (4) Operators of area sources must conduct performance tests for D/
F, according to the procedures in Sec. 63.1512(e) without operating a 
control device if compliance has not been previously demonstrated for 
this operating mode.
    (i) Testing under this paragraph must be conducted at any time after 
operation with clean charge has commenced and must be conducted in 
accordance with Sec. 63.1511(b)(1) and under representative conditions 
expected to produce the highest level of D/F in the uncontrolled mode.
    (ii) Testing under this paragraph must be conducted with furnace 
emissions captured in accordance with the provisions of Sec. 63.1506(c) 
and directed to the stack or vent tested.
    (iii) Operating parameters representing uncontrolled operation must 
be established during these tests, as required by Sec. 63.1511(g). For 
furnaces in batch (cyclic) operation, the number of tap-to-tap cycles 
elapsed (including zero, if none) using the feed/charge type, feed/
charge rate and flux rate must be established as a parameter to be met 
before changing to uncontrolled mode. For furnaces in continuous (non-
cyclic) operation, the time period elapsed (including no time, if none) 
using the feed/charge type, feed/charge rate and flux rate must be 
established as a parameter to be met before changing to uncontrolled 
mode.
    (iv) Emissions of D/F during this test must not exceed 1.5 [micro]g 
TEQ/Mg of feed/charge.
    (5) To change modes of operation from uncontrolled to controlled, 
the owner or operator must perform the following, before charging scrap 
to the furnace that exceeds the contaminant level established for 
uncontrolled mode:
    (i) Change the label on the furnace to reflect controlled operation;
    (ii) Direct the furnace emissions to the control device;
    (iii) Turn on the control device and begin lime addition to the 
control device at the rate established for controlled mode; and
    (iv) Ensure the control device is operating properly.
    (6) To change modes of operation from controlled to uncontrolled, 
the owner or operator must perform the following, before turning off or 
bypassing the control device:
    (i) Change the label on the furnace to reflect uncontrolled 
operation;
    (ii) Charge clean charge for the number of tap-to-tap cycles that 
elapsed (or, for continuously operated furnaces, the time elapsed) 
before the uncontrolled mode performance test was conducted; and
    (iii) Decrease the flux addition rate to no higher than the flux 
addition rate used in the uncontrolled mode performance test.
    (7) In addition to the recordkeeping requirements of Sec. 63.1517, 
the owner or operator must maintain records of the nature of each mode 
change (controlled to uncontrolled, or uncontrolled to controlled), the 
time the furnace operating mode change is initiated, and the time the 
exhaust gas is diverted from control device to bypass or from bypass to 
control device.
    (c) Changing from a group 1 controlled or uncontrolled furnace to a 
group 2 furnace. An owner or operator wishing to change operating modes 
must conduct performance tests in accordance with Sec. Sec. 63.1511 and 
63.1512 to demonstrate to the permitting authority for major sources, or 
the Administrator for area sources that compliance can be

[[Page 94]]

achieved under both modes and establish the number of cycles (or time) 
of operation with clean charge and no reactive flux addition necessary 
before changing to group 2 mode. Operating parameters relevant to group 
1 operation must be established during the performance test.
    (1) Operators of major sources must conduct performance tests for 
PM, HCl and D/F (and HF for uncontrolled group 1 furnaces) according to 
the procedures in Sec. 63.1512 if compliance has not been previously 
demonstrated for the operating mode. Controlled group 1 furnaces must 
conduct performance tests according to the procedures in Sec. 
63.1512(d) with the capture system and control device operating 
normally. Uncontrolled group 1 furnaces must conduct performance tests 
according to the procedures in Sec. 63.1512(e) without operating a 
control device. Performance tests must be repeated at least once every 5 
years to demonstrate compliance for each operating mode.
    (i) Testing under this paragraph must be conducted in accordance 
with Sec. 63.1511(b)(1) in both modes.
    (ii) Operating parameters must be established during these tests, as 
required by Sec. 63.1511(g).
    (iii) The emission factors for this mode of operation for use in the 
demonstration of compliance with the emission limits for SAPUs specified 
in Sec. 63.1505(k) must be determined.
    (2) While in compliance with the operating requirements of Sec. 
63.1506(o) for group 2 furnaces, operators of major sources must conduct 
performance tests for PM, HCl, HF and D/F, according to the procedures 
in Sec. 63.1512(e) without operating a control device if compliance has 
not been previously demonstrated for this operating mode. Performance 
tests must be repeated at least once every 5 years to demonstrate 
compliance for each operating mode.
    (i) Testing under this paragraph may be conducted at any time after 
the furnace has commenced operation with clean charge and without 
reactive flux addition.
    (ii) Testing under this paragraph must be conducted with furnace 
emissions captured in accordance with the provisions of Sec. 63.1506(c) 
and directed to the stack or vent tested.
    (iii) Owners or operators must demonstrate that emissions are no 
greater than:
    (A) 1.5 [micro]g D/F (TEQ) per Mg of feed/charge;
    (B) 0.040 lb HCl or HF per ton of feed/charge; and
    (C) 0.040 lb PM per ton of feed/charge.
    (iv) The number of tap-to-tap cycles, or time elapsed between 
starting operation with clean charge and no reactive flux addition and 
the group 2 furnace performance test must be established as an operating 
parameter to be met before changing to group 2 mode.
    (3) Operators of area sources must conduct a performance tests for 
D/F, according to the procedures in Sec. 63.1512 if compliance has not 
been previously demonstrated for the operating mode. Controlled group 1 
furnaces must conduct performance tests according to the procedures in 
Sec. 63.1512(d) with the capture system and control device operating 
normally. Uncontrolled group 1 furnaces must conduct performance tests 
according to the procedures in Sec. 63.1512(e) without operating a 
control device.
    (i) The performance tests must be conducted in accordance with Sec. 
63.1511(b)(1) under representative conditions expected to produce the 
highest expected level of D/F in the group 1 mode.
    (ii) Operating parameters must be established during these tests, as 
required by Sec. 63.1511(g).
    (iii) The D/F emission factor for this mode of operation, for use in 
the demonstration of compliance with the emission limits for SAPUs 
specified in Sec. 63.1505(k) must be determined.
    (4) While in compliance with the operating requirements of Sec. 
63.1506(o) for group 2 furnaces, operators of area sources must conduct 
performance tests for D/F, according to the procedures in Sec. 
63.1512(e) without operating a control device if compliance has not been 
previously demonstrated for this operating mode.
    (i) Testing under this paragraph may be conducted at any time after 
the furnace has commenced operation with clean charge, and without 
reactive flux addition.

[[Page 95]]

    (ii) Testing under this paragraph must be conducted with furnace 
emissions captured in accordance with the provisions of Sec. 63.1506(c) 
and directed to the stack or vent tested.
    (iii) Owners or operators must demonstrate that emissions are no 
greater than 1.5 [micro]g D/F (TEQ) per Mg of feed/charge.
    (iv) The number of tap-to-tap cycles, or time elapsed between 
starting operation with clean charge and no reactive flux and the group 
2 furnace performance tests must be established as an operating 
parameter to be met before changing to group 2 mode.
    (5) To change modes of operation from a group 2 furnace to a group 1 
furnace, the owner or operator must perform the following before adding 
other than clean charge and before adding reactive flux to the furnace:
    (i) Change the label on the furnace to reflect group 1 operation;
    (ii) Direct the furnace emissions to the control device, if it is 
equipped with a control device;
    (iii) If the furnace is equipped with a control device, turn on the 
control device and begin lime addition to the control device at the rate 
established for group 1 mode; and
    (iv) Ensure the control device is operating properly.
    (6) To change mode of operation from a group 1 furnace to group 2 
furnace, the owner or operator must perform the following, before 
turning off or bypassing the control device:
    (i) Change the label on the furnace to reflect group 2 operation;
    (ii) Charge clean charge for the number of tap-to-tap cycles that 
elapsed (or, for continuously operated furnaces, the time elapsed) 
before the group 2 performance test was conducted; and,
    (iii) Use no reactive flux.
    (7) In addition to the recordkeeping requirements of Sec. 63.1517, 
the owner or operator must maintain records of the nature of each mode 
change (controlled or uncontrolled to group 2), the time the change is 
initiated, and the time the exhaust gas is diverted from control device 
to bypass or from bypass to control device.
    (d) Changing from a group 1 controlled or uncontrolled furnace to 
group 2 furnace, for tilting reverberatory furnaces capable of 
completely removing furnace contents between batches. An owner or 
operator of a tilting reverberatory furnace capable of completely 
removing furnace contents between batches who wishes to change operating 
modes must conduct performance tests in accordance with Sec. Sec. 
63.1511 and 63.1512 to demonstrate to the permitting authority for major 
sources, or the Administrator for area sources that compliance can be 
achieved under group 1 modes. Operating parameters relevant to group 1 
operation must be established during the performance test.
    (1) Operators of major sources must conduct performance tests for 
PM, HCl, and D/F (and HF for uncontrolled furnaces) according to the 
procedures in Sec. 63.1512 if compliance has not been previously 
demonstrated for this operating mode. Controlled group 1 furnaces must 
conduct performance tests with the capture system and control device 
operating normally if compliance has not been previously demonstrated 
for the operating mode. Controlled group 1 furnaces must conduct 
performance tests according to the procedures in Sec. 63.1512(d) with 
the capture system and control device operating normally. Uncontrolled 
group 1 furnaces must conduct performance tests according to the 
procedures in Sec. 63.1512(e) without operating a control device. 
Performance tests must be repeated at least once every 5 years to 
demonstrate compliance for each operating mode.
    (i) Testing under this paragraph must be conducted in accordance 
with Sec. 63.1511(b)(1) in both modes.
    (ii) Operating parameters must be established during these tests, as 
required by Sec. 63.1511(g).
    (iii) The emission factors for this mode of operation for use in the 
demonstration of compliance with the emission limits for SAPUs specified 
in Sec. 63.1505(k), must be determined.
    (2) Operators of area sources must conduct performance tests for D/F 
according to the procedures in Sec. 63.1512 if compliance has not been 
previously demonstrated for this operating mode. Controlled group 1 
furnaces must conduct performance tests according to the procedures in 
Sec. 63.1512(d) with the

[[Page 96]]

capture system and control device operating normally. Uncontrolled group 
1 furnaces must conduct performance tests according to the procedures in 
Sec. 63.1512(e) without operating a control device.
    (i) The performance test must be conducted in accordance with Sec. 
63.1511(b)(1) under representative conditions expected to produce the 
highest expected level of D/F in the group 1 mode.
    (ii) Operating parameters must be established during these tests, as 
required by Sec. 63.1511(g).
    (iii) The D/F emission factor for this mode of operation for use in 
the demonstration of compliance with the emission limits for SAPUs 
specified in Sec. 63.1505(k) must be determined.
    (3) To change modes of operation from a group 1 furnace to a group 2 
furnace, the owner or operator must perform the following before turning 
off or bypassing the control device:
    (i) Completely remove all aluminum from the furnace;
    (ii) Change the label on the furnace to reflect group 2 operation;
    (iii) Use only clean charge; and
    (iv) Use no reactive flux.
    (4) To change modes of operation from a group 2 furnace to a group 1 
furnace, the owner or operator must perform the following before adding 
other than clean charge and before adding reactive flux to the furnace:
    (i) Change the label on the furnace to reflect group 1 operation;
    (ii) Direct the furnace emissions to the control device, if it is 
equipped with a control device;,
    (iii) If the furnace is equipped with a control device, turn on the 
control device and begin lime addition to the control device at the rate 
established for group 1 mode; and
    (iv) Ensure the control device is operating properly.
    (5) In addition to the recordkeeping requirements of Sec. 63.1517, 
the owner or operator must maintain records of the nature of each mode 
change (group 1 to group 2, or group 2 to group 1), the time the furnace 
operating mode change is initiated, and, if the furnace is equipped with 
a control device, the time the exhaust gas is diverted from control 
device to bypass or from bypass to control device.
    (e) Limit on frequency of changing furnace operating mode. (1) A 
change in furnace operating mode, which consists of changing from one 
furnace operating mode to another and subsequently back to the initial 
operating mode, as provided in paragraphs (a) through (d) of this 
section, may not be done more frequently than 4 times in any 6-month 
period unless you receive approval from the permitting authority or 
Administrator for additional changes pursuant to paragraph (e)(2).
    (2) If additional changes are needed, the owner or operator must 
apply in advance to the permitting authority, for major sources, or the 
Administrator, for area sources, for approval of the additional changes 
in operating mode.

[80 FR 56749, Sept. 18, 2015, as amended at 81 FR 38088, June 13, 2016]

                   Notifications, Reports, And Records



Sec. 63.1515  Notifications.

    (a) Initial notifications. The owner or operator must submit initial 
notifications to the permitting authority for major sources, or the 
Administrator for area sources as described in paragraphs (a)(1) through 
(7) of this section.
    (1) As required by Sec. 63.9(b)(1), the owner or operator must 
provide notification for an area source that subsequently increases its 
emissions such that the source is a major source subject to the 
standard.
    (2) As required by Sec. 63.9(b)(3), the owner or operator of a new 
or reconstructed affected source, or a source that has been 
reconstructed such that it is an affected source, that has an initial 
startup after the effective date of this subpart and for which an 
application for approval of construction or reconstruction is not 
required under Sec. 63.5(d), must provide notification that the source 
is subject to the standard.
    (3) As required by Sec. 63.9(b)(4), the owner or operator of a new 
or reconstructed major affected source that has an initial startup after 
the effective date of this subpart and for which an application for 
approval of construction or reconstruction is required by Sec. 63.5(d) 
must provide the following notifications:

[[Page 97]]

    (i) Intention to construct a new major affected source, reconstruct 
a major source, or reconstruct a major source such that the source 
becomes a major affected source;
    (ii) Date when construction or reconstruction was commenced 
(submitted simultaneously with the application for approval of 
construction or reconstruction if construction or reconstruction was 
commenced before the effective date of this subpart, or no later than 30 
days after the date construction or reconstruction commenced if 
construction or reconstruction commenced after the effective date of 
this subpart);
    (iii) Anticipated date of startup; and
    (iv) Actual date of startup.
    (4) As required by Sec. 63.9(b)(5), after the effective date of 
this subpart, an owner or operator who intends to construct a new 
affected source or reconstruct an affected source subject to this 
subpart, or reconstruct a source such that it becomes an affected source 
subject to this subpart, must provide notification of the intended 
construction or reconstruction. The notification must include all the 
information required for an application for approval of construction or 
reconstruction as required by Sec. 63.5(d). For major sources, the 
application for approval of construction or reconstruction may be used 
to fulfill these requirements.
    (i) The application must be submitted as soon as practicable before 
the construction or reconstruction is planned to commence (but no sooner 
than the effective date) if the construction or reconstruction commences 
after the effective date of this subpart; or
    (ii) The application must be submitted as soon as practicable before 
startup but no later than 90 days after the effective date of this 
subpart if the construction or reconstruction had commenced and initial 
startup had not occurred before the effective date.
    (5) As required by Sec. 63.9(d), the owner or operator must provide 
notification of any special compliance obligations for a new source.
    (6) As required by Sec. 63.9(e) and (f), the owner or operator must 
provide notification of the anticipated date for conducting performance 
tests and visible emission observations. The owner or operator must 
notify the Administrator of the intent to conduct a performance test at 
least 60 days before the performance test is scheduled; notification of 
opacity or visible emission observations for a performance test must be 
provided at least 30 days before the observations are scheduled to take 
place.
    (7) As required by Sec. 63.9(g), the owner or operator must provide 
additional notifications for sources with continuous emission monitoring 
systems or continuous opacity monitoring systems.
    (b) Notification of compliance status report. Each owner or operator 
of an existing affected source must submit a notification of compliance 
status report within 60 days after the compliance date established by 
Sec. 63.1501. Each owner or operator of a new affected source must 
submit a notification of compliance status report within 90 days after 
conducting the initial performance test required by Sec. 63.1511(b), or 
within 90 days after the compliance date established by Sec. 63.1501 if 
no initial performance test is required. The notification must be signed 
by the responsible official who must certify its accuracy. A complete 
notification of compliance status report must include the information 
specified in paragraphs (a)(1) through (10) of this section. The 
required information may be submitted in an operating permit 
application, in an amendment to an operating permit application, in a 
separate submittal, or in any combination. In a State with an approved 
operating permit program where delegation of authority under section 
112(l) of the CAA has not been requested or approved, the owner or 
operator must provide duplicate notification to the applicable Regional 
Administrator. If an owner or operator submits the information specified 
in this section at different times or in different submittals, later 
submittals may refer to earlier submittals instead of duplicating and 
resubmitting the information previously submitted. A complete 
notification of compliance status report must include:
    (1) All information required in Sec. 63.9(h). The owner or operator 
must provide a complete performance test report for each affected source 
and

[[Page 98]]

emission unit for which a performance test is required. A complete 
performance test report includes all data, associated measurements, and 
calculations (including visible emission and opacity tests).
    (2) The approved site-specific test plan and performance evaluation 
test results for each continuous monitoring system (including a 
continuous emission or opacity monitoring system).
    (3) Unit labeling as described in Sec. 63.1506(b), including 
process type or furnace classification and operating requirements.
    (4) The compliant operating parameter value or range established for 
each affected source or emission unit with supporting documentation and 
a description of the procedure used to establish the value (e.g., lime 
injection rate, total reactive chlorine flux injection rate, total 
reactive fluorine flux injection rate for uncontrolled group 1 furnaces, 
afterburner operating temperature, fabric filter inlet temperature), 
including the operating cycle or time period used in the performance 
test.
    (5) Design information and analysis, with supporting documentation, 
demonstrating conformance with the requirements for capture/collection 
systems in Sec. 63.1506(c).
    (6) If applicable, analysis and supporting documentation 
demonstrating conformance with EPA guidance and specifications for bag 
leak detection systems in Sec. 63.1510(f).
    (7) Manufacturer's specification or analysis documenting the design 
residence time of no less than 1 second for each afterburner used to 
control emissions from a scrap dryer/delacquering kiln/decoating kiln 
subject to alternative emission standards in Sec. 63.1505(e).
    (8) Manufacturer's specification or analysis documenting the design 
residence time of no less than 0.8 seconds and design operating 
temperature of no less than 1,600 [deg]F for each afterburner used to 
control emissions from a sweat furnace that is not subject to a 
performance test.
    (9) The OM&M plan (including site-specific monitoring plan for each 
group 1 furnace with no add-on air pollution control device).

[65 FR 15710, Mar. 23, 2000, as amended at 67 FR 59793, Sept. 24, 2002; 
67 FR 79818, Dec. 30, 2002; 80 FR 56752, Sept. 18, 2015; 81 FR 38088, 
June 13, 2016]



Sec. 63.1516  Reports.

    (a) [Reserved]
    (b) Excess emissions/summary report. The owner or operator of a 
major or area source must submit semiannual reports according to the 
requirements in Sec. 63.10(e)(3). Except, the owner or operator must 
submit the semiannual reports within 60 days after the end of each 6-
month period instead of within 30 days after the calendar half as 
specified in Sec. 63.10(e)(3)(v). When no deviations of parameters have 
occurred, the owner or operator must submit a report stating that no 
excess emissions occurred during the reporting period.
    (1) A report must be submitted if any of these conditions occur 
during a 6-month reporting period:
    (i) The corrective action specified in the OM&M plan for a bag leak 
detection system alarm was not initiated within 1 hour.
    (ii) The corrective action specified in the OM&M plan for a 
continuous opacity monitoring deviation was not initiated within 1 hour.
    (iii) The corrective action specified in the OM&M plan for visible 
emissions from an aluminum scrap shredder was not initiated within 1 
hour.
    (iv) An excursion of a compliant process or operating parameter 
value or range (e.g., lime injection rate or screw feeder setting, total 
reactive chlorine flux injection rate, afterburner operating 
temperature, fabric filter inlet temperature, definition of acceptable 
scrap, or other approved operating parameter).
    (v) [Reserved]
    (vi) An affected source (including an emission unit in a secondary 
aluminum processing unit) was not operated according to the requirements 
of this subpart.
    (vii) A deviation from the 3-day, 24-hour rolling average emission 
limit for a secondary aluminum processing unit.
    (2) Each report must include each of these certifications, as 
applicable:

[[Page 99]]

    (i) For each thermal chip dryer: ``Only unpainted aluminum chips 
were used as feedstock in any thermal chip dryer during this reporting 
period.''
    (ii) For each dross-only furnace: ``Only dross and salt flux were 
used as the charge materials in any dross-only furnace during this 
reporting period.''
    (iii) For each sidewell group 1 furnace with add-on air pollution 
control devices: ``Each furnace was operated such that the level of 
molten metal remained above the top of the passage between the sidewell 
and hearth during reactive fluxing, and reactive flux, except for cover 
flux, was added only to the sidewell or to a furnace hearth equipped 
with an add-on air pollution control device for PM, HCl, and D/F 
emissions during this reporting period.''
    (iv) For each group 1 melting/holding furnace without add-on air 
pollution control devices and using pollution prevention measures that 
processes only clean charge material: ``Each group 1 furnace without 
add-on air pollution control devices subject to emission limits in Sec. 
63.1505(i)(2) processed only clean charge during this reporting 
period.''
    (v) For each group 2 furnace: ``Only clean charge materials were 
processed in any group 2 furnace during this reporting period, and no 
fluxing was performed or all fluxing performed was conducted using only 
nonreactive, non-HAP-containing/non-HAP-generating fluxing gases or 
agents, except for cover fluxes, during this reporting period.''
    (vi) For each in-line fluxer using no reactive flux: ``Only 
nonreactive, non-HAP-containing, non-HAP-generating flux gases, agents, 
or materials were used at any time during this reporting period.''
    (vii) For each affected source choosing to demonstrate compliance 
during periods of startup and shutdown in accordance with Sec. 
63.1513(f)(1): ``During each startup and shutdown, no flux and no feed/
charge were added to the emission unit, and electricity, propane or 
natural gas were used as the sole source of heat or the emission unit 
was not heated.''
    (3) The owner or operator must submit the results of any performance 
test conducted during the reporting period, including one complete 
report documenting test methods and procedures, process operation, and 
monitoring parameter ranges or values for each test method used for a 
particular type of emission point tested.
    (i) Within 60 days after the date of completing each performance 
test (as defined in Sec. 63.2) required by this subpart, you must 
submit the results of the performance tests, including any associated 
fuel analyses, following the procedure specified in either paragraph 
(b)(3)(i)(A) or (B) of this section.
    (A) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(https://www3.epa.gov/ttn/chief /ert/ert_info.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 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/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same ERT or alternate file with the CBI omitted must be 
submitted to the EPA via the EPA's CDX as described earlier in this 
paragraph.
    (B) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site, you must submit the 
results

[[Page 100]]

of the performance test to the Administrator at the appropriate address 
listed in Sec. 63.13.
    (ii) [Reserved]
    (4) A malfunction report that is required under paragraph (d) of 
this section shall be submitted simultaneously with the semiannual 
excess emissions/summary report required by paragraph (b) of this 
section.
    (c) Annual compliance certifications. For the purpose of annual 
certifications of compliance required by 40 CFR part 70 or 71, the owner 
or operator of a major source subject to this subpart must certify 
continuing compliance based upon, but not limited to, the following 
conditions:
    (1) Any period of excess emissions, as defined in paragraph (b)(1) 
of this section, that occurred during the year were reported as required 
by this subpart; and
    (2) All monitoring, recordkeeping, and reporting requirements were 
met during the year.
    (d) If there was a malfunction during the reporting period, the 
owner or operator must submit a report that includes the emission unit 
ID, monitor ID, pollutant or parameter monitored, beginning date and 
time of the event, end date and time of the event, cause of the 
deviation or exceedance and corrective action taken for each malfunction 
which occurred during the reporting period and which caused or may have 
caused any applicable emission limitation to be exceeded. The report 
must include a list of the affected source 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, 
including, but not limited to, product-loss calculations, mass balance 
calculations, measurements when available, or engineering judgment based 
on known process parameters. 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. 
63.1506(a)(5).
    (e) All reports required by this subpart not subject to the 
requirements in paragraph (b) of this section must be sent to the 
Administrator at the appropriate address listed in Sec. 63.13. If 
acceptable to both the Administrator and the owner or operator of a 
source, these reports may be submitted on electronic media. The 
Administrator retains the right to require submittal of reports subject 
to paragraph (b) of this section in paper format.

[65 FR 15710, Mar. 23, 2000, as amended at 69 FR 53984, Sept. 3, 2004; 
71 FR 20461, Apr. 20, 2006; 80 FR 56753, Sept. 18, 2015; 81 FR 38088, 
June 13, 2016]



Sec. 63.1517  Records.

    (a) As required by Sec. 63.10(b), the owner or operator shall 
maintain files of all information (including all reports and 
notifications) required by the general provisions and this subpart.
    (1) The owner or operator must retain each record for at least 5 
years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record. The most recent 2 years of records 
must be retained at the facility. The remaining 3 years of records may 
be retained off site.
    (2) The owner or operator may retain records on microfilm, computer 
disks, magnetic tape, or microfiche; and
    (3) The owner or operator may report required information on paper 
or on a labeled computer disk using commonly available and EPA-
compatible computer software.
    (b) In addition to the general records required by Sec. 63.10(b), 
the owner or operator of a new or existing affected source (including an 
emission unit in a secondary aluminum processing unit) must maintain 
records of:
    (1) For each affected source and emission unit with emissions 
controlled by a fabric filter or a lime-injected fabric filter:
    (i) If a bag leak detection system is used, the number of total 
operating hours for the affected source or emission unit during each 6-
month reporting period, 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(s) 
taken.
    (ii) If a continuous opacity monitoring system is used, records of 
opacity measurement data, including

[[Page 101]]

records where the average opacity of any 6-minute period exceeds 5 
percent, with a brief explanation of the cause of the emissions, the 
time the emissions occurred, the time corrective action was initiated 
and completed, and the corrective action taken.
    (iii) If an aluminum scrap shredder is subject to visible emission 
observation requirements, records of all Method 9 observations, 
including records of any visible emissions during a 30-minute daily test 
or records of all ASTM D7520-13 observations (incorporated by reference, 
see Sec. 63.14), including data sheets and all raw unaltered JPEGs used 
for opacity determination, with a brief explanation of the cause of the 
emissions, the time the emissions occurred, the time corrective action 
was initiated and completed, and the corrective action taken.
    (2) For each affected source with emissions controlled by an 
afterburner:
    (i) Records of 15-minute block average afterburner operating 
temperature, including any period when the average temperature in any 3-
hour block period falls below the compliant operating parameter value 
with a brief explanation of the cause of the excursion and the 
corrective action taken; and
    (ii) Records of annual afterburner inspections.
    (3) For each scrap dryer/delacquering kiln/decoating kiln and group 
1 furnace, subject to D/F and HCl emission standards with emissions 
controlled by a lime-injected fabric filter, records of 15-minute block 
average inlet temperatures for each lime-injected fabric filter, 
including any period when the 3-hour block average temperature exceeds 
the compliant operating parameter value +14 [deg]C (+ 25 [deg]F), with a 
brief explanation of the cause of the excursion and the corrective 
action taken.
    (4) For each affected source and emission unit with emissions 
controlled by a lime-injected fabric filter:
    (i) Records of inspections at least once every 8-hour period 
verifying that lime is present in the feeder hopper or silo and flowing, 
including any inspection where blockage is found, with a brief 
explanation of the cause of the blockage and the corrective action 
taken, and records of inspections at least once every 4-hour period for 
the subsequent 3 days. If flow monitors, pressure drop sensors or load 
cells are used to verify that lime is present in the hopper and flowing, 
records of all monitor or sensor output including any event where 
blockage was found, with a brief explanation of the cause of the 
blockage and the corrective action taken;
    (ii) If lime feeder setting is monitored, records of daily and 
monthly inspections of feeder setting, including records of any 
deviation of the feeder setting from the setting used in the performance 
test, with a brief explanation of the cause of the deviation and the 
corrective action taken. If a lime feeder has been repaired or replaced, 
this action must be documented along with records of the new feeder 
calibration and the feed mechanism set points necessary to maintain the 
lb/hr feed rate operating limit. These records must be maintained on 
site and available upon request.
    (iii) If lime addition rate for a noncontinuous lime injection 
system is monitored pursuant to the approved alternative monitoring 
requirements in Sec. 63.1510(v), records of the time and mass of each 
lime addition during each operating cycle or time period used in the 
performance test and calculations of the average lime addition rate (lb/
ton of feed/charge).
    (5) For each group 1 furnace (with or without add-on air pollution 
control devices) or in-line fluxer, records of 15-minute block average 
weights of gaseous or liquid reactive flux injection, total reactive 
flux injection rate and calculations (including records of the identity, 
composition, and weight of each addition of gaseous, liquid or solid 
reactive flux), including records of any period the rate exceeds the 
compliant operating parameter value and corrective action taken.
    (6) For each continuous monitoring system, records required by Sec. 
63.10(c).
    (7) For each affected source and emission unit subject to an 
emission standard in kg/Mg (lb/ton) of feed/charge, records of feed/
charge (or throughput) weights for each operating cycle or time period 
used in the performance test.
    (8) Approved site-specific monitoring plan for a group 1 furnace 
without add-

[[Page 102]]

on air pollution control devices with records documenting conformance 
with the plan.
    (9) Records of all charge materials for each thermal chip dryer, 
dross-only furnace, and group 1 melting/holding furnaces without air 
pollution control devices processing only clean charge.
    (10) Operating logs for each group 1 sidewell furnace with add-on 
air pollution control devices documenting conformance with operating 
standards for maintaining the level of molten metal above the top of the 
passage between the sidewell and hearth during reactive flux injection 
and for adding reactive flux only to the sidewell or a furnace hearth 
equipped with a control device for PM, HCl, and D/F emissions.
    (11) For each in-line fluxer for which the owner or operator has 
certified that no reactive flux was used:
    (i) Operating logs which establish that no source of reactive flux 
was present at the in-line fluxer;
    (ii) Labels required pursuant to Sec. 63.1506(b) which establish 
that no reactive flux may be used at the in-line fluxer; or
    (iii) Operating logs which document each flux gas, agent, or 
material used during each operating cycle.
    (12) Records of all charge materials and fluxing materials or agents 
for a group 2 furnace.
    (13) Records of monthly inspections for proper unit labeling for 
each affected source and emission unit subject to labeling requirements.
    (14) Records of annual inspections of emission capture/collection 
and closed vent systems or, if the alternative to the annual flow rate 
measurements is used, records of differential pressure; fan RPM or fan 
motor amperage; static pressure measurements; or duct centerline 
velocity using a hotwire anemometer, ultrasonic flow meter, cross-duct 
pressure differential sensor, venturi pressure differential monitoring 
or orifice plate equipped with an associated thermocouple, as 
appropriate.
    (15) Records for any approved alternative monitoring or test 
procedure.
    (16) Current copy of all required plans, including any revisions, 
with records documenting conformance with the applicable plan, 
including:
    (i) [Reserved]
    (ii) OM&M plan; and
    (iii) Site-specific secondary aluminum processing unit emission plan 
(if applicable).
    (17) For each secondary aluminum processing unit, records of total 
charge weight, or if the owner or operator chooses to comply on the 
basis of aluminum production, total aluminum produced for each 24-hour 
period and calculations of 3-day, 24-hour rolling average emissions.
    (18) For any failure to meet an applicable standard, the owner or 
operator must maintain the following records;
    (i) Records of the emission unit ID, monitor ID, pollutant or 
parameter monitored, beginning date and time of the event, end date and 
time of the event, cause of the deviation or exceedance and corrective 
action taken.
    (ii) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. 63.1506(a)(5), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (19) For each period of startup or shutdown for which the owner or 
operator chooses to demonstrate compliance for an affected source, the 
owner or operator must comply with (b)(19)(i) or (ii) of this section.
    (i) To demonstrate compliance based on a feed/charge rate of zero, a 
flux rate of zero and the use of electricity, propane or natural gas as 
the sole sources of heating or the lack of heating, the owner or 
operator must submit a semiannual report in accordance with Sec. 
63.1516(b)(2)(vii) or maintain the following records:
    (A) The date and time of each startup and shutdown;
    (B) The quantities of feed/charge and flux introduced during each 
startup and shutdown; and
    (C) The types of fuel used to heat the unit, or that no fuel was 
used, during startup and shutdown; or
    (ii) To demonstrate compliance based on performance tests, the owner 
or operator must maintain the following records:
    (A) The date and time of each startup and shutdown;

[[Page 103]]

    (B) The measured emissions in lb/hr or [micro]g/hr or ng/hr;
    (C) The measured feed/charge rate in tons/hr or Mg/hr from your most 
recent performance test associated with a production rate greater than 
zero, or the rated capacity of the affected source if no prior 
performance test data is available; and
    (D) An explanation to support that such conditions are considered 
representative startup and shutdown operations.
    (20) For owners or operators that choose to change furnace operating 
modes, the following records must be maintained:
    (i) The date and time of each change in furnace operating mode, and
    (ii) The nature of the change in operating mode (for example, group 
1 controlled furnace processing other than clean charge to group 2).

[65 FR 15710, Mar. 23, 2000, as amended at 67 FR 79818, Dec. 30, 2002; 
80 FR 56753, Sept. 18, 2015; 81 FR 38089, June 13, 2016]

                                  Other



Sec. 63.1518  Applicability of general provisions.

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



Sec. 63.1519  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this regulation. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
regulation to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.1500 through 63.1501 and 63.1505 through 63.1506.
    (2) Approval of major alternatives to test methods for under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37359, June 23, 2003]



Sec. 63.1520  [Reserved]

[[Page 104]]



 Sec. Table 1 to Subpart RRR of Part 63--Emission Standards for New and 
                        Existing Affected Sources
[GRAPHIC] [TIFF OMITTED] TR13JN16.012


[[Page 105]]


[GRAPHIC] [TIFF OMITTED] TR13JN16.013


[81 FR 38089, June 13, 2016]

[[Page 106]]



      Sec. Table 2 to Subpart RRR of Part 63--Summary of Operating 
  Requirements for New and Existing Affected Sources and Emission Units

----------------------------------------------------------------------------------------------------------------
                                             Monitor type/operation/
      Affected source/emission unit                  process                     Operating requirements
----------------------------------------------------------------------------------------------------------------
All affected sources and emission units    Emission capture and         Design and install in accordance with
 with an add-on air pollution control       collection system.           ACGIH Guidelines; \e\ operate in
 device.                                                                 accordance with OM&M plan (sweat
                                                                         furnaces may be operated according to
                                                                         63.1506(c)(4)).\b\
All affected sources and emission units    Charge/feed weight or        Operate a device that records the weight
 subject to production-based (lb/ton of     Production weight.           of each charge; Operate in accordance
 feed) emission limits \a\.                                              with OM&M plan. \b\
Group 1 furnace, group 2 furnace, in-line  Labeling...................  Identification, operating parameter
 fluxer and scrap dryer/delacquering kiln/                               ranges and operating requirements
 decoating kiln.                                                         posted at affected sources and emission
                                                                         units; control device temperature and
                                                                         residence time requirements posted at
                                                                         scrap dryer/delacquering kiln/decoating
                                                                         kiln.
Aluminum scrap shredder with fabric        Bag leak detector or.......  Initiate corrective action within 1-hr
 filter.                                                                 of alarm and complete in accordance
                                                                         with OM&M plan \b\; operate such that
                                                                         alarm does not sound more than 5% of
                                                                         operating time in 6-month period.
                                           COM or.....................  Initiate corrective action within 1-hr
                                                                         of a 6-minute average opacity reading
                                                                         of 5% or more and complete in
                                                                         accordance with OM&M plan. \b\
                                           VE.........................  Initiate corrective action within 1-hr
                                                                         of any observed VE and complete in
                                                                         accordance with the OM&M plan. \b\
Thermal chip dryer with afterburner......  Afterburner operating        Maintain average temperature for each 3-
                                            temperature.                 hr period at or above average operating
                                                                         temperature during the performance
                                                                         test.
                                           Afterburner operation......  Operate in accordance with OM&M plan.
                                                                         \b\
                                           Feed material..............  Operate using only unpainted aluminum
                                                                         chips.
Scrap dryer/delacquering kiln/decoating    Afterburner operating        Maintain average temperature for each 3-
 kiln with afterburner and lime-injected    temperature.                 hr period at or above average operating
 fabric filter.                                                          temperature during the performance
                                                                         test.
                                           Afterburner operation......  Operate in accordance with OM&M plan.\b\
                                           Bag leak detector or.......  Initiate corrective action within 1-hr
                                                                         of alarm and complete in accordance
                                                                         with the OM&M plan; \b\ operate such
                                                                         that alarm does not sound more than 5%
                                                                         of operating time in 6-month period.
                                           COM........................  Initiate corrective action within 1-hr
                                                                         of a 6-minute average opacity reading
                                                                         of 5% or more and complete in
                                                                         accordance with the OM&M plan.\b\
                                           Fabric filter inlet          Maintain average fabric filter inlet
                                            temperature.                 temperature for each 3-hr period at or
                                                                         below average temperature during the
                                                                         performance test +14 [deg]C (+25
                                                                         [deg]F).
                                           Lime injection rate........  Maintain free-flowing lime in the feed
                                                                         hopper or silo at all times for
                                                                         continuous injection systems; maintain
                                                                         feeder setting at or above the level
                                                                         established during the performance test
                                                                         for continuous injection systems.
Sweat furnace with afterburner...........  Afterburner operating        If a performance test was conducted,
                                            temperature.                 maintain average temperature for each 3-
                                                                         hr period at or above average operating
                                                                         temperature during the performance
                                                                         test; if a performance test was not
                                                                         conducted, and afterburner meets
                                                                         specifications of Sec. 63.1505(f)(1),
                                                                         maintain average temperature for each 3-
                                                                         hr period at or above 1600 [deg]F.
                                           Afterburner operation......  Operate in accordance with OM&M plan.
                                                                         \b\
Dross-only furnace with fabric filter....  Bag leak detector or.......  Initiate corrective action within 1-hr
                                                                         of alarm and complete in accordance
                                                                         with the OM&M plan; \b\ operate such
                                                                         that alarm does not sound more than 5%
                                                                         of operating time in 6-month period.
                                           COM........................  Initiate corrective action within 1-hr
                                                                         of a 6-minute average opacity reading
                                                                         of 5% or more and complete in
                                                                         accordance with the OM&M plan. \b\
                                           Feed/charge material.......  Operate using only dross as the feed
                                                                         material.
Rotary dross cooler with fabric filter...  Bag leak detector or.......  Initiate corrective action within 1-hr
                                                                         of alarm and complete in accordance
                                                                         with the OM&M plan; \b\ operate such
                                                                         that alarm does not sound more than 5%
                                                                         of operating time in 6-month period.
                                           COM........................  Initiate corrective action within 1-hr
                                                                         of a 6-minute average opacity reading
                                                                         of 5% or more and complete in
                                                                         accordance with the OM&M plan. \b\
In-line fluxer with lime-injected fabric   Bag leak detector or.......  Initiate corrective action within 1-hr
 filter (including those that are part of                                of alarm and complete in accordance
 a secondary aluminum processing unit).                                  with the OM&M plan; \b\ operate such
                                                                         that alarm does not sound more than 5%
                                                                         of operating time in 6-month period.

[[Page 107]]

 
                                           COM........................  Initiate corrective action within 1-hr
                                                                         of a 6-minute average opacity reading
                                                                         of 5% or more and complete in
                                                                         accordance with the OM&M plan.\b\
                                           Lime injection rate........  Maintain free-flowing lime in the feed
                                                                         hopper or silo at all times for
                                                                         continuous injection systems; maintain
                                                                         feeder setting at or above the level
                                                                         established during performance test for
                                                                         continuous injection systems.
                                           Reactive flux injection      Maintain reactive flux injection rate at
                                            rate.                        or below rate used during the
                                                                         performance test for each operating
                                                                         cycle or time period used in the
                                                                         performance test.
In-line fluxer (using no reactive flux     Flux materials.............  Use no reactive flux.
 material).
Group 1 furnace with lime-injected fabric  Bag leak detector or.......  Initiate corrective action within 1-hr
 filter (including those that are part of                                of alarm; operate such that alarm does
 a secondary of aluminum processing unit).                               not sound more than 5% of operating
                                                                         time in 6-month period; complete
                                                                         corrective action in accordance with
                                                                         the OM&M plan.\b\
                                           COM........................  Initiate corrective action within 1-hr
                                                                         of a 6-minute average opacity reading
                                                                         of 5% or more; complete corrective
                                                                         action in accordance with the OM&M
                                                                         plan.\b\
                                           Fabric filter inlet          Maintain average fabric filter inlet
                                            temperature.                 temperature for each 3-hour period at
                                                                         or below average temperature during the
                                                                         performance test +14 [deg]C (+25
                                                                         [deg]F).
                                           Natural gas-fired, propane-  Operation of associated capture/
                                            fired or electrically        collection systems and APCD \b\ may be
                                            heated group 1 furnaces      temporarily stopped. Operation of these
                                            that will be idled for at    capture/collection systems and control
                                            least 24 hours.              devices must be restarted before feed/
                                                                         charge, flux or alloying materials are
                                                                         added to the furnace.
                                           Reactive flux injection      Maintain reactive flux injection rate
                                            rate.                        (kg/Mg) (lb/ton) at or below rate used
                                                                         during the performance test for each
                                                                         furnace cycle.
                                           Lime injection rate........  Maintain free-flowing lime in the feed
                                                                         hopper or silo at all times for
                                                                         continuous injection systems; maintain
                                                                         feeder setting at or above the level
                                                                         established at performance test for
                                                                         continuous injection systems.
                                           Maintain molten aluminum     Operate sidewell furnaces such that the
                                            level.                       level of molten metal is above the top
                                                                         of the passage between sidewell and
                                                                         hearth during reactive flux injection,
                                                                         unless the hearth is also controlled.
                                           Fluxing in sidewell furnace  Add reactive flux only to the sidewell
                                            hearth.                      of the furnace unless the hearth is
                                                                         also controlled.
Group 1 furnace without add-on air         Reactive flux injection      Maintain the total reactive chlorine
 pollution controls (including those that   rate.                        flux injection rate and total reactive
 are part of a secondary aluminum                                        fluorine flux injection rate for each
 processing unit).                                                       operating cycle or time period used in
                                                                         the performance test at or below the
                                                                         average rate established during the
                                                                         performance test.
Clean (group 2) furnace..................  Charge and flux materials..  Use only clean charge. Use no reactive
                                                                         flux.
----------------------------------------------------------------------------------------------------------------
\a\ Thermal chip dryers, scrap dryers/delacquering kilns/decoating kilns, dross-only furnaces, in-line fluxers
  and group 1 furnaces including melting/holding furnaces.
\b\ OM&M plan--Operation, maintenance, and monitoring plan.
\c\ Site-specific monitoring plan. Owner/operators of group 1 furnaces without add-on APCD must include a
  section in their OM&M plan that documents work practice and pollution prevention measures, including
  procedures for scrap inspection, by which compliance is achieved with emission limits and process or feed
  parameter-based operating requirements. This plan and the testing to demonstrate adequacy of the monitoring
  plan must be developed in coordination with and approved by the permitting authority for major sources, or the
  Administrator for area sources.
\d\ APCD--Air pollution control device.
\e\ Incorporated by reference, see Sec. 63.14.


[65 FR 15710, Mar. 23, 2000, as amended at 67 FR 79818, Dec. 30, 2002; 
69 FR 53984, Sept. 3, 2004; 80 FR 56757, Sept. 18, 2015; 81 FR 38092, 
June 13, 2016]



     Sec. Table 3 to Subpart RRR of Part 63--Summary of Monitoring 
  Requirements for New and Existing Affected Sources and Emission Units

----------------------------------------------------------------------------------------------------------------
                                             Monitor type/Operation/
      Affected source/Emission unit                  Process                     Monitoring requirements
----------------------------------------------------------------------------------------------------------------
All affected sources and emission units    Emission capture and         Annual inspection of all emission
 with an add-on air pollution control       collection system.           capture, collection, and transport
 device.                                                                 systems to ensure that systems continue
                                                                         to operate in accordance with ACGIH
                                                                         Guidelines.\e\ Inspection includes
                                                                         volumetric flow rate measurements or
                                                                         verification of a permanent total
                                                                         enclosure using EPA Method 204.\d\

[[Page 108]]

 
All affected sources and emission units    Feed/charge weight.........  Record weight of each feed/charge,
 subject to production-based (lb/ton or                                  weight measurement device or other
 gr/ton of feed/charge) emission                                         procedure accuracy of 1%; \b\ calibrate according to
                                                                         manufacturer's specifications, or at
                                                                         least once every 6 months.
Group 1 furnace, group 2 furnace, in-line  Labeling...................  Check monthly to confirm that labels are
 fluxer, and scrap dryer/delacquering                                    intact and legible.
 kiln/decoating kiln.
Aluminum scrap shredder with fabric        Bag leak detector or.......  Install and operate in accordance with
 filter.                                                                 manufacturer's operating instructions.
                                           COM or.....................  Design and install in accordance with PS-
                                                                         1; collect data in accordance with
                                                                         subpart A of 40 CFR part 63; determine
                                                                         and record 6-minute block averages.
                                           VE.........................  Conduct and record results of 30-minute
                                                                         daily test in accordance with Method 9
                                                                         or ASTM D7520-13.\e\
Thermal chip dryer with afterburner......  Afterburner operating        Continuous measurement device to meet
                                            temperature.                 specifications in Sec. 63.1510(g)(1);
                                                                         record average temperature for each 15-
                                                                         minute block; determine and record 3-hr
                                                                         block averages.
                                           Afterburner operation......  Annual inspection of afterburner
                                                                         internal parts; complete repairs in
                                                                         accordance with the OM&M plan.
                                           Feed/charge material.......  Record identity of each feed/charge;
                                                                         certify feed/charge materials every 6
                                                                         months.
Scrap dryer/delacquering kiln/decoating    Afterburner operating        Continuous measurement device to meet
 kiln with afterburner and lime-injected    temperature.                 specifications in Sec. 63.1510(g)(1);
 fabric filter.                                                          record temperature for each 15-minute
                                                                         block; determine and record 3-hr block
                                                                         averages.
                                           Afterburner operation......  Annual inspection of afterburner
                                                                         internal parts; complete repairs in
                                                                         accordance with the OM&M plan.
                                           Bag leak detector or.......  Install and operate in accordance with
                                                                         manufacturer's operating instructions.
                                           COM........................  Design and Install in accordance with PS-
                                                                         1; collect data in accordance with
                                                                         subpart A of 40 CFR part 63; determine
                                                                         and record 6-minute block averages.
                                           Lime injection rate........  For continuous injection systems,
                                                                         inspect each feed hopper or silo every
                                                                         8 hours to verify that lime is free
                                                                         flowing; record results of each
                                                                         inspection. If blockage occurs, inspect
                                                                         every 4 hours for 3 days; return to 8-
                                                                         hour inspections if corrective action
                                                                         results in no further blockage during 3-
                                                                         day period, record feeder setting
                                                                         daily. Verify monthly that lime
                                                                         injection rate is no less than 90
                                                                         percent of the rate used during the
                                                                         compliance demonstration test.
                                           Fabric filter inlet          Continuous measurement device to meet
                                            temperature.                 specifications in Sec. 63.1510(h)(2);
                                                                         record temperatures in 15-minute block
                                                                         averages; determine and record 3-hr
                                                                         block averages.
Sweat furnace with afterburner...........  Afterburner operating        Continuous measurement device to meet
                                            temperature.                 specifications in Sec. 63.1510(g)(1);
                                                                         record temperatures in 15-minute block
                                                                         averages; determine and record 3-hr
                                                                         block averages.
                                           Afterburner operation......  Annual inspection of afterburner
                                                                         internal parts; complete repairs in
                                                                         accordance with the OM&M plan.
Dross-only furnace with fabric filter....  Bag leak detector or.......  Install and operate in accordance with
                                                                         manufacturer's operating instructions.
                                           COM........................  Design and install in accordance with PS-
                                                                         1; collect data in accordance with
                                                                         subpart A of 40 CFR part 63; determine
                                                                         and record 6-minute block averages.
                                           Feed/charge material.......  Record identity of each feed/charge;
                                                                         certify charge materials every 6
                                                                         months.
Rotary dross cooler with fabric filter...  Bag leak detector or.......  Install and operate in accordance with
                                                                         manufacturer's operating instructions.
                                           COM........................  Design and install in accordance with PS-
                                                                         1; collect data in accordance with
                                                                         subpart A of 40 CFR part 63; determine
                                                                         and record 6-minute block averages.
In-line fluxer with lime-injected fabric   Bag leak detector or.......  Install and operate in accordance with
 filter.                                                                 manufacturer's operating instructions.
                                           COM........................  Design and install in accordance with PS-
                                                                         1; collect data in accordance with
                                                                         subpart A of 40 CFR part 63; determine
                                                                         and record 6-minute block averages.

[[Page 109]]

 
                                           Reactive flux injection      Weight measurement device accuracy of
                                            rate.                        1%; \b\ calibrate
                                                                         according to manufacturer's
                                                                         specifications or at least once every 6
                                                                         months; record time, weight and type of
                                                                         reactive flux added or injected for
                                                                         each 15-minute block period while
                                                                         reactive fluxing occurs; calculate and
                                                                         record total reactive chlorine flux
                                                                         injection rate and the total reactive
                                                                         fluorine flux injection rate for each
                                                                         operating cycle or time period used in
                                                                         performance test; or Alternative flux
                                                                         injection rate determination procedure
                                                                         per Sec. 63.1510(j)(5). For solid
                                                                         flux added intermittently, record the
                                                                         amount added for each operating cycle
                                                                         or time period used in the performance
                                                                         test.
In-line fluxer using no reactive flux....  Flux materials.............  Record flux materials; certify every 6
                                                                         months for no reactive flux.
Group 1 furnace with lime-injected fabric  Bag leak detector or.......  Install and operate in accordance with
 filter.                                                                 manufacturer's operating instructions.
                                           COM........................  Design and install in accordance with PS-
                                                                         1; collect data in accordance with
                                                                         subpart A of 40 part CFR 63; determine
                                                                         and record 6-minute block averages.
                                           Lime injection rate........  For continuous injection systems, record
                                                                         feeder setting daily and inspect each
                                                                         feed hopper or silo every 8 hours to
                                                                         verify that lime is free-flowing;
                                                                         record results of each inspection. If
                                                                         blockage occurs, inspect every 4 hours
                                                                         for 3 days; return to 8-hour
                                                                         inspections if corrective action
                                                                         results in no further blockage during 3-
                                                                         day period.\c\ Verify monthly that the
                                                                         lime injection rate is no less than 90
                                                                         percent of the rate used during the
                                                                         compliance demonstration test.
                                           Reactive flux injection      Weight measurement device accuracy of
                                            rate.                        1%; \b\ calibrate
                                                                         every 3 months; record weight and type
                                                                         of reactive flux added or injected for
                                                                         each 15-minute block period while
                                                                         reactive fluxing occurs; calculate and
                                                                         record total reactive chlorine flux
                                                                         injection rate and the total reactive
                                                                         fluorine flux injection rate for each
                                                                         operating cycle or time period used in
                                                                         performance test; or Alternative flux
                                                                         injection rate determination procedure
                                                                         per Sec. 63.1510(j)(5). For solid
                                                                         flux added intermittently, record the
                                                                         amount added for each operating cycle
                                                                         or time period used in the performance
                                                                         test.
Group 1 furnace without add-on controls..  Fluxing in sidewell furnace  Maintain flux addition operating log;
                                            hearth.                      certify every 6 months.
                                           Reactive flux injection      Weight measurement device accuracy of
                                            rate.                        +1%; \b\ calibrate according to
                                                                         manufacturer's specifications or at
                                                                         least once every six months; record
                                                                         weight and type of reactive flux added
                                                                         or injected for each 15-minute block
                                                                         period while reactive fluxing occurs;
                                                                         calculate and record total reactive
                                                                         flux injection rate for each operating
                                                                         cycle or time period used in
                                                                         performance test. For solid flux added
                                                                         intermittently, record the amount added
                                                                         for each operating cycle or time period
                                                                         used in the performance test.
                                           OM&M plan (approved by       Demonstration of site-specific
                                            permitting agency).          monitoring procedures to provide data
                                                                         and show correlation of emissions
                                                                         across the range of charge and flux
                                                                         materials and furnace operating
                                                                         parameters.
                                           Feed material (melting/      Record type of permissible feed/charge
                                            holding furnace).            material; certify charge materials
                                                                         every 6 months.
Clean (group 2) furnace..................  Charge and flux materials..  Record charge and flux materials;
                                                                         certify every 6 months for clean charge
                                                                         and no reactive flux.
----------------------------------------------------------------------------------------------------------------
\a\ Thermal chip dryers, scrap dryers/delacquering kilns/decoating kilns, dross-only furnaces, in-line fluxers
  and group 1 furnaces or melting/holding furnaces.
\b\ Permitting agency may approve measurement devices of alternative accuracy, for example in cases where flux
  rates are very low and costs of meters of specified accuracy are prohibitive; or where feed/charge weighing
  devices of specified accuracy are not practicable due to equipment layout or charging practices.
\c\ Permitting authority for major sources, or the Administrator for area sources may approve other alternatives
  including load cells for lime hopper weight, sensors for carrier gas pressure, or HCl monitoring devices at
  fabric filter outlet.
\d\ The frequency of volumetric flow rate measurements may be decreased to once every 5 years if daily
  differential pressure measures, daily fan RPM, or daily fan motor amp measurements are made in accordance with
  Sec. 63.1510(d)(2)(ii)-(iii). The frequency of annual verification of a permanent total enclosure may be
  decreased to once every 5 years if negative pressure measurements in the enclosure are made daily in
  accordance with Sec. 63.1510(d)(2)(iv). In lieu of volumetric flow rate measurements or verification of
  permanent total enclosure, sweat furnaces may demonstrate annually negative air flow into the sweat furnace
  opening in accordance with Sec. 63.1510(d)(3).
\e\ Incorporated by reference, see Sec. 63.14.


[65 FR 15710, Mar. 23, 2000, as amended at 69 FR 53985, Sept. 3, 2004; 
80 FR 56758, Sept. 18, 2015; 81 FR 38092, June 13, 2016]

[[Page 110]]



     Sec. Appendix A to Subpart RRR of Part 63--General Provisions 
                      Applicability to Subpart RRR

----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement             Applies to RRR              Comment
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(4)................  General Applicability..  Yes....................
Sec. 63.1(a)(5)....................  .......................  No.....................  [Reserved]
Sec. 63.1(a)(6)....................  .......................  Yes....................
Sec. 63.1(a)(7)-(9)................  .......................  No.....................  [Reserved]
Sec. 63.1(a)(10)-(12)..............  .......................  Yes....................
Sec. 63.1(b).......................  Initial Applicability    Yes....................  EPA retains approval
                                        Determination.                                    authority.
Sec. 63.1(c)(1)....................  Applicability After      Yes....................
                                        Standard Established.
Sec. 63.1(c)(2)....................  .......................  Yes....................  Sec. 63.1500(e)
                                                                                          exempts area sources
                                                                                          subject to this
                                                                                          subpart from the
                                                                                          obligation to obtain
                                                                                          Title V operating
                                                                                          permits.
Sec. 63.1(c)(3)-(4)................  .......................  No.....................  [Reserved]
Sec. 63.1(c)(5)....................  .......................  Yes....................
Sec. 63.1(c)(6)....................  Reclassification.......  Yes....................
Sec. 63.1(d).......................  .......................  No.....................  [Reserved]
Sec. 63.1(e).......................  Applicability of Permit  Yes....................
                                        Program.
Sec. 63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                          in Sec. 63.1503.
Sec. 63.3..........................  Units and Abbreviations  Yes....................
Sec. 63.4(a)(1)-(2)................  Prohibited Activities..  Yes....................
Sec. 63.4(a)(3)-(5)................  .......................  No.....................  [Reserved]
Sec. 63.4(b).......................  Circumvention..........  Yes....................
Sec. 63.4(c).......................  Fragmentation..........  Yes....................
Sec. 63.5(a).......................  Applicability of         Yes....................
                                        Preconstruction Review
                                        and Notification.
Sec. 63.5(b)(1)....................  Requirements for         Yes....................
                                        Existing, Newly,
                                        Constructed Sources
                                        and Reconstructed
                                        Sources.
Sec. 63.5(b)(2)....................  .......................  No.....................  [Reserved]
Sec. 63.5(b)(3)-(4)................  .......................  Yes....................
Sec. 63.5(b)(5)....................  .......................  No.....................  [Reserved]
Sec. 63.5(b)(6)....................  .......................  Yes....................
Sec. 63.5(c).......................  .......................  No.....................  [Reserved]
Sec. 63.5(d).......................  Application for          Yes....................
                                        Approval of
                                        Construction or
                                        Reconstruction.
Sec. 63.5(e).......................  Approval of              Yes....................
                                        Construction or
                                        Reconstruction.
Sec. 63.5(f).......................  Approval of              Yes....................
                                        Construction or
                                        Reconstruction Based
                                        on Prior State
                                        Preconstruction Review.
Sec. 63.6(a).......................  Applicability for        Yes....................
                                        Compliance with
                                        Standards and
                                        Maintenance
                                        Requirements.
Sec. 63.6(b)(1)-(5)................  Compliance Dates for     Yes....................  Sec. 63.1501
                                        New and Reconstructed                             specifies dates.
                                        Sources.
Sec. 63.6(b)(6)....................  .......................  No.....................  [Reserved]
Sec. 63.6(b)(7)....................  .......................  Yes....................
Sec. 63.6(c)(1)....................  Compliance Dates for     Yes....................  Sec. 63.1501
                                        Existing Sources.                                 specifies dates.
Sec. 63.6(c)(2)....................  .......................  Yes....................
Sec. 63.6(c)(3)-(4)................  .......................  No.....................  [Reserved]
Sec. 63.6(c)(5)....................  .......................  Yes....................
Sec. 63.6(d).......................  .......................  No.....................  [Reserved]
Sec. 63.6(e)(1)(i).................  Operation and            No.....................  See Sec.
                                        Maintenance                                       63.1506(a)(5) for
                                        Requirements.                                     general duty
                                                                                          requirement. Any other
                                                                                          cross reference to
                                                                                          Sec. 63.6(3)(1)(i)
                                                                                          in any other general
                                                                                          provision referenced
                                                                                          shall be treated as a
                                                                                          cross reference to
                                                                                          Sec. 63.1506(a)(5).
Sec. 63.6(e)(1)(ii)................  .......................  No.....................
Sec. 63.6(e)(2)....................  .......................  No.....................  [Reserved]
Sec. 63.6(e)(3)....................  Startup, Shutdown, and   No.....................
                                        Malfunction Plan.
Sec. 63.6(f)(1)....................  Compliance with          No.....................
                                        Nonopacity Emission
                                        Standards.

[[Page 111]]

 
Sec. 63.6(f)(2)....................  .......................  Yes....................
Sec. 63.6(g).......................  Use of an Alternative    No.....................
                                        Nonopacity Emission
                                        Standard.
Sec. 63.6(h)(1)....................  Applicability for        No.....................
                                        Compliance with
                                        Opacity and Visible
                                        Emission Standards.
Sec. 63.6(h)(2)....................  Methods for Determining  Yes....................
                                        Compliance.
Sec. 63.6(h)(3)....................  .......................  No.....................  [Reserved]
Sec. 63.6(h)(4)-(9)................  .......................  Yes....................
Sec. 63.6(i)(1)-(14)...............  Extension of Compliance  Yes....................
Sec. 63.6(i)(15)...................  .......................  No.....................  [Reserved]
Sec. 63.6(i)(16)...................  .......................  Yes....................
Sec. 63.6(j).......................  Exemption from           Yes....................
                                        Compliance.
Sec. 63.7(a).......................  Applicability and        Yes....................  Except Sec. 63.1511
                                        Performance Test Dates.                           establishes dates for
                                                                                          initial performance
                                                                                          tests.
Sec. 63.7(b).......................  Notification of          Yes....................
                                        Performance Test.
Sec. 63.7(c).......................  Quality Assurance        Yes....................
                                        Program.
Sec. 63.7(d).......................  Performance Testing      Yes....................
                                        Facilities.
Sec. 63.7(e)(1)....................  Conduct of Performance   No.....................
                                        Tests.
Sec. 63.7(e)(2)....................  .......................  Yes....................
Sec. 63.7(e)(3)....................  .......................  Yes....................
Sec. 63.7(f).......................  Use of an Alternative    Yes....................
                                        Test Method.
Sec. 63.7(g)(1)-(3)................  Data Analysis,           Yes....................  Except for Sec.
                                        Recordkeeping, and                                63.7(g)(2), which is
                                        Reporting.                                        reserved.
Sec. 63.7(h)(1)-(5)................  Waiver of Performance    Yes....................
                                        Tests.
Sec. 63.8(a)(1)....................  Applicability for        Yes....................
                                        Monitoring
                                        Requirements.
Sec. 63.8(a)(2)....................  .......................  Yes....................
Sec. 63.8(a)(3)....................  .......................  No.....................  [Reserved]
Sec. 63.8(a)(4)....................  .......................  Yes....................
Sec. 63.8(b).......................  Conduct of Monitoring..  Yes....................
Sec. 63.8(c)(1)(i).................  Operation and            No.....................  See Sec.
                                        Maintenance of                                    63.1506(a)(5) for
                                        Continuous Monitoring                             general duty
                                        Systems (CMS).                                    requirement.
Sec. 63.8(c)(1)(ii)................  .......................  Yes....................
Sec. 63.8(c)(1)(iii)...............  .......................  No.....................
Sec. 63.8(c)(2)-(8)................  .......................  Yes....................
Sec. 63.8(d)(1)-(2)................  Quality Control Program  Yes....................
Sec. 63.8(d)(3)....................  .......................  Yes, except for last
                                                                 sentence, which refers
                                                                 to an SSM plan. SSM
                                                                 plans are not required.
Sec. 63.8(e).......................  Performance Evaluation   Yes....................
                                        of CMS.
Sec. 63.8(f)(1)-(5)................  Use of an Alternative    No.....................  Sec. 63.1501(w)
                                        Monitoring Method.                                includes provisions
                                                                                          for monitoring
                                                                                          alternatives.
Sec. 63.8(f)(6)....................  Alternative to the       Yes....................
                                        Relative Accuracy Test.
Sec. 63.8(g)(1)....................  Reduction of Monitoring  Yes....................
                                        Data.
Sec. 63.8(g)(2)....................  .......................  No.....................  Sec. 63.1512 requires
                                                                                          five 6-minute averages
                                                                                          for an aluminum scrap
                                                                                          shredder.
Sec. 63.8(g)(3)-(5)................  .......................  Yes....................
Sec. 63.9(a).......................  Applicability and        Yes....................
                                        General Information
                                        for Notification
                                        Requirements.
Sec. 63.9(b)(1)-(5)................  Initial Notifications..  Yes....................  Except Sec.
                                                                                          63.9(b)(3) is
                                                                                          reserved.
Sec. 63.9(c).......................  Request for Compliance   Yes....................
                                        Extension.
Sec. 63.9(d).......................  Notification that        Yes....................
                                        Source is Subject to
                                        Special Compliance
                                        Requirements.
Sec. 63.9(e).......................  Notification of          Yes....................
                                        Performance Test.
Sec. 63.9(f).......................  Notification of Opacity  Yes....................
                                        and Visible Emission
                                        Observations.

[[Page 112]]

 
Sec. 63.9(g).......................  Additional Notification  Yes....................
                                        Requirement for
                                        Sources with CMS.
Sec. 63.9(h)(1)-(3)................  Notification of          Yes....................  Except Sec. 63.1515
                                        Compliance Status.                                establishes dates
                                                                                          notification of
                                                                                          compliance status
                                                                                          reports.
Sec. 63.9(h)(4)....................  .......................  No.....................  [Reserved]
Sec. 63.9(h)(5)-(6)................  .......................  Yes....................
Sec. 63.9(i).......................  Adjustment of Deadlines  Yes....................
                                        for Required
                                        Communications.
Sec. 63.9(j).......................  Change in Information    Yes....................
                                        Already Provided.
Sec. 63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec. 63.9(j).
Sec. 63.10(a)......................  Applicability and        Yes....................
                                        General Information
                                        for Recordkeeping and
                                        Reporting Requirements.
Sec. 63.10(b)(1)...................  General Recordkeeping    Yes....................
                                        Requirements.
Sec. 63.10(b)(2)(i), (ii), (iv),     .......................  No.....................
 (v).
Sec. 63.10(b)(2)(iii), (vi)-(xiv)..  .......................  Yes....................  Sec. 63.1517 includes
                                                                                          additional
                                                                                          requirements.
Sec. 63.10(b)(3)...................  Recordkeeping            Yes....................
                                        Requirement for
                                        Applicability
                                        Determinations.
Sec. 63.10(c)(1)...................  Additional               Yes....................
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.
Sec. 63.10(c)(2)-(4)...............  .......................  No.....................  [Reserved]
Sec. 63.10(c)(5)...................  .......................  Yes....................
Sec. 63.10(c)(6)...................  .......................  Yes....................
Sec. 63.10(c)(7)-(8)...............  .......................  Yes....................
Sec. 63.10(c)(9)...................  .......................  No.....................  [Reserved]
Sec. 63.10(c)(10)-(13).............  .......................  Yes....................
Sec. 63.10(c)(14)..................  .......................  Yes....................
Sec. 63.10(c)(15)..................  .......................  No.....................
Sec. 63.10(d)(1)...................  General Reporting        Yes....................
                                        Requirements.
Sec. 63.10(d)(2)...................  Reporting Results of     Yes....................
                                        Performance Tests.
Sec. 63.10(d)(3)...................  Reporting Results of     Yes....................
                                        Opacity or Visible
                                        Emission Observations.
Sec. 63.10(d)(4)...................  Progress Reports.......  No.....................  See Sec. 63.1516(d).
Sec. 63.10(d)(5)...................  Periodic Startup,        No.....................  See Sec. 63.1516(d).
                                        Shutdown, and
                                        Malfunction Reports.
Sec. 63.10(e)(1)-(2)...............  Additional Reporting     Yes....................
                                        Requirements for
                                        Sources with CMS.
Sec. 63.10(e)(3)...................  Excess Emissions and     Yes....................  Reporting deadline
                                        CMS Performance Report                            given in Sec.
                                        and Summary Report.                               63.1516.
Sec. 63.10(e)(4)...................  Continuous Opacity       Yes....................
                                        Monitoring System
                                        (COMS) Data Produced
                                        During a Performance
                                        Test.
Sec. 63.10(f)......................  Waiver of Recordkeeping  Yes....................
                                        or Reporting
                                        Requirements.
Sec. 63.11(a)-(e)..................  Control Device and Work  No.....................  Flares not applicable.
                                        Practice Requirements.
Sec. 63.12(a)-(c)..................  State Authority and      Yes....................  EPA retains authority
                                        Delegations.                                      for applicability
                                                                                          determinations.
Sec. 63.13.........................  Addresses..............  Yes....................
Sec. 63.14.........................  Incorporations by        Yes....................  ACGIH Guidelines, ASTM
                                        Reference.                                        D7520-13, and Interim
                                                                                          Procedures for
                                                                                          Estimating Risks
                                                                                          Associated with
                                                                                          Exposures to Mixtures
                                                                                          of Chlorinated Dibenzo-
                                                                                          p-Dioxins and -
                                                                                          Dibenzofurans (CDDs
                                                                                          and CDFs) and 1989
                                                                                          Update.
Sec. 63.15.........................  Availability of          Yes....................
                                        Information and
                                        Confidentiality.
Sec. 63.16.........................  Performance Track        No.....................
                                        Provisions.
----------------------------------------------------------------------------------------------------------------


[[Page 113]]


[81 FR 38093, June 13, 2016, as amended at 85 FR 73901, Nov. 19, 2020]

Subpart SSS [Reserved]



Subpart TTT_National Emission Standards for Hazardous Air Pollutants for 
                          Primary Lead Smelting

    Source: 64 FR 30204, June 4, 1999, unless otherwise noted.



Sec. 63.1541  Applicability.

    (a) The provisions of this subpart apply to any facility engaged in 
producing lead metal from ore concentrates. The category includes, but 
is not limited to, the following smelting processes: Sintering, 
reduction, preliminary treatment, refining and casting operations, 
process fugitive sources, and fugitive dust sources. The sinter process 
includes an updraft or downdraft sintering machine. The reduction 
process includes the blast furnace, electric smelting furnace with a 
converter or reverberatory furnace, and slag fuming furnace process 
units. The preliminary treatment process includes the drossing kettles 
and dross reverberatory furnace process units. The refining process 
includes the refinery process unit. The provisions of this subpart do 
not apply to secondary lead smelters, lead refiners, or lead remelters.
    (b) Table 1 of this subpart specifies the provisions of subpart A of 
this part that apply and those that do not apply to owners and operators 
of primary lead processors.

[76 FR 70852, Nov. 15, 2011]



Sec. 63.1542  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust) loadings in 
the exhaust of a baghouse in order 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, light scattering, light 
transmittance, or other effect to continuously monitor relative 
particulate matter loadings.
    Blast furnace means any reduction furnace to which sinter is charged 
and which forms separate layers of molten slag and lead bullion.
    Building means a roofed and walled structure with limited openings 
to allow access and egress for people and vehicles.
    Charging location means the physical opening through which raw 
materials are introduced into a sinter machine, blast furnace, or dross 
furnace.
    Dross furnace means any smelting furnace to which drosses are 
charged and which chemically and physically separates lead from other 
impurities.
    Drossing and refining kettle means an open-top vessel that is 
constructed of cast iron or steel and is indirectly heated from below 
and contains molten lead for the purpose of drossing, refining, or 
alloying lead. Included are pot furnaces, receiving kettles, and holding 
kettles.
    Fugitive dust source means a stationary source of hazardous air 
pollutant emissions at a primary lead processor resulting from the 
handling, storage, transfer, or other management of lead-bearing 
materials where the source is not part of a specific process, process 
vent, or stack. Fugitive dust sources include roadways, storage piles, 
materials handling transfer points, and materials transport areas.
    Furnace area means any area of a primary lead processor in which a 
blast furnace or dross furnace is located.
    Lead refiner means any facility that refines lead metal that is not 
located at a primary lead processor.
    Lead remelter means any facility that remelts lead metal that is not 
located at a primary lead processor.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable

[[Page 114]]

failure of air pollution control and monitoring equipment, process 
equipment, or a process to operate in a normal or usual manner which 
causes, or has the potential to cause, the emission limitations in an 
applicable standard to be exceeded. Failures that are caused in part by 
poor maintenance or careless operation are not malfunctions.
    Materials storage and handling area means any area of a primary lead 
processor in which lead-bearing materials (including ore concentrate, 
sinter, granulated lead, dross, slag, and flue dust) are stored or 
handled between process steps, including areas in which materials are 
stored in piles, bins, or tubs, and areas in which material is prepared 
for charging to a sinter machine or smelting furnace or other lead 
processing operation.
    Operating time means the period of time in hours that an affected 
source is in operation beginning at a startup and ending at the next 
shutdown.
    Plant operating time means the period of time in hours that either a 
sinter machine or blast furnace is in operation.
    Plant roadway means any area of a primary lead processor that is 
subject to vehicle traffic, including traffic by forklifts, front-end 
loaders, or vehicles carrying ore concentrates or cast lead ingots. 
Excluded from this definition are employee and visitor parking areas, 
provided they are not subject to traffic by vehicles carrying lead-
bearing materials.
    Primary lead processor means any facility engaged in the production 
of lead metal from lead sulfide ore concentrates through the use of 
pyrometallurgical or other techniques.
    Process fugitive source means a source of hazardous air pollutant 
emissions at a primary lead processor that is associated with lead 
smelting, processing or refining but is not the primary exhaust stream 
and is not a fugitive dust source. Process fugitive sources include 
sinter machine charging locations, sinter machine discharge locations, 
sinter crushing and sizing equipment, furnace charging locations, 
furnace taps, and drossing kettle and refining kettle charging or 
tapping locations.
    Refining and casting area means any area of a primary lead processor 
in which drossing or refining operations occur, or casting operations 
occur.
    Secondary lead smelter means any facility at which lead-bearing 
scrap material, primarily, but not limited to, lead-acid batteries, is 
recycled into elemental lead or lead alloys by smelting.
    Shutdown means the cessation of operation of an affected source for 
any purpose.
    Sinter machine means any device in which a lead sulfide ore 
concentrate charge is heated in the presence of air to eliminate sulfur 
contained in the charge and to agglomerate the charge into a hard porous 
mass called sinter.
    Sinter machine area means any area of a primary lead processor where 
a sinter machine, or sinter crushing and sizing equipment is located.
    Sinter machine discharge end means the physical opening at the end 
of a sinter machine where the sinter exits the sinter machine.
    Startup means the setting in operation of an affected source for any 
purpose.
    Tapping location means the opening thru which lead and slag are 
removed from the furnace.
    Tapping location means the opening through which lead and slag are 
removed from the furnace.

[64 FR 30204, June 4, 1999, as amended at 71 FR 20462, Apr. 20, 2006; 76 
FR 70852, Nov. 15, 2011]



Sec. 63.1543  Standards for process and process fugitive sources.

    (a) No owner or operator of any existing, new, or reconstructed 
primary lead processor shall discharge or cause to be discharged into 
the atmosphere lead compounds in excess of 0.97 pounds per ton of lead 
metal produced from the aggregation of emissions discharged from air 
pollution control devices used to control emissions from the sources 
listed in paragraphs (a)(1) through (9) of this section.
    (1) Sinter machine;
    (2) Blast furnace;
    (3) Dross furnace;
    (4) Dross furnace charging location;
    (5) Blast furnace and dross furnace tapping location;
    (6) Sinter machine charging location;

[[Page 115]]

    (7) Sinter machine discharge end;
    (8) Sinter crushing and sizing equipment; and
    (9) Sinter machine area.
    (b) No owner or operator of any existing, new, or reconstructed 
primary lead processor shall discharge or cause to be discharged into 
the atmosphere lead compounds in excess of 1.2 tons per year from the 
aggregation of the air pollution control devices used to control 
emissions from furnace area and refining and casting operations.
    (c) The process fugitive sources listed in paragraphs (a)(4) through 
(8) of this section must be equipped with a hood and must be ventilated 
to a baghouse or equivalent control device. The hood design and 
ventilation rate must be consistent with American Conference of 
Governmental Industrial Hygienists recommended practices.
    (d) The sinter machine area must be enclosed in a building that is 
ventilated to a baghouse or equivalent control device at a rate that 
maintains a positive in-draft through any doorway opening.
    (e) Except as provided in paragraph (f) of this section, following 
the initial tests to demonstrate compliance with paragraphs (a) and (b) 
of this section, the owner or operator of a primary lead processor must 
conduct compliance tests for lead compounds on a quarterly basis (no 
later than 100 days following any previous compliance test).
    (f) If the 12 most recent compliance tests demonstrate compliance 
with the emission limit specified in paragraphs (a) and (b) of this 
section, the owner or operator of a primary lead processor shall be 
allowed up to 12 calendar months from the last compliance test to 
conduct the next compliance test for lead compounds.
    (g) The owner or operator of a primary lead processor must maintain 
and operate each baghouse used to control emissions from the sources 
listed in paragraphs (a)(1) through (9) and (b) of this section such 
that the alarm on a bag leak detection system required under Sec. 
63.1547(c)(8) does not sound for more than five percent of the total 
operating time in a 6-month reporting period.
    (h) The owner or operator of a primary lead processor must record 
the date and time of a bag leak detection system alarm and initiate 
procedures to determine the cause of the alarm according to the 
corrective action plan required under Sec. 63.1547(f) within 1 hour of 
the alarm. The cause of the alarm must be corrected as soon as 
practicable.
    (i) At all times, the owner or operator must operate and maintain 
any affected source, including associated air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. 
Determination of whether such operation and maintenance procedures are 
being used will be based on information available to the Administrator 
which may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the source.

[76 FR 70853, Nov. 15, 2011]



Sec. 63.1544  Standards for fugitive dust sources.

    (a) Each owner or operator of a primary lead processor must prepare, 
and at all times operate according to, a standard operating procedures 
manual that describes in detail the measures that will be put in place 
to control fugitive dust emissions from the sources listed in paragraphs 
(a)(1) through (a)(5) of this section that incorporates each of the 
specific work practices listed in paragraphs (a)(1) through (a)(5) of 
this section:
    (1) Plant roadways. (i) Paved plant roadways must be cleaned using a 
wet sweeper unless the temperature falls below 39 degrees Fahrenheit or 
when the application of water results in the formation of ice. During 
periods when the temperature is below 39 degrees Fahrenheit, paved plant 
roadways must be cleaned using a high efficiency dry sweeper.
    (ii) Continuously operate a sprinkler system to wet plant roadways 
to prevent fugitive dust entrainment. This sprinkler system must be 
operated except during periods when the temperature is less than 39 
degrees Fahrenheit or when the application of water results in formation 
of ice.

[[Page 116]]

    (2) Material storage and handling area(s). (i) Chemically stabilize 
inactive concentrate storage piles a minimum of once every month to 
reduce particulate from wind born re-suspension.
    (ii) Finished sinter must be sufficiently wetted to ensure fugitive 
dust emissions are minimized prior to loading to railcars.
    (3) Sinter machine area(s). (i) Personnel doors must be kept closed 
during operations except when entering or exiting the furnace building 
by the aid of door weights or similar device for automatic closure.
    (ii) Large equipment doors must remain closed except when entering 
or existing the building using an automatic closure system or equivalent 
lock-and-key method.
    (iii) It may be necessary to open doors subject to the requirements 
in Sec. 63.1544(a)(3)(i) and (ii) to prevent heat stress or exhaustion 
of workers inside the sinter plant building. Records of such periods 
must be included in the report required under Sec. 63.1549(e)(8).
    (4) Furnace area(s). (i) Personnel doors must be kept closed during 
operations except when entering or exiting the furnace building by the 
aid of door weights or similar device for automatic closure.
    (ii) Large equipment doors must remain closed except when entering 
or existing the building using an automatic closure system or equivalent 
lock-and-key method.
    (iii) It may be necessary to open doors subject to the requirements 
in Sec. 63.1544(a)(4)(i) and (ii) to prevent heat stress or exhaustion 
of workers inside the blast furnace building. Records of such periods 
must be included in the report required under Sec. 63.1549(e)(8).
    (5) Refining and casting area(s). (i) Personnel doors must be kept 
closed during operations except when entering or exiting the furnace 
building by the aid of door weights or similar device for automatic 
closure.
    (ii) Large equipment doors must remain closed except when entering 
or existing the building using an automatic closure system or equivalent 
lock-and-key method.
    (iii) It may be necessary to open doors subject to the requirements 
in Sec. 63.1544(a)(5)(i) and (ii) to prevent heat stress or exhaustion 
of workers inside the refining and casting building. Records of such 
periods must be included in the report required under Sec. 
63.1549(e)(8).
    (b) Notwithstanding paragraph (c) of this section, the standard 
operating procedures manual shall be submitted to the Administrator or 
delegated authority for review and approval.
    (c) Existing manuals that describe the measures in place to control 
fugitive dust sources required as part of a State implementation plan 
for lead shall satisfy the requirements of paragraph (a) of this section 
provided they include all the work practices as described in paragraphs 
(a)(1) through (5) of this section and provided they address all the 
sources listed in paragraphs (a)(1) through (5) of this section.
    (d) At all times, the owner or operator must operate and maintain 
any affected source, including associated air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. 
Determination of whether such operation and maintenance procedures are 
being used will be based on information available to the Administrator 
which may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the source.

[76 FR 70853, Nov. 15, 2011]



Sec. 63.1545  Compliance dates.

    (a) Each owner or operator of an existing primary lead processor 
must achieve compliance with the requirements in Sec. 16.1543(a) no 
later than January 17, 2012. Each owner or operator of an existing 
primary lead processor must achieve compliance with the requirements of 
Sec. 63.1544 no later than February 13, 2012. Each owner or operator of 
an existing primary lead processor must achieve compliance with the 
requirements in Sec. 63.1543(b) and (e) of this subpart no later than 
November 15, 2013.
    (b) Each owner or operator of a new primary lead processor must 
achieve compliance with the requirements of

[[Page 117]]

this subpart no later than January 17, 2012 or startup, whichever is 
later.
    (c) Prior to the dates specified in Sec. 63.1545(a), each owner or 
operator of an existing primary lead processor must continue to comply 
with the requirements of Sec. Sec. 63.1543 and 63.1544 as promulgated 
in the June 4, 1999 NESHAP for Primary Lead Smelting.
    (d) Each owner or operator of an existing primary lead processor 
must comply with the requirements of Sec. Sec. 63.1547(g)(1) and (2), 
63.1551, and Table 1 of Subpart TTT of Part 63 on November 15, 2011.

[76 FR 70854, Nov. 15, 2011]



Sec. 63.1546  Performance testing.

    (a) The following procedures must be used to determine quarterly 
compliance with the emissions standard for lead compounds under Sec. 
63.1543(a) and (b) for existing sources:
    (1) Each owner or operator of existing sources listed in Sec. 
63.1543(a)(1) through (9) and (b) must determine the lead compound 
emissions rate, in units of pounds of lead per hour according to the 
following test methods in appendix A of part 60 of this chapter:
    (i) Method 1 must be used to select the sampling port location and 
the number of traverse points.
    (ii) Method 2, 2F, 2G must be used to measure volumetric flow rate.
    (iii) Method 3, 3A, 3B must be used for gas analysis.
    (iv) Method 4 must be used to determine moisture content of the 
stack gas.
    (v) Method 12 or Method 29 must be used to determine lead emissions 
rate of the stack gas.
    (2) A performance test shall consist of at least three runs. For 
each test run with Method 12 or Method 29, the minimum sample time must 
be 60 minutes and the minimum volume must be 1 dry standard cubic meter 
(35 dry standard cubic feet).
    (3) Performance tests shall be completed quarterly, once every 3 
months, to determine compliance.
    (4) The lead emission rate in pounds per quarter is calculated by 
multiplying the quarterly lead emission rate in pounds per hour by the 
quarterly plant operating time, in hours as shown in Equation 1:
[GRAPHIC] [TIFF OMITTED] TR15NO11.000

Where:

EPb = quarterly lead emissions, pounds per quarter;
ERPb = quarterly lead emissions rate, pounds per hour; and
QPOT = quarterly plant operating time, hours per quarter.

    (5) The lead production rate, in units of tons per quarter, must be 
determined based on production data for the previous quarter according 
to the procedures detailed in paragraphs (a)(5)(i) through (iv) of this 
section:
    (i) Total lead products production multiplied by the fractional lead 
content must be determined in units of tons.
    (ii) Total copper matte production multiplied by the fractional lead 
content must be determined in units of tons.
    (iii) Total copper speiss production multiplied by the fractional 
lead content must be determined in units of tons.
    (iv) Total quarterly lead production must be determined by summing 
the values obtained in paragraphs (a)(5)(i) through (iii) of this 
section.
    (6) To determine compliance with the production-based lead compound 
emission rate in Sec. 63.1543(a), the quarterly production-based lead 
compound emission rate, in units of pounds of lead emissions per ton of 
lead produced, is calculated as shown in Equation 2 by dividing lead 
emissions by lead production.

[[Page 118]]

[GRAPHIC] [TIFF OMITTED] TR15NO11.001

Where:

CEPb = quarterly production-based lead compound emission 
          rate, in units of pounds of lead emissions per ton of lead 
          produced;
EPb = quarterly lead emissions, pounds per quarter; and
PPb = quarterly lead production, tons per quarter.

    (7) To determine quarterly compliance with the emissions standard 
for lead compounds under Sec. 63.1543(b), sum the lead compound 
emission rates for the current and previous three quarters for the 
sources in Sec. 63.1543(b), as determined in accordance with paragraphs 
(a)(1) through (4) of this section.
    (b) Owners and operators must perform an initial compliance test to 
demonstrate compliance with the sinter building in-draft requirements of 
Sec. 63.1543(d) at each doorway opening in accordance with paragraphs 
(b)(1) through (4) of this section.
    (1) Use a propeller anemometer or equivalent device.
    (2) Determine doorway in-draft by placing the anemometer in the 
plane of the doorway opening near its center.
    (3) Determine doorway in-draft for each doorway that is open during 
normal operation with all remaining doorways in their customary position 
during normal operation.
    (4) Do not determine doorway in-draft when ambient wind speed 
exceeds 2 meters per second.
    (c) Performance tests shall be conducted under such conditions as 
the Administrator specifies to the owner or operator based on 
representative performance of the affected source for the period being 
tested. Upon request, the owner or operator shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of performance tests.

[76 FR 70854, Nov. 15, 2011]



Sec. 63.1547  Monitoring requirements.

    (a) Owners and operators of primary lead processors must prepare, 
and at all times operate according to, a standard operating procedures 
manual that describes in detail the procedures for inspection, 
maintenance, and bag leak detection and corrective action for all 
baghouses that are used to control process, process fugitive, or 
fugitive dust emissions from any source subject to the lead emission 
standards in Sec. Sec. 63.1543 and 63.1544, including those used to 
control emissions from general ventilation systems.
    (b) The standard operating procedures manual for baghouses required 
by paragraph (a) of this section must be submitted to the Administrator 
or delegated authority for review and approval.
    (c) The procedures specified in the standard operating procedures 
manual for inspections and routine maintenance must, at a minimum, 
include the requirements of paragraphs (c)(1) through (8) of this 
section.
    (1) Weekly confirmation that dust is being removed from hoppers 
through visual inspection or equivalent means of ensuring the proper 
functioning of removal mechanisms.
    (2) Daily check of compressed air supply for pulse-jet baghouses.
    (3) An appropriate methodology for monitoring cleaning cycles to 
ensure proper operation.
    (4) Monthly check of bag cleaning mechanisms for proper functioning 
through visual inspection or equivalent means.
    (5) Quarterly visual check 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. Such checks are not required for shaker-type 
baghouses using self-tensioning (spring loaded) devices.
    (6) Quarterly confirmation of the physical integrity of the baghouse 
through visual inspection of the baghouse interior for air leaks.
    (7) Quarterly inspection of fans for wear, material buildup, and 
corrosion through visual inspection, vibration detectors, or equivalent 
means.

[[Page 119]]

    (8) Except as provided in paragraph (h) of this section, continuous 
operation of a bag leak detection system.
    (d) The procedures specified in the standard operating procedures 
manual for maintenance must, at a minimum, include a preventative 
maintenance schedule that is consistent with the baghouse manufacturer's 
instructions for routine and long-term maintenance.
    (e) The bag leak detection system required by paragraph (c)(8) of 
this section must meet the specifications and requirements of (e)(1) 
through (8) of this section.
    (1) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligram 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 must 
continuously record the output from the bag leak detection system.
    (3) The bag leak detection system must be equipped with an alarm 
system that will sound when an increase in relative particulate loading 
is detected over a preset level, and the alarm must be located such that 
it can be heard or otherwise determined by the appropriate plant 
personnel.
    (4) Each bag leak detection system that works based on the 
triboelectric effect must be installed, calibrated, and maintained in a 
manner consistent with guidance provided in the U.S. Environmental 
Protection Agency guidance document ``Fabric Filter Bag Leak Detection 
Guidance'' (EPA-454/R-98-015). Other bag leak detection systems must be 
installed, calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations.
    (5) The initial adjustment of the system must, at a minimum, consist 
of establishing the baseline output by adjusting the sensitivity (range) 
and the averaging period of the device, and establishing the alarm set 
points and the alarm delay time.
    (6) Following initial adjustment, the owner or operator must not 
adjust the sensitivity or range, averaging period, alarm set points, or 
alarm delay time, except as detailed in the approved SOP required under 
paragraph (a) of this section. In no event shall the sensitivity be 
increased by more than 100 percent or decreased more than 50 percent 
over a 365-day period unless a responsible official certifies that the 
baghouse has been inspected and found to be in good operating condition.
    (7) For negative pressure, induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag leak detector must be installed downstream of the 
baghouse and upstream of any wet acid gas scrubber.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (f) The standard operating procedures manual required by paragraph 
(a) of this section must include a corrective action plan that specifies 
the procedures to be followed in the event of a bag leak detection 
system alarm. The corrective action plan must include at a minimum, 
procedures to be used to determine the cause of an alarm, as well as 
actions to be taken to minimize emissions, which may include, but are 
not limited to, the following.
    (1) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
emissions.
    (2) Sealing off defective bags or filter media.
    (3) Replacing defective bags or filter media, or otherwise repairing 
the control device.
    (4) Sealing off a defective baghouse compartment.
    (5) Cleaning the bag leak detection system probe, or otherwise 
repairing or maintaining the bag leak detection system.
    (6) Shutting down the process producing the particulate emissions.
    (g) The percentage of total operating time the alarm on the bag leak 
detection system sounds in a 6-month reporting period must be calculated 
in order to determine compliance with the five percent operating limit 
in Sec. 63.1543(g). The percentage of time the alarm on the bag leak 
detection system

[[Page 120]]

sounds must be determined according to paragraphs (g)(1) through (3) of 
this section.
    (1) For each alarm where the owner or operator initiates procedures 
to determine the cause of an alarm within 1 hour of the alarm, 1 hour of 
alarm time must be counted.
    (2) For each alarm where the owner or operator does not initiate 
procedures to determine the cause of the alarm within 1 hour of the 
alarm, alarm time will be counted as the actual amount of time taken by 
the owner or operator to initiate procedures to determine the cause of 
the alarm.
    (3) The percentage of time the alarm on the bag leak detection 
system sounds must be calculated as the ratio of the sum of alarm times 
to the total operating time multiplied by 100.
    (h) Baghouses equipped with HEPA filters as a secondary filter used 
to control process or process fugitive sources subject to the lead 
emission standards in Sec. 63.1543 are exempt from the requirement in 
paragraph (c)(8) of this section to be equipped with a bag leak 
detector. The owner or operator of an affected source that uses a HEPA 
filter must monitor and record the pressure drop across the HEPA filter 
system daily. If the pressure drop is outside the limit(s) specified by 
the filter manufacturer, the owner or operator must take appropriate 
corrective measures, which may include, but not be limited to, the 
following:
    (1) Inspecting the filter and filter housing for air leaks and torn 
or broken filters.
    (2) Replacing defective filter media, or otherwise repairing the 
control device.
    (3) Sealing off a defective control device by routing air to other 
comparable control devices.
    (4) Shutting down the process producing the particulate emissions.
    (i) Owners and operators must monitor sinter machine building in-
draft to demonstrate continued compliance with the operating standard 
specified in Sec. 63.1543(d) in accordance with either paragraph 
(i)(1), (2), or (3) of this section.
    (1) Owners and operators must check and record on a daily basis 
doorway in-draft at each doorway in accordance with the methodology 
specified in Sec. 63.1546(b).
    (2) Owners and operators must establish and maintain baseline 
ventilation parameters which result in a positive in-draft according to 
paragraphs (i)(2)(i) through (iv) of this section.
    (i) Owners and operators must install, calibrate, maintain, and 
operate a monitoring device that continuously records the volumetric 
flow rate through each separately ducted hood; or install, calibrate, 
maintain, and operate a monitoring device that continuously records the 
volumetric flow rate at the control device inlet of each exhaust system 
ventilating the building. The flow rate monitoring device(s) can be 
installed in any location in the exhaust duct such that reproducible 
flow rate measurements will result. The flow rate monitoring device(s) 
must have an accuracy of plus or minus 10 percent over the normal 
process operating range and must be calibrated according to 
manufacturer's instructions.
    (ii) During the initial demonstration of sinter building in-draft, 
and at any time the owner or operator wishes to re-establish the 
baseline ventilation parameters, the owner or operator must continuously 
record the volumetric flow rate through each separately ducted hood, or 
continuously record the volumetric flow rate at the control device inlet 
of each exhaust system ventilating the building and record exhaust 
system damper positions. The owner or operator must determine the 
average volumetric flow rate(s) corresponding to the period of time the 
in-draft compliance determinations are being conducted.
    (iii) The owner or operator must maintain the volumetric flow 
rate(s) at or above the value(s) established during the most recent in-
draft determination at all times the sinter machine is in operation. 
Volumetric flow rate(s) must be calculated as a 15-minute average.
    (iv) If the volumetric flow rate is monitored at the control device 
inlet, the owner or operator must check and record damper positions 
daily to ensure they are in the positions they were in

[[Page 121]]

during the most recent in-draft determination.
    (3) An owner or operator may request an alternative monitoring 
method by following the procedures and requirements in Sec. 63.8(f) of 
the General Provisions.
    (j) Each owner or operator of new or modified sources listed under 
Sec. 63.1543 (a)(1) through (9) and (b) must install, calibrate, 
maintain, and operate a continuous emission monitoring system (CEMS) for 
measuring lead emissions and a continuous emission rate monitoring 
system (CERMS) subject to Performance Specification 6 of appendix B to 
part 60.
    (1) Each owner or operator of a source subject to the emissions 
limits for lead compounds under Sec. 63.1543(a)and (b) must install a 
CEMS for measuring lead emissions within 180 days of promulgation of 
performance specifications for lead CEMS.
    (i) Prior to promulgation of performance specifications for CEMS 
used to measure lead concentrations, an owner or operator must use the 
procedure described in Sec. 63.1546(a)(1) through (7) of this section 
to determine compliance.
    (2) If a CEMS used to measure lead emissions is applicable, the 
owner or operator must install a CERMS with a sensor in a location that 
provides representative measurement of the exhaust gas flow rate at the 
sampling location of the CEMS used to measure lead emissions, taking 
into account the manufacturer's recommendations. The flow rate sensor is 
that portion of the system that senses the volumetric flow rate and 
generates an output proportional to that flow rate.
    (i) The CERMS must be designed to measure the exhaust gas flow rate 
over a range that extends from a value of at least 20 percent less than 
the lowest expected exhaust flow rate to a value of at least 20 percent 
greater than the highest expected exhaust gas flow rate.
    (ii) The CERMS must be equipped with a data acquisition and 
recording system that is capable of recording values over the entire 
range specified in paragraph (j)(2)(i) of this section.
    (iii) Each owner or operator must perform an initial relative 
accuracy test of the CERMS in accordance with the applicable Performance 
Specification in appendix B to part 60 of the chapter.
    (iv) Each owner or operator must operate the CERMS and record data 
during all periods of operation of the affected facility including 
periods of startup, shutdown, and malfunction, except for periods of 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments.
    (3) Each owner or operator must calculate the lead emissions rate in 
tons per year by summing all hours of CEMS data for a year to determine 
compliance with Sec. 63.1543(b).
    (i) When the CERMS are unable to provide quality assured data the 
following applies:
    (A) When data are not available for periods of up to 48 hours, the 
highest recorded hourly emission rate from the previous 24 hours must be 
used.
    (B) When data are not available for 48 or more hours, the maximum 
daily emission rate based on the previous 30 days must be used.

[76 FR 70855, Nov. 15, 2011]



Sec. 63.1548  Notification requirements.

    (a) The owner or operator of a primary lead processor must comply 
with the notification requirements of Sec. 63.9 of subpart A, General 
Provisions as specified in Table 1 of this subpart.
    (b) The owner or operator of a primary lead processor must submit 
the standard operating procedures manual for baghouses required under 
Sec. 63.1547(a) to the Administrator or delegated authority along with 
a notification that the primary lead processor is seeking review and 
approval of the manual and procedures. Owners or operators of existing 
primary lead processors must submit this notification no later than 
November 6, 2000. The owner or operator of a primary lead processor that 
commences construction or reconstruction after April 17, 1998, must 
submit this notification no later than 180 days

[[Page 122]]

before startup of the constructed or reconstructed primary lead 
processor, but no sooner than September 2, 1999.

[76 FR 70857, Nov. 15, 2011]



Sec. 63.1549  Recordkeeping and reporting requirements.

    (a) The owner or operator of a primary lead processor must comply 
with the recordkeeping requirements of Sec. 63.10 of subpart A, General 
Provisions as specified in Table 1 of this subpart.
    (b) In addition to the general records required by paragraph (a) of 
this section, each owner or operator of a primary lead processor must 
maintain for a period of 5 years, records of the information listed in 
paragraphs (b)(1) through (10) of this section.
    (1) Production records of the weight and lead content of lead 
products, copper matte, and copper speiss.
    (2) Records of the bag leak detection system output.
    (3) An identification of the date and time of all bag leak detection 
system alarms, the time that procedures to determine the cause of the 
alarm were initiated, the cause of the alarm, an explanation of the 
actions taken, and the date and time the cause of the alarm was 
corrected.
    (4) Any recordkeeping required as part of the practices described in 
the standard operating procedures manual for baghouses required under 
Sec. 63.1547(a).
    (5) If an owner or operator chooses to demonstrate continuous 
compliance with the sinter building in-draft requirement under Sec. 
63.1543(d) by employing the method allowed in Sec. 63.1547(i)(1), the 
records of the daily doorway in-draft checks, an identification of the 
periods when there was not a positive in-draft, and an explanation of 
the corrective actions taken.
    (6) If an owner or operator chooses to demonstrate continuous 
compliance with the sinter building in-draft requirement under Sec. 
63.1543(d) by employing the method allowed in Sec. 63.1547(i)(2), the 
records of the output from the continuous volumetric flow monitor(s), an 
identification of the periods when the 15-minute volumetric flow rate 
dropped below the minimum established during the most recent in-draft 
determination, and an explanation of the corrective actions taken.
    (7) If an owner or operator chooses to demonstrate continuous 
compliance with the sinter building in-draft requirement under Sec. 
63.1543(d) by employing the method allowed in Sec. 63.1547(i)(2), and 
volumetric flow rate is monitored at the baghouse inlet, records of the 
daily checks of damper positions, an identification of the days that the 
damper positions were not in the positions established during the most 
recent in-draft determination, and an explanation of the corrective 
actions taken.
    (8) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control 
equipment and monitoring equipment.
    (9) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. Sec. 63.1543(i) and 
63.1544(d), including corrective actions to restore malfunctioning 
process and air pollution control and monitoring equipment to its normal 
or usual manner of operation.
    (c) Records for the most recent 2 years of operation must be 
maintained on site. Records for the previous 3 years may be maintained 
off site.
    (d) The owner or operator of a primary lead processor must comply 
with the reporting requirements of Sec. 63.10 of subpart A, General 
Provisions as specified in Table 1 of this subpart.
    (e) In addition to the information required under Sec. 63.10 of the 
General Provisions, the owner or operator must provide semi-annual 
reports containing the information specified in paragraphs (e)(1) 
through (9) of this section to the Administrator or designated 
authority.
    (1) The reports must include records of all alarms from the bag leak 
detection system specified in Sec. 63.1547(e).
    (2) The reports must include a description of the actions taken 
following each bag leak detection system alarm pursuant to Sec. 
63.1547(f).
    (3) The reports must include a calculation of the percentage of time 
the alarm on the bag leak detection system sounded during the reporting 
period pursuant to Sec. 63.1547(g).
    (4) If an owner or operator chooses to demonstrate continuous 
compliance

[[Page 123]]

with the sinter building in-draft requirement under Sec. 63.1543(d) by 
employing the method allowed in Sec. 63.1547(i)(1), the reports must 
contain an identification of the periods when there was not a positive 
in-draft, and an explanation of the corrective actions taken.
    (5) If an owner or operator chooses to demonstrate continuous 
compliance with the sinter building in-draft requirement under Sec. 
63.1543(d) by employing the method allowed in Sec. 63.1547(i)(2), the 
reports must contain an identification of the periods when the 15-minute 
volumetric flow rate(s) dropped below the minimum established during the 
most recent in-draft determination, and an explanation of the corrective 
actions taken.
    (6) If an owner or operator chooses to demonstrate continuous 
compliance with the sinter building in-draft requirement under Sec. 
63.1543(d) by employing the method allowed in Sec. 63.1547(i)(2), and 
volumetric flow rate is monitored at the baghouse inlet, the reports 
must contain an identification of the days that the damper positions 
were not in the positions established during the most recent in-draft 
determination, and an explanation of the corrective actions taken.
    (7) The reports must contain a summary of the records maintained as 
part of the practices described in the standard operating procedures 
manual for baghouses required under Sec. 63.1547(a), including an 
explanation of the periods when the procedures were not followed and the 
corrective actions taken.
    (8) The reports shall contain a summary of the fugitive dust control 
measures performed during the required reporting period, including an 
explanation of any periods when the procedures outlined in the standard 
operating procedures manual required by Sec. 63.1544(a) were not 
followed and the corrective actions taken. The reports shall not contain 
copies of the daily records required to demonstrate compliance with the 
requirements of the standard operating procedures manuals required under 
Sec. Sec. 63.1544(a) and 63.1547(a).
    (9) If there was a malfunction during the reporting period, the 
report shall also include the number, duration, and a brief description 
for each type of malfunction which occurred during the reporting period 
and which caused or may have caused any applicable emission limitation 
to be exceeded. The report must also include a description of actions 
taken by an owner or operator during a malfunction of an affected source 
to minimize emissions in accordance with Sec. Sec. 63.1543(i) and 
63.1544(d), including actions taken to correct a malfunction.

[76 FR 70857, Nov. 15, 2011]



Sec. 63.1550  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(l) of the act, the authorities contained in 
paragraph (b) of this section must be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: No 
restrictions.

[76 FR 70858, Nov. 15, 2011]



Sec. 63.1551  Affirmative defense for exceedance of emission limit
during malfunction.

    In response to an action to enforce the standards set forth in this 
subpart you may assert an affirmative defense to a claim for civil 
penalties for exceedances of such standards that are caused by 
malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be 
assessed, however, if you fail to meet your burden of proving all of the 
requirements in the affirmative defense. The affirmative defense shall 
not be available for claims for injunctive relief.
    (a) Affirmative defense. To establish the affirmative defense in any 
action to enforce such a limit, you must timely meet the notification 
requirements in paragraph (b) of this section, and must prove by a 
preponderance of evidence that:
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of 
air pollution control and monitoring equipment, process equipment, or a 
process to operate in a normal or usual manner, and
    (ii) Could not have been prevented through careful planning, proper 
design

[[Page 124]]

or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (iv) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable to make these 
repairs; and
    (3) The frequency, amount and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions; and
    (4) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment and human 
health; and
    (6) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (7) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs; and
    (8) At all times, the facility was operated in a manner consistent 
with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis shall also specify, using best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (b) Notification. The owner or operator of the facility experiencing 
an exceedance of its emission limit(s) during a malfunction shall notify 
the Administrator by telephone or facsimile (FAX) transmission as soon 
as possible, but no later than two business days after the initial 
occurrence of the malfunction, if it wishes to avail itself of an 
affirmative defense to civil penalties for that malfunction. The owner 
or operator seeking to assert an affirmative defense shall also submit a 
written report to the Administrator within 45 days of the initial 
occurrence of the exceedance of the standards in this subpart to 
demonstrate, with all necessary supporting documentation, that it has 
met the requirements set forth in paragraph (a) of this section. The 
owner or operator may seek an extension of this deadline for up to 30 
additional days by submitting a written request to the Administrator 
before the expiration of the 45 day period. Until a request for an 
extension has been approved by the Administrator, the owner or operator 
is subject to the requirement to submit such report within 45 days of 
the initial occurrence of the exceedance.

[76 FR 70858, Nov. 15, 2011]



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

------------------------------------------------------------------------
                                    Applies to
           Reference               subpart TTT            Comment
------------------------------------------------------------------------
63.6(a), (b), (c).............  Yes.
63.6(d).......................  No...............  Section reserved.
63.6(e)(1)(i).................  No...............  See 63.1543(i) and
                                                    63.1544(d) for
                                                    general duty
                                                    requirement.
63.6(e)(1)(ii)................  No.
63.6(e)(1)(iii)...............  Yes.
63.6(e)(2)....................  No...............  Section reserved.
63.6(e)(3)....................  No.
63.6(f)(1)....................  No.
63.6(g).......................  Yes.
63.6(h).......................  No...............  No opacity limits in
                                                    rule.
63.6(i).......................  Yes.

[[Page 125]]

 
63.6(j).......................  Yes.
Sec. 63.7(a)-(d)............  Yes.
Sec. 63.7(e)(1).............  No...............  See 63.1546(c).
Sec. 63.7(e)(2)-(e)(4)......  Yes.
63.7(f), (g), (h).............  Yes.
63.8(a)-(b)...................  Yes.
63.8(c)(1)(i).................  No.
63.8(c)(1)(ii)................  Yes.
63.8(c)(1)(iii)...............  No.
63.8(c)(2)-(d)(2).............  Yes.
63.8(d)(3)....................  Yes, except for
                                 last sentence.
63.8(e)-(g)...................  Yes.
63.9(a), (b), (c), (e), (g),    Yes.
 (h)(1) through (3), (h)(5)
 and (6), (i) and (j).
63.9(f).......................  No.
63.9(h)(4)....................  No...............  Reserved.
63.9(k).......................  Yes..............  Only as specified in
                                                    63.9(j).
63.10(b)(2)(i)................  No.
63.10(b)(2)(ii)...............  No...............  See 63.1549(b)(9) and
                                                    (10) for
                                                    recordkeeping of
                                                    occurrence and
                                                    duration of
                                                    malfunctions and
                                                    recordkeeping of
                                                    actions taken during
                                                    malfunction.
63.10(b)(2)(iii)..............  Yes.
63.10(b)(2)(iv)-(b)(2)(v).....  No.
63.10(b)(2)(vi)-(b)(2)(xiv)...  Yes.
63.(10)(b)(3).................  Yes.
63.10(c)(1)-(9)...............  Yes.
63.10(c)(10)-(11).............  No...............  See 63.1549(b)(9) and
                                                    (10) for
                                                    recordkeeping of
                                                    malfunctions.
63.10(c)(12)-(c)(14)..........  Yes.
63.10(c)(15)..................  No.
63.10(d)(1)-(4)...............  Yes.
63.10(d)(5)...................  No...............  See 63.1549(e)(9) for
                                                    reporting of
                                                    malfunctions.
63.10(e)-(f)..................  Yes.
------------------------------------------------------------------------


[76 FR 70858, Nov. 15, 2011, as amended at 85 FR 73901, Nov. 19, 2020]



Subpart UUU_National Emission Standards for Hazardous Air Pollutants for 
  Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming 
                    Units, and Sulfur Recovery Units

    Source: 67 FR 17773, Apr. 11, 2002, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.1560  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (HAP) emitted from petroleum refineries. This subpart 
also establishes requirements to demonstrate initial and continuous 
compliance with the emission limitations and work practice standards.



Sec. 63.1561  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
petroleum refinery that is located at a major source of HAP emissions.
    (1) A petroleum refinery is an establishment engaged primarily in 
petroleum refining as defined in the Standard Industrial Classification 
(SIC) code 2911 and the North American Industry Classification (NAIC) 
code 32411, and used mainly for:
    (i) Producing transportation fuels (such as gasoline, diesel fuels, 
and jet fuels), heating fuels (such as kerosene, fuel gas distillate, 
and fuel oils), or lubricants;
    (ii) Separating petroleum; or
    (iii) Separating, cracking, reacting, or reforming an intermediate 
petroleum stream, or recovering a by-product(s) from the intermediate 
petroleum stream (e.g., sulfur recovery).
    (2) A major source of HAP is a plant site that emits or has the 
potential to

[[Page 126]]

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.
    (b) [Reserved]



Sec. 63.1562  What parts of my plant are covered by this subpart?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source at a petroleum refinery.
    (b) The affected sources are:
    (1) The process vent or group of process vents on fluidized 
catalytic cracking units that are associated with regeneration of the 
catalyst used in the unit (i.e., the catalyst regeneration flue gas 
vent).
    (2) The process vent or group of process vents on catalytic 
reforming units (including but not limited to semi-regenerative, cyclic, 
or continuous processes) that are associated with regeneration of the 
catalyst used in the unit. This affected source includes vents that are 
used during the unit depressurization, purging, coke burn, and catalyst 
rejuvenation.
    (3) The process vent or group of process vents on Claus or other 
types of sulfur recovery plant units or the tail gas treatment units 
serving sulfur recovery plants that are associated with sulfur recovery.
    (4) Each bypass line serving a new, existing, or reconstructed 
catalytic cracking unit, catalytic reforming unit, or sulfur recovery 
unit. This means each vent system that contains a bypass line (e.g., 
ductwork) that could divert an affected vent stream away from a control 
device used to comply with the requirements of this subpart.
    (c) An affected source is a new affected source if you commence 
construction of the affected source after September 11, 1998, and you 
meet the applicability criteria in Sec. 63.1561 at the time you 
commenced construction.
    (d) Any affected source is reconstructed if you meet the criteria in 
Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.
    (f) This subpart does not apply to:
    (1) A thermal catalytic cracking unit.
    (2) A sulfur recovery unit that does not recover elemental sulfur or 
where the modified reaction is carried out in a water solution which 
contains a metal ion capable of oxidizing the sulfide ion to sulfur 
(e.g., the LO-CAT II process).
    (3) A redundant sulfur recovery unit not located at a petroleum 
refinery and used by the refinery only for emergency or maintenance 
backup.
    (4) Equipment associated with bypass lines such as low leg drains, 
high point bleed, analyzer vents, open-ended valves or lines, or 
pressure relief valves needed for safety reasons.
    (5) Gaseous streams routed to a fuel gas system, provided that on 
and after January 30, 2019, any flares receiving gas from the fuel gas 
system are subject to Sec. 63.670.

[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6938, Feb. 9, 2005; 80 
FR 75273, Dec. 1, 2015]



Sec. 63.1563  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 the requirements in paragraphs 
(a)(1) and (2) of this section.
    (1) If you startup your affected source before April 11, 2002, then 
you must comply with the emission limitations and work practice 
standards for new and reconstructed sources in this subpart no later 
than April 11, 2002 except as provided in paragraph (d) of this section.
    (2) If you startup your affected source after April 11, 2002, you 
must comply with the emission limitations and work practice standards 
for new and reconstructed sources in this subpart upon startup of your 
affected source except as provided in paragraph (d) of this section.
    (b) If you have an existing affected source, you must comply with 
the emission limitations and work practice standards for existing 
affected sources in this subpart by no later than April 11, 2005 except 
as specified in paragraphs (c) and (d) of this section.
    (c) We will grant an extension of compliance for an existing 
catalytic cracking unit allowing additional time to meet the emission 
limitations and work practice standards for catalytic

[[Page 127]]

cracking units in Sec. Sec. 63.1564 and 63.1565 if you commit to 
hydrotreating the catalytic cracking unit feedstock and to meeting the 
emission limitations of this subpart on the same date that your facility 
meets the final Tier 2 gasoline sulfur control standard (40 CFR part 80, 
subpart J). To obtain an extension, you must submit a written 
notification to your permitting authority according to the requirements 
in Sec. 63.1574(e). Your notification must include the information in 
paragraphs (c)(1) and (2) of this section.
    (1) Identification of the affected source with a brief description 
of the controls to be installed (if needed) to comply with the emission 
limitations for catalytic cracking units in this subpart.
    (2) A compliance schedule, including the information in paragraphs 
(c)(2)(i) through (iv) of this section.
    (i) The date by which onsite construction or the process change is 
to be initiated.
    (ii) The date by which onsite construction or the process change is 
to be completed.
    (iii) The date by which your facility will achieve final compliance 
with both the final Tier 2 gasoline sulfur control standard as specified 
in Sec. 80.195, and the emission limitations and work practice 
standards for catalytic cracking units in this subpart. In no case will 
your permitting authority grant an extension beyond the date you are 
required to meet the Tier 2 gasoline sulfur control standard or December 
31, 2009, whichever comes first. If you don't comply with the emission 
limitations and work practice standards for existing catalytic cracking 
units by the specified date, you will be out-of-compliance with the 
requirements for catalytic cracking units beginning April 11, 2005.
    (iv) A brief description of interim emission control measures that 
will be taken to ensure proper operation and maintenance of the process 
equipment during the period of the compliance extension.
    (d) You must comply with the applicable requirements in Sec. Sec. 
63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4) as specified in paragraph 
(d)(1) or (2) of this section, as applicable.
    (1) For sources which commenced construction or reconstruction 
before June 30, 2014, you must comply with the applicable requirements 
in Sec. Sec. 63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4) on or 
before August 1, 2017 unless an extension is requested and approved in 
accordance with the provisions in Sec. 63.6(i). After February 1, 2016 
and prior to the date of compliance with the provisions in Sec. Sec. 
63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4), you must comply with the 
requirements in Sec. 63.1570(c) and (d).
    (2) For sources which commenced construction or reconstruction on or 
after June 30, 2014, you must comply with the applicable requirements in 
Sec. Sec. 63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4) on or before 
February 1, 2016 or upon startup, whichever is later.
    (e) 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 
requirements in paragraphs (e)(1) and (2) of this section apply.
    (1) Any portion of the existing facility that is a new affected 
source or a new reconstructed source must be in compliance with the 
requirements of this subpart upon startup.
    (2) All other parts of the source must be in compliance with the 
requirements of this subpart by no later than 3 years after it becomes a 
major source or, if applicable, the extended compliance date granted 
according to the requirements in paragraph (c) of this section.
    (f) You must meet the notification requirements in Sec. 63.1574 
according to the schedule in Sec. 63.1574 and in 40 CFR part 63, 
subpart A. Some of the notifications must be submitted before the date 
you are required to comply with the emission limitations and work 
practice standards in this subpart.

[67 FR 17773, Apr. 11, 2002, as amended at 81 FR 45243, July 13, 2016]

[[Page 128]]

  Catalytic Cracking Units, Catalytic Reforming Units, Sulfur Recovery 
                         Units, and Bypass Lines



Sec. 63.1564  What are my requirements for metal HAP emissions from 
catalytic cracking units?

    (a) What emission limitations and work practice standards must I 
meet? You must:
    (1) Except as provided in paragraph (a)(5) of this section, meet 
each emission limitation in table 1 of this subpart that applies to you. 
If your catalytic cracking unit is subject to the NSPS for PM in Sec. 
60.102 of this chapter or is subject to Sec. 60.102a(b)(1) of this 
chapter, you must meet the emission limitations for NSPS units. If your 
catalytic cracking unit is not subject to the NSPS for PM, you can 
choose from the six options in paragraphs (a)(1)(i) through (vi) of this 
section:
    (i) You can elect to comply with the NSPS for PM in Sec. 60.102 of 
this chapter (Option 1a);
    (ii) You can elect to comply with the NSPS for PM coke burn-off 
emission limit in Sec. 60.102a(b)(1) of this chapter (Option 1b);
    (iii) You can elect to comply with the NSPS for PM concentration 
limit in Sec. 60.102a(b)(1) of this chapter (Option 1c);
    (iv) You can elect to comply with the PM per coke burn-off emission 
limit (Option 2);
    (v) You can elect to comply with the Nickel (Ni) lb/hr emission 
limit (Option 3); or
    (vi) You can elect to comply with the Ni per coke burn-off emission 
limit (Option 4).
    (2) Comply with each operating limit in Table 2 of this subpart that 
applies to you. When a specific control device may be monitored using 
more than one continuous parameter monitoring system, you may select the 
parameter with which you will comply. You must provide notice to the 
Administrator (or other designated authority) if you elect to change the 
monitoring option.
    (3) Prepare an operation, maintenance, and monitoring plan according 
to the requirements in Sec. 63.1574(f) and operate at all times 
according to the procedures in the plan.
    (4) The emission limitations and operating limits for metal HAP 
emissions from catalytic cracking units required in paragraphs (a)(1) 
and (2) of this section do not apply during periods of planned 
maintenance preapproved by the applicable permitting authority according 
to the requirements in Sec. 63.1575(j).
    (5) On or before the date specified in Sec. 63.1563(d), you must 
comply with one of the two options in paragraphs (a)(5)(i) and (ii) of 
this section during periods of startup, shutdown and hot standby:
    (i) You can elect to comply with the requirements in paragraphs 
(a)(1) and (2) of this section, except catalytic cracking units 
controlled using a wet scrubber must maintain only the liquid to gas 
ratio operating limit (the pressure drop operating limit does not 
apply); or
    (ii) You can elect to maintain the inlet velocity to the primary 
internal cyclones of the catalytic cracking unit catalyst regenerator at 
or above 20 feet per second.
    (b) How do I demonstrate initial compliance with the emission 
limitations and work practice standard? You must:
    (1) Install, operate, and maintain a continuous monitoring system(s) 
according to the requirements in Sec. 63.1572 and Table 3 of this 
subpart.
    (2) Conduct a performance test for each catalytic cracking unit 
according to the requirements in Sec. 63.1571 and under the conditions 
specified in Table 4 of this subpart.
    (3) Establish each site-specific operating limit in Table 2 of this 
subpart that applies to you according to the procedures in Table 4 of 
this subpart.
    (4) Use the procedures in paragraphs (b)(4)(i) through (iv) of this 
section to determine initial compliance with the emission limitations.
    (i) If you elect Option 1b or Option 2 in paragraph (a)(1)(ii) or 
(iv) of this section, compute the PM emission rate (lb/1,000 lb of coke 
burn-off) for each run using Equations 1, 2, and 3 (if applicable) of 
this section and the site-specific opacity limit, if applicable, using 
Equation 4 of this section as follows:

[[Page 129]]

[GRAPHIC] [TIFF OMITTED] TR01DE15.018


Where:

Rc = Coke burn-off rate, kg/hr (lb/hr);
Qr = Volumetric flow rate of exhaust gas from catalyst 
          regenerator before adding air or gas streams. Example: You may 
          measure upstream or downstream of an electrostatic 
          precipitator, but you must measure upstream of a carbon 
          monoxide boiler, dscm/min (dscf/min). You may use the 
          alternative in either Sec. 63.1573(a)(1) or (2), as 
          applicable, to calculate Qr;
Qa = Volumetric flow rate of air to catalytic cracking unit 
          catalyst regenerator, as determined from instruments in the 
          catalytic cracking unit control room, dscm/min (dscf/min);
%CO2 = Carbon dioxide concentration in regenerator exhaust, 
          percent by volume (dry basis);
%CO = Carbon monoxide concentration in regenerator exhaust, percent by 
          volume (dry basis);
%O2 = Oxygen concentration in regenerator exhaust, percent by 
          volume (dry basis);
K1 = Material balance and conversion factor, 0.2982 (kg-min)/
          (hr-dscm-%) (0.0186 (lb-min)/(hr-dscf-%));
K2 = Material balance and conversion factor, 2.088 (kg-min)/
          (hr-dscm) (0.1303 (lb-min)/(hr-dscf));
K3 = Material balance and conversion factor, 0.0994 (kg-min)/
          (hr-dscm-%) (0.0062 (lb-min)/(hr-dscf-%));
Qoxy = Volumetric flow rate of oxygen-enriched air stream to 
          regenerator, as determined from instruments in the catalytic 
          cracking unit control room, dscm/min (dscf/min); and
%Oxy = Oxygen concentration in oxygen-enriched air stream, 
          percent by volume (dry basis).

          [GRAPHIC] [TIFF OMITTED] TR01DE15.019
          

Where:

E = Emission rate of PM, kg/1,000 kg (lb/1,000 lb) of coke burn-off;
Cs = Concentration of PM, g/dscm (lb/dscf);
Qsd = Volumetric flow rate of the catalytic cracking unit 
          catalyst regenerator flue gas as measured by Method 2 in 
          appendix A-1 to part 60 of this chapter, dscm/hr (dscf/hr);
Rc = Coke burn-off rate, kg coke/hr (1,000 lb coke/hr); and
K = Conversion factor, 1.0 (kg\2\/g)/(1,000 kg) (1,000 lb/(1,000 lb)).

[GRAPHIC] [TIFF OMITTED] TR01DE15.020


Where:

Es = Emission rate of PM allowed, kg/1,000 kg (1b/1,000 lb) 
          of coke burn-off in catalyst regenerator;
1.0 = Emission limitation, kg coke/1,000 kg (lb coke/1,000 lb);
A = Allowable incremental rate of PM emissions. Before August 1, 2017, A 
          = 0.18 g/million cal (0.10 lb/million Btu). On or after August 
          1, 2017, A = 0 g/million cal (0 lb/million Btu);
H = Heat input rate from solid or liquid fossil fuel, million cal/hr 
          (million Btu/hr). Make sure your permitting authority approves 
          procedures for determining the heat input rate;
Rc = Coke burn-off rate, kg coke/hr (1,000 lb coke/hr) 
          determined using Equation 1 of this section; and
K' = Conversion factor to units to standard, 1.0 (kg2/g)/
          (1,000 kg) (103 lb/(1,000 lb)).


[[Page 130]]


[GRAPHIC] [TIFF OMITTED] TR01DE15.021


Where:

Opacity Limit = Maximum permissible hourly average opacity, percent, or 
          10 percent, whichever is greater;
Opacityst = Hourly average opacity measured during the source 
          test, percent; and
PMEmRst = PM emission rate measured during the source test, 
          lb/1,000 lb coke burn.

    (ii) If you elect Option 1c in paragraph (a)(1)(iii) of this 
section, the PM concentration emission limit, determine the average PM 
concentration from the initial performance test used to certify your PM 
CEMS.
    (iii) If you elect Option 3 in paragraph (a)(1)(v) of this section, 
the Ni lb/hr emission limit, compute your Ni emission rate using 
Equation 5 of this section and your site-specific Ni operating limit (if 
you use a continuous opacity monitoring system) using Equations 6 and 7 
of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.004

Where:

ENi1 = Mass emission rate of Ni, mg/hr (lb/hr); and
CNi = Ni concentration in the catalytic cracking unit 
          catalyst regenerator flue gas as measured by Method 29 in 
          appendix A to part 60 of this chapter, mg/dscm (lbs/dscf).
          [GRAPHIC] [TIFF OMITTED] TR11AP02.005
          
Where:

Opacityl = Opacity value for use in Equation 7 of this 
          section, percent, or 10 percent, whichever is greater; and
NiEmR1st = Average Ni emission rate calculated as the 
          arithmetic average Ni emission rate using Equation 5 of this 
          section for each of the performance test runs, g Ni/hr.
          [GRAPHIC] [TIFF OMITTED] TR11AP02.006
          
Where:

Ni operating limit1 = Maximum permissible hourly average Ni 
          operating limit, percent-acfm-ppmw, i.e., your site-specific 
          Ni operating limit;
Qmon,st = Hourly average actual gas flow rate as measured by 
          the continuous parameter monitoring system during the 
          performance test or using the alternative procedure in Sec. 
          63.1573, acfm; and
E-Catst = Ni concentration on equilibrium catalyst measured 
          during source test, ppmw.

    (iv) If you elect Option 4 in paragraph (a)(1)(vi) of this section, 
the Ni per coke burn-off emission limit, compute your Ni emission rate 
using Equations 1 and 8 of this section and your site-specific Ni 
operating limit (if you use a continuous opacity monitoring system) 
using Equations 9 and 10 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR01DE15.022



[[Page 131]]


Where:

ENi2 = Normalized mass emission rate of Ni, mg/kg coke (lb/
          1,000 lb coke).

          [GRAPHIC] [TIFF OMITTED] TR01DE15.023
          

Where:

Opacity2 = Opacity value for use in Equation 10 of this 
          section, percent, or 10 percent, whichever is greater; and
NiEmR2st = Average Ni emission rate calculated as the 
          arithmetic average Ni emission rate using Equation 8 of this 
          section for each of the performance test runs, mg/kg coke.

          [GRAPHIC] [TIFF OMITTED] TR01DE15.024
          

Where:

Ni Operating Limit2 = Maximum permissible hourly average Ni 
          operating limit, percent-ppmw-acfm-hr/kg coke, i.e., your 
          site-specific Ni operating limit; and
Rc,st = Coke burn rate from Equation 1 of this section, as 
          measured during the initial performance test, kg coke/hr.

    (5) Demonstrate initial compliance with each emission limitation 
that applies to you according to Table 5 of this subpart.
    (6) Demonstrate initial compliance with the work practice standard 
in paragraph (a)(3) of this section by submitting your operation, 
maintenance, and monitoring plan to your permitting authority as part of 
your Notification of Compliance Status.
    (7) Submit the Notification of Compliance Status containing the 
results of the initial compliance demonstration according to the 
requirements in Sec. 63.1574.
    (c) How do I demonstrate continuous compliance with the emission 
limitations and work practice standards? You must:
    (1) Demonstrate continuous compliance with each emission limitation 
in Tables 1 and 2 of this subpart that applies to you according to the 
methods specified in Tables 6 and 7 of this subpart.
    (2) Demonstrate continuous compliance with the work practice 
standard in paragraph (a)(3) of this section by maintaining records to 
document conformance with the procedures in your operation, maintenance, 
and monitoring plan.
    (3) If you use a continuous opacity monitoring system and elect to 
comply with Option 3 in paragraph (a)(1)(v) of this section, determine 
continuous compliance with your site-specific Ni operating limit by 
using Equation 11 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.010

Where:

Ni operating value1 = Maximum permissible hourly average Ni 
          standard operating value, %-acfm-ppmw;
Opacity = Hourly average opacity, percent;
Qmon = Hourly average actual gas flow rate as measured by 
          continuous parameter monitoring system or calculated by 
          alternative procedure in Sec. 63.1573, acfm; and
E-Cat = Ni concentration on equilibrium catalyst from weekly or more 
          recent measurement, ppmw.


[[Page 132]]


    (4) If you use a continuous opacity monitoring system and elect to 
comply with Option 4 in paragraph (a)(1)(vi) of this section, determine 
continuous compliance with your site-specific Ni operating limit by 
using Equation 12 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.011

Where:

Ni operating value2 = Maximum permissible hourly average Ni 
          standard operating value, percent-acfm-ppmw-hr/kg coke.

    (5) If you elect to comply with the alternative limit in paragraph 
(a)(5)(ii) of this section during periods of startup, shutdown and hot 
standby, demonstrate continuous compliance on or before the date 
specified in Sec. 63.1563(d) by:
    (i) Collecting the volumetric flow rate from the catalyst 
regenerator (in acfm) and determining the average flow rate for each 
hour. For events lasting less than one hour, determine the average flow 
rate during the event.
    (ii) Determining the cumulative cross-sectional area of the primary 
internal cyclone inlets in square feet (ft\2\) using design drawings of 
the primary (first-stage) internal cyclones to determine the inlet 
cross-sectional area of each primary internal cyclone and summing the 
cross-sectional areas for all primary internal cyclones in the catalyst 
regenerator or, if primary cyclones. If all primary internal cyclones 
are identical, you may alternatively determine the inlet cross-sectional 
area of one primary internal cyclone using design drawings and multiply 
that area by the total number of primary internal cyclones in the 
catalyst regenerator.
    (iii) Calculating the inlet velocity to the primary internal 
cyclones in feet per second (ft/sec) by dividing the average volumetric 
flow rate (acfm) by the cumulative cross-sectional area of the primary 
internal cyclone inlets (ft\2\) and by 60 seconds/minute (for unit 
conversion).
    (iv) Maintaining the inlet velocity to the primary internal cyclones 
at or above 20 feet per second for each hour during the startup, 
shutdown, or hot standby event or, for events lasting less than 1 hour, 
for the duration of the event.

[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6938, Feb. 9, 2005; 80 
FR 75273, Dec. 1, 2015; 81 FR 45243, July 13, 2016; 83 FR 60722, Nov. 
26, 2018]



Sec. 63.1565  What are my requirements for organic HAP emissions 
from catalytic cracking units?

    (a) What emission limitations and work practice standards must I 
meet? You must:
    (1) Except as provided in paragraph (a)(5) of this section, meet 
each emission limitation in Table 8 of this subpart that applies to you. 
If your catalytic cracking unit is subject to the NSPS for carbon 
monoxide (CO) in Sec. 60.103 of this chapter or is subject to Sec. 
60.102a(b)(4) of this chapter, you must meet the emission limitations 
for NSPS units. If your catalytic cracking unit is not subject to the 
NSPS for CO, you can choose from the two options in paragraphs (a)(1)(i) 
through (ii) of this section:
    (i) You can elect to comply with the NSPS requirements (Option 1); 
or
    (ii) You can elect to comply with the CO emission limit (Option 2).
    (2) Comply with each site-specific operating limit in Table 9 of 
this subpart that applies to you.
    (3) Prepare an operation, maintenance, and monitoring plan according 
to the requirements in Sec. 63.1574(f) and operate at all times 
according to the procedures in the plan.
    (4) The emission limitations and operating limits for organic HAP 
emissions from catalytic cracking units required in paragraphs (a)(1) 
and (2) of this section do not apply during periods of planned 
maintenance

[[Page 133]]

preapproved by the applicable permitting authority according to the 
requirements in Sec. 63.1575(j).
    (5) On or before the date specified in Sec. 63.1563(d), you must 
comply with one of the two options in paragraphs (a)(5)(i) and (ii) of 
this section during periods of startup, shutdown and hot standby:
    (i) You can elect to comply with the requirements in paragraphs 
(a)(1) and (2) of this section; or
    (ii) You can elect to maintain the oxygen (O2) 
concentration in the exhaust gas from your catalyst regenerator at or 
above 1 volume percent (dry basis) or 1 volume percent (wet basis with 
no moisture correction).
    (b) How do I demonstrate initial compliance with the emission 
limitations and work practice standards? You must:
    (1) Install, operate, and maintain a continuous monitoring system 
according to the requirements in Sec. 63.1572 and Table 10 of this 
subpart. Except:
    (i) Whether or not your catalytic cracking unit is subject to the 
NSPS for CO in Sec. 60.103 of this chapter, you don't have to install 
and operate a continuous emission monitoring system if you show that CO 
emissions from your vent average less than 50 parts per million (ppm), 
dry basis. You must get an exemption from your permitting authority, 
based on your written request. To show that the emissions average is 
less than 50 ppm (dry basis), you must continuously monitor CO emissions 
for 30 days using a CO continuous emission monitoring system that meets 
the requirements in Sec. 63.1572.
    (ii) If your catalytic cracking unit isn't subject to the NSPS for 
CO, you don't have to install and operate a continuous emission 
monitoring system or a continuous parameter monitoring system if you 
vent emissions to a boiler (including a ``CO boiler'') or process heater 
that has a design heat input capacity of at least 44 megawatts (MW).
    (iii) If your catalytic cracking unit isn't subject to the NSPS for 
CO, you don't have to install and operate a continuous emission 
monitoring system or a continuous parameter monitoring system if you 
vent emissions to a boiler or process heater in which all vent streams 
are introduced into the flame zone.
    (2) Conduct each performance test for a catalytic cracking unit not 
subject to the NSPS for CO according to the requirements in Sec. 
63.1571 and under the conditions specified in Table 11 of this subpart.
    (3) Establish each site-specific operating limit in Table 9 of this 
subpart that applies to you according to the procedures in Table 11 of 
this subpart.
    (4) Demonstrate initial compliance with each emission limitation 
that applies to you according to Table 12 of this subpart.
    (5) Demonstrate initial compliance with the work practice standard 
in paragraph (a)(3) of this section by submitting the operation, 
maintenance, and monitoring plan to your permitting authority as part of 
your Notification of Compliance Status according to Sec. 63.1574.
    (6) Submit the Notification of Compliance Status containing the 
results of the initial compliance demonstration according to the 
requirements in Sec. 63.1574.
    (c) How do I demonstrate continuous compliance with the emission 
limitations and work practice standards? You must:
    (1) Demonstrate continuous compliance with each emission limitation 
in Tables 8 and 9 of this subpart that applies to you according to the 
methods specified in Tables 13 and 14 of this subpart.
    (2) Demonstrate continuous compliance with the work practice 
standard in paragraph (a)(3) of this section by complying with the 
procedures in your operation, maintenance, and monitoring plan.

[67 FR 17773, Apr. 11, 2002, as amended at 80 FR 75275, Dec. 1, 2015; 81 
FR 45243, July 13, 2016; 83 FR 60723, Nov. 26, 2018]



Sec. 63.1566  What are my requirements for organic HAP emissions 
from catalytic reforming units?

    (a) What emission limitations and work practice standards must I 
meet? You must:
    (1) Meet each emission limitation in Table 15 of this subpart that 
applies to you. You can choose from the two options in paragraphs 
(a)(1)(i) and (ii) of this section.
    (i) You can elect to vent emissions of total organic compounds (TOC) 
to a

[[Page 134]]

flare (Option 1). On and after January 30, 2019, the flare must meet the 
requirements of Sec. 63.670. Prior to January 30, 2019, the flare must 
meet the control device requirements in Sec. 63.11(b) or the 
requirements of Sec. 63.670.
    (ii) You can elect to meet a TOC or nonmethane TOC percent reduction 
standard or concentration limit, whichever is less stringent (Option 2).
    (2) Comply with each site-specific operating limit in Table 16 of 
this subpart that applies to you.
    (3) Except as provided in paragraph (a)(4) of this section, the 
emission limitations in Tables 15 and 16 of this subpart apply to 
emissions from catalytic reforming unit process vents associated with 
initial catalyst depressuring and catalyst purging operations that occur 
prior to the coke burn-off cycle. The emission limitations in Tables 15 
and 16 of this subpart do not apply to the coke burn-off, catalyst 
rejuvenation, reduction or activation vents, or to the control systems 
used for these vents.
    (4) The emission limitations in tables 15 and 16 of this subpart do 
not apply to emissions from process vents during passive depressuring 
when the reactor vent pressure is 5 pounds per square inch gauge (psig) 
or less or during active depressuring or purging prior to January 30, 
2019, when the reactor vent pressure is 5 psig or less. On and after 
January 30, 2019, the emission limitations in tables 15 and 16 of this 
subpart do apply to emissions from process vents during active purging 
operations (when nitrogen or other purge gas is actively introduced to 
the reactor vessel) or active depressuring (using a vacuum pump, ejector 
system, or similar device) regardless of the reactor vent pressure.
    (5) Prepare an operation, maintenance, and monitoring plan according 
to the requirements in Sec. 63.1574(f) and operate at all times 
according to the procedures in the plan.
    (b) How do I demonstrate initial compliance with the emission 
limitations and work practice standard? You must:
    (1) Install, operate, and maintain a continuous monitoring system(s) 
according to the requirements in Sec. 63.1572 and Table 17 of this 
subpart.
    (2) Conduct each performance test for a catalytic reforming unit 
according to the requirements in Sec. 63.1571 and under the conditions 
specified in Table 18 of this subpart.
    (3) Establish each site-specific operating limit in Table 16 of this 
subpart that applies to you according to the procedures in Table 18 of 
this subpart.
    (4) Use the procedures in paragraph (b)(4)(i) or (ii) of this 
section to determine initial compliance with the emission limitations.
    (i) If you elect the percent reduction standard under Option 2, 
calculate the emission rate of nonmethane TOC using Equation 1 of this 
section (if you use Method 25) or Equation 2 of this section (if you use 
Method 25A or Methods 25A and 18), then calculate the mass emission 
reduction using Equation 3 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.012

Where:

E = Emission rate of nonmethane TOC in the vent stream, kilograms-C per 
          hour;
K4 = Constant, 6.0 x 10-5 (kilograms per 
          milligram)(minutes per hour);
Mc = Mass concentration of total gaseous nonmethane organic 
          (as carbon) as measured and calculated using Method 25 in 
          appendix A to part 60 of this chapter, mg/dscm; and
Qs = Vent stream flow rate, dscm/min, at a temperature of 20 
          degrees Celsius (C).
          [GRAPHIC] [TIFF OMITTED] TR09FE05.001
          
Where:

K5 = Constant, 1.8 x 10-4 (parts per million) 
          -1 (gram-mole per standard cubic meter) (gram-C per 
          gram-mole-hexane) (kilogram per gram) (minutes per hour), 
          where the standard temperature (standard cubic meter) is at 20 
          degrees C (uses 72g-C/g.mole hexane);
C TOC = Concentration of TOC on a dry basis in ppmv as hexane 
          as measured by Method 25A in appendix A to part 60 of this 
          chapter;
C methane = Concentration of methane on a dry basis in ppmv 
          as measured by Method 18 in appendix A to part 60 of this 
          chapter. If the concentration of methane is not determined, 
          assume C methane equals zero; and
Q s = Vent stream flow rate, dry standard cubic meters per 
          minute, at a temperature of 20 degrees C.

[[Page 135]]

[GRAPHIC] [TIFF OMITTED] TR11AP02.014

Where:

E i = Mass emission rate of TOC at control device inlet, kg/
          hr; and
E o = Mass emission rate of TOC at control device outlet, kg/
          hr.

    (ii) If you elect the 20 parts per million by volume (ppmv) 
concentration limit, correct the measured TOC concentration for oxygen 
(O2) content in the gas stream using Equation 4 of this 
section as follows:
[GRAPHIC] [TIFF OMITTED] TR09FE05.002

Where:
CNMTOC, 3O2 = Concentration of nonmethane 
          TOC on a dry basis in ppmv as hexane corrected to 3 percent 
          oxygen.

    (5) You are not required to do a TOC performance test if:
    (i) You elect to vent emissions to a flare as provided in paragraph 
(a)(1)(i) of this section (Option 1); or
    (ii) You elect the TOC percent reduction or concentration limit in 
paragraph (a)(1)(ii) of this section (Option 2), and you use a boiler or 
process heater with a design heat input capacity of 44 MW or greater or 
a boiler or process heater in which all vent streams are introduced into 
the flame zone.
    (6) Demonstrate initial compliance with each emission limitation 
that applies to you according to Table 19 of this subpart.
    (7) Demonstrate initial compliance with the work practice standard 
in paragraph (a)(5) of this section by submitting the operation, 
maintenance, and monitoring plan to your permitting authority as part of 
your Notification of Compliance Status.
    (8) Submit the Notification of Compliance Status containing the 
results of the initial compliance demonstration according to the 
requirements in Sec. 63.1574.
    (c) How do I demonstrate continuous compliance with the emission 
limitations and work practice standards? You must:
    (1) Demonstrate continuous compliance with each emission limitation 
in Tables 15 and 16 of this subpart that applies to you according to the 
methods specified in Tables 20 and 21 of this subpart.
    (2) Demonstrate continuous compliance with the work practice 
standards in paragraph (a)(3) of this section by complying with the 
procedures in your operation, maintenance, and monitoring plan.

[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6938, Feb. 9, 2005; 80 
FR 75275, Dec. 1, 2015; 81 FR 45243, July 13, 2016]



Sec. 63.1567  What are my requirements for inorganic HAP emissions
from catalytic reforming units?

    (a) What emission limitations and work practice standards must I 
meet? You must:
    (1) Meet each emission limitation in Table 22 to this subpart that 
applies to you. If you operate a catalytic reforming unit in which 
different reactors in the catalytic reforming unit are regenerated in 
separate regeneration systems, then these emission limitations apply to 
each separate regeneration system. These emission limitations apply to 
emissions from catalytic reforming unit process vents associated with 
the coke burn-off and catalyst rejuvenation operations during coke burn-
off and catalyst regeneration. You can choose from the two options in 
paragraphs (a)(1)(i) through (ii) of this section:
    (i) You can elect to meet a percent reduction standard for hydrogen 
chloride (HCl) emissions (Option 1); or

[[Page 136]]

    (ii) You can elect to meet an HCl concentration limit (Option 2).
    (2) Meet each site-specific operating limit in Table 23 of this 
subpart that applies to you. These operating limits apply during coke 
burn-off and catalyst rejuvenation.
    (3) Prepare an operation, maintenance, and monitoring plan according 
to the requirements in Sec. 63.1574(f) and operate at all times 
according to the procedures in the plan.
    (b) How do I demonstrate initial compliance with the emission 
limitations and work practice standard? You must:
    (1) Install, operate, and maintain a continuous monitoring system(s) 
according to the requirements in Sec. 63.1572 and Table 24 of this 
subpart.
    (2) Conduct each performance test for a catalytic reforming unit 
according to the requirements in Sec. 63.1571 and the conditions 
specified in Table 25 of this subpart.
    (3) Establish each site-specific operating limit in Table 23 of this 
subpart that applies to you according to the procedures in Table 25 of 
this subpart.
    (4) Use the equations in paragraphs (b)(4)(i) through (iv) of this 
section to determine initial compliance with the emission limitations.
    (i) Correct the measured HCl concentration for oxygen 
(O2) content in the gas stream using Equation 1 of this 
section as follows:
[GRAPHIC] [TIFF OMITTED] TR09FE05.003

Where:

CHCl,3 O2 = Concentration of HCl on a dry 
          basis in ppmv corrected to 3 percent oxygen or 1 ppmv, 
          whichever is greater;
CHCl = Concentration of HCl on a dry basis in ppmv, as 
          measured by Method 26A in 40 CFR part 60, appendix A; and
%O2 = Oxygen concentration in percent by volume (dry basis).

    (ii) If you elect the percent reduction standard, calculate the 
emission rate of HCl using Equation 2 of this section; then calculate 
the mass emission reduction from the mass emission rates using Equation 
3 of this section as follows:

[GRAPHIC] [TIFF OMITTED] TR09FE05.004

Where:

E HCl = Emission rate of HCl in the vent stream, grams per 
          hour;
K6 = Constant, 0.091 (parts per million) -1 (grams 
          HCl per standard cubic meter) (minutes per hour), where the 
          standard temperature (standard cubic meter) is at 20 degrees 
          Celsius (C); and
Q s = Vent stream flow rate, dscm/min, at a temperature of 20 
          degrees C.
          [GRAPHIC] [TIFF OMITTED] TR09FE05.005
          
Where:

E HCl,i = Mass emission rate of HCl at control device inlet, 
          g/hr; and
E HCl,o = Mass emission rate of HCl at control device outlet, 
          g/hr.

    (iii) If you are required to use a colormetric tube sampling system 
to demonstrate continuous compliance with the HCl concentration 
operating limit, calculate the HCl operating limit using Equation 4 of 
this section as follows:

[[Page 137]]

[GRAPHIC] [TIFF OMITTED] TR09FE05.006

Where:
CHCl,ppmvLimit = Maximum permissible HCl concentration for 
          the HCl concentration operating limit, ppmv;
CHCl,AveTube = Average HCl concentration from the colormetric 
          tube sampling system, calculated as the arithmetic average of 
          the average HCl concentration measured for each performance 
          test run, ppmv or 1 ppmv, whichever is greater; and
CHCl,RegLimit = Maximum permissible outlet HCl concentration 
          for the applicable catalytic reforming unit as listed in Table 
          22 of this subpart, either 10 or 30 ppmv.

    (iv) If you are required to use a colormetric tube sampling system 
to demonstrate continuous compliance with the percent reduction 
operating limit, calculate the HCl operating limit using Equation 5 of 
this section as follows:
[GRAPHIC] [TIFF OMITTED] TR09FE05.007

Where:

CHCl,Limit = Maximum permissible HCl 
          concentration for the percent reduction operating limit, ppmv;
%HCl ReductionLimit = Minimum permissible HCl reduction for 
          the applicable catalytic reforming unit as listed in Table 22 
          of this subpart, either 97 or 92 percent; and
%HCl ReductionTest = Average percent HCl reduction calculated 
          as the arithmetic average HCl reduction calculated using 
          Equation 3 of this section for each performance source test, 
          percent.

    (5) Demonstrate initial compliance with each emission limitation 
that applies to you according to Table 26 of this subpart.
    (6) Demonstrate initial compliance with the work practice standard 
in paragraph (a)(3) of this section by submitting the operation, 
maintenance, and monitoring plan to your permitting authority as part of 
your Notification of Compliance Status.
    (7) Submit the Notification of Compliance Status containing the 
results of the initial compliance demonstration according to the 
requirements in Sec. 63.1574.
    (c) How do I demonstrate continuous compliance with the emission 
limitations and work practice standard? You must:
    (1) Demonstrate continuous compliance with each emission limitation 
in Tables 22 and 23 of this subpart that applies to you according to the 
methods specified in Tables 27 and 28 of this subpart.
    (2) Demonstrate continuous compliance with the work practice 
standard in paragraph (a)(3) of this section by maintaining records to 
document conformance with the procedures in your operation, maintenance 
and monitoring plan.

[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6939, Feb. 9, 2005]



Sec. 63.1568  What are my requirements for HAP emissions from sulfur
recovery units?

    (a) What emission limitations and work practice standard must I 
meet? You must:
    (1) Meet each emission limitation in Table 29 of this subpart that 
applies to you. If your sulfur recovery unit is subject to the NSPS for 
sulfur oxides in Sec. 60.104 or Sec. 60.102a(f)(1) of this chapter, 
you must meet the emission limitations for NSPS units. If your sulfur 
recovery unit is not subject to one of these NSPS for sulfur oxides, you 
can choose from the options in paragraphs (a)(1)(i) through (ii) of this 
section:
    (i) You can elect to meet the NSPS requirements in Sec. 
60.104(a)(2) or Sec. 60.102a(f)(1) of this chapter (Option 1); or

[[Page 138]]

    (ii) You can elect to meet the total reduced sulfur (TRS) emission 
limitation (Option 2).
    (2) Meet each operating limit in Table 30 of this subpart that 
applies to you.
    (3) Prepare an operation, maintenance, and monitoring plan according 
to the requirements in Sec. 63.1574(f) and operate at all times 
according to the procedures in the plan.
    (4) On or before the date specified in Sec. 63.1563(d), you must 
comply with one of the three options in paragraphs (a)(4)(i) through 
(iii) of this section during periods of startup and shutdown.
    (i) You can elect to comply with the requirements in paragraphs 
(a)(1) and (2) of this section.
    (ii) You can elect to send any startup or shutdown purge gases to a 
flare. On and after January 30, 2019, the flare must meet the 
requirements of Sec. 63.670. Prior to January 30, 2019, the flare must 
meet the design and operating requirements in Sec. 63.11(b) or the 
requirements of Sec. 63.670.
    (iii) You can elect to send any startup or shutdown purge gases to a 
thermal oxidizer or incinerator operated at a minimum hourly average 
temperature of 1,200 degrees Fahrenheit in the firebox and a minimum 
hourly average outlet oxygen (O2) concentration of 2 volume 
percent (dry basis).
    (b) How do I demonstrate initial compliance with the emission 
limitations and work practice standards? You must:
    (1) Install, operate, and maintain a continuous monitoring system 
according to the requirements in Sec. 63.1572 and Table 31 of this 
subpart.
    (2) Conduct each performance test for a sulfur recovery unit not 
subject to the NSPS for sulfur oxides according to the requirements in 
Sec. 63.1571 and under the conditions specified in Table 32 of this 
subpart.
    (3) Establish each site-specific operating limit in Table 30 of this 
subpart that applies to you according to the procedures in Table 32 of 
this subpart.
    (4) Correct the reduced sulfur samples to zero percent excess air 
using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.016

Where:

Cadj = pollutant concentration adjusted to zero percent 
          oxygen, ppm or g/dscm;
Cmeas = pollutant concentration measured on a dry basis, ppm 
          or g/dscm;
20.9c = 20.9 percent oxygen--0.0 percent oxygen (defined 
          oxygen correction basis), percent;
20.9 = oxygen concentration in air, percent;
%O2 = oxygen concentration measured on a dry basis, percent.

    (5) Demonstrate initial compliance with each emission limitation 
that applies to you according to Table 33 of this subpart.
    (6) Demonstrate initial compliance with the work practice standard 
in paragraph (a)(3) of this section by submitting the operation, 
maintenance, and monitoring plan to your permitting authority as part of 
your notification of compliance status.
    (7) Submit the notification of compliance status containing the 
results of the initial compliance demonstration according to the 
requirements in Sec. 63.1574.
    (c) How do I demonstrate continuous compliance with the emission 
limitations and work practice standards? You must:
    (1) Demonstrate continuous compliance with each emission limitation 
in Tables 29 and 30 of this subpart that applies to you according to the 
methods specified in Tables 34 and 35 of this subpart.
    (2) Demonstrate continuous compliance with the work practice 
standard in paragraph (a)(3) of this section by complying with the 
procedures in your operation, maintenance, and monitoring plan.

[67 FR 17773, Apr. 11, 2002, as amended at 80 FR 75275, Dec. 1, 2015; 81 
FR 45244, July 13, 2016]

[[Page 139]]



Sec. 63.1569  What are my requirements for HAP emissions from bypass lines?

    (a) What work practice standards must I meet? (1) You must meet each 
work practice standard in Table 36 of this subpart that applies to you. 
You can choose from the four options in paragraphs (a)(1)(i) through 
(iv) of this section:
    (i) You can elect to install an automated system (Option 1);
    (ii) You can elect to use a manual lock system (Option 2);
    (iii) You can elect to seal the line (Option 3); or
    (iv) You can elect to vent to a control device (Option 4).
    (2) As provided in Sec. 63.6(g), we, the EPA, may choose to grant 
you permission to use an alternative to the work practice standard in 
paragraph (a)(1) of this section.
    (3) You must prepare an operation, maintenance, and monitoring plan 
according to the requirements in Sec. 63.1574(f) and operate at all 
times according to the procedures in the plan.
    (b) How do I demonstrate initial compliance with the work practice 
standards? You must:
    (1) If you elect the option in paragraph (a)(1)(i) of this section, 
conduct each performance test for a bypass line according to the 
requirements in Sec. 63.1571 and under the conditions specified in 
Table 37 of this subpart.
    (2) Demonstrate initial compliance with each work practice standard 
in Table 36 of this subpart that applies to you according to Table 38 of 
this subpart.
    (3) Demonstrate initial compliance with the work practice standard 
in paragraph (a)(3) of this section by submitting the operation, 
maintenance, and monitoring plan to your permitting authority as part of 
your notification of compliance status.
    (4) Submit the notification of compliance status containing the 
results of the initial compliance demonstration according to the 
requirements in Sec. 63.1574.
    (c) How do I demonstrate continuous compliance with the work 
practice standards? You must:
    (1) Demonstrate continuous compliance with each work practice 
standard in Table 36 of this subpart that applies to you according to 
the requirements in Table 39 of this subpart.
    (2) Demonstrate continuous compliance with the work practice 
standard in paragraph (a)(3) of this section by complying with the 
procedures in your operation, maintenance, and monitoring plan.

[67 FR 17773, Apr. 11, 2002, as amended at 83 FR 60723, Nov. 26, 2018]

                     General Compliance Requirements



Sec. 63.1570  What are my general requirements for complying
with this subpart?

    (a) You must be in compliance with all of the non-opacity standards 
in this subpart at all times.
    (b) You must be in compliance with the opacity and visible emission 
limits 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) During the period between the compliance date specified for your 
affected source and the date upon which continuous monitoring systems 
have been installed and validated and any applicable operating limits 
have been set, you must maintain a log that documents the procedures 
used to minimize emissions from process and emissions control equipment 
according to the general duty in paragraph (c) of this section.
    (e) [Reserved]
    (f) You must report each instance in which you did not meet each 
emission

[[Page 140]]

limitation and each operating limit in this subpart that applies to you. 
This includes periods of startup, shutdown, and malfunction. You also 
must report each instance in which you did not meet the work practice 
standards in this subpart that apply to you. These instances are 
deviations from the emission limitations and work practice standards in 
this subpart. These deviations must be reported according to the 
requirements in Sec. 63.1575.

[67 FR 17773, Apr. 11, 2002, as amended at 71 FR 20462, Apr. 20, 2006; 
80 FR 75276, Dec. 1, 2015]



Sec. 63.1571  How and when do I conduct a performance test or other
initial compliance demonstration?

    (a) When must I conduct a performance test? You must conduct initial 
performance tests and report the results by no later than 150 days after 
the compliance date specified for your source in Sec. 63.1563 and 
according to the provisions in Sec. Sec. 63.7(a)(2) and 63.1574(a)(3). 
If you are required to do a performance evaluation or test for a semi-
regenerative catalytic reforming unit catalyst regenerator vent, you may 
do them at the first regeneration cycle after your compliance date and 
report the results in a followup Notification of Compliance Status 
report due no later than 150 days after the test. You must conduct 
additional performance tests as specified in paragraphs (a)(5) and (6) 
of this section and report the results of these performance tests 
according to the provisions in Sec. 63.1575(f).
    (1) For each emission limitation or work practice standard where 
initial compliance is not demonstrated using a performance test, opacity 
observation, or visible emission observation, you must conduct the 
initial compliance demonstration within 30 calendar days after the 
compliance date that is specified for your source in Sec. 63.1563.
    (2) For each emission limitation where the averaging period is 30 
days, the 30-day period for demonstrating initial compliance begins at 
12:00 a.m. on the compliance date that is specified for your source in 
Sec. 63.1563 and ends at 11:59 p.m., 30 calendar days after the 
compliance date that is specified for your source in Sec. 63.1563.
    (3) If you commenced construction or reconstruction between 
September 11, 1998 and April 11, 2002, you must demonstrate initial 
compliance with either the proposed emission limitation or the 
promulgated emission limitation no later than October 8, 2002 or within 
180 calendar days after startup of the source, whichever is later, 
according to Sec. 63.7(a)(2)(ix).
    (4) If you commenced construction or reconstruction between 
September 11, 1998 and April 11, 2002, and you chose to comply with the 
proposed emission limitation when demonstrating initial compliance, you 
must conduct a second compliance demonstration for the promulgated 
emission limitation by October 10, 2005, or after startup of the source, 
whichever is later, according to Sec. 63.7(a)(2)(ix).
    (5) Periodic performance testing for PM or Ni. Except as provided in 
paragraphs (a)(5)(i) and (ii) of this section, conduct a periodic 
performance test for PM or Ni for each catalytic cracking unit at least 
once every 5 years according to the requirements in Table 4 of this 
subpart. You must conduct the first periodic performance test no later 
than August 1, 2017 or within 150 days of startup of a new unit.
    (i) Catalytic cracking units monitoring PM concentration with a PM 
CEMS are not required to conduct a periodic PM performance test.
    (ii) Conduct a performance test annually if you comply with the 
emission limits in Item 1 (NSPS subpart J) or Item 4 (Option 1a) in 
Table 1 of this subpart and the PM emissions measured during the most 
recent performance source test are greater than 0.80 g/kg coke burn-off.
    (6) One-time performance testing for Hydrogen Cyanide (HCN). Conduct 
a performance test for HCN from each catalytic cracking unit no later 
than August 1, 2017 or within 150 days of startup of a new unit 
according to the applicable requirements in paragraphs (a)(6)(i) and 
(ii) of this section.
    (i) If you conducted a performance test for HCN for a specific 
catalytic cracking unit between March 31, 2011 and February 1, 2016, you 
may submit a request to the Administrator to use the previously 
conducted performance test

[[Page 141]]

results to fulfill the one-time performance test requirement for HCN for 
each of the catalytic cracking units tested according to the 
requirements in paragraphs (a)(6)(i)(A) through (D) of this section.
    (A) The request must include a copy of the complete source test 
report, the date(s) of the performance test and the test methods used. 
If available, you must also indicate whether the catalytic cracking unit 
catalyst regenerator was operated in partial or complete combustion mode 
during the test, the control device configuration, including whether 
platinum or palladium combustion promoters were used during the test, 
and the CO concentration (measured using CO CEMS or manual test method) 
for each test run.
    (B) You must submit a separate request for each catalytic cracking 
unit tested and you must submit each request to the Administrator no 
later than March 30, 2016.
    (C) The Administrator will evaluate each request with respect to the 
completeness of the request, the completeness of the submitted test 
report and the appropriateness of the test methods used. The 
Administrator will notify the facility within 60 days of receipt of the 
request if it is approved or denied. If the Administrator fails to 
respond to the facility within 60 days of receipt of the request, the 
request will be automatically approved.
    (D) If the request is approved, you do not need to conduct an 
additional HCN performance test. If the request is denied, you must 
conduct an additional HCN performance test following the requirements in 
(a)(6)(ii) of this section.
    (ii) Unless you receive approval to use a previously conducted 
performance test to fulfill the one-time performance test requirement 
for HCN for your catalytic cracking unit as provided in paragraph 
(a)(6)(i) of this section, conduct a performance test for HCN for each 
catalytic cracking unit no later than August 1, 2017 according to 
following requirements:
    (A) Select sampling port location, determine volumetric flow rate, 
conduct gas molecular weight analysis and measure moisture content as 
specified in either Item 1 of Table 4 of this subpart or Item 1 of Table 
11 of this subpart.
    (B) Measure HCN concentration using Method 320 of appendix A of this 
part. The method ASTM D6348-03 (Reapproved 2010) including Annexes A1 
through A8 (incorporated by reference--see Sec. 63.14) is an acceptable 
alternative to EPA Method 320 of appendix A of this part. The method 
ASTM D6348-12e1 (incorporated by reference--see Sec. 63.14) is an 
acceptable alternative to EPA Method 320 of appendix A of this part with 
the following two caveats:
    (1) The test plan preparation and implementation in the Annexes to 
ASTM D6348-03 (Reapproved 2010), Sections A1 through A8 are mandatory; 
and
    (2) In ASTM D6348-03 (Reapproved 2010) 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 Result = (Measured Concentration in the Stack x 100//% R.

    (C) Measure CO concentration as specified in either Item 2 or 3a of 
Table 11 of this subpart.
    (D) Record and include in the test report an indication of whether 
the catalytic cracking unit catalyst regenerator was operated in partial 
or complete combustion mode and the control device configuration, 
including whether platinum or palladium combustion promoters were used 
during the test.
    (b) What are the general requirements for performance test and 
performance evaluations? You must:
    (1) Performance tests shall be conducted according to the provisions 
of Sec. 63.7(e) except that performance tests shall be conducted at 
maximum representative operating capacity for the

[[Page 142]]

process. During the performance test, you must operate the control 
device at either maximum or minimum representative operating conditions 
for monitored control device parameters, whichever results in lower 
emission reduction. You must not conduct a performance test during 
startup, shutdown, periods when the control device is bypassed or 
periods when the process, monitoring equipment or control device is not 
operating properly. 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 the test was conducted at 
maximum representative operating capacity. Upon request, you must make 
available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (2) Except for opacity and visible emission observations, conduct 
three separate test runs for each performance test as specified in Sec. 
63.7(e)(3). Each test run must last at least 1 hour.
    (3) Conduct each performance evaluation according to the 
requirements in Sec. 63.8(e).
    (4) Calculate the average emission rate for the performance test by 
calculating the emission rate for each individual test run in the units 
of the applicable emission limitation using Equation 2, 5, or 8 of Sec. 
63.1564, and determining the arithmetic average of the calculated 
emission rates.
    (c) What procedures must I use for an engineering assessment? You 
may choose to use an engineering assessment to calculate the process 
vent flow rate, net heating value, TOC emission rate, and total organic 
HAP emission rate expected to yield the highest daily emission rate when 
determining the emission reduction or outlet concentration for the 
organic HAP standard for catalytic reforming units. If you use an 
engineering assessment, you must document all data, assumptions, and 
procedures to the satisfaction of the applicable permitting authority. 
An engineering assessment may include the approaches listed in 
paragraphs (c)(1) through (c)(4) of this section. Other engineering 
assessments may be used but are subject to review and approval by the 
applicable permitting authority.
    (1) You may use previous test results provided the tests are 
representative of current operating practices at the process unit, and 
provided EPA methods or approved alternatives were used;
    (2) You may use bench-scale or pilot-scale test data representative 
of the process under representative operating conditions;
    (3) You may use maximum flow rate, TOC emission rate, organic HAP 
emission rate, or organic HAP or TOC concentration specified or implied 
within a permit limit applicable to the process vent; or
    (4) You may use design analysis based on engineering principles, 
measurable process parameters, or physical or chemical laws or 
properties. Examples of analytical methods include, but are not limited 
to:
    (i) Use of material balances based on process stoichiometry to 
estimate maximum TOC concentrations;
    (ii) Calculation of hourly average maximum flow rate based on 
physical equipment design such as pump or blower capacities; and
    (iii) Calculation of TOC concentrations based on saturation 
conditions.
    (d) Can I adjust the process or control device measured values when 
establishing an operating limit? If you do a performance test to 
demonstrate compliance, you must base the process or control device 
operating limits for continuous parameter monitoring systems on the 
results measured during the performance test. You may adjust the values 
measured during the performance test according to the criteria in 
paragraphs (d)(1) through (3) of this section.
    (1) If you must meet the HAP metal emission limitations in Sec. 
63.1564, you elect the option in paragraph (a)(1)(v) in Sec. 63.1564 
(Ni lb/hr), and you use continuous parameter monitoring systems, you 
must establish an operating limit for the equilibrium catalyst Ni 
concentration based on the laboratory analysis of the equilibrium 
catalyst Ni concentration from the initial performance test. Section 
63.1564(b)(2) allows you to adjust the laboratory measurements of the 
equilibrium catalyst Ni

[[Page 143]]

concentration to the maximum level. You must make this adjustment using 
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.017

Where:

Ecat-Limit = Operating limit for equilibrium catalyst Ni concentration, 
          mg/kg;
NiEmR1st = Average Ni emission rate calculated as the 
          arithmetic average Ni emission rate using Equation 5 of this 
          section for each performance test run, g Ni/hr; and
Ecatst = Average equilibrium Ni concentration from laboratory 
          test results, mg/kg.

    (2) If you must meet the HAP metal emission limitations in Sec. 
63.1564, you elect the option in paragraph (a)(1)(vi) in Sec. 63.1564 
(Ni per coke burn-off), and you use continuous parameter monitoring 
systems, you must establish an operating limit for the equilibrium 
catalyst Ni concentration based on the laboratory analysis of the 
equilibrium catalyst Ni concentration from the initial performance test. 
Section 63.1564(b)(2) allows you to adjust the laboratory measurements 
of the equilibrium catalyst Ni concentration to the maximum level. You 
must make this adjustment using Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.018

Where:

NiEmR2st = Average Ni emission rate calculated as the 
          arithmetic average Ni emission rate using Equation 8 of Sec. 
          63.1564 for each performance test run, mg/kg coke burn-off.

    (3) If you choose to adjust the equilibrium catalyst Ni 
concentration to the maximum level, you can't adjust any other monitored 
operating parameter (i.e., gas flow rate, voltage, pressure drop, 
liquid-to-gas ratio).
    (4) Except as specified in paragraph (d)(3) of this section, if you 
use continuous parameter monitoring systems, you may adjust one of your 
monitored operating parameters (flow rate, total power and secondary 
current, pressure drop, liquid-to-gas ratio) from the average of 
measured values during the performance test to the maximum value (or 
minimum value, if applicable) representative of worst-case operating 
conditions, if necessary. This adjustment of measured values may be done 
using control device design specifications, manufacturer 
recommendations, or other applicable information. You must provide 
supporting documentation and rationale in your Notification of 
Compliance Status, demonstrating to the satisfaction of your permitting 
authority, that your affected source complies with the applicable 
emission limit at the operating limit based on adjusted values.
    (e) Can I change my operating limit? You may change the established 
operating limit by meeting the requirements in paragraphs (e)(1) through 
(3) of this section.
    (1) You may change your established operating limit for a continuous 
parameter monitoring system by doing an additional performance test, a 
performance test in conjunction with an engineering assessment, or an 
engineering assessment to verify that, at the new operating limit, you 
are in compliance with the applicable emission limitation.
    (2) You must establish a revised operating limit for your continuous 
parameter monitoring system if you make

[[Page 144]]

any change in process or operating conditions that could affect control 
system performance or you change designated conditions after the last 
performance or compliance tests were done. You can establish the revised 
operating limit as described in paragraph (e)(1) of this section.
    (3) You may change your site-specific opacity operating limit or Ni 
operating limit only by doing a new performance test.

[67 FR 17773, Apr. 11, 2002, as amended at 80 FR 75276, Dec. 1, 2015; 83 
FR 60723, Nov. 26, 2018]



Sec. 63.1572  What are my monitoring installation, operation, and
maintenance requirements?

    (a) You must install, operate, and maintain each continuous emission 
monitoring system according to the requirements in paragraphs (a)(1) 
through (4) of this section.
    (1) You must install, operate, and maintain each continuous emission 
monitoring system according to the requirements in Table 40 of this 
subpart.
    (2) If you use a continuous emission monitoring system to meet the 
NSPS CO or SO2 limit, you must conduct a performance 
evaluation of each continuous emission monitoring system according to 
the requirements in Sec. 63.8 and Table 40 of this subpart. This 
requirement does not apply to an affected source subject to the NSPS 
that has already demonstrated initial compliance with the applicable 
performance specification.
    (3) As specified in Sec. 63.8(c)(4)(ii), each continuous emission 
monitoring system must complete a minimum of one cycle of operation 
(sampling, analyzing, and data recording) for each successive 15-minute 
period.
    (4) Data must be reduced as specified in Sec. 63.8(g)(2).
    (b) You must install, operate, and maintain each continuous opacity 
monitoring system according to the requirements in paragraphs (b)(1) 
through (3) of this section.
    (1) Each continuous opacity monitoring system must be installed, 
operated, and maintained according to the requirements in Table 40 of 
this subpart.
    (2) If you use a continuous opacity monitoring system to meet the 
NSPS opacity limit, you must conduct a performance evaluation of each 
continuous opacity monitoring system according to the requirements in 
Sec. 63.8 and Table 40 of this subpart. This requirement does not apply 
to an affected source subject to the NSPS that has already demonstrated 
initial compliance with the applicable performance specification.
    (3) As specified in Sec. 63.8(c)(4)(i), each continuous opacity 
monitoring system 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.
    (c) Except for flare monitoring systems, you must install, operate, 
and maintain each continuous parameter monitoring system according to 
the requirements in paragraphs (c)(1) through (5) of this section. For 
flares, on and after January 30, 2019, you must install, operate, 
calibrate, and maintain monitoring systems as specified in Sec. Sec. 
63.670 and 63.671. Prior to January 30, 2019, you must either meet the 
monitoring system requirements in paragraphs (c)(1) through (5) of this 
section or meet the requirements in Sec. Sec. 63.670 and 63.671.
    (1) You must install, operate, and maintain each continuous 
parameter monitoring system according to the requirements in Table 41 of 
this subpart. You must also meet the equipment specifications in Table 
41 of this subpart if pH strips or colormetric tube sampling systems are 
used. You must meet the requirements in Table 41 of this subpart for BLD 
systems. Alternatively, before August 1, 2017, you may install, operate, 
and maintain each continuous parameter monitoring system in a manner 
consistent with the manufacturer's specifications or other written 
procedures that provide adequate assurance that the equipment will 
monitor accurately.
    (2) The continuous parameter monitoring system must complete a 
minimum of one cycle of operation for each successive 15-minute period. 
You must have a minimum of four successive cycles of operation to have a 
valid

[[Page 145]]

hour of data (or at least two if a calibration check is performed during 
that hour or if the continuous parameter monitoring system is out-of-
control).
    (3) Each continuous parameter monitoring system must have valid 
hourly average data from at least 75 percent of the hours during which 
the process operated, except for BLD systems.
    (4) Each continuous parameter monitoring system must determine and 
record the hourly average of all recorded readings and if applicable, 
the daily average of all recorded readings for each operating day, 
except for BLD systems. The daily average must cover a 24-hour period if 
operation is continuous or the number of hours of operation per day if 
operation is not continuous, except for BLD systems.
    (5) Each continuous parameter monitoring system must record the 
results of each inspection, calibration, and validation check.
    (d) You must monitor and collect data according to the requirements 
in paragraphs (d)(1) and (2) of this section.
    (1) 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 conduct all monitoring in continuous operation (or collect data 
at all required intervals) at all times the affected source is 
operating.
    (2) You may not use data recorded during required quality assurance 
or control activities (including, as applicable, calibration checks and 
required zero and span adjustments) for purposes of this regulation, 
including data averages and calculations, for 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.

[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6940, Feb. 9, 2005; 80 
FR 75277, Dec. 1, 2015; 83 FR 60723, Nov. 26, 2018]



Sec. 63.1573  What are my monitoring alternatives?

    (a) What are the approved alternatives for measuring gas flow rate? 
(1) You may use this alternative to a continuous parameter monitoring 
system for the catalytic regenerator exhaust gas flow rate for your 
catalytic cracking unit if the unit does not introduce any other gas 
streams into the catalyst regeneration vent (i.e., complete combustion 
units with no additional combustion devices). You may also use this 
alternative to a continuous parameter monitoring system for the 
catalytic regenerator atmospheric exhaust gas flow rate for your 
catalytic reforming unit during the coke burn and rejuvenation cycles if 
the unit operates as a constant pressure system during these cycles. You 
may also use this alternative to a continuous parameter monitoring 
system for the gas flow rate exiting the catalyst regenerator to 
determine inlet velocity to the primary internal cyclones as required in 
Sec. 63.1564(c)(5) regardless of the configuration of the catalytic 
regenerator exhaust vent downstream of the regenerator (i.e., regardless 
of whether or not any other gas streams are introduced into the catalyst 
regeneration vent). Except, if you only use this alternative to 
demonstrate compliance with Sec. 63.1564(c)(5), you shall use this 
procedure for the performance test and for monitoring after the 
performance test. You shall:
    (i) Install and operate a continuous parameter monitoring system to 
measure and record the hourly average volumetric air flow rate to the 
catalytic cracking unit or catalytic reforming unit regenerator. Or, you 
may determine and record the hourly average volumetric air flow rate to 
the catalytic cracking unit or catalytic reforming unit regenerator 
using the appropriate control room instrumentation.
    (ii) Install and operate a continuous parameter monitoring system to 
measure and record the temperature of the gases entering the control 
device (or exiting the catalyst regenerator if you do not use an add-on 
control device).
    (iii) Calculate and record the hourly average actual exhaust gas 
flow rate using Equation 1 of this section as follows:

[[Page 146]]

[GRAPHIC] [TIFF OMITTED] TR09FE05.008

Where

Q gas = Hourly average actual gas flow rate, acfm;
1.12 = Default correction factor to convert gas flow from dry standard 
          cubic feet per minute (dscfm) to standard cubic feet per 
          minute (scfm);
Q air = Volumetric flow rate of air to regenerator, as 
          determined from the control room instrumentations, dscfm;
Q other = Volumetric flow rate of other gases entering the 
          regenerator as determined from the control room 
          instrumentations, dscfm. (Examples of ``other'' gases include 
          an oxygen-enriched air stream to catalytic cracking unit 
          regenerators and a nitrogen stream to catalytic reforming unit 
          regenerators.);
Tempgas = Temperature of gas stream in vent measured as near 
          as practical to the control device or opacity monitor, [deg]K. 
          For wet scrubbers, temperature of gas prior to the wet 
          scrubber; and
Pvent = Absolute pressure in the vent measured as near as 
          practical to the control device or opacity monitor, as 
          applicable, atm. When used to assess the gas flow rate in the 
          final atmospheric vent stack, you can assume Pvent 
          = 1 atm.

    (2) You may use this alternative to calculating Q r, the 
volumetric flow rate of exhaust gas for the catalytic cracking 
regenerator as required in Equation 1 of Sec. 63.1564, if you have a 
gas analyzer installed in the catalytic cracking regenerator exhaust 
vent prior to the addition of air or other gas streams. You may measure 
upstream or downstream of an electrostatic precipitator, but you shall 
measure upstream of a carbon monoxide boiler. You shall:
    (i) Install and operate a continuous parameter monitoring system to 
measure and record the hourly average volumetric air flow rate to the 
catalytic cracking unit regenerator. Or, you can determine and record 
the hourly average volumetric air flow rate to the catalytic cracking 
unit regenerator using the catalytic cracking unit control room 
instrumentation.
    (ii) Install and operate a continuous gas analyzer to measure and 
record the concentration of carbon dioxide, carbon monoxide, and oxygen 
of the catalytic cracking regenerator exhaust.
    (iii) Calculate and record the hourly average flow rate using 
Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR09FE05.009

Where:

Q r = Volumetric flow rate of exhaust gas from the catalyst 
          regenerator before adding air or gas streams, dscm/min (dscf/
          min);
79 = Default concentration of nitrogen and argon in dry air, percent by 
          volume (dry basis);
%Oxy = Oxygen concentration in oxygen-enriched air stream, 
          percent by volume (dry basis);
Q oxy = Volumetric flow rate of oxygen-enriched air stream to 
          regenerator as determined from the catalytic cracking unit 
          control room instrumentations, dscm/min (dscf/min);
%CO2 = Carbon dioxide concentration in regenerator exhaust, 
          percent by volume (dry basis);
CO = Carbon monoxide concentration in regenerator exhaust, percent by 
          volume (dry basis); and
%O2 = Oxygen concentration in regenerator exhaust, percent by 
          volume (dry basis).

    (b) What is the approved alternative for monitoring pressure drop? 
You may use this alternative to a continuous parameter monitoring system 
for pressure drop if you operate a jet ejector type wet scrubber or 
other type of wet scrubber equipped with atomizing spray nozzles. You 
shall:

[[Page 147]]

    (1) Conduct a daily check of the air or water pressure to the spray 
nozzles;
    (2) Maintain records of the results of each daily check; and
    (3) Repair or replace faulty (e.g., leaking or plugged) air or water 
lines within 12 hours of identification of an abnormal pressure reading.
    (c) What is the approved alternative for monitoring pH or alkalinity 
levels? You may use the alternative in paragraph (c)(1) or (2) of this 
section for a catalytic reforming unit.
    (1) You shall measure and record the pH of the water (or scrubbing 
liquid) exiting the wet scrubber or internal scrubbing system at least 
once an hour during coke burn-off and catalyst rejuvenation using pH 
strips as an alternative to a continuous parameter monitoring system. 
The pH strips must meet the requirements in Table 41 of this subpart.
    (2) You shall measure and record the alkalinity of the water (or 
scrubbing liquid) exiting the wet scrubber or internal scrubbing system 
at least once an hour during coke burn-off and catalyst rejuvenation 
using titration as an alternative to a continuous parameter monitoring 
system.
    (d) Can I use another type of monitoring system? You may use an 
automated data compression system. An automated data compression system 
does not record monitored operating parameter values at a set frequency 
(e.g., once every hour) but records all values that meet set criteria 
for variation from previously recorded values. You must maintain a 
record of the description of the monitoring system and data recording 
system, including the criteria used to determine which monitored values 
are recorded and retained, the method for calculating daily averages, 
and a demonstration that the system meets all of the criteria in 
paragraphs (d)(1) through (5) of this section:
    (1) The system measures the operating parameter value at least once 
every hour;
    (2) The system records at least 24 values each day during periods of 
operation;
    (3) The system records the date and time when monitors are turned 
off or on;
    (4) The system recognizes unchanging data that may indicate the 
monitor is not functioning properly, alerts the operator, and records 
the incident; and
    (5) The system computes daily average values of the monitored 
operating parameter based on recorded data.
    (e) Can I monitor other process or control device operating 
parameters? You may request approval to monitor parameters other than 
those required in this subpart. You must request approval if:
    (1) You use a control device other than a thermal incinerator, 
boiler, process heater, flare, electrostatic precipitator, or wet 
scrubber;
    (2) You use a combustion control device (e.g., incinerator, flare, 
boiler or process heater with a design heat capacity of at least 44 MW, 
boiler or process heater where the vent stream is introduced into the 
flame zone), electrostatic precipitator, or scrubber but want to monitor 
a parameter other than those specified; or
    (3) You wish to use another type of continuous emission monitoring 
system that provides direct measurement of a pollutant (i.e., a PM or 
multi-metals HAP continuous emission monitoring system, a carbonyl 
sulfide/carbon disulfide continuous emission monitoring system, a TOC 
continuous emission monitoring system, or HCl continuous emission 
monitoring system).
    (f) How do I request to monitor alternative parameters? You must 
submit a request for review and approval or disapproval to the 
Administrator. The request must include the information in paragraphs 
(f)(1) through (5) of this section.
    (1) A description of each affected source and the parameter(s) to be 
monitored to determine whether the affected source will continuously 
comply with the emission limitations and an explanation of the criteria 
used to select the parameter(s).
    (2) A description of the methods and procedures that will be used to 
demonstrate that the parameter can be used to determine whether the 
affected source will continuously comply with the emission limitations 
and the schedule for this demonstration. You must

[[Page 148]]

certify that you will establish an operating limit for the monitored 
parameter(s) that represents the conditions in existence when the 
control device is being properly operated and maintained to meet the 
emission limitation.
    (3) The frequency and content of monitoring, recording, and 
reporting, if monitoring and recording are not continuous. You also must 
include the rationale for the proposed monitoring, recording, and 
reporting requirements.
    (4) Supporting calculations.
    (5) Averaging time for the alternative operating parameter.
    (g) How do I apply for alternative monitoring requirements if my 
catalytic cracking unit is equipped with a wet scrubber and I have 
approved alternative monitoring requirements under the new source 
performance standards for petroleum refineries? (1) You may request 
alternative monitoring requirements according to the procedures in this 
paragraph if you meet each of the conditions in paragraphs (g)(1)(i) 
through (iii) of this section:
    (i) Your fluid catalytic cracking unit regenerator vent is subject 
to the PM limit in 40 CFR 60.102(a)(1) and uses a wet scrubber for PM 
emissions control;
    (ii) You have alternative monitoring requirements for the continuous 
opacity monitoring system requirement in 40 CFR 60.105(a)(1) approved by 
the Administrator; and
    (iii) You are required by this subpart to install, operate, and 
maintain a continuous opacity monitoring system for the same catalytic 
cracking unit regenerator vent for which you have approved alternative 
monitoring requirements.
    (2) You can request approval to use an alternative monitoring method 
prior to submitting your notification of compliance status, in your 
notification of compliance status, or at any time.
    (3) You must submit a copy of the approved alternative monitoring 
requirements along with a monitoring plan that includes a description of 
the continuous monitoring system or method, including appropriate 
operating parameters that will be monitored, test results demonstrating 
compliance with the opacity limit used to establish an enforceable 
operating limit(s), and the frequency of measuring and recording to 
establish continuous compliance. If applicable, you must also include 
operation and maintenance requirements for the continuous monitoring 
system.
    (4) We will contact you within 30 days of receipt of your 
application to inform you of approval or of our intent to disapprove 
your request.

[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6940, Feb. 9, 2005; 80 
FR 75277, Dec. 1, 2015; 83 FR 60723, Nov. 26, 2018]

                   Notifications, Reports, and Records



Sec. 63.1574  What notifications must I submit and when?

    (a) Except as allowed in paragraphs (a)(1) through (3) of this 
section, you must submit all of the notifications in Sec. Sec. 63.6(h), 
63.7(b) and (c), 63.8(e), 63.8(f)(4), 63.8(f)(6), and 63.9(b) through 
(h) that apply to you by the dates specified.
    (1) You must submit the notification of your intention to construct 
or reconstruct according to Sec. 63.9(b)(5) unless construction or 
reconstruction had commenced and initial startup had not occurred before 
April 11, 2002. In this case, you must submit the notification as soon 
as practicable before startup but no later than July 10, 2002. This 
deadline also applies to the application for approval of construction or 
reconstruction and approval of construction or reconstruction based on 
State preconstruction review required in Sec. Sec. 63.5(d)(1)(i) and 
63.5(f)(2).
    (2) You must submit the notification of intent to conduct a 
performance test required in Sec. 63.7(b) at least 30 calendar days 
before the performance test is scheduled to begin (instead of 60 days).
    (3) If you are required to conduct an initial performance test, 
performance evaluation, design evaluation, opacity observation, visible 
emission observation, or other initial compliance demonstration, you 
must submit a notification of compliance status according to Sec. 
63.9(h)(2)(ii). You can submit this information in an operating permit 
application, in an amendment to an operating permit application, in a 
separate submission, or in any combination. In a State with an approved 
operating permit program where delegation of authority under section 
112(l) of the

[[Page 149]]

CAA has not been requested or approved, you must provide a duplicate 
notification to the applicable Regional Administrator. If the required 
information has been submitted previously, you do not have to provide a 
separate notification of compliance status. Just refer to the earlier 
submissions instead of duplicating and resubmitting the previously 
submitted information.
    (i) For each initial compliance demonstration that does not include 
a performance test, you must submit the Notification of Compliance 
Status no later than 30 calendar days following completion of the 
initial compliance demonstration.
    (ii) For each initial compliance demonstration that includes a 
performance test, you must submit the notification of compliance status 
no later than 150 calendar days after the compliance date specified for 
your affected source in Sec. 63.1563. For data collected using test 
methods supported by the EPA's Electronic Reporting Tool (ERT) as listed 
on the EPA's ERT website (https://www.epa.gov/electronic- reporting-air-
emissions/electronic- reporting-tool-ert) at the time of the test, you 
must submit the results in accordance with Sec. 63.1575(k)(1)(i) by the 
date that you submit the Notification of Compliance Status, and you must 
include the process unit(s) tested, the pollutant(s) tested, and the 
date that such performance test was conducted in the Notification of 
Compliance Status. For performance evaluations of continuous monitoring 
systems (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, you must submit the results in accordance 
with Sec. 63.1575(k)(2)(i) by the date that you submit the Notification 
of Compliance Status, and you must include the process unit where the 
CMS is installed, the parameter measured by the CMS, and the date that 
the performance evaluation was conducted in the Notification of 
Compliance Status. All other performance test and performance evaluation 
results (i.e., those not supported by EPA's ERT) must be reported in the 
Notification of Compliance Status.
    (b) As specified in Sec. 63.9(b)(2), if you startup your new 
affected source before April 11, 2002, you must submit the initial 
notification no later than August 9, 2002, 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 April 11, 2002, you must submit the initial notification no later 
than 120 days after you become subject to this subpart.
    (d) You also must include the information in Table 42 of this 
subpart in your notification of compliance status.
    (e) If you request an extension of compliance for an existing 
catalytic cracking unit as allowed in Sec. 63.1563(c), you must submit 
a notification to your permitting authority containing the required 
information by October 13, 2003.
    (f) As required by this subpart, you must prepare and implement an 
operation, maintenance, and monitoring plan for each control system and 
continuous monitoring system for each affected source. The purpose of 
this plan is to detail the operation, maintenance, and monitoring 
procedures you will follow.
    (1) You must submit the plan to your permitting authority for review 
and approval along with your notification of compliance status. While 
you do not have to include the entire plan in your permit under part 70 
or 71 of this chapter, you must include the duty to prepare and 
implement the plan as an applicable requirement in your part 70 or 71 
operating permit. You must submit any changes to your permitting 
authority for review and approval and comply with the plan as submitted 
until the change is approved.
    (2) Each plan must include, at a minimum, the information specified 
in paragraphs (f)(2)(i) through (xii) of this section.
    (i) Process and control device parameters to be monitored for each 
affected source, along with established operating limits.
    (ii) Procedures for monitoring emissions and process and control 
device operating parameters for each affected source.

[[Page 150]]

    (iii) Procedures that you will use to determine the coke burn-rate, 
the volumetric flow rate (if you use process data rather than direct 
measurement), and the rate of combustion of liquid or solid fossil fuels 
if you use an incinerator-waste heat boiler to burn the exhaust gases 
from a catalyst regenerator.
    (iv) Procedures and analytical methods you will use to determine the 
equilibrium catalyst Ni concentration, the equilibrium catalyst Ni 
concentration monthly rolling average, and the hourly or hourly average 
Ni operating value.
    (v) Procedures you will use to determine the pH of the water (or 
scrubbing liquid) exiting a wet scrubber if you use pH strips.
    (vi) Procedures you will use to determine the HCl concentration of 
gases from a catalytic reforming unit when you use a colormetric tube 
sampling system, including procedures for correcting for pressure (if 
applicable to the sampling equipment) and the sampling locations that 
will be used for compliance monitoring purposes.
    (vii) Procedures you will use to determine the gas flow rate for a 
catalytic cracking unit if you use the alternative procedure based on 
air flow rate and temperature.
    (viii) Monitoring schedule, including when you will monitor and when 
you will not monitor an affected source (e.g., during the coke burn-off, 
regeneration process).
    (ix) Quality control plan for each continuous opacity monitoring 
system and continuous emission monitoring system you use to meet an 
emission limit in this subpart. This plan must include procedures you 
will use for calibrations, accuracy audits, and adjustments to the 
system needed to meet applicable requirements for the system.
    (x) Maintenance schedule for each monitoring system and control 
device for each affected source that is generally consistent with the 
manufacturer's instructions for routine and long-term maintenance.
    (xi) If you use a fixed-bed gas-solid adsorption system to control 
emissions from a catalytic reforming unit, you must implement corrective 
action procedures if the HCl concentration measured at the selected 
compliance monitoring sampling location within the bed exceeds the 
operating limit. These procedures must require, at minimum, repeat 
measurement and recording of the HCl concentration in the adsorption 
system exhaust gases and at the selected compliance monitoring sampling 
location within the bed. If the HCl concentration at the selected 
compliance monitoring location within the bed is above the operating 
limit during the repeat measurement while the HCl concentration in the 
adsorption system exhaust gases remains below the operating limit, the 
adsorption bed must be replaced as soon as practicable. Your procedures 
must specify the sampling frequency that will be used to monitor the HCl 
concentration in the adsorption system exhaust gases subsequent to the 
repeat measurement and prior to replacement of the sorbent material (but 
not less frequent than once every 4 hours during coke burn-off). If the 
HCl concentration of the adsorption system exhaust gases is above the 
operating limit when measured at any time, the adsorption bed must be 
replaced within 24 hours or before the next regeneration cycle, 
whichever is longer.
    (xii) Procedures that will be used for purging the catalyst if you 
do not use a control device to comply with the organic HAP emission 
limits for catalytic reforming units. These procedures will include, but 
are not limited to, specification of the minimum catalyst temperature 
and the minimum cumulative volume of gas per mass of catalyst used for 
purging prior to uncontrolled releases (i.e., during controlled purging 
events); the maximum purge gas temperature for uncontrolled purge 
events; and specification of the monitoring systems that will be used to 
monitor and record data during each purge event.

[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6941, Feb. 9, 2005; 80 
FR 75278, Dec. 1, 2015; 83 FR 60724, Nov. 26, 2018; 85 FR 73901, Nov. 
19, 2020]

[[Page 151]]



Sec. 63.1575  What reports must I submit and when?

    (a) You must submit each report in Table 43 of this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule, you 
must submit each report by the date in Table 43 of this subpart and 
according to the requirements 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. 
63.1563 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 affected source in Sec. 
63.1563.
    (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. 63.1563.
    (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 part 70 or 71 of this chapter, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to Sec. 70.6(a)(3)(iii)(A) or Sec. 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 in paragraphs (b)(1) through (4) of 
this section.
    (c) The compliance report must contain the information required in 
paragraphs (c)(1) through (4) 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 there are no deviations from any emission limitation that 
applies to you and there are no deviations from the requirements for 
work practice standards, a statement that there were no deviations from 
the emission limitations or work practice standards during the reporting 
period and that no continuous emission monitoring system or continuous 
opacity monitoring system was inoperative, inactive, malfunctioning, 
out-of-control, repaired, or adjusted.
    (d) For each deviation from an emission limitation and for each 
deviation from the requirements for work practice standards that occurs 
at an affected source where you are not using a continuous opacity 
monitoring system or a continuous emission monitoring system to comply 
with the emission limitation or work practice standard in this subpart, 
the semiannual compliance report must contain the information in 
paragraphs (c)(1) through (3) of this section and the information in 
paragraphs (d)(1) through (4) of this section.
    (1) The total operating time of each affected source during the 
reporting period and identification of the sources for which there was a 
deviation.
    (2) Information on the number, date, time, duration, and cause of 
deviations (including unknown cause, if applicable).
    (3) Information on the number, duration, and cause for monitor 
downtime incidents (including unknown cause, if applicable, other than 
downtime associated with zero and span and other daily calibration 
checks).
    (4) The applicable operating limit or work practice standard from 
which you deviated and either the parameter monitor reading during the 
deviation or a description of how you deviated from the work practice 
standard.
    (e) For each deviation from an emission limitation occurring at an 
affected source where you are using a continuous opacity monitoring 
system or a continuous emission monitoring system to comply with the 
emission

[[Page 152]]

limitation, you must include the information in paragraphs (c)(1) 
through (3) of this section, in paragraphs (d)(1) through (3) of this 
section, and in paragraphs (e)(2) through (13) of this section.
    (1) [Reserved]
    (2) The date and time that each continuous opacity monitoring system 
or continuous emission monitoring system was inoperative, except for 
zero (low-level) and high-level checks.
    (3) The date and time that each continuous opacity monitoring system 
or continuous emission monitoring system was out-of-control, including 
the information in Sec. 63.8(c)(8).
    (4) An estimate of the quantity of each regulated pollutant emitted 
over the emission limit during the deviation, and a description of the 
method used to estimate the emissions.
    (5) A summary of the total duration of the deviation during the 
reporting period (recorded in minutes for opacity and hours for gases 
and in the averaging period specified in the regulation for other types 
of emission limitations), 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 and 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 downtime for the continuous 
opacity monitoring system or continuous emission monitoring system 
during the reporting period (recorded in minutes for opacity and hours 
for gases and in the averaging time specified in the regulation for 
other types of standards), and the total duration of downtime for the 
continuous opacity monitoring system or continuous emission monitoring 
system as a percent of the total source operating time during that 
reporting period.
    (8) A breakdown of the total duration of downtime for the continuous 
opacity monitoring system or continuous emission monitoring system 
during the reporting period into periods that are due to monitoring 
equipment malfunctions, non-monitoring equipment malfunctions, quality 
assurance/quality control calibrations, other known causes, and other 
unknown causes.
    (9) An identification of each HAP that was monitored at the affected 
source.
    (10) A brief description of the process units.
    (11) The monitoring equipment manufacturer(s) and model number(s).
    (12) The date of the latest certification or audit for the 
continuous opacity monitoring system or continuous emission monitoring 
system.
    (13) A description of any change in the continuous emission 
monitoring system or continuous opacity monitoring system, processes, or 
controls since the last reporting period.
    (f) You also must include the information required in paragraphs 
(f)(1) through (2) of this section in each compliance report, if 
applicable.
    (1) A copy of any performance test or performance evaluation of a 
CMS done during the reporting period on any affected unit, if 
applicable. The report must be included in the next semiannual 
compliance report. The copy must include a complete report for each test 
method used for a particular kind of emission point tested. For 
additional tests performed for a similar emission point using the same 
method, you must submit the results and any other information required, 
but a complete test report is not required. A complete test report 
contains a brief process description; a simplified flow diagram showing 
affected processes, control equipment, and sampling point locations; 
sampling site data; description of sampling and analysis procedures and 
any modifications to standard procedures; quality assurance procedures; 
record of operating conditions during the test; record of preparation of 
standards; record of calibrations; raw data sheets for field sampling; 
raw data sheets for field and laboratory analyses; documentation of 
calculations; and any other information required by the test method. For 
data collected using test methods supported by the EPA's Electronic 
Reporting Tool (ERT) as listed on the EPA's ERT website (https://
www.epa.gov/electronic- reporting-air-emissions/electronic- reporting-
tool-ert) at the time of the test, you must submit the results in 
accordance

[[Page 153]]

with paragraph (k)(1)(i) of this section by the date that you submit the 
compliance report, and instead of including a copy of the test report in 
the compliance report, you must include the process unit(s) tested, the 
pollutant(s) tested, and the date that such performance test was 
conducted in the compliance report. For 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, you must submit the results in accordance with 
paragraph (k)(2)(i) of this section by the date that you submit the 
compliance report, and you must include the process unit where the CMS 
is installed, the parameter measured by the CMS, and the date that the 
performance evaluation was conducted in the compliance report. All other 
performance test and performance evaluation results (i.e., those not 
supported by EPA's ERT) must be reported in the compliance report.
    (2) Any requested change in the applicability of an emission 
standard (e.g., you want to change from the PM standard to the Ni 
standard for catalytic cracking units or from the HCl concentration 
standard to percent reduction for catalytic reforming units) in your 
compliance report. You must include all information and data necessary 
to demonstrate compliance with the new emission standard selected and 
any other associated requirements.
    (g) You may submit reports required by other regulations in place of 
or as part of the compliance report if they contain the required 
information.
    (h) [Reserved]
    (i) If the applicable permitting authority has approved a period of 
planned maintenance for your catalytic cracking unit according to the 
requirements in paragraph (j) of this section, you must include the 
following information in your compliance report.
    (1) In the compliance report due for the 6-month period before the 
routine planned maintenance is to begin, you must include a full copy of 
your written request to the applicable permitting authority and written 
approval received from the applicable permitting authority.
    (2) In the compliance report due after the routine planned 
maintenance is complete, you must include a description of the planned 
routine maintenance that was performed for the control device during the 
previous 6-month period, and the total number of hours during those 6 
months that the control device did not meet the emission limitations and 
monitoring requirements as a result of the approved routine planned 
maintenance.
    (j) If you own or operate multiple catalytic cracking units that are 
served by a single wet scrubber emission control device (e.g., a Venturi 
scrubber), you may request the applicable permitting authority to 
approve a period of planned routine maintenance for the control device 
needed to meet requirements in your operation, maintenance, and 
monitoring plan. You must present data to the applicable permitting 
authority demonstrating that the period of planned maintenance results 
in overall emissions reductions. During this pre-approved time period, 
the emission control device may be taken out of service while 
maintenance is performed on the control device and/or one of the process 
units while the remaining process unit(s) continue to operate. During 
the period the emission control device is unable to operate, the 
emission limits, operating limits, and monitoring requirements 
applicable to the unit that is operating and the wet scrubber emission 
control device do not apply. The applicable permitting authority may 
require that you take specified actions to minimize emissions during the 
period of planned maintenance.
    (1) You must submit a written request to the applicable permitting 
authority at least 6 months before the planned maintenance is scheduled 
to begin with a copy to the EPA Regional Administrator.
    (2) Your written request must contain the information in paragraphs 
(j)(2)(i) through (v) of this section.
    (i) A description of the planned routine maintenance to be performed 
during the next 6 months and why it is necessary.
    (ii) The date the planned maintenance will begin and end.

[[Page 154]]

    (iii) A quantified estimate of the HAP and criteria pollutant 
emissions that will be emitted during the period of planned maintenance.
    (iv) An analysis showing the emissions reductions resulting from the 
planned maintenance as opposed to delaying the maintenance until the 
next unit turnaround.
    (v) Actions you will take to minimize emissions during the period of 
planned maintenance.
    (k) Electronic submittal of performance test and CEMS performance 
evaluation data. For performance tests or CEMS performance evaluations 
conducted on and after February 1, 2016, if required to submit the 
results of a performance test or CEMS performance evaluation, you must 
submit the results according to the procedures in paragraphs (k)(1) and 
(2) of this section.
    (1) Unless otherwise specified by this subpart, within 60 days after 
the date of completing each performance test as required by this 
subpart, you must submit the results of the performance tests following 
the procedure specified in either paragraph (k)(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) 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 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 storage media must 
be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI 
omitted must be submitted to the EPA via the EPA's CDX as described 
earlier in this paragraph (k)(1)(i).
    (ii) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec. 63.13.
    (2) Unless otherwise specified by this subpart, within 60 days after 
the date of completing each CEMS performance evaluation required by 
Sec. 63.1571(a) and (b), you must submit the results of the performance 
evaluation following the procedure specified in either paragraph 
(k)(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 is 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 
submitted is CBI, you must submit a complete file generated through the 
use of the EPA's ERT or an alternate electronic file consistent with the 
XML schema listed on the EPA's ERT Web site, including information 
claimed to be CBI, on a compact disc, flash drive or other commonly used 
electronic storage media to the EPA. The electronic storage media must 
be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703.

[[Page 155]]

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 
(k)(2)(i).
    (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 EPA's 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.
    (l) Extensions to electronic reporting deadlines. (1) If you are 
required to electronically submit a report through the Compliance and 
Emissions Data Reporting Interface (CEDRI) in the EPA's Central Data 
Exchange (CDX), and due to a planned or actual outage of either the 
EPA's CEDRI or CDX systems within the period of time beginning 5 
business days prior to the date that the submission is due, you will be 
or are precluded from accessing CEDRI or CDX and submitting a required 
report within the time prescribed, you may assert a claim of EPA system 
outage for failure to timely comply with the reporting requirement. You 
must submit notification to the Administrator in writing as soon as 
possible following the date you first knew, or through due diligence 
should have known, that the event may cause or caused a delay in 
reporting. You must provide to the Administrator a written description 
identifying the date(s) and time(s) the CDX or CEDRI were unavailable 
when you attempted to access it in the 5 business days prior to the 
submission deadline; a rationale for attributing the delay in reporting 
beyond the regulatory deadline to the EPA system outage; describe the 
measures taken or to be taken to minimize the delay in reporting; and 
identify a date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported. In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved. The 
decision to accept the claim of EPA system outage and allow an extension 
to the reporting deadline is solely within the discretion of the 
Administrator.
    (2) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX and a force majeure event is about to occur, 
occurs, or has occurred or there are lingering effects from such an 
event within the period of time beginning 5 business days prior to the 
date the submission is due, the owner or operator may assert a claim of 
force majeure for failure to timely comply with the reporting 
requirement. For the purposes of this section, a force majeure event is 
defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents you from 
complying with the requirement to submit a report electronically within 
the time period prescribed. Examples of such events are acts of nature 
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or 
equipment failure or safety hazard beyond the control of the affected 
facility (e.g., large scale power outage). If you intend to assert a 
claim of force majeure, you must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or caused a delay in reporting. You must provide to the 
Administrator a written description of the force majeure event and a 
rationale for attributing the delay in reporting beyond the regulatory 
deadline to the force majeure event; describe the measures taken or to 
be taken to minimize the delay in reporting; and identify a date by 
which you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the reporting must occur as soon as possible after the 
force majeure event occurs. The decision to accept the claim of force 
majeure and allow an extension to the reporting deadline is solely 
within the discretion of the Administrator.

[67 FR 17773, Apr. 11, 2002, as amended at 80 FR 75278, Dec. 1, 2015; 83 
FR 60724, Nov. 26, 2018]

[[Page 156]]



Sec. 63.1576  What records must I keep, in what form, and for how long?

    (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 specified in paragraphs (a)(2)(i) through (iv) of 
this section.
    (i) Record the date, time, and duration of each startup and/or 
shutdown period for which the facility elected to comply with the 
alternative standards in Sec. 63.1564(a)(5)(ii) or Sec. 
63.1565(a)(5)(ii) or Sec. 63.1568(a)(4)(ii) or (iii).
    (ii) 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.
    (iii) For each failure to meet an applicable standard, record and 
retain a list of the affected sources or equipment, an estimate of the 
volume of each regulated pollutant emitted over any emission limit and a 
description of the method used to estimate the emissions.
    (iv) Record actions taken to minimize emissions in accordance with 
Sec. 63.1570(c) and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.
    (3) Records of performance tests, performance evaluations, and 
opacity and visible emission observations as required in Sec. 
63.10(b)(2)(viii).
    (b) For each continuous emission monitoring system and continuous 
opacity monitoring system, you must keep the records required in 
paragraphs (b)(1) through (5) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi).
    (2) Monitoring data for continuous opacity monitoring systems during 
a performance evaluation as required in Sec. 63.6(h)(7)(i) and (ii).
    (3) The performance evaluation plan as described in 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 must 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).
    (4) Requests for alternatives to the relative accuracy test for 
continuous emission monitoring systems 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 in Sec. 63.6(h) for visible emission 
observations.
    (d) You must keep records required by Tables 6, 7, 13, and 14 of 
this subpart (for catalytic cracking units); Tables 20, 21, 27 and 28 of 
this subpart (for catalytic reforming units); Tables 34 and 35 of this 
subpart (for sulfur recovery units); and Table 39 of this subpart (for 
bypass lines) to show continuous compliance with each emission 
limitation that applies to you.
    (e) You must keep a current copy of your operation, maintenance, and 
monitoring plan onsite and available for inspection. You also must keep 
records to show continuous compliance with the procedures in your 
operation, maintenance, and monitoring plan.
    (f) You also must keep the records of any changes that affect 
emission control system performance including, but not limited to, the 
location at which the vent stream is introduced into the flame zone for 
a boiler or process heater.
    (g) Your records must be in a form suitable and readily available 
for expeditious review according to Sec. 63.10(b)(1).
    (h) 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.
    (i) 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

[[Page 157]]

can keep the records offsite for the remaining 3 years.

[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, Feb. 9, 2005; 80 
FR 75279, Dec. 1, 2015; 83 FR 60725, Nov. 26, 2018]

                   Other Requirements and Information



Sec. 63.1577  What parts of the General Provisions apply to me?

    Table 44 of this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.1578  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 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 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 listed in paragraphs (c)(1) through (5) of this 
section.
    (1) Approval of alternatives to the non-opacity emission limitations 
and work practice standards in Sec. Sec. 63.1564 through 63.1569 under 
Sec. 63.6(g).
    (2) Approval of alternative opacity emission limitations in 
Sec. Sec. 63.1564 through 63.1569 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.
    (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.



Sec. 63.1579  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 (Sec. Sec. 63.1 
through 63.15), and in this section as listed. If the same term is 
defined in subpart A of this part and in this section, it shall have the 
meaning given in this section for purposes of this subpart.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.
    Catalytic cracking unit means a refinery process unit in which 
petroleum derivatives are continuously charged; hydrocarbon molecules in 
the presence of a catalyst suspended in a fluidized bed are fractured 
into smaller molecules, or react with a contact material suspended in a 
fluidized bed to improve feedstock quality for additional processing; 
and the catalyst or contact material is continuously regenerated by 
burning off coke and other deposits. The unit includes, but is not 
limited to, the riser, reactor, regenerator, air blowers, spent catalyst 
or contact material stripper, catalyst or contact material recovery 
equipment, and regenerator equipment for controlling air pollutant 
emissions and equipment used for heat recovery.
    Catalytic cracking unit catalyst regenerator means one or more 
regenerators (multiple regenerators) which comprise that portion of the 
catalytic cracking unit in which coke burn-off and catalyst or contact 
material regeneration occurs and includes the regenerator combustion air 
blower(s).
    Catalytic reforming unit means a refinery process unit that reforms 
or changes the chemical structure of naphtha into higher octane 
aromatics through the use of a metal catalyst and chemical reactions 
that include dehydrogenation, isomerization, and hydrogenolysis. The 
catalytic reforming unit includes the reactor, regenerator (if 
separate), separators, catalyst isolation and transport vessels (e.g., 
lock and lift hoppers), recirculation equipment, scrubbers, and other 
ancillary equipment.
    Catalytic reforming unit regenerator means one or more regenerators 
which

[[Page 158]]

comprise that portion of the catalytic reforming unit and ancillary 
equipment in which the following regeneration steps typically are 
performed: depressurization, purge, coke burn-off, catalyst rejuvenation 
with a chloride (or other halogenated) compound(s), and a final purge. 
The catalytic reforming unit catalyst regeneration process can be done 
either as a semi-regenerative, cyclic, or continuous regeneration 
process.
    Coke burn-off means the coke removed from the surface of the 
catalytic cracking unit catalyst or the catalytic reforming unit 
catalyst by combustion in the catalyst regenerator. The rate of coke 
burn-off is calculated using Equation 2 in Sec. 63.1564.
    Combustion device means an individual unit of equipment such as a 
flare, incinerator, process heater, or boiler used for the destruction 
of organic HAP or VOC.
    Combustion zone means the space in an enclosed combustion device 
(e.g., vapor incinerator, boiler, furnace, or process heater) occupied 
by the organic HAP and any supplemental fuel while burning. The 
combustion zone includes any flame that is visible or luminous as well 
as that space outside the flame envelope in which the organic HAP 
continues to be oxidized to form the combustion products.
    Contact material means any substance formulated to remove metals, 
sulfur, nitrogen, or any other contaminants from petroleum derivatives.
    Continuous regeneration reforming means a catalytic reforming 
process characterized by continuous flow of catalyst material through a 
reactor where it mixes with feedstock, and a portion of the catalyst is 
continuously removed and sent to a special regenerator where it is 
regenerated and continuously recycled back to the reactor.
    Control device means any equipment used for recovering, removing, or 
oxidizing HAP in either gaseous or solid form. Such equipment includes, 
but is not limited to, condensers, scrubbers, electrostatic 
precipitators, incinerators, flares, boilers, and process heaters.
    Cyclic regeneration reforming means a catalytic reforming process 
characterized by continual batch regeneration of catalyst in situ in any 
one of several reactors (e.g., 4 or 5 separate reactors) that can be 
isolated from and returned to the reforming operation while maintaining 
continuous reforming process operations (i.e., feedstock continues 
flowing through the remaining reactors without change in feed rate or 
product octane).
    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 limit, 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 and that is included in the 
operating permit for any affected source required to obtain such a 
permit.
    Emission limitation means any emission limit, opacity limit, 
operating limit, or visible emission limit.
    Flame zone means the portion of a combustion chamber of a boiler or 
process heater occupied by the flame envelope created by the primary 
fuel.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow, in or through a 
line.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous streams generated by the source, may blend 
them with sources of gas, if available, and transports the blended 
gaseous fuel at suitable pressures for use as fuel in heaters, furnaces, 
boilers, incinerators, gas turbines, and other combustion devices 
located within or outside of the refinery. The fuel is piped directly to 
each individual combustion device, and the system typically operates at 
pressures over atmospheric. The gaseous streams can contain a mixture of 
methane, light hydrocarbons, hydrogen, and other miscellaneous species.
    HCl means for the purposes of this subpart, gaseous emissions of 
hydrogen chloride that serve as a surrogate measure for total emissions 
of hydrogen chloride and chlorine as measured by Method 26 or 26A in 
appendix A to

[[Page 159]]

part 60 of this chapter or an approved alternative method.
    Hot standby means periods when the catalytic cracking unit is not 
receiving fresh or recycled feed oil but the catalytic cracking unit is 
maintained at elevated temperatures, typically using torch oil in the 
catalyst regenerator and recirculating catalyst, to prevent a complete 
shutdown and cold restart of the catalytic cracking unit.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds, with or without heat recovery. Auxiliary 
fuel may be used to heat waste gas to combustion temperatures. An 
incinerator may use a catalytic combustion process where a substance is 
introduced into an exhaust stream to burn or oxidize contaminants while 
the substances itself remains intact, or a thermal process which uses 
elevated temperatures as a primary means to burn or oxidize 
contaminants.
    Internal scrubbing system means a wet scrubbing, wet injection, or 
caustic injection control device that treats (in-situ) the catalytic 
reforming unit recirculating coke burn exhaust gases for acid (HCl) 
control during reforming catalyst regeneration upstream of the 
atmospheric coke burn vent.
    Ni means, for the purposes of this subpart, particulate emissions of 
nickel that serve as a surrogate measure for total emissions of metal 
HAP, including but not limited to: antimony, arsenic, beryllium, 
cadmium, chromium, cobalt, lead, manganese, nickel, and selenium as 
measured by Method 29 in appendix A to part 60 of this chapter or by an 
approved alternative method.
    Nonmethane TOC means, for the purposes of this subpart, emissions of 
total organic compounds, excluding methane, that serve as a surrogate 
measure of the total emissions of organic HAP compounds including, but 
not limited to, acetaldehyde, benzene, hexane, phenol, toluene, and 
xylenes and nonHAP VOC as measured by Method 25 in appendix A to part 60 
of this chapter, by the combination of Methods 18 and 25A in appendix A 
to part 60 of this chapter, or by an approved alternative method.
    Oxidation control system means an emission control system which 
reduces emissions from sulfur recovery units by converting these 
emissions to sulfur dioxide.
    PM means, for the purposes of this subpart, emissions of particulate 
matter that serve as a surrogate measure of the total emissions of 
particulate matter and metal HAP contained in the particulate matter, 
including but not limited to: Antimony, arsenic, beryllium, cadmium, 
chromium, cobalt, lead, manganese, nickel, and selenium as measured by 
Methods 5, 5B or 5F in appendix A-3 to part 60 of this chapter or by an 
approved alternative method.
    Process heater means an enclosed combustion device that primarily 
transfers heat liberated by burning fuel directly to process streams or 
to heat transfer liquids other than water.
    Process vent means, for the purposes of this subpart, a gas stream 
that is continuously or periodically discharged during normal operation 
of a catalytic cracking unit, catalytic reforming unit, or sulfur 
recovery unit, including gas streams that are discharged directly to the 
atmosphere, gas streams that are routed to a control device prior to 
discharge to the atmosphere, or gas streams that are diverted through a 
product recovery device line prior to control or discharge to the 
atmosphere.
    Reduced sulfur compounds means hydrogen sulfide, carbonyl sulfide, 
and carbon disulfide.
    Reduction control system means an emission control system which 
reduces emissions from sulfur recovery units by converting these 
emissions to hydrogen sulfide.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Semi-regenerative reforming means a catalytic reforming process 
characterized by shutdown of the entire reforming unit (e.g., which may 
employ three to four separate reactors) at specified intervals or at the 
owner's or operator's convenience for in situ catalyst regeneration.
    Sulfur recovery unit means a process unit that recovers elemental 
sulfur from gases that contain reduced sulfur

[[Page 160]]

compounds and other pollutants, usually by a vapor-phase catalytic 
reaction of sulfur dioxide and hydrogen sulfide. This definition does 
not include a unit where the modified reaction is carried out in a water 
solution which contains a metal ion capable of oxidizing the sulfide ion 
to sulfur, e.g., the LO-CAT II process.
    TOC means, for the purposes of this subpart, emissions of total 
organic compounds that serve as a surrogate measure of the total 
emissions of organic HAP compounds including, but not limited to, 
acetaldehyde, benzene, hexane, phenol, toluene, and xylenes and nonHAP 
VOC as measured by Method 25A in appendix A to part 60 of this chapter 
or by an approved alternative method.
    TRS means, for the purposes of this subpart, emissions of total 
reduced sulfur compounds, expressed as an equivalent sulfur dioxide 
concentration, that serve as a surrogate measure of the total emissions 
of sulfide HAP carbonyl sulfide and carbon disulfide as measured by 
Method 15 in appendix A to part 60 of this chapter or by an approved 
alternative method.
    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.

[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, Feb. 9, 2005; 80 
FR 75279, Dec. 1, 2015]



 Sec. Table 1 to Subpart UUU of Part 63--Metal HAP Emission Limits for 
                        Catalytic Cracking Units

    As stated in Sec. 63.1564(a)(1), you shall meet each emission 
limitation in the following table that applies to you.

------------------------------------------------------------------------
                                           You shall meet the following
   For each new or existing catalytic        emission limits for each
          cracking unit . . .            catalyst regenerator vent . . .
------------------------------------------------------------------------
1. Subject to new source performance     PM emissions must not exceed
 standard (NSPS) for PM in 40 CFR         1.0 gram per kilogram (g/kg)
 60.102 and not electing Sec. (1.0 lb/1,000 lb) of coke burn-
 60.100(e).                               off, and the opacity of
                                          emissions must not exceed 30
                                          percent, except for one 6-
                                          minute average opacity reading
                                          in any 1-hour period. Before
                                          August 1, 2017, if the
                                          discharged gases pass through
                                          an incinerator or waste heat
                                          boiler in which you burn
                                          auxiliary or in supplemental
                                          liquid or solid fossil fuel,
                                          the incremental rate of PM
                                          emissions must not exceed 43.0
                                          grams per Gigajoule (g/GJ) or
                                          0.10 pounds per million
                                          British thermal units (lb/
                                          million Btu) of heat input
                                          attributable to the liquid or
                                          solid fossil fuel; and the
                                          opacity of emissions must not
                                          exceed 30 percent, except for
                                          one 6-minute average opacity
                                          reading in any 1-hour period.
2. Subject to NSPS for PM in 40 CFR      PM emissions must not exceed
 60.102a(b)(1)(i); or 40 CFR 60.102 and   1.0 g/kg (1.0 lb PM/1,000 lb)
 electing Sec. 60.100(e).               of coke burn-off or, if a PM
                                          CEMS is used, 0.040 grain per
                                          dry standard cubic feet (gr/
                                          dscf) corrected to 0 percent
                                          excess air.
3. Subject to NSPS for PM in 40 CFR      PM emissions must not exceed
 60.102a(b)(1)(ii).                       0.5 g/kg coke burn-off (0.5 lb/
                                          1000 lb coke burn-off) or, if
                                          a PM CEMS is used, 0.020 gr/
                                          dscf corrected to 0 percent
                                          excess air.
4. Option 1a: Elect NSPS subpart J       PM emissions must not exceed
 requirements for PM per coke burn        the limits specified in Item 1
 limit and 30% opacity, not subject to    of this table.
 the NSPS for PM in 40 CFR 60.102 or
 60.102a(b)(1).
5. Option 1b: Elect NSPS subpart Ja      PM emissions must not exceed
 requirements for PM per coke burn-off    1.0 g/kg (1.0 lb PM/1000 lb)
 limit, not subject to the NSPS for PM    of coke burn-off.
 in 40 CFR 60.102 or 60.102a(b)(1).
6. Option 1c: Elect NSPS subpart Ja      PM emissions must not exceed
 requirements for PM concentration        0.040 gr/dscf corrected to 0
 limit, not subject to the NSPS for PM    percent excess air.
 in 40 CFR 60.102 or 60.102a(b)(1).
7. Option 2: PM per coke burn-off        PM emissions must not exceed
 limit, not subject to the NSPS for PM    1.0 g/kg (1.0 lb PM/1000 lb)
 in 40 CFR 60.102 or 60.102a(b)(1).       of coke burn-off in the
                                          catalyst regenerator.
8. Option 3: Ni lb/hr limit, not         Nickel (Ni) emissions must not
 subject to the NSPS for PM in 40 CFR     exceed 13,000 milligrams per
 60.102 or 60.102a(b)(1).                 hour (mg/hr) (0.029 lb/hr).
9. Option 4: Ni per coke burn-off        Ni emissions must not exceed
 limit, not subject to the NSPS for PM    1.0 mg/kg (0.001 lb/1,000 lb)
 in 40 CFR 60.102 or 60.102a(b)(1).       of coke burn-off in the
                                          catalyst regenerator.
------------------------------------------------------------------------


[80 FR 75280, Dec. 1, 2015]

[[Page 161]]



 Sec. Table 2 to Subpart UUU of Part 63--Operating Limits for Metal HAP 
                 Emissions From Catalytic Cracking Units

    As stated in Sec. 63.1564(a)(2), you shall meet each operating 
limit in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                           For this type of
  For each new or existing catalytic    continuous monitoring       For this type of       You shall meet this
         cracking unit . . .                 system . . .         control device . . .    operating limit . . .
----------------------------------------------------------------------------------------------------------------
1. Subject to the NSPS for PM in 40    Continuous opacity       Any....................  On and after August 1,
 CFR 60.102 and not elect Sec. monitoring system.                                2017, maintain the 3-
 60.100(e).                                                                               hour rolling average
                                                                                          opacity of emissions
                                                                                          from your catalyst
                                                                                          regenerator vent no
                                                                                          higher than 20
                                                                                          percent.
2. Subject to NSPS for PM in 40 CFR    a. PM CEMS.............  Any....................  Not applicable.
 60.102a(b)(1)(i) or electing Sec.
 60.100(e).
                                       b. Continuous opacity    Cyclone or               Maintain the 3-hour
                                        monitoring system used   electrostatic            rolling average
                                        to comply with a site-   precipitator.            opacity of emissions
                                        specific opacity limit.                           from your catalyst
                                                                                          regenerator vent no
                                                                                          higher than the site-
                                                                                          specific opacity limit
                                                                                          established during the
                                                                                          performance test.
                                       c. Continuous parameter  Electrostatic            i. Maintain the daily
                                        monitoring systems.      precipitator.            average coke burn-off
                                                                                          rate or daily average
                                                                                          flow rate no higher
                                                                                          than the limit
                                                                                          established in the
                                                                                          performance test.
                                                                                         ii. Maintain the 3-hour
                                                                                          rolling average total
                                                                                          power and secondary
                                                                                          current above the
                                                                                          limit established in
                                                                                          the performance test.
                                       d. Continuous parameter  Wet scrubber...........  i. Maintain the 3-hour
                                        monitoring systems.                               rolling average liquid-
                                                                                          to-gas ratio above the
                                                                                          limit established in
                                                                                          the performance test.
                                                                                         ii. Except for periods
                                                                                          of startup, shutdown,
                                                                                          and hot standby,
                                                                                          maintain the 3-hour
                                                                                          rolling average
                                                                                          pressure drop above
                                                                                          the limit established
                                                                                          in the performance
                                                                                          test.\1\
                                       e. Bag leak detection    Fabric filter..........  Maintain particulate
                                        (BLD) system.                                     loading below the BLD
                                                                                          alarm set point
                                                                                          established in the
                                                                                          initial adjustment of
                                                                                          the BLD system or
                                                                                          allowable seasonal
                                                                                          adjustments.
3. Subject to NSPS for PM in 40 CFR    Any....................  Any....................  The applicable
 60.102a(b)(1)(ii).                                                                       operating limits in
                                                                                          Item 2 of this table.
4. Option 1a: Elect NSPS subpart J     Any....................  Any....................  See Item 1 of this
 requirements for PM per coke burn                                                        table.
 limit, not subject to the NSPS for
 PM in 40 CFR 60.102 or 60.102a(b)(1).
5. Option 1b: Elect NSPS subpart Ja    Any....................  Any....................  The applicable
 requirements for PM per coke burn-                                                       operating limits in
 off limit, not subject to the NSPS                                                       Item 2.b, 2.c, 2.d,
 for PM in 40 CFR 60.102 or                                                               and 2.e of this table.
 60.102a(b)(1).
6. Option 1c: Elect NSPS subpart Ja    PM CEMS................  Any....................  Not applicable.
 requirements for PM concentration
 limit, not subject to the NSPS for
 PM in 40 CFR 60.102 or 60.102a(b)(1).

[[Page 162]]

 
7. Option 2: PM per coke burn-off      a. Continuous opacity    Cyclone, fabric filter,  See Item 2.b of this
 limit not subject to the NSPS for PM   monitoring system used   or electrostatic         table. Alternatively,
 in 40 CFR 60.102 or 60.102a(b)(1).     to comply with a site-   precipitator.            before August 1, 2017,
                                        specific opacity limit.                           you may maintain the
                                                                                          hourly average opacity
                                                                                          of emissions from your
                                                                                          catalyst generator
                                                                                          vent no higher than
                                                                                          the site-specific
                                                                                          opacity limit
                                                                                          established during the
                                                                                          performance test.
                                       b. Continuous parameter  i. Electrostatic         (1) See Item 2.c.i of
                                        monitoring systems.      precipitator.            this table.
                                                                                         (2) See item 2.c.ii of
                                                                                          this table.
                                                                                          Alternatively, before
                                                                                          August 1, 2017, you
                                                                                          may maintain the daily
                                                                                          average voltage and
                                                                                          secondary current
                                                                                          above the limit
                                                                                          established in the
                                                                                          performance test.
                                                                ii. Wet scrubber.......  (1) See Item 2.d.i of
                                                                                          this table.
                                                                                          Alternatively, before
                                                                                          August 1, 2017, you
                                                                                          may maintain the daily
                                                                                          average liquid-to-gas
                                                                                          ratio above the limit
                                                                                          established in the
                                                                                          performance test.
                                                                                         (2) See Item 2.d.ii of
                                                                                          the table.
                                                                                          Alternatively, before
                                                                                          August 1, 2017, you
                                                                                          may maintain the daily
                                                                                          average pressure drop
                                                                                          above the limit
                                                                                          established in the
                                                                                          performance test (not
                                                                                          applicable to a wet
                                                                                          scrubber of the non-
                                                                                          venturi jet-ejector
                                                                                          design).
                                       c. Bag leak detection    Fabric filter..........  See item 2.e of this
                                        (BLD) system.                                     table.
8. Option 3: Ni lb/hr limit not        a. Continuous opacity    Cyclone, fabric filter,  Maintain the 3-hour
 subject to the NSPS for PM in 40 CFR   monitoring system.       or electrostatic         rolling average Ni
 60.102.                                                         precipitator.            operating value no
                                                                                          higher than the limit
                                                                                          established during the
                                                                                          performance test.
                                                                                          Alternatively, before
                                                                                          August 1, 2017, you
                                                                                          may maintain the daily
                                                                                          average Ni operating
                                                                                          value no higher than
                                                                                          the limit established
                                                                                          during the performance
                                                                                          test.
                                       b. Continuous parameter  i. Electrostatic         (1) See Item 2.c.i of
                                        monitoring systems.      precipitator.            this table.
                                                                                         (2) Maintain the
                                                                                          monthly rolling
                                                                                          average of the
                                                                                          equilibrium catalyst
                                                                                          Ni concentration no
                                                                                          higher than the limit
                                                                                          established during the
                                                                                          performance test.
                                                                                         (3) See Item 2.c.ii of
                                                                                          this table.
                                                                                          Alternatively, before
                                                                                          August 1, 2017, you
                                                                                          may maintain the daily
                                                                                          average voltage and
                                                                                          secondary current (or
                                                                                          total power input)
                                                                                          above the established
                                                                                          during the performance
                                                                                          test.
                                                                ii. Wet scrubber.......  (1) Maintain the
                                                                                          monthly rolling
                                                                                          average of the
                                                                                          equilibrium catalyst
                                                                                          Ni concentration no
                                                                                          higher than the limit
                                                                                          established during the
                                                                                          performance test.

[[Page 163]]

 
                                                                                         (2) See Item 2.d.i of
                                                                                          this table.
                                                                                          Alternatively, before
                                                                                          August 1, 2017, you
                                                                                          may maintain the daily
                                                                                          average liquid-to-gas
                                                                                          ratio above the limit
                                                                                          established during the
                                                                                          performance test.
                                                                                         (3) See Item 2.d.ii of
                                                                                          this table.
                                                                                          Alternatively, before
                                                                                          August 1, 2017, you
                                                                                          may maintain the daily
                                                                                          average pressure drop
                                                                                          above the limit
                                                                                          established during the
                                                                                          performance test (not
                                                                                          applicable to a non-
                                                                                          venturi wet scrubber
                                                                                          of the jet-ejector
                                                                                          design).
                                       c. Bag leak detection    Fabric filter..........  See item 2.e of this
                                        (BLD) system.                                     table.
9. Option 4: Ni per coke burn-off      a. Continuous opacity    Cyclone, fabric filter,  Maintain the 3-hour
 limit not subject to the NSPS for PM   monitoring system.       or electrostatic         rolling average Ni
 in 40 CFR 60.102.                                               precipitator.            operating value no
                                                                                          higher than Ni
                                                                                          operating limit
                                                                                          established during the
                                                                                          performance test.
                                                                                          Alternatively, before
                                                                                          August 1, 2017, you
                                                                                          may elect to maintain
                                                                                          the daily average Ni
                                                                                          operating value no
                                                                                          higher than the Ni
                                                                                          operating limit
                                                                                          established during the
                                                                                          performance test.
                                       b. Continuous parameter  i. Electrostatic         (1) Maintain the
                                        monitoring systems.      precipitator.            monthly rolling
                                                                                          average of the
                                                                                          equilibrium catalyst
                                                                                          Ni concentration no
                                                                                          higher than the limit
                                                                                          established during the
                                                                                          performance test.
                                                                                         (2) See Item 2.c.ii of
                                                                                          this table.
                                                                                          Alternatively, before
                                                                                          August 1, 2017, you
                                                                                          may maintain the daily
                                                                                          average voltage and
                                                                                          secondary current (or
                                                                                          total power input)
                                                                                          above the limit
                                                                                          established during the
                                                                                          performance test.
                                                                ii. Wet scrubber.......  (1) Maintain the
                                                                                          monthly rolling
                                                                                          average of the
                                                                                          equilibrium catalyst
                                                                                          Ni concentration no
                                                                                          higher than the limit
                                                                                          established during the
                                                                                          performance test.
                                                                                         (2) See Item 2.d.i of
                                                                                          this table.
                                                                                          Alternatively, before
                                                                                          August 1, 2017, you
                                                                                          may maintain the daily
                                                                                          average liquid-to-gas
                                                                                          ratio above the limit
                                                                                          established during the
                                                                                          performance test.
                                                                                         (3) See Item 2.d.ii of
                                                                                          this table.
                                                                                          Alternatively, before
                                                                                          August 1, 2017, you
                                                                                          may maintain the daily
                                                                                          average pressure drop
                                                                                          above the limit
                                                                                          established during the
                                                                                          performance test (not
                                                                                          applicable to a non-
                                                                                          venturi wet scrubber
                                                                                          of the jet-ejector
                                                                                          design).
                                       c. Bag leak detection    Fabric filter..........  See item 2.e of this
                                        (BLD) system.                                     table.

[[Page 164]]

 
10. During periods of startup,         Any....................  Any....................  Meet the requirements
 shutdown, or hot standby.                                                                in Sec.
                                                                                          63.1564(a)(5).
----------------------------------------------------------------------------------------------------------------
\1\ If you use a jet ejector type wet scrubber or other type of wet scrubber equipped with atomizing spray
  nozzles, you can use the alternative in Sec. 63.1573(b), and comply with the daily inspections,
  recordkeeping, and repair provisions, instead of a continuous parameter monitoring system for pressure drop
  across the scrubber.


[80 FR 75280, Dec. 1, 2015, as amended at 81 FR 45244, July 13, 2016]



 Sec. Table 3 to Subpart UUU of Part 63--Continuous Monitoring Systems 
          for Metal HAP Emissions From Catalytic Cracking Units

    As stated in Sec. 63.1564(b)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                 If you use this
   For each new or existing      type of control     You shall install,
 catalytic cracking unit . . .   device for your   operate, and maintain
                                    vent . . .            a . . .
------------------------------------------------------------------------
1. Subject to the NSPS for PM   Any..............  Continuous opacity
 in 40 CFR 60.102 and not                           monitoring system to
 electing Sec. 60.100(e).                         measure and record
                                                    the opacity of
                                                    emissions from each
                                                    catalyst regenerator
                                                    vent.
2. Subject to NSPS for PM in    a. Cyclone.......  Continuous opacity
 40 CFR 60.102a(b)(1)(i); or    b. Electrostatic    monitoring system to
 in Sec. 60.102 and electing   precipitator.      measure and record
 Sec. 60.100(e); electing to                      the opacity of
 meet the PM per coke burn-off                      emissions from each
 limit.                                             catalyst regenerator
                                                    vent.
                                                   Continuous opacity
                                                    monitoring system to
                                                    measure and record
                                                    the opacity of
                                                    emissions from each
                                                    catalyst regenerator
                                                    vent; or continuous
                                                    parameter monitoring
                                                    systems to measure
                                                    and record the coke
                                                    burn-off rate or the
                                                    gas flow rate
                                                    entering or exiting
                                                    the control
                                                    device,\1\ the
                                                    voltage, current,
                                                    and secondary
                                                    current to the
                                                    control device.
                                c. Wet scrubber..  Continuous parameter
                                                    monitoring system to
                                                    measure and record
                                                    the pressure drop
                                                    across the
                                                    scrubber,\2\ the gas
                                                    flow rate entering
                                                    or exiting the
                                                    control device,\1\
                                                    and total liquid (or
                                                    scrubbing liquor)
                                                    flow rate to the
                                                    control device.
                                d. Fabric Filter.  Continuous bag leak
                                                    detection system to
                                                    measure and record
                                                    increases in
                                                    relative particulate
                                                    loading from each
                                                    catalyst regenerator
                                                    vent.
3. Subject to NSPS for PM in    Any..............  Continuous emission
 40 CFR 60.102a(b)(1)(i); or                        monitoring system to
 in Sec. 60.102 and electing                      measure and record
 Sec. 60.100(e); electing to                      the concentration of
 meet the PM concentration                          PM and oxygen from
 limit.                                             each catalyst
                                                    regenerator vent.
4. Subject to NSPS for PM in    Any..............  The applicable
 40 CFR 60.102a(b)(1)(ii)                           continuous
 electing to meet the PM per                        monitoring systems
 coke burn-off limit.                               in item 2 of this
                                                    table.
5. Subject to NSPS for PM in    Any..............  See item 3 of this
 40 CFR 60.102a(b)(1)(ii)                           table.
 electing to meet the PM
 concentration limit.
6. Option 1a: Elect NSPS        Any..............  See item 1 of this
 subpart J, PM per coke burn-                       table.
 off limit, not subject to the
 NSPS for PM in 40 CFR 60.102
 or 60.102a(b)(1).
7. Option 1b: Elect NSPS        Any..............  The applicable
 subpart Ja, PM per coke burn-                      continuous
 off limit, not subject to the                      monitoring systems
 NSPS for PM in 40 CFR 60.102                       in item 2 of this
 or 60.102a(b)(1).                                  table.
8. Option 1c: Elect NSPS        Any..............  See item 3 of this
 subpart Ja, PM concentration                       table.
 limit not subject to the NSPS
 for PM in 40 CFR 60.102 or
 60.102a(b)(1).
9. Option 2: PM per coke burn-  Any..............  The applicable
 off limit, not subject to the                      continuous
 NSPS for PM in 40 CFR 60.102                       monitoring systems
 or 60.102a(b)(1).                                  in item 2 of this
                                                    table.

[[Page 165]]

 
10. Option 3: Ni lb/hr limit    a. Cyclone.......  Continuous opacity
 not subject to the NSPS for                        monitoring system to
 PM in 40 CFR 60.102 or                             measure and record
 60.102a(b)(1).                                     the opacity of
                                                    emissions from each
                                                    catalyst regenerator
                                                    vent and continuous
                                                    parameter monitoring
                                                    system to measure
                                                    and record the gas
                                                    flow rate entering
                                                    or exiting the
                                                    control device.\1\
                                b. Electrostatic   Continuous opacity
                                 precipitator.      monitoring system to
                                                    measure and record
                                                    the opacity of
                                                    emissions from each
                                                    catalyst regenerator
                                                    vent and continuous
                                                    parameter monitoring
                                                    system to measure
                                                    and record the gas
                                                    flow rate entering
                                                    or exiting the
                                                    control device \1\;
                                                    or continuous
                                                    parameter monitoring
                                                    systems to measure
                                                    and record the coke
                                                    burn-off rate or the
                                                    gas flow rate
                                                    entering or exiting
                                                    the control device
                                                    \1\ and the voltage
                                                    and current (to
                                                    measure the total
                                                    power to the system)
                                                    and secondary
                                                    current to the
                                                    control device.
                                c. Wet scrubber..  Continuous parameter
                                                    monitoring system to
                                                    measure and record
                                                    the pressure drop
                                                    across the
                                                    scrubber,\2\ gas
                                                    flow rate entering
                                                    or exiting the
                                                    control device,\1\
                                                    and total liquid (or
                                                    scrubbing liquor)
                                                    flow rate to the
                                                    control device.
                                d. Fabric Filter.  Continuous bag leak
                                                    detection system to
                                                    measure and record
                                                    increases in
                                                    relative particulate
                                                    loading from each
                                                    catalyst regenerator
                                                    vent or the
                                                    monitoring systems
                                                    specified in item
                                                    10.a of this table.
11. Option 4: Ni per coke burn- a. Cyclone.......  Continuous opacity
 off limit not subject to the                       monitoring system to
 NSPS for PM in 40 CFR 60.102                       measure and record
 or 60.102a(b)(1).                                  the opacity of
                                                    emissions from each
                                                    catalyst regenerator
                                                    vent and continuous
                                                    parameter monitoring
                                                    system to measure
                                                    and record the coke
                                                    burn-off rate and
                                                    the gas flow rate
                                                    entering or exiting
                                                    the control
                                                    device.\1\
                                b. Electrostatic   Continuous opacity
                                 precipitator.      monitoring system to
                                                    measure and record
                                                    the opacity of
                                                    emissions from each
                                                    catalyst regenerator
                                                    vent and continuous
                                                    parameter monitoring
                                                    system to measure
                                                    and record the coke
                                                    burn-off rate and
                                                    the gas flow rate
                                                    entering or exiting
                                                    the control device
                                                    \1\; or continuous
                                                    parameter monitoring
                                                    systems to measure
                                                    and record the coke
                                                    burn-off rate or the
                                                    gas flow rate
                                                    entering or exiting
                                                    the control device
                                                    \1\ and voltage and
                                                    current (to measure
                                                    the total power to
                                                    the system) and
                                                    secondary current to
                                                    the control device.
                                c. Wet scrubber..  Continuous parameter
                                                    monitoring system to
                                                    measure and record
                                                    the pressure drop
                                                    across the
                                                    scrubber,\2\ gas
                                                    flow rate entering
                                                    or exiting the
                                                    control device,\1\
                                                    and total liquid (or
                                                    scrubbing liquor)
                                                    flow rate to the
                                                    control device.
                                d. Fabric Filter.  Continuous bag leak
                                                    detection system to
                                                    measure and record
                                                    increases in
                                                    relative particulate
                                                    loading from each
                                                    catalyst regenerator
                                                    vent or the
                                                    monitoring systems
                                                    specified in item
                                                    11.a of this table.
12. Electing to comply with     Any..............  Continuous parameter
 the operating limits in Sec. monitoring system to
  63.1564(a)(5)(ii) during                          measure and record
 periods of startup, shutdown,                      the gas flow rate
 or hot standby.                                    exiting the catalyst
                                                    regenerator.\1\
------------------------------------------------------------------------
\1\ If applicable, you can use the alternative in Sec. 63.1573(a)(1)
  instead of a continuous parameter monitoring system for gas flow rate.
\2\ If you use a jet ejector type wet scrubber or other type of wet
  scrubber equipped with atomizing spray nozzles, you can use the
  alternative in Sec. 63.1573(b) instead of a continuous parameter
  monitoring system for pressure drop across the scrubber.


[80 FR 75283, Dec. 1, 2015, as amended at 81 FR 45244, July 13, 2016; 83 
FR 60725, Nov. 26, 2018]



  Sec. Table 4 to Subpart UUU of Part 63--Requirements for Performance 
       Tests for Metal HAP Emissions From Catalytic Cracking Units

    As stated in Sec. Sec. 63.1564(b)(2) and 63.1571(a)(5), you shall 
meet each requirement in the following table that applies to you.

[[Page 166]]



----------------------------------------------------------------------------------------------------------------
For each new or existing catalytic
cracking unit catalyst regenerator      You must . . .             Using . . .             According to these
            vent . . .                                                                     requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Any............................  a. Select sampling     Method 1 or 1A in appendix  Sampling sites must be
                                     port's location and    A-1 to part 60 of this      located at the outlet of
                                     the number of          chapter.                    the control device or
                                     traverse ports.                                    the outlet of the
                                                                                        regenerator, as
                                                                                        applicable, and prior to
                                                                                        any releases to the
                                                                                        atmosphere.
                                    b. Determine velocity  Method 2, 2A, 2C, 2D, or
                                     and volumetric flow    2F in appendix A-1 to
                                     rate.                  part 60 of this chapter,
                                                            or Method 2G in appendix
                                                            A-2 to part 60 of this
                                                            chapter, as applicable.
                                    c. Conduct gas         Method 3, 3A, or 3B in
                                     molecular weight       appendix A-2 to part 60
                                     analysis.              of this chapter, as
                                                            applicable.
                                    d. Measure moisture    Method 4 in appendix A-3
                                     content of the stack   to part 60 of this
                                     gas.                   chapter.
                                    e. If you use an
                                     electrostatic
                                     precipitator, record
                                     the total number of
                                     fields in the
                                     control system and
                                     how many operated
                                     during the
                                     applicable
                                     performance test.
                                    f. If you use a wet
                                     scrubber, record the
                                     total amount (rate)
                                     of water (or
                                     scrubbing liquid)
                                     and the amount
                                     (rate) of make-up
                                     liquid to the
                                     scrubber during each
                                     test run.
2. Subject to the NSPS for PM in    a. Measure PM          Method 5, 5B, or 5F (40     You must maintain a
 40 CFR 60.102 and not elect Sec. emissions.             CFR part 60, appendix A-    sampling rate of at
  60.100(e).                                                3) to determine PM          least 0.15 dry standard
                                                            emissions and associated    cubic meters per minute
                                                            moisture content for        (dscm/min) (0.53 dry
                                                            units without wet           standard cubic feet per
                                                            scrubbers. Method 5 or 5B   minute (dscf/min)).
                                                            (40 CFR part 60, appendix
                                                            A-3) to determine PM
                                                            emissions and associated
                                                            moisture content for unit
                                                            with wet scrubber.
                                    b. Compute coke burn-  Equations 1, 2, and 3 of
                                     off rate and PM        Sec. 63.1564 (if
                                     emission rate (lb/     applicable).
                                     1,000 lb of coke
                                     burn-off).
                                    c. Measure opacity of  Continuous opacity          You must collect opacity
                                     emissions.             monitoring system.          monitoring data every 10
                                                                                        seconds during the
                                                                                        entire period of the
                                                                                        Method 5, 5B, or 5F
                                                                                        performance test and
                                                                                        reduce the data to 6-
                                                                                        minute averages.
3. Subject to the NSPS for PM in    a. Measure PM          Method 5, 5B, or 5F (40     You must maintain a
 40 CFR 60.102a(b)(1) or elect       emissions.             CFR part 60, appendix A-    sampling rate of at
 Sec. 60.100(e), electing the PM                          3) to determine PM          least 0.15 dscm/min
 for coke burn-off limit.                                   emissions and associated    (0.53 dscf/min).
                                                            moisture content for
                                                            units without wet
                                                            scrubbers. Method 5 or 5B
                                                            (40 CFR part 60, appendix
                                                            A-3) to determine PM
                                                            emissions and associated
                                                            moisture content for unit
                                                            with wet scrubber.
                                    b. Compute coke burn-  Equations 1, 2, and 3 of
                                     off rate and PM        Sec. 63.1564 (if
                                     emission rate (lb/     applicable).
                                     1,000 lb of coke
                                     burn-off).

[[Page 167]]

 
                                    c. Establish site-     Continuous opacity          If you elect to comply
                                     specific limit if      monitoring system.          with the site-specific
                                     you use a COMS.                                    opacity limit in Sec.
                                                                                        63.1564(b)(4)(i), you
                                                                                        must collect opacity
                                                                                        monitoring data every 10
                                                                                        seconds during the
                                                                                        entire period of the
                                                                                        Method 5, 5B, or 5F
                                                                                        performance test. For
                                                                                        site specific opacity
                                                                                        monitoring, reduce the
                                                                                        data to 6-minute
                                                                                        averages; determine and
                                                                                        record the average
                                                                                        opacity for each test
                                                                                        run; and compute the
                                                                                        site-specific opacity
                                                                                        limit using Equation 4
                                                                                        of Sec. 63.1564.
4. Subject to the NSPS for PM in    a. Measure PM          Method 5, 5B, or 5F (40     You must maintain a
 40 CFR 60.102a(b)(1) or elect       emissions.             CFR part 60, appendix A-    sampling rate of at
 Sec. 60.100(e).                                          3) to determine PM          least 0.15 dscm/min
                                                            emissions and associated    (0.53 dscf/min).
                                                            moisture content for
                                                            units without wet
                                                            scrubbers. Method 5 or 5B
                                                            (40 CFR part 60, appendix
                                                            A-3) to determine PM
                                                            emissions and associated
                                                            moisture content for unit
                                                            with wet scrubber.
5. Option 1a: Elect NSPS subpart J  See item 2 of this
 requirements for PM per coke burn-  table.
 off limit, not subject to the
 NSPS for PM in 40 CFR 60.102 or
 60.102a(b)(1).
6. Option 1b: Elect NSPS subpart    See item 3 of this
 Ja requirements for PM per coke     table.
 burn-off limit, not subject to
 the NSPS for PM in 40 CFR 60.102
 or 60.102a(b)(1).
7. Option 1c: Elect NSPS            See item 4 of this
 requirements for PM                 table.
 concentration, not subject to the
 NSPS for PM in 40 CFR 60.102 or
 60.102a(b)(1).
8. Option 2: PM per coke burn-off   See item 3 of this
 limit, not subject to the NSPS      table.
 for PM in 40 CFR 60.102 or
 60.102a(b)(1).
9. Option 3: Ni lb/hr limit, not    a. Measure             Method 29 (40 CFR part 60,
 subject to the NSPS for PM in 40    concentration of Ni.   appendix A-8) Equation 5
 CFR 60.102 or 60.102a(b)(1).       b. Compute Ni           of Sec. 63.1564.
                                     emission rate (lb/
                                     hr).
                                    c. Determine the       XRF procedure in appendix   You must obtain 1 sample
                                     equilibrium catalyst   A to this subpart; \1\ or   for each of the 3 test
                                     Ni concentration.      EPA Method 6010B or 6020    runs; determine and
                                                            or EPA Method 7520 or       record the equilibrium
                                                            7521 in SW-8462; or an      catalyst Ni
                                                            alternative to the SW-846   concentration for each
                                                            method satisfactory to      of the 3 samples; and
                                                            the Administrator.          you may adjust the
                                                                                        laboratory results to
                                                                                        the maximum value using
                                                                                        Equation 1 of Sec.
                                                                                        63.1571, if applicable.

[[Page 168]]

 
                                    d. If you use a        i. Equations 6 and 7 of     (1) You must collect
                                     continuous opacity     Sec. 63.1564 using data   opacity monitoring data
                                     monitoring system,     from continuous opacity     every 10 seconds during
                                     establish your site-   monitoring system, gas      the entire period of the
                                     specific Ni            flow rate, results of       initial Ni performance
                                     operating limit.       equilibrium catalyst Ni     test; reduce the data to
                                                            concentration analysis,     6-minute averages; and
                                                            and Ni emission rate from   determine and record the
                                                            Method 29 test.             average opacity from all
                                                                                        the 6-minute averages
                                                                                        for each test run.
                                                                                       (2) You must collect gas
                                                                                        flow rate monitoring
                                                                                        data every 15 minutes
                                                                                        during the entire period
                                                                                        of the initial Ni
                                                                                        performance test;
                                                                                        measure the gas flow as
                                                                                        near as practical to the
                                                                                        continuous opacity
                                                                                        monitoring system; and
                                                                                        determine and record the
                                                                                        hourly average actual
                                                                                        gas flow rate for each
                                                                                        test run.
10. Option 4: Ni per coke burn-off  a. Measure             Method 29 (40 CFR part 60,
 limit, not subject to the NSPS      concentration of Ni.   appendix A-8). Equations
 for PM in 40 CFR 60.102 or         b. Compute Ni           1 and 8 of Sec. 63.1564.
 60.102a(b)(1).                      emission rate (lb/
                                     1,000 lb of coke
                                     burn-off).
                                    c. Determine the       See item 9.c. of this       You must obtain 1 sample
                                     equilibrium catalyst   table.                      for each of the 3 test
                                     Ni concentration.                                  runs; determine and
                                                                                        record the equilibrium
                                                                                        catalyst Ni
                                                                                        concentration for each
                                                                                        of the 3 samples; and
                                                                                        you may adjust the
                                                                                        laboratory results to
                                                                                        the maximum value using
                                                                                        Equation 2 of Sec.
                                                                                        63.1571, if applicable.
                                    d. If you use a        i. Equations 9 and 10 of    (1) You must collect
                                     continuous opacity     Sec. 63.1564 with data    opacity monitoring data
                                     monitoring system,     from continuous opacity     every 10 seconds during
                                     establish your site-   monitoring system, coke     the entire period of the
                                     specific Ni            burn-off rate, results of   initial Ni performance
                                     operating limit.       equilibrium catalyst Ni     test; reduce the data to
                                                            concentration analysis,     6-minute averages; and
                                                            and Ni emission rate from   determine and record the
                                                            Method 29 test.             average opacity from all
                                                                                        the 6-minute averages
                                                                                        for each test run.
                                                                                       (2) You must collect gas
                                                                                        flow rate monitoring
                                                                                        data every 15 minutes
                                                                                        during the entire period
                                                                                        of the initial Ni
                                                                                        performance test;
                                                                                        measure the gas flow
                                                                                        rate as near as
                                                                                        practical to the
                                                                                        continuous opacity
                                                                                        monitoring system; and
                                                                                        determine and record the
                                                                                        hourly average actual
                                                                                        gas flow rate for each
                                                                                        test run.
                                    e. Record the
                                     catalyst addition
                                     rate for each test
                                     and schedule for the
                                     10-day period prior
                                     to the test.
11. If you elect item 5 Option 1b   a. Establish each      Data from the continuous
 in Table 1, item 7 Option 2 in      operating limit in     parameter monitoring
 Table 1, item 8 Option 3 in Table   Table 2 of this        systems and applicable
 1, or item 9 Option 4 in Table 1    subpart that applies   performance test methods.
 of this subpart and you use         to you.
 continuous parameter monitoring
 systems.
                                    b. Electrostatic       i. Data from the            (1) You must collect gas
                                     precipitator or wet    continuous parameter        flow rate monitoring
                                     scrubber: Gas flow     monitoring systems and      data every 15 minutes
                                     rate.                  applicable performance      during the entire period
                                                            test methods.               of the initial
                                                                                        performance test;
                                                                                        determine and record the
                                                                                        average gas flow rate
                                                                                        for each test run.

[[Page 169]]

 
                                                                                       (2) You must determine
                                                                                        and record the 3-hr
                                                                                        average gas flow rate
                                                                                        from the test runs.
                                                                                        Alternatively, before
                                                                                        August 1, 2017, you may
                                                                                        determine and record the
                                                                                        maximum hourly average
                                                                                        gas flow rate from all
                                                                                        the readings.
                                    c. Electrostatic       i. Data from the            (1) You must collect
                                     precipitator: Total    continuous parameter        voltage, current, and
                                     power (voltage and     monitoring systems and      secondary current
                                     current) and           applicable performance      monitoring data every 15
                                     secondary current.     test methods.               minutes during the
                                                                                        entire period of the
                                                                                        performance test; and
                                                                                        determine and record the
                                                                                        average voltage,
                                                                                        current, and secondary
                                                                                        current for each test
                                                                                        run. Alternatively,
                                                                                        before August 1, 2017,
                                                                                        you may collect voltage
                                                                                        and secondary current
                                                                                        (or total power input)
                                                                                        monitoring data every 15
                                                                                        minutes during the
                                                                                        entire period of the
                                                                                        initial performance
                                                                                        test.
                                                                                       (2) You must determine
                                                                                        and record the 3-hr
                                                                                        average total power to
                                                                                        the system for the test
                                                                                        runs and the 3-hr
                                                                                        average secondary
                                                                                        current from the test
                                                                                        runs. Alternatively,
                                                                                        before August 1, 2017,
                                                                                        you may determine and
                                                                                        record the minimum
                                                                                        hourly average voltage
                                                                                        and secondary current
                                                                                        (or total power input)
                                                                                        from all the readings.
                                    d. Electrostatic       Results of analysis for     You must determine and
                                     precipitator or wet    equilibrium catalyst Ni     record the average
                                     scrubber:              concentration.              equilibrium catalyst Ni
                                     Equilibrium catalyst                               concentration for the 3
                                     Ni concentration.                                  runs based on the
                                                                                        laboratory results. You
                                                                                        may adjust the value
                                                                                        using Equation 1 or 2 of
                                                                                        Sec. 63.1571 as
                                                                                        applicable.
                                    e. Wet scrubber:       i. Data from the            (1) You must collect
                                     Pressure drop (not     continuous parameter        pressure drop monitoring
                                     applicable to non-     monitoring systems and      data every 15 minutes
                                     venturi scrubber of    applicable performance      during the entire period
                                     jet ejector design).   test methods.               of the initial
                                                                                        performance test; and
                                                                                        determine and record the
                                                                                        average pressure drop
                                                                                        for each test run.
                                                                                       (2) You must determine
                                                                                        and record the 3-hr
                                                                                        average pressure drop
                                                                                        from the test runs.
                                                                                        Alternatively, before
                                                                                        August 1, 2017, you may
                                                                                        determine and record the
                                                                                        minimum hourly average
                                                                                        pressure drop from all
                                                                                        the readings.
                                    f. Wet scrubber:       i. Data from the            (1) You must collect gas
                                     Liquid-to-gas ratio.   continuous parameter        flow rate and total
                                                            monitoring systems and      water (or scrubbing
                                                            applicable performance      liquid) flow rate
                                                            test methods.               monitoring data every 15
                                                                                        minutes during the
                                                                                        entire period of the
                                                                                        initial performance
                                                                                        test; determine and
                                                                                        record the average gas
                                                                                        flow rate for each test
                                                                                        run; and determine the
                                                                                        average total water (or
                                                                                        scrubbing liquid) flow
                                                                                        for each test run.
                                                                                       (2) You must determine
                                                                                        and record the hourly
                                                                                        average liquid-to-gas
                                                                                        ratio from the test
                                                                                        runs. Alternatively,
                                                                                        before August 1, 2017,
                                                                                        you may determine and
                                                                                        record the hourly
                                                                                        average gas flow rate
                                                                                        and total water (or
                                                                                        scrubbing liquid) flow
                                                                                        rate from all the
                                                                                        readings.

[[Page 170]]

 
                                                                                       (3) You must determine
                                                                                        and record the 3-hr
                                                                                        average liquid-to-gas
                                                                                        ratio. Alternatively,
                                                                                        before August 1, 2017,
                                                                                        you may determine and
                                                                                        record the minimum
                                                                                        liquid-to-gas ratio.
                                    g. Alternative         i. Data from the            (1) You must collect air
                                     procedure for gas      continuous parameter        flow rate monitoring
                                     flow rate.             monitoring systems and      data or determine the
                                                            applicable performance      air flow rate using
                                                            test methods.               control room
                                                                                        instrumentation every 15
                                                                                        minutes during the
                                                                                        entire period of the
                                                                                        initial performance
                                                                                        test.
                                                                                       (2) You must determine
                                                                                        and record the 3-hr
                                                                                        average rate of all the
                                                                                        readings from the test
                                                                                        runs. Alternatively,
                                                                                        before August 1, 2017,
                                                                                        you may determine and
                                                                                        record the hourly
                                                                                        average rate of all the
                                                                                        readings.
                                                                                       (3) You must determine
                                                                                        and record the maximum
                                                                                        gas flow rate using
                                                                                        Equation 1 of Sec.
                                                                                        63.1573.
----------------------------------------------------------------------------------------------------------------
\1\ Determination of Metal Concentration on Catalyst Particles (Instrumental Analyzer Procedure).
\2\ EPA Method 6010B, Inductively Coupled Plasma-Atomic Emission Spectrometry, EPA Method 6020, Inductively
  Coupled Plasma-Mass Spectrometry, EPA Method 7520, Nickel Atomic Absorption, Direct Aspiration, and EPA Method
  7521, Nickel Atomic Absorption, Direct Aspiration are included in ``Test Methods for Evaluating Solid Waste,
  Physical/Chemical Methods,'' EPA Publication SW-846, Revision 5 (April 1998). The SW-846 and Updates (document
  number 955-001-00000-1) are available for purchase from the Superintendent of Documents, U.S. Government
  Publishing Office, Washington, DC 20402, (202) 512-1800; and from the National Technical Information Services
  (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650. Copies may be inspected at the EPA Docket
  Center, William Jefferson Clinton (WJC) West Building (Air Docket), Room 3334, 1301 Constitution Ave. NW,
  Washington, DC; or at the Office of the Federal Register, 800 North Capitol Street NW, Suite 700, Washington,
  DC.


[85 FR 6083, Feb. 4, 2020]



 Sec. Table 5 to Subpart UUU of Part 63--Initial Compliance With Metal 
            HAP Emission Limits for Catalytic Cracking Units

    As stated in Sec. 63.1564(b)(5), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
   For each new and existing    For the following
    catalytic cracking unit      emission limit .  You have demonstrated
 catalyst regenerator vent . .         . .         initial compliance if
               .                                           . . .
------------------------------------------------------------------------
1. Subject to the NSPS for PM   PM emissions must  You have already
 in 40 CFR 60.102 and not        not exceed 1.0 g/  conducted a
 electing Sec. 60.100(e).      kg (1.0 lb/1,000   performance test to
                                 lb) of coke burn-  demonstrate initial
                                 off, and the       compliance with the
                                 opacity of         NSPS and the
                                 emissions must     measured PM emission
                                 not exceed 30      rate is less than or
                                 percent, except    equal to 1.0 g/kg
                                 for one 6-minute   (1.0 lb/1,000 lb) of
                                 average opacity    coke burn-off in the
                                 reading in any 1-  catalyst
                                 hour period.       regenerator. As part
                                 Before August 1,   of the Notification
                                 2017, if the       of Compliance
                                 discharged gases   Status, you must
                                 pass through an    certify that your
                                 incinerator or     vent meets the PM
                                 waste heat         limit. You are not
                                 boiler in which    required to do
                                 you burn           another performance
                                 auxiliary or       test to demonstrate
                                 supplemental       initial compliance.
                                 liquid or solid    You have already
                                 fossil fuel, the   conducted a
                                 incremental rate   performance test to
                                 of PM must not     demonstrate initial
                                 exceed 43.0 g/GJ   compliance with the
                                 or 0.10 lb/        NSPS and the average
                                 million Btu of     hourly opacity is no
                                 heat input         more than 30
                                 attributable to    percent, except that
                                 the liquid or      one 6-minute average
                                 solid fossil       in any 1-hour period
                                 fuel; and the      can exceed 30
                                 opacity of         percent. As part of
                                 emissions must     the Notification of
                                 not exceed 30      Compliance Status,
                                 percent, except    you must certify
                                 for one 6-minute   that your vent meets
                                 average opacity    the 30 percent
                                 reading in any 1-  opacity limit. As
                                 hour period.       part of your
                                                    Notification of
                                                    Compliance Status,
                                                    you certify that
                                                    your continuous
                                                    opacity monitoring
                                                    system meets the
                                                    requirements in Sec.
                                                      63.1572.

[[Page 171]]

 
2. Subject to NSPS for PM in    PM emissions must  You have already
 40 CFR 60.102a(b)(1)(i); or     not exceed 1.0 g/  conducted a
 in Sec. 60.102 and electing   kg (1.0 lb PM/     performance test to
 Sec. 60.100(e) and electing   1,000 lb) of       demonstrate initial
 to meet the PM per coke burn-   coke burn-off.     compliance with the
 off limit.                                         NSPS and the
                                                    measured PM emission
                                                    rate is less than or
                                                    equal to 1.0 g/kg
                                                    (1.0 lb/1,000 lb) of
                                                    coke burn-off in the
                                                    catalyst
                                                    regenerator. As part
                                                    of the Notification
                                                    of Compliance
                                                    Status, you must
                                                    certify that your
                                                    vent meets the PM
                                                    limit. You are not
                                                    required to do
                                                    another performance
                                                    test to demonstrate
                                                    initial compliance.
                                                    As part of your
                                                    Notification of
                                                    Compliance Status,
                                                    you certify that
                                                    your BLD; CO2, O2,
                                                    or CO monitor; or
                                                    continuous opacity
                                                    monitoring system
                                                    meets the
                                                    requirements in Sec.
                                                      63.1572.
3. Subject to NSPS for PM in    PM emissions must  You have already
 40 CFR 60.102a(b)(1)(ii),       not exceed 0.5 g/  conducted a
 electing to meet the PM per     kg (0.5 lb PM/     performance test to
 coke burn-off limit.            1,000 lb) of       demonstrate initial
                                 coke burn-off).    compliance with the
                                                    NSPS and the
                                                    measured PM emission
                                                    rate is less than or
                                                    equal to 0.5 g/kg
                                                    (0.5 lb/1,000 lb) of
                                                    coke burn-off in the
                                                    catalyst
                                                    regenerator. As part
                                                    of the Notification
                                                    of Compliance
                                                    Status, you must
                                                    certify that your
                                                    vent meets the PM
                                                    limit. You are not
                                                    required to do
                                                    another performance
                                                    test to demonstrate
                                                    initial compliance.
                                                    As part of your
                                                    Notification of
                                                    Compliance Status,
                                                    you certify that
                                                    your BLD; CO2, O2,
                                                    or CO monitor; or
                                                    continuous opacity
                                                    monitoring system
                                                    meets the
                                                    requirements in Sec.
                                                      63.1572.
4. Subject to NSPS for PM in    If a PM CEMS is    You have already
 40 CFR 60.102a(b)(1)(i),        used, 0.040        conducted a
 electing to meet the PM         grain per dry      performance test to
 concentration limit.            standard cubic     demonstrate initial
                                 feet (gr/dscf)     compliance with the
                                 corrected to 0     NSPS and the
                                 percent excess     measured PM
                                 air.               concentration is
                                                    less than or equal
                                                    to 0.040 grain per
                                                    dry standard cubic
                                                    feet (gr/dscf)
                                                    corrected to 0
                                                    percent excess air.
                                                    As part of the
                                                    Notification of
                                                    Compliance Status,
                                                    you must certify
                                                    that your vent meets
                                                    the PM limit. You
                                                    are not required to
                                                    do another
                                                    performance test to
                                                    demonstrate initial
                                                    compliance. As part
                                                    of your Notification
                                                    of Compliance
                                                    Status, you certify
                                                    that your PM CEMS
                                                    meets the
                                                    requirements in Sec.
                                                      63.1572.
5. Subject to NSPS for PM in    If a PM CEMS is    You have already
 40 CFR 60.102a(b)(1)(ii),       used, 0.020 gr/    conducted a
 electing to meet the PM         dscf corrected     performance test to
 concentration limit.            to 0 percent       demonstrate initial
                                 excess air.        compliance with the
                                                    NSPS and the
                                                    measured PM
                                                    concentration is
                                                    less than or equal
                                                    to 0.020 gr/dscf
                                                    corrected to 0
                                                    percent excess air.
                                                    As part of the
                                                    Notification of
                                                    Compliance Status,
                                                    you must certify
                                                    that your vent meets
                                                    the PM limit. You
                                                    are not required to
                                                    do another
                                                    performance test to
                                                    demonstrate initial
                                                    compliance. As part
                                                    of your Notification
                                                    of Compliance
                                                    Status, you certify
                                                    that your PM CEMS
                                                    meets the
                                                    requirements in Sec.
                                                      63.1572.
6. Option 1a: Elect NSPS        PM emissions must  The average PM
 subpart J requirements for PM   not exceed 1.0     emission rate,
 per coke burn-off limit, not    gram per           measured using EPA
 subject to the NSPS for PM in   kilogram (g/kg)    Method 5, 5B, or 5F
 40 CFR 60.102 or                (1.0 lb/1,000      (for a unit without
 60.102a(b)(1).                  lb) of coke burn-  a wet scrubber) or 5
                                 off, and the       or 5B (for a unit
                                 opacity of         with a wet scrubber)
                                 emissions must     (40 CFR part 60,
                                 not exceed 30      appendix A-3), over
                                 percent, except    the period of the
                                 for one 6-minute   initial performance
                                 average opacity    test, is no higher
                                 reading in any 1-  than 1.0 g/kg coke
                                 hour period.       burn-off (1.0 lb/
                                 Before August 1,   1,000 lb) in the
                                 2017, PM           catalyst
                                 emission must      regenerator. The PM
                                 not exceed 1.0 g/  emission rate is
                                 kg (1.0 lb/1,000   calculated using
                                 lb) of coke burn-  Equations 1, 2, and
                                 off in the         3 of Sec. 63.1564.
                                 catalyst           As part of the
                                 regenerator; if    Notification of
                                 the discharged     Compliance Status,
                                 gases pass         you must certify
                                 through an         that your vent meets
                                 incinerator or     the PM limit. The
                                 waste heat         average hourly
                                 boiler in which    opacity is no more
                                 you burn           than 30 percent,
                                 auxiliary or       except that one 6-
                                 supplemental       minute average in
                                 liquid or solid    any 1-hour period
                                 fossil fuel, the   can exceed 30
                                 incremental rate   percent. As part of
                                 of PM must not     the Notification of
                                 exceed 43.0 g/GJ   Compliance Status,
                                 (0.10 lb/million   you must certify
                                 Btu) of heat       that your vent meets
                                 input              the 30 percent
                                 attributable to    opacity limit. If
                                 the liquid or      you use a continuous
                                 solid fossil       opacity monitoring
                                 fuel; and the      system, your
                                 opacity of         performance
                                 emissions must     evaluation shows the
                                 not exceed 30      system meets the
                                 percent, except    applicable
                                 for one 6-minute   requirements in Sec.
                                 average opacity      63.1572.
                                 reading in any 1-
                                 hour period.

[[Page 172]]

 
7. Option 1b: Elect NSPS        PM emissions must  The average PM
 subpart Ja requirements for     not exceed 1.0 g/  emission rate,
 PM per coke burn-off limit,     kg (1.0 lb/1,000   measured using EPA
 not subject to the NSPS for     lb) of coke burn-  Method 5, 5B, or 5F
 PM in 40 CFR 60.102 or          off.               (for a unit without
 60.102a(b)(1).                                     a wet scrubber) or 5
                                                    or 5B (for a unit
                                                    with a wet scrubber)
                                                    (40 CFR part 60,
                                                    appendix A-3), over
                                                    the period of the
                                                    initial performance
                                                    test, is no higher
                                                    than 1.0 g/kg coke
                                                    burn-off (1.0 lb/
                                                    1,000 lb) in the
                                                    catalyst
                                                    regenerator. The PM
                                                    emission rate is
                                                    calculated using
                                                    Equations 1, 2, and
                                                    3 of Sec. 63.1564.
                                                    If you use a BLD;
                                                    CO2, O2, CO monitor;
                                                    or continuous
                                                    opacity monitoring
                                                    system, your
                                                    performance
                                                    evaluation shows the
                                                    system meets the
                                                    applicable
                                                    requirements in Sec.
                                                      63.1572.
8. Option 1c: Elect NSPS        PM emissions must  The average PM
 subpart Ja requirements for     not exceed 0.040   concentration,
 PM concentration limit, not     gr/dscf            measured using EPA
 subject to the NSPS for PM in   corrected to 0     Method 5, 5B, or 5F
 40 CFR 60.102 or                percent excess     (for a unit without
 60.102a(b)(1).                  air.               a wet scrubber) or
                                                    Method 5 or 5B (for
                                                    a unit with a wet
                                                    scrubber) (40 CFR
                                                    part 60, appendix A-
                                                    3), over the period
                                                    of the initial
                                                    performance test, is
                                                    less than or equal
                                                    to 0.040 gr/dscf
                                                    corrected to 0
                                                    percent excess air.
                                                    Your performance
                                                    evaluation shows
                                                    your PM CEMS meets
                                                    the applicable
                                                    requirements in Sec.
                                                      63.1572.
9. Option 2: PM per coke burn-  PM emissions must  The average PM
 off limit, not subject to the   not exceed 1.0 g/  emission rate,
 NSPS for PM in 40 CFR 60.102    kg (1.0 lb/1,000   measured using EPA
 or 60.102a(b)(1).               lb) of coke burn-  Method 5, 5B, or 5F
                                 off.               (for a unit without
                                                    a wet scrubber) or 5
                                                    or 5B (for a unit
                                                    with a wet scrubber)
                                                    (40 CFR part 60,
                                                    appendix A-3), over
                                                    the period of the
                                                    initial performance
                                                    test, is no higher
                                                    than 1.0 g/kg coke
                                                    burn-off (1.0 lb/
                                                    1,000 lb) in the
                                                    catalyst
                                                    regenerator. The PM
                                                    emission rate is
                                                    calculated using
                                                    Equations 1, 2, and
                                                    3 of Sec. 63.1564.
                                                    If you use a BLD;
                                                    CO2, O2, CO monitor;
                                                    or continuous
                                                    opacity monitoring
                                                    system, your
                                                    performance
                                                    evaluation shows the
                                                    system meets the
                                                    applicable
                                                    requirements in Sec.
                                                      63.1572.
10. Option 3: Ni lb/hr limit,   Nickel (Ni)        The average Ni
 not subject to the NSPS for     emissions from     emission rate,
 PM in 40 CFR 60.102 or          your catalyst      measured using
 60.102a(b)(1).                  regenerator vent   Method 29 (40 CFR
                                 must not exceed    part 60, appendix A-
                                 13,000 mg/hr       8) over the period
                                 (0.029 lb/hr).     of the initial
                                                    performance test, is
                                                    not more than 13,000
                                                    mg/hr (0.029 lb/hr).
                                                    The Ni emission rate
                                                    is calculated using
                                                    Equation 5 of Sec.
                                                    63.1564; and if you
                                                    use a BLD; CO2, O2,
                                                    or CO monitor; or
                                                    continuous opacity
                                                    monitoring system,
                                                    your performance
                                                    evaluation shows the
                                                    system meets the
                                                    applicable
                                                    requirements in Sec.
                                                      63.1572.
11. Option 4: Ni per coke burn- Ni emissions from  The average Ni
 off limit not subject to the    your catalyst      emission rate,
 NSPS for PM.                    regenerator vent   measured using
                                 must not exceed    Method 29 (40 CFR
                                 1.0 mg/kg (0.001   part 60, appendix A-
                                 lb/1,000 lb) of    8) over the period
                                 coke burn-off in   of the initial
                                 the catalyst       performance test, is
                                 regenerator.       not more than 1.0 mg/
                                                    kg (0.001 lb/1,000
                                                    lb) of coke burn-off
                                                    in the catalyst
                                                    regenerator. The Ni
                                                    emission rate is
                                                    calculated using
                                                    Equation 8 of Sec.
                                                    63.1564; and if you
                                                    use a BLD; CO2, O2,
                                                    or CO monitor; or
                                                    continuous opacity
                                                    monitoring system,
                                                    your performance
                                                    evaluation shows the
                                                    system meets the
                                                    applicable
                                                    requirements in Sec.
                                                      63.1572.
------------------------------------------------------------------------


[80 FR 75290, Dec. 1, 2015, as amended at 81 FR 45244, July 13, 2016; 83 
FR 60726, Nov. 26, 2018]



Sec. Table 6 to Subpart UUU of Part 63--Continuous Compliance With Metal 
            HAP Emission Limits for Catalytic Cracking Units

    As stated in Sec. 63.1564(c)(1), you shall meet each requirement in 
the following table that applies to you.

[[Page 173]]



------------------------------------------------------------------------
                                 Subject to this
                                  emission limit   You shall demonstrate
   For each new and existing    for your catalyst  continuous compliance
 catalytic cracking unit . . .   regenerator vent         by . . .
                                      . . .
------------------------------------------------------------------------
1. Subject to the NSPS for PM   a. PM emissions    i. Determining and
 in 40 CFR 60.102 and not        must not exceed    recording each day
 electing Sec. 60.100(e).      1.0 g/kg (1.0 lb/  the average coke
                                 1,000 lb) of       burn-off rate
                                 coke burn-off,     (thousands of
                                 and the opacity    kilograms per hour)
                                 of emissions       using Equation 1 in
                                 must not exceed    Sec. 63.1564 and
                                 30 percent,        the hours of
                                 except for one 6-  operation for each
                                 minute average     catalyst
                                 opacity reading    regenerator.
                                 in any 1-hour
                                 period. Before
                                 August 1, 2017,
                                 if the
                                 discharged gases
                                 pass through an
                                 incinerator or
                                 waste heat
                                 boiler in which
                                 you burn
                                 auxiliary or
                                 supplemental
                                 liquid or solid
                                 fossil fuel, the
                                 incremental rate
                                 of PM must not
                                 exceed 43.0 g/GJ
                                 (0.10 lb/million
                                 Btu) of heat
                                 input
                                 attributable to
                                 the liquid or
                                 solid fossil
                                 fuel; and the
                                 opacity of
                                 emissions must
                                 not exceed 30
                                 percent, except
                                 for one 6-minute
                                 average opacity
                                 reading in any 1-
                                 hour period.
                                                   ii. Conducting a
                                                    performance test
                                                    before August 1,
                                                    2017 or within 150
                                                    days of startup of a
                                                    new unit and
                                                    thereafter following
                                                    the testing
                                                    frequency in Sec.
                                                    63.1571(a)(5) as
                                                    applicable to your
                                                    unit.
                                                   iii. Collecting the
                                                    continuous opacity
                                                    monitoring data for
                                                    each catalyst
                                                    regenerator vent
                                                    according to Sec.
                                                    63.1572 and
                                                    maintaining each 6-
                                                    minute average at or
                                                    below 30 percent,
                                                    except that one 6-
                                                    minute average
                                                    during a 1-hour
                                                    period can exceed 30
                                                    percent.
                                                   iv. Before August 1,
                                                    2017, if applicable,
                                                    determining and
                                                    recording each day
                                                    the rate of
                                                    combustion of liquid
                                                    or solid fossil
                                                    fuels (liters/hour
                                                    or kilograms/hour)
                                                    and the hours of
                                                    operation during
                                                    which liquid or
                                                    solid fossil-fuels
                                                    are combusted in the
                                                    incinerator-waste
                                                    heat boiler; if
                                                    applicable,
                                                    maintaining the
                                                    incremental rate of
                                                    PM at or below 43 g/
                                                    GJ (0.10 lb/million
                                                    Btu) of heat input
                                                    attributable to the
                                                    solid or liquid
                                                    fossil fuel.
2. Subject to NSPS for PM in    PM emissions must  Determining and
 40 CFR 60.102a(b)(1)(i),        not exceed 1.0 g/  recording each day
 electing to meet the PM per     kg (1.0 lb PM/     the average coke
 coke burn-off limit.            1,000 lb) of       burn-off rate
                                 coke burn-off.     (thousands of
                                                    kilograms per hour)
                                                    using Equation 1 in
                                                    Sec. 63.1564 and
                                                    the hours of
                                                    operation for each
                                                    catalyst
                                                    regenerator;
                                                    maintaining PM
                                                    emission rate below
                                                    1.0 g/kg (1.0 lb PM/
                                                    1,000 lb) of coke
                                                    burn-off; and
                                                    conducting a
                                                    performance test
                                                    once every year.
3. Subject to NSPS for PM in    PM emissions must  Determining and
 40 CFR 60.102a(b)(1)(ii),       not exceed 0.5 g/  recording each day
 electing to meet the PM per     kg coke burn-off   the average coke
 coke burn-off limit.            (0.5 lb/1000 lb    burn-off rate
                                 coke burn-off).    (thousands of
                                                    kilograms per hour)
                                                    using Equation 1 in
                                                    Sec. 63.1564 and
                                                    the hours of
                                                    operation for each
                                                    catalyst
                                                    regenerator;
                                                    maintaining PM
                                                    emission rate below
                                                    0.5 g/kg (0.5 lb/
                                                    1,000 lb) of coke
                                                    burn-off; and
                                                    conducting a
                                                    performance test
                                                    once every year.
4. Subject to NSPS for PM in    If a PM CEMS is    Maintaining PM
 40 CFR 60.102a(b)(1)(i),        used, 0.040        concentration below
 electing to meet the PM         grain per dry      0.040 gr/dscf
 concentration limit.            standard cubic     corrected to 0
                                 feet (gr/dscf)     percent excess air.
                                 corrected to 0
                                 percent excess
                                 air.
5. Subject to NSPS for PM in    If a PM CEMS is    Maintaining PM
 40 CFR 60.102a(b)(1)(ii),       used, 0.020 gr/    concentration below
 electing to meet the PM         dscf corrected     0.020 gr/dscf
 concentration limit.            to 0 percent       corrected to 0
                                 excess air.        percent excess air.
6. Option 1a: Elect NSPS        See item 1 of      See item 1 of this
 subpart J requirements for PM   this table.        table.
 per coke burn-off limit, not
 subject to the NSPS for PM in
 40 CFR 60.102 or
 60.102a(b)(1).

[[Page 174]]

 
7. Option 1b: Elect NSPS        PM emissions must  See item 2 of this
 subpart Ja requirements for     not exceed 1.0 g/  table.
 PM per coke burn-off limit,     kg (1.0 lb PM/
 not subject to the NSPS for     1,000 lb) of
 PM in 40 CFR 60.102 or          coke burn-off.
 60.102a(b)(1).
8. Option 1c: Elect NSPS        PM emissions must  See item 4 of this
 subpart Ja requirements for     not exceed 0.040   table.
 PM concentration limit, not     gr/dscf
 subject to the NSPS for PM in   corrected to 0
 40 CFR 60.102 or                percent excess
 60.102a(b)(1).                  air.
9. Option 2: PM per coke burn-  PM emissions must  Determining and
 off limit, not subject to the   not exceed 1.0 g/  recording each day
 NSPS for PM in 40 CFR 60.102    kg (1.0 lb PM/     the average coke
 or 60.102a(b)(1).               1,000 lb) of       burn-off rate and
                                 coke burn-off.     the hours of
                                                    operation and the
                                                    hours of operation
                                                    for each catalyst
                                                    regenerator by
                                                    Equation 1 of Sec.
                                                    63.1564 (you can use
                                                    process data to
                                                    determine the
                                                    volumetric flow
                                                    rate); maintaining
                                                    PM emission rate
                                                    below 1.0 g/kg (1.0
                                                    lb PM/1,000 lb) of
                                                    coke burn-off; and
                                                    conducting a
                                                    performance test
                                                    before August 1,
                                                    2017 and thereafter
                                                    following the
                                                    testing frequency in
                                                    Sec. 63.1571(a)(5)
                                                    as applicable to
                                                    your unit.
10. Option 3: Ni lb/hr limit,   Ni emissions must  Maintaining Ni
 not subject to the NSPS for     not exceed         emission rate below
 PM in 40 CFR 60.102 or          13,000 mg/hr       13,000 mg/hr (0.029
 60.102a(b)(1).                  (0.029 lb/hr).     lb/hr); and
                                                    conducting a
                                                    performance test
                                                    before August 1,
                                                    2017 and thereafter
                                                    following the
                                                    testing frequency in
                                                    Sec. 63.1571(a)(5)
                                                    as applicable to
                                                    your unit.
11. Option 4: Ni per coke burn- Ni emissions must  Determining and
 off limit, not subject to the   not exceed 1.0     recording each day
 NSPS for PM in 40 CFR 60.102    mg/kg (0.001 lb/   the average coke
 or 60.102a(b)(1).               1,000 lb) of       burn-off rate
                                 coke burn-off in   (thousands of
                                 the catalyst       kilograms per hour)
                                 regenerator.       and the hours of
                                                    operation for each
                                                    catalyst regenerator
                                                    by Equation 1 of
                                                    Sec. 63.1564 (you
                                                    can use process data
                                                    to determine the
                                                    volumetric flow
                                                    rate); and
                                                    maintaining Ni
                                                    emission rate below
                                                    1.0 mg/kg (0.001 lb/
                                                    1,000 lb) of coke
                                                    burn-off in the
                                                    catalyst
                                                    regenerator; and
                                                    conducting a
                                                    performance test
                                                    before August 1,
                                                    2017 and thereafter
                                                    following the
                                                    testing frequency in
                                                    Sec. 63.1571(a)(5)
                                                    as applicable to
                                                    your unit.
------------------------------------------------------------------------


[80 FR 75292, Dec. 1, 2015, as amended at 83 FR 60726, Nov. 26, 2018]



   Sec. Table 7 to Subpart UUU of Part 63--Continuous Compliance With 
 Operating Limits for Metal HAP Emissions From Catalytic Cracking Units

    As stated in Sec. 63.1564(c)(1), you shall meet each requirement in 
the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                                                                          You shall demonstrate
  For each new or existing catalytic       If you use . . .        For this operating     continuous compliance
         cracking unit . . .                                          limit . . .                by . . .
----------------------------------------------------------------------------------------------------------------
1. Subject to NSPS for PM in 40 CFR    Continuous opacity       The 3-hour average       Collecting the
 60.102 and not electing Sec. monitoring system.       opacity of emissions     continuous opacity
 60.100(e).                                                      from your catalyst       monitoring data for
                                                                 regenerator vent must    each regenerator vent
                                                                 not exceed 20 percent.   according to Sec.
                                                                                          63.1572 and maintain
                                                                                          each 3-hour rolling
                                                                                          average opacity of
                                                                                          emissions no higher
                                                                                          than 20 percent.
2. Subject to NSPS for PM in 40 CFR    a. Continuous opacity    The average opacity      Collecting the hourly
 60.102a(b)(1); or 40 CFR 60.102 and    monitoring system,       must not exceed the      and 3-hr rolling
 elect Sec. 60.100(e), electing to    used for site-specific   opacity established      average opacity
 meet the PM per coke burn-off limit.   opacity limit--Cyclone   during the performance   monitoring data
                                        or electrostatic         test.                    according to Sec.
                                        precipitator.                                     63.1572; maintaining
                                                                                          the 3-hr rolling
                                                                                          average opacity at or
                                                                                          above the site-
                                                                                          specific limit
                                                                                          established during the
                                                                                          performance test.

[[Page 175]]

 
                                       b. Continuous            i. The average gas flow  Collecting the hourly
                                        parametric monitoring    rate entering or         and daily average coke
                                        systems--electrostatic   exiting the control      burn-off rate or
                                        precipitator.            device must not exceed   average gas flow rate
                                                                 the operating limit      monitoring data
                                                                 established during the   according to Sec.
                                                                 performance test.        63.1572; and
                                                                                          maintaining the daily
                                                                                          average coke burn-off
                                                                                          rate or average gas
                                                                                          flow rate at or below
                                                                                          the limit established
                                                                                          during the performance
                                                                                          test.
                                                                ii. The average total    Collecting the hourly
                                                                 power and secondary      and 3-hr rolling
                                                                 current to the control   average total power
                                                                 device must not fall     and secondary current
                                                                 below the operating      monitoring data
                                                                 limit established        according to Sec.
                                                                 during the performance   63.1572; and
                                                                 test.                    maintaining the 3-hr
                                                                                          rolling average total
                                                                                          power and secondary
                                                                                          current at or above
                                                                                          the limit established
                                                                                          during the performance
                                                                                          test.
                                       c. Continuous            i. The average liquid-   Collecting the hourly
                                        parametric monitoring    to-gas ratio must not    and 3-hr rolling
                                        systems--wet scrubber.   fall below the           average gas flow rate
                                                                 operating limit          and scrubber liquid
                                                                 established during the   flow rate monitoring
                                                                 performance test.        data according to Sec.
                                                                                            63.1572; determining
                                                                                          and recording the 3-hr
                                                                                          liquid-to-gas ratio;
                                                                                          and maintaining the 3-
                                                                                          hr rolling average
                                                                                          liquid-to-gas ratio at
                                                                                          or above the limit
                                                                                          established during the
                                                                                          performance test.
 
                                                                ii. Except for periods   Collecting the hourly
                                                                 of startup, shutdown     and 3-hr rolling
                                                                 and hot standby, the     average pressure drop
                                                                 average pressure drop    monitoring data
                                                                 across the scrubber      according to Sec.
                                                                 must not fall below      63.1572; and except
                                                                 the operating limit      for periods of
                                                                 established during the   startup, shutdown and
                                                                 performance test.        hot standby,
                                                                                          maintaining the 3-hr
                                                                                          rolling average
                                                                                          pressure drop at or
                                                                                          above the limit
                                                                                          established during the
                                                                                          performance test.
                                       d. BLD--fabric filter..  Increases in relative    Collecting and
                                                                 particulate.             maintaining records of
                                                                                          BLD system output;
                                                                                          determining the cause
                                                                                          of the alarm within 1
                                                                                          hour of the alarm; and
                                                                                          alleviating the cause
                                                                                          of the alarm within 3
                                                                                          hours by corrective
                                                                                          action.
3. Subject to NSPS for PM in 40 CFR    PM CEMS................  Not applicable.........  Complying with Table 6
 60.102a(b)(1), electing to meet the                                                      of this subpart, item
 PM concentration limit.                                                                  4 or 5.
4. Option 1a: Elect NSPS subpart J     Continuous opacity       The 3-hour average       Collecting the 3-hr
 requirements for PM per coke burn-     monitoring system.       opacity of emissions     rolling average
 off limit, not subject to the NSPS                              from your catalyst       continuous opacity
 for PM in 40 CFR 60.102 or                                      regenerator vent must    monitoring system data
 60.102a(b)(1).                                                  not exceed 20 percent.   according to Sec.
                                                                                          63.1572; and
                                                                                          maintaining the 3-hr
                                                                                          rolling average
                                                                                          opacity no higher than
                                                                                          20 percent.
5. Option 1b: Elect NSPS subpart Ja    a. Continuous opacity    The opacity of           Collecting the 3-hr
 requirements for PM per coke burn-     monitoring system.       emissions from your      rolling average
 off limit, not subject to the NSPS                              catalyst regenerator     continuous opacity
 for PM in 40 CFR 60.102 or                                      vent must not exceed     monitoring system data
 60.102a(b)(1).                                                  the site-specific        according to Sec.
                                                                 opacity operating        63.1572; maintaining
                                                                 limit established        the 3-hr rolling
                                                                 during the performance   average opacity at or
                                                                 test.                    below the site-
                                                                                          specific limit.
                                       b. Continuous            See item 2.b of this     See item 2.b of this
                                        parametric monitoring    table.                   table.
                                        systems--electrostatic
                                        precipitator.

[[Page 176]]

 
                                       c. Continuous            See item 2.c of this     See item 2.c of this
                                        parametric monitoring    table.                   table.
                                        systems--wet scrubber.
                                       d. BLD--fabric filter..  See item 2.d of this     See item 2.d of this
                                                                 table.                   table.
6. Option 1c: Elect NSPS subpart Ja    PM CEMS................  Not applicable.........  Complying with Table 6
 requirements for PM concentration                                                        of this subpart, item
 limit, not subject to the NSPS for                                                       4.
 PM in 40 CFR 60.102 or 60.102a(b)(1).
7. Option 2: PM per coke burn-off      a. Continuous opacity    The opacity of           Collecting the hourly
 limit, not subject to the NSPS for     monitoring system.       emissions from your      and 3-hr rolling
 PM in 40 CFR 60.102 or 60.102a(b)(1).                           catalyst regenerator     average continuous
                                                                 vent must not exceed     opacity monitoring
                                                                 the site-specific        system data according
                                                                 opacity operating        to Sec. 63.1572; and
                                                                 limit established        maintaining the 3-hr
                                                                 during the performance   rolling average
                                                                 test.                    opacity at or below
                                                                                          the site-specific
                                                                                          limit established
                                                                                          during the performance
                                                                                          test. Alternatively,
                                                                                          before August 1, 2017,
                                                                                          collecting the hourly
                                                                                          average continuous
                                                                                          opacity monitoring
                                                                                          system data according
                                                                                          to Sec. 63.1572; and
                                                                                          maintaining the hourly
                                                                                          average opacity at or
                                                                                          below the site-
                                                                                          specific limit.
                                       b. Continuous parameter  i. The average coke      Collecting the hourly
                                        monitoring systems--     burn-off rate or         and daily average coke
                                        electrostatic            average gas flow rate    burn-off rate or gas
                                        precipitator.            entering or exiting      flow rate monitoring
                                                                 the control device       data according to Sec.
                                                                 must not exceed the        63.1572; and
                                                                 operating limit          maintaining the daily
                                                                 established during the   coke burn-off rate or
                                                                 performance test.        average gas flow rate
                                                                                          at or below the limit
                                                                                          established during the
                                                                                          performance test.
                                                                ii. The average total    Collecting the hourly
                                                                 power (voltage and       and 3-hr rolling
                                                                 current) and secondary   average total power
                                                                 current to the control   and secondary current
                                                                 device must not fall     monitoring data
                                                                 below the operating      according to Sec.
                                                                 limit established        63.1572; and
                                                                 during the performance   maintaining the 3-hr
                                                                 test.                    rolling average total
                                                                                          power and secondary
                                                                                          current at or above
                                                                                          the limit established
                                                                                          during the performance
                                                                                          test. Alternatively,
                                                                                          before August 1, 2017,
                                                                                          collecting the hourly
                                                                                          and daily average
                                                                                          voltage and secondary
                                                                                          current (or total
                                                                                          power input)
                                                                                          monitoring data
                                                                                          according to Sec.
                                                                                          63.1572; and
                                                                                          maintaining the daily
                                                                                          average voltage and
                                                                                          secondary current (or
                                                                                          total power input) at
                                                                                          or above the limit
                                                                                          established during the
                                                                                          performance test.

[[Page 177]]

 
                                       c. Continuous parameter  i. The average liquid-   Collecting the hourly
                                        monitoring systems--     to-gas ratio must not    and 3-hr rolling
                                        wet scrubber.            fall below the           average gas flow rate
                                                                 operating limit          and scrubber liquid
                                                                 established during the   flow rate monitoring
                                                                 performance test.        data according to Sec.
                                                                                            63.1572; determining
                                                                                          and recording the 3-hr
                                                                                          liquid-to-gas ratio;
                                                                                          and maintaining the 3-
                                                                                          hr rolling average
                                                                                          liquid-to-gas ratio at
                                                                                          or above the limit
                                                                                          established during the
                                                                                          performance test.
                                                                                          Alternatively, before
                                                                                          August 1, 2017,
                                                                                          collecting the hourly
                                                                                          average gas flow rate
                                                                                          and water (or
                                                                                          scrubbing liquid) flow
                                                                                          rate monitoring data
                                                                                          according to Sec.
                                                                                          63.1572 \1\;
                                                                                          determining and
                                                                                          recording the hourly
                                                                                          average liquid-to-gas
                                                                                          ratio; determining and
                                                                                          recording the daily
                                                                                          average liquid-to-gas
                                                                                          ratio; and maintaining
                                                                                          the daily average
                                                                                          liquid-to-gas ratio
                                                                                          above the limit
                                                                                          established during the
                                                                                          performance test.
                                                                ii. Except for periods   Collecting the hourly
                                                                 of startup, shutdown     and 3-hr rolling
                                                                 and hot standby, the     average pressure drop
                                                                 average pressure drop    monitoring data
                                                                 across the scrubber      according to Sec.
                                                                 must not fall below      63.1572; and except
                                                                 the operating limit      for periods of
                                                                 established during the   startup, shutdown and
                                                                 performance test.        hot standby,
                                                                                          maintaining the 3-hr
                                                                                          rolling average
                                                                                          pressure drop at or
                                                                                          above the limit
                                                                                          established during the
                                                                                          performance test.
                                                                                          Alternatively, before
                                                                                          August 1, 2017,
                                                                                          collecting the hourly
                                                                                          and daily average
                                                                                          pressure drop
                                                                                          monitoring data
                                                                                          according to Sec.
                                                                                          63.1572; and
                                                                                          maintaining the daily
                                                                                          average pressure drop
                                                                                          above the limit
                                                                                          established during the
                                                                                          performance test.
                                       d. BLD--fabric filter..  See item 2.d of this     See item 2.d of this
                                                                 table.                   table.
8. Option 3: Ni lb/hr limit not        a. Continuous opacity    i. The daily average Ni  (1) Collecting the
 subject to the NSPS for PM in 40 CFR   monitoring system.       operating value must     hourly average
 60.102.                                                         not exceed the site-     continuous opacity
                                                                 specific Ni operating    monitoring system data
                                                                 limit established        according to Sec.
                                                                 during the performance   63.1572; determining
                                                                 test.                    and recording
                                                                                          equilibrium catalyst
                                                                                          Ni concentration at
                                                                                          least once a week \2\;
                                                                                          collecting the hourly
                                                                                          average gas flow rate
                                                                                          monitoring data
                                                                                          according to Sec.
                                                                                          63.1572 \1\; and
                                                                                          determining and
                                                                                          recording the hourly
                                                                                          average Ni operating
                                                                                          value using Equation
                                                                                          11 of Sec. 63.1564.

[[Page 178]]

 
                                                                                         (2) Determining and
                                                                                          recording the 3-hour
                                                                                          rolling average Ni
                                                                                          operating value and
                                                                                          maintaining the 3-hour
                                                                                          rolling average Ni
                                                                                          operating value below
                                                                                          the site-specific Ni
                                                                                          operating limit
                                                                                          established during the
                                                                                          performance test.
                                                                                          Alternatively, before
                                                                                          August 1, 2017,
                                                                                          determining and
                                                                                          recording the daily
                                                                                          average Ni operating
                                                                                          value and maintaining
                                                                                          the daily average Ni
                                                                                          operating value below
                                                                                          the site-specific Ni
                                                                                          operating limit
                                                                                          established during the
                                                                                          performance test.
                                       b. Continuous parameter  i. The average gas flow  See item 7.b.i of this
                                        monitoring systems--     rate entering or         table.
                                        electrostatic            exiting the control
                                        precipitator.            device must not exceed
                                                                 the operating limit
                                                                 established during the
                                                                 performance test.
                                                                ii. The average total    See item 7.b.ii of this
                                                                 power (voltage and       table.
                                                                 current) and secondary
                                                                 current must not fall
                                                                 below the level
                                                                 established in the
                                                                 performance test.
                                                                iii. The monthly         Determining and
                                                                 rolling average of the   recording the
                                                                 equilibrium catalyst     equilibrium catalyst
                                                                 Ni concentration must    Ni concentration at
                                                                 not exceed the level     least once a week \2\;
                                                                 established during the   determining and
                                                                 performance test.        recording the monthly
                                                                                          rolling average of the
                                                                                          equilibrium catalyst
                                                                                          Ni concentration once
                                                                                          each week using the
                                                                                          weekly or most recent
                                                                                          value; and maintaining
                                                                                          the monthly rolling
                                                                                          average below the
                                                                                          limit established in
                                                                                          the performance test.
                                       c. Continuous parameter  i. The average liquid-   See item 7.c.i of this
                                        monitoring systems--     to-gas ratio must not    table.
                                        wet scrubber.            fall below the
                                                                 operating limit
                                                                 established during the
                                                                 performance test..
                                                                ii. Except for periods   See item 7.c.ii of this
                                                                 of startup, shutdown     table.
                                                                 and hot standby, the
                                                                 average pressure drop
                                                                 must not fall below
                                                                 the operating limit
                                                                 established in the
                                                                 performance test.
                                                                iii. The monthly         Determining and
                                                                 rolling average          recording the
                                                                 equilibrium catalyst     equilibrium catalyst
                                                                 Ni concentration must    Ni concentration at
                                                                 not exceed the level     least once a week \2\;
                                                                 established during the   determining and
                                                                 performance test.        recording the monthly
                                                                                          rolling average of
                                                                                          equilibrium catalyst
                                                                                          Ni concentration once
                                                                                          each week using the
                                                                                          weekly or most recent
                                                                                          value; and maintaining
                                                                                          the monthly rolling
                                                                                          average below the
                                                                                          limit established in
                                                                                          the performance test.
                                       d. BLD--fabric filter..  i. Increases in          See item 7.d of this
                                                                 relative particulate.    table.

[[Page 179]]

 
                                                                ii. The monthly rolling  Determining and
                                                                 average of the           recording the
                                                                 equilibrium catalyst     equilibrium catalyst
                                                                 Ni concentration must    Ni concentration at
                                                                 not exceed the level     least once a week \2\;
                                                                 established during the   determining and
                                                                 performance test.        recording the monthly
                                                                                          rolling average of the
                                                                                          equilibrium catalyst
                                                                                          Ni concentration once
                                                                                          each week using the
                                                                                          weekly or most recent
                                                                                          value; and maintaining
                                                                                          the monthly rolling
                                                                                          average below the
                                                                                          limit established in
                                                                                          the performance test.
9. Option 4: Ni per coke burn-off      a. Continuous opacity    i. The daily average Ni  (1) Collecting the
 limit not subject to the NSPS for PM   monitoring system.       operating value must     hourly average
 in 40 CFR 60.102.                                               not exceed the site-     continuous opacity
                                                                 specific Ni operating    monitoring system data
                                                                 limit established        according to Sec.
                                                                 during the performance   63.1572; collecting
                                                                 test.                    the hourly average
                                                                                          coke burn rate and
                                                                                          hourly average gas
                                                                                          flow rate monitoring
                                                                                          data according to Sec.
                                                                                            63.15721;
                                                                                          determining and
                                                                                          recording equilibrium
                                                                                          catalyst Ni
                                                                                          concentration at least
                                                                                          once a week \2\; and
                                                                                          determining and
                                                                                          recording the hourly
                                                                                          average Ni operating
                                                                                          value using Equation
                                                                                          12 of Sec. 63.1564.
                                                                                         (2) Determining and
                                                                                          recording the 3-hour
                                                                                          rolling average Ni
                                                                                          operating value and
                                                                                          maintaining the 3-hour
                                                                                          rolling average Ni
                                                                                          operating value below
                                                                                          the site-specific Ni
                                                                                          operating limit
                                                                                          established during the
                                                                                          performance test
                                                                                          Alternatively, before
                                                                                          August 1, 2017,
                                                                                          determining and
                                                                                          recording the daily
                                                                                          average Ni operating
                                                                                          value and maintaining
                                                                                          the daily average Ni
                                                                                          operating value below
                                                                                          the site-specific Ni
                                                                                          operating limit
                                                                                          established during the
                                                                                          performance test.
                                       b. Continuous parameter  i. The average gas flow  See item 7.b.i of this
                                        monitoring systems--     rate to the control      table.
                                        electrostatic            device must not exceed
                                        precipitator.            the level established
                                                                 in the performance
                                                                 test.
                                                                ii. The average voltage  See item 7.b.ii of this
                                                                 and secondary current    table.
                                                                 (or total power input)
                                                                 must not fall below
                                                                 the level established
                                                                 in the performance
                                                                 test.
                                                                iii. The monthly         See item 8.b.iii of
                                                                 rolling average          this table.
                                                                 equilibrium catalyst
                                                                 Ni concentration must
                                                                 not exceed the level
                                                                 established during the
                                                                 performance test.
                                       c. Continuous parameter  i. The average liquid-   See item 7.c.i of this
                                        monitoring systems--     to-gas ratio must not    table.
                                        wet scrubber.            fall below the
                                                                 operating limit
                                                                 established during the
                                                                 performance test.

[[Page 180]]

 
                                                                ii. Except for periods   See item 7.c.ii of this
                                                                 of startup, shutdown     table.
                                                                 and hot standby, the
                                                                 daily average pressure
                                                                 drop must not fall
                                                                 below the operating
                                                                 limit established in
                                                                 the performance test.
                                                                iii. The monthly         See item 8.c.iii of
                                                                 rolling average          this table.
                                                                 equilibrium catalyst
                                                                 Ni concentration must
                                                                 not exceed the level
                                                                 established during the
                                                                 performance test.
                                       d. BLD--fabric filter..  i. See item 2.d of this  See item 2.d of this
                                                                 table.                   table.
                                                                ii. The monthly rolling  Determining and
                                                                 average of the           recording the
                                                                 equilibrium catalyst     equilibrium catalyst
                                                                 Ni concentration must    Ni concentration at
                                                                 not exceed the level     least once a week \2\;
                                                                 established during the   determining and
                                                                 performance test.        recording the monthly
                                                                                          rolling average of the
                                                                                          equilibrium catalyst
                                                                                          Ni concentration once
                                                                                          each week using the
                                                                                          weekly or most recent
                                                                                          value; and maintaining
                                                                                          the monthly rolling
                                                                                          average below the
                                                                                          limit established in
                                                                                          the performance test.
10. During periods of startup,         Any control device, if   The inlet velocity       Meeting the
 shutdown, or hot standby.              elected.                 limit to the primary     requirements in Sec.
                                                                 internal cyclones of     63.1564(c)(5).
                                                                 the catalytic cracking
                                                                 unit catalyst
                                                                 regenerator in Sec.
                                                                 63.1564(a)(5)(ii).
----------------------------------------------------------------------------------------------------------------
\1\ If applicable, you can use the alternative in Sec. 63.1573(a)(1) for gas flow rate instead of a continuous
  parameter monitoring system if you used the alternative method in the initial performance test.
\2\ The equilibrium catalyst Ni concentration must be measured by the procedure, Determination of Metal
  Concentration on Catalyst Particles (Instrumental Analyzer Procedure) in appendix A to this subpart; or by EPA
  Method 6010B, Inductively Coupled Plasma-Atomic Emission Spectrometry, EPA Method 6020, Inductively Coupled
  Plasma-Mass Spectrometry, EPA Method 7520, Nickel Atomic Absorption, Direct Aspiration, or EPA Method 7521,
  Nickel Atomic Absorption, Direct Aspiration; or by an alternative to EPA Method 6010B, 6020, 7520, or 7521
  satisfactory to the Administrator. The EPA Methods 6010B, 6020, 7520, and 7521 are included in ``Test Methods
  for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, Revision 5 (April 1998). The
  SW-846 and Updates (document number 955-001-00000-1) are available for purchase from the Superintendent of
  Documents, U.S. Government Publishing Office, Washington, DC 20402, (202) 512-1800; and from the National
  Technical Information Services (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650. Copies may
  be inspected at the EPA Docket Center, William Jefferson Clinton (WJC) West Building (Air Docket), Room 3334,
  1301 Constitution Ave. NW., Washington, DC; or at the Office of the Federal Register, 800 North Capitol Street
  NW., Suite 700, Washington, DC. These methods are also available at http://www.epa.gov/epaoswer /hazwaste/test/
  main.htm.


[80 FR 75293, Dec. 1, 2015]



Sec. Table 8 to Subpart UUU of Part 63--Organic HAP Emission Limits for 
                        Catalytic Cracking Units

    As stated in Sec. 63.1565(a)(1), you shall meet each emission 
limitation in the following table that applies to you.

------------------------------------------------------------------------
                                           You shall meet the following
  For each new and existing catalytic        emission limit for each
          cracking unit . . .            catalyst regenerator vent . . .
------------------------------------------------------------------------
1. Subject to the NSPS for carbon        CO emissions from the catalyst
 monoxide (CO) in 40 CFR 60.103 or        regenerator vent or CO boiler
 60.102a(b)(4).                           serving the catalytic cracking
                                          unit must not exceed 500 parts
                                          per million volume (ppmv) (dry
                                          basis).
2. Not subject to the NSPS for CO in 40  a. CO emissions from the
 CFR 60.103 or 60.102a(b)(4).             catalyst regenerator vent or
                                          CO boiler serving the
                                          catalytic cracking unit must
                                          not exceed 500 ppmv (dry
                                          basis).
                                         b. If you use a flare to meet
                                          the CO limit, then on and
                                          after January 30, 2019, the
                                          flare must meet the
                                          requirements of Sec. 63.670.
                                          Prior to January 30, 2019, the
                                          flare must meet the
                                          requirements for control
                                          devices in Sec. 63.11(b) and
                                          visible emissions must not
                                          exceed a total of 5 minutes
                                          during any 2 consecutive
                                          hours, or the flare must meet
                                          the requirements of Sec.
                                          63.670.
------------------------------------------------------------------------


[[Page 181]]


[80 FR 75299, Dec. 1, 2015]



Sec. Table 9 to Subpart UUU of Part 63--Operating Limits for Organic HAP 
                 Emissions From Catalytic Cracking Units

    As stated in Sec. 63.1565(a)(2), you shall meet each operating 
limit in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                           For this type of
  For each new or existing catalytic    continuous monitoring       For this type of       You shall meet this
         cracking unit . . .                 system . . .         control device . . .    operating limit . . .
----------------------------------------------------------------------------------------------------------------
1. Subject to the NSPS for carbon      Continuous emission      Not applicable.........  Not applicable.
 monoxide (CO) in 40 CFR 60.103 or      monitoring system.
 60.102a(b)(4).
2. Not subject to the NSPS for CO in   a. Continuous emission   Not applicable.........  Not applicable.
 40 CFR 60.103 or 60.102a(b)(4).        monitoring system.
                                       b. Continuous parameter  i. Thermal incinerator.  Maintain the daily
                                        monitoring systems.                               average combustion
                                                                                          zone temperature above
                                                                                          the limit established
                                                                                          during the performance
                                                                                          test; and maintain the
                                                                                          daily average oxygen
                                                                                          concentration in the
                                                                                          vent stream (percent,
                                                                                          dry basis) above the
                                                                                          limit established
                                                                                          during the performance
                                                                                          test.
                                                                ii. Boiler or process    Maintain the daily
                                                                 heater with a design     average combustion
                                                                 heat input capacity      zone temperature above
                                                                 under 44 MW or a         the limit established
                                                                 boiler or process        in the performance
                                                                 heater in which all      test.
                                                                 vent streams are not
                                                                 introduced into the
                                                                 flame zone.
                                                                iii. Flare.............  On and after January
                                                                                          30, 2019, the flare
                                                                                          must meet the
                                                                                          requirements of Sec.
                                                                                          63.670. Prior to
                                                                                          January 30, 2019, the
                                                                                          flare pilot light must
                                                                                          be present at all
                                                                                          times and the flare
                                                                                          must be operating at
                                                                                          all times that
                                                                                          emissions may be
                                                                                          vented to it, or the
                                                                                          flare must meet the
                                                                                          requirements of Sec.
                                                                                          63.670.
3. During periods of startup,          Any....................  Any....................  Meet the requirements
 shutdown or hot standby.                                                                 in Sec.
                                                                                          63.1565(a)(5).
----------------------------------------------------------------------------------------------------------------


[80 FR 75299, Dec. 1, 2015]



 Sec. Table 10 to Subpart UUU of Part 63--Continuous Monitoring Systems 
         for Organic HAP Emissions From Catalytic Cracking Units

    As stated in Sec. 63.1565(b)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                                      You shall install,
                                   And you use this      operate, and
    For each new or existing        type of control   maintain this type
  catalytic cracking unit . . .     device for your      of continuous
                                      vent . . .       monitoring system
                                                             . . .
------------------------------------------------------------------------
1. Subject to the NSPS for        Not applicable....  Continuous
 carbon monoxide (CO) in 40 CFR                        emission
 60.103 or 60.102a(b)(4).                              monitoring system
                                                       to measure and
                                                       record the
                                                       concentration by
                                                       volume (dry
                                                       basis) of CO
                                                       emissions from
                                                       each catalyst
                                                       regenerator vent.

[[Page 182]]

 
2. Not subject to the NSPS for    a. Thermal          Continuous
 CO in 40 CFR 60.103 or            incinerator.        emission
 60.102a(b)(4).                                        monitoring system
                                                       to measure and
                                                       record the
                                                       concentration by
                                                       volume (dry
                                                       basis) of CO
                                                       emissions from
                                                       each catalyst
                                                       regenerator vent;
                                                       or continuous
                                                       parameter
                                                       monitoring
                                                       systems to
                                                       measure and
                                                       record the
                                                       combustion zone
                                                       temperature and
                                                       oxygen content
                                                       (percent, dry
                                                       basis) in the
                                                       incinerator vent
                                                       stream.
                                  b. Process heater   Continuous
                                   or boiler with a    emission
                                   design heat input   monitoring system
                                   capacity under 44   to measure and
                                   MW or process       record the
                                   heater or boiler    concentration by
                                   in which all vent   volume (dry
                                   streams are not     basis) of CO
                                   introduced into     emissions from
                                   the flame zone.     each catalyst
                                                       regenerator vent;
                                                       or continuous
                                                       parameter
                                                       monitoring
                                                       systems to
                                                       measure and
                                                       record the
                                                       combustion zone
                                                       temperature.
                                  c. Flare..........  On and after
                                                       January 30, 2019,
                                                       the monitoring
                                                       systems required
                                                       in Sec. Sec.
                                                       63.670 and
                                                       63.671. Prior to
                                                       January 30, 2019,
                                                       monitoring device
                                                       such as a
                                                       thermocouple, an
                                                       ultraviolet beam
                                                       sensor, or
                                                       infrared sensor
                                                       to continuously
                                                       detect the
                                                       presence of a
                                                       pilot flame, or
                                                       the monitoring
                                                       systems required
                                                       in Sec. Sec.
                                                       63.670 and
                                                       63.671.
                                  d. No control       Continuous
                                   device.             emission
                                                       monitoring system
                                                       to measure and
                                                       record the
                                                       concentration by
                                                       volume (dry
                                                       basis) of CO
                                                       emissions from
                                                       each catalyst
                                                       regenerator vent.
3. During periods of startup,     Any...............  Continuous
 shutdown or hot standby                               parameter
 electing to comply with the                           monitoring system
 operating limit in Sec. to measure and
 63.1565(a)(5)(ii).                                    record the
                                                       concentration by
                                                       volume (wet or
                                                       dry basis) of
                                                       oxygen from each
                                                       catalyst
                                                       regenerator vent.
                                                       If measurement is
                                                       made on a wet
                                                       basis, you must
                                                       comply with the
                                                       limit as measured
                                                       (no moisture
                                                       correction).
------------------------------------------------------------------------


[80 FR 75300, Dec. 1, 2015, as amended at 83 FR 60727, Nov. 26, 2018]



 Sec. Table 11 to Subpart UUU of Part 63--Requirements for Performance 
   Tests for Organic HAP Emissions From Catalytic Cracking Units Not 
 Subject to New Source Performance Standard (NSPS) for Carbon Monoxide 
                                  (CO)

    As stated in Sec. 63.1565(b)(2) and (3), you shall meet each 
requirement in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                                                                            According to these
              For . . .                     You must . . .            Using . . .           requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Each new or existing catalytic      a. Select sampling       Method 1 or 1A in        Sampling sites must be
 cracking unit catalyst regenerator     port's location and      appendix A to part 60    located at the outlet
 vent.                                  the number of traverse   of this chapter.         of the control device
                                        ports.                                            or the outlet of the
                                                                                          regenerator, as
                                                                                          applicable, and prior
                                                                                          to any releases to the
                                                                                          atmosphere.
                                       b. Determine velocity    Method 2, 2A, 2D, 2F,
                                        and volumetric flow      or 2G in appendix A to
                                        rate.                    part 60 of this
                                                                 chapter, as
                                                                 applicable.
                                       c. Conduct gas           Method 3, 3A, or 3B in
                                        molecular weight         appendix A to part 60
                                        analysis.                of this chapter, as
                                                                 applicable.
                                       d. Measure moisture      Method 4 in appendix A
                                        content of the stack     to part 60 of this
                                        gas.                     chapter.

[[Page 183]]

 
2. For each new or existing catalytic  Measure CO emissions...  Data from your           Collect CO monitoring
 cracking unit catalyst regenerator                              continuous emission      data for each vent for
 vent if you use a continuous                                    monitoring system.       24 consecutive
 emission monitoring system.                                                              operating hours; and
                                                                                          reduce the continuous
                                                                                          emission monitoring
                                                                                          data to 1-hour
                                                                                          averages computed from
                                                                                          four or more data
                                                                                          points equally spaced
                                                                                          over each 1-hour
                                                                                          period.
3. Each catalytic cracking unit        a. Measure the CO        Method 10, 10A, or 10B
 catalyst regenerator vent if you use   concentration (dry       in appendix A-4 to
 continuous parameter monitoring        basis) of emissions      part 60 of this
 systems                                exiting the control      chapter, as applicable
                                        device
                                       b. Establish each        Data from the
                                        operating limit in       continuous parameter
                                        Table 9 of this          monitoring systems
                                        subpart that applies
                                        to you
                                       c. Thermal incinerator   Data from the            Collect temperature
                                        combustion zone          continuous parameter     monitoring data every
                                        temperature              monitoring systems       15 minutes during the
                                                                                          entire period of the
                                                                                          CO initial performance
                                                                                          test; and determine
                                                                                          and record the minimum
                                                                                          hourly average
                                                                                          combustion zone
                                                                                          temperature from all
                                                                                          the readings.
                                       d. Thermal incinerator:  Data from the            Collect oxygen
                                        oxygen, content          continuous parameter     concentration
                                        (percent, dry basis)     monitoring systems.      (percent, dry basis)
                                        in the incinerator                                monitoring data every
                                        vent stream                                       15 minutes during the
                                                                                          entire period of the
                                                                                          CO initial performance
                                                                                          test; and determine
                                                                                          and record the minimum
                                                                                          hourly average percent
                                                                                          excess oxygen
                                                                                          concentration from all
                                                                                          the readings.
                                       e. If you use a process  Data from the            Collect the temperature
                                        heater or boiler with    continuous parameter     monitoring data every
                                        a design heat input      monitoring systems.      15 minutes during the
                                        capacity under 44 MW                              entire period of the
                                        or process heater or                              CO initial performance
                                        boiler in which all                               test; and determine
                                        vent streams are not                              and record the minimum
                                        introduced into the                               hourly average
                                        flame zone, establish                             combustion zone
                                        operating limit for                               temperature from all
                                        combustion zone                                   the readings.
                                        temperature
                                       f. If you use a flare,   Method 22 (40 CFR part   On and after January
                                        conduct visible          60, appendix A-7).       30, 2019, meet the
                                        emission observations                             requirements of Sec.
                                                                                          63.670. Prior to
                                                                                          January 30, 2019,
                                                                                          maintain a 2-hour
                                                                                          observation period;
                                                                                          and record the
                                                                                          presence of a flame at
                                                                                          the pilot light over
                                                                                          the full period of the
                                                                                          test or meet the
                                                                                          requirements of Sec.
                                                                                          63.670.
                                       g. If you use a flare,   40 CFR 63.11(b)(6)       On and after January
                                        determine that the       through (8)              30, 2019, the flare
                                        flare meets the                                   must meet the
                                        requirements for net                              requirements of Sec.
                                        heating value of the                              63.670. Prior to
                                        gas being combusted                               January 30, 2019, the
                                        and exit velocity                                 flare must meet the
                                                                                          control device
                                                                                          requirements in Sec.
                                                                                          63.11(b) or the
                                                                                          requirements of Sec.
                                                                                          63.670.
----------------------------------------------------------------------------------------------------------------


[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6948, Feb. 9, 
2005; 80 FR 75301, Dec. 1, 2015]

[[Page 184]]



Sec. Table 12 to Subpart UUU of Part 63--Initial Compliance With Organic 
            HAP Emission Limits for Catalytic Cracking Units

    As stated in Sec. 63.1565(b)(4), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                For the following
   For each new and existing     emission limit .  You have demonstrated
 catalytic cracking unit . . .         . .         initial compliance if
                                                           . . .
------------------------------------------------------------------------
1. Subject to the NSPS for      CO emissions from  You have already
 carbon monoxide (CO) in 40      your catalyst      conducted a
 CFR 60.103, 60.100(e), or       regenerator vent   performance test to
 60.102a(b)(4).                  or CO boiler       demonstrate initial
                                 serving the        compliance with the
                                 catalytic          NSPS and the
                                 cracking unit      measured CO
                                 must not exceed    emissions are less
                                 500 ppmv (dry      than or equal to 500
                                 basis).            ppm (dry basis). As
                                                    part of the
                                                    Notification of
                                                    Compliance Status,
                                                    you must certify
                                                    that your vent meets
                                                    the CO limit. You
                                                    are not required to
                                                    conduct another
                                                    performance test to
                                                    demonstrate initial
                                                    compliance. You have
                                                    already conducted a
                                                    performance
                                                    evaluation to
                                                    demonstrate initial
                                                    compliance with the
                                                    applicable
                                                    performance
                                                    specification. As
                                                    part of your
                                                    Notification of
                                                    Compliance Status,
                                                    you must certify
                                                    that your continuous
                                                    emission monitoring
                                                    system meets the
                                                    applicable
                                                    requirements in Sec.
                                                      63.1572. You are
                                                    not required to
                                                    conduct another
                                                    performance
                                                    evaluation to
                                                    demonstrate initial
                                                    compliance.
2. Not subject to the NSPS for  a. CO emissions    i. If you use a
 CO in 40 CFR 60.103             from your          continuous parameter
 60.102a(b)(4).                  catalyst           monitoring system,
                                 regenerator vent   the average CO
                                 or CO boiler       emissions measured
                                 serving the        by Method 10 over
                                 catalytic          the period of the
                                 cracking unit      initial performance
                                 must not exceed    test are less than
                                 500 ppmv (dry      or equal to 500 ppmv
                                 basis).            (dry basis).
                                                   ii. If you use a
                                                    continuous emission
                                                    monitoring system,
                                                    the hourly average
                                                    CO emissions over
                                                    the 24-hour period
                                                    for the initial
                                                    performance test are
                                                    not more than 500
                                                    ppmv (dry basis);
                                                    and your performance
                                                    evaluation shows
                                                    your continuous
                                                    emission monitoring
                                                    system meets the
                                                    applicable
                                                    requirements in Sec.
                                                      63.1572.
                                b. If you use a    On and after January
                                 flare, visible     30, 2019, the flare
                                 emissions must     meets the
                                 not exceed a       requirements of Sec.
                                 total of 5           63.670. Prior to
                                 minutes during     January 30, 2019,
                                 any 2 operating    visible emissions,
                                 hours.             measured by Method
                                                    22 during the 2-hour
                                                    observation period
                                                    during the initial
                                                    performance test,
                                                    are no higher than 5
                                                    minutes, or the
                                                    flare meets the
                                                    requirements of Sec.
                                                      63.670.
------------------------------------------------------------------------


[80 FR 75302, Dec. 1, 2015]



  Sec. Table 13 to Subpart UUU of Part 63--Continuous Compliance With 
        Organic HAP Emission Limits for Catalytic Cracking Units

    As stated in Sec. 63.1565(c)(1), you shall meet each requirement in 
the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                           Subject to this
 For each new and existing catalytic   emission limit for your                            You shall demonstrate
         cracking unit . . .             catalyst regenerator      If you must . . .      continuous compliance
                                              vent . . .                                         by . . .
----------------------------------------------------------------------------------------------------------------
1. Subject to the NSPS for carbon      CO emissions from your   Continuous emission      Collecting the hourly
 monoxide (CO) in 40 CFR 60.103,        catalyst regenerator     monitoring system.       average CO monitoring
 60.100(e), or 60.102a(b)(4).           vent or CO boiler                                 data according to Sec.
                                        serving the catalytic                               63.1572; and
                                        cracking unit must not                            maintaining the hourly
                                        exceed 500 ppmv (dry                              average CO
                                        basis).                                           concentration at or
                                                                                          below 500 ppmv (dry
                                                                                          basis).
2. Not subject to the NSPS for CO in   a. CO emissions from     Continuous emission      Same as item 1.
 40 CFR 60.103 or 60.102a(b)(4).        your catalyst            monitoring system.
                                        regenerator vent or CO
                                        boiler serving the
                                        catalytic cracking
                                        unit must not exceed
                                        500 ppmv (dry basis).
                                       b. CO emissions from     Continuous parameter     Maintaining the hourly
                                        your catalyst            monitoring system.       average CO
                                        regenerator vent or CO                            concentration below
                                        boiler serving the                                500 ppmv (dry basis).
                                        catalytic cracking
                                        unit must not exceed
                                        500 ppmv (dry basis).

[[Page 185]]

 
                                       c. Visible emissions     Control device-flare...  On and after January
                                        from a flare must not                             30, 2019, meeting the
                                        exceed a total of 5                               requirements of Sec.
                                        minutes during any 2-                             63.670. Prior to
                                        hour period.                                      January 30, 2019,
                                                                                          maintaining visible
                                                                                          emissions below a
                                                                                          total of 5 minutes
                                                                                          during any 2-hour
                                                                                          operating period, or
                                                                                          meeting the
                                                                                          requirements of Sec.
                                                                                          63.670.
----------------------------------------------------------------------------------------------------------------


[80 FR 75302, Dec. 1, 2015]



  Sec. Table 14 to Subpart UUU of Part 63--Continuous Compliance With 
Operating Limits for Organic HAP Emissions From Catalytic Cracking Units

    As stated in Sec. 63.1565(c)(1), you shall meet each requirement in 
the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                                                                          You shall demonstrate
   For each new existing catalytic         If you use . . .        For this operating     continuous compliance
         cracking unit . . .                                          limit . . .                by . . .
----------------------------------------------------------------------------------------------------------------
1. Subject to NSPS for carbon          Continuous emission      Not applicable.........  Complying with Table 13
 monoxide (CO) in 40 CFR 60.103,        monitoring system.                                of this subpart, item
 60.100(e), 60.102a(b)(4).                                                                1.
2. Not subject to the NSPS for CO in   a. Continuous emission   Not applicable.........  Complying with Table 13
 40 CFR 60.103 or 60.102a(b)(4).        monitoring system.                                of this subpart, item
                                                                                          2.a.
                                       b. Continuous parameter  i. The daily average     Collecting the hourly
                                        monitoring systems--     combustion zone          and daily average
                                        thermal incinerator.     temperature must not     temperature monitoring
                                                                 fall below the level     data according to Sec.
                                                                 established during the     63.1572; and
                                                                 performance test.        maintaining the daily
                                                                                          average combustion
                                                                                          zone temperature above
                                                                                          the limit established
                                                                                          during the performance
                                                                                          test.
                                                                ii. The daily average    Collecting the hourly
                                                                 oxygen concentration     and daily average
                                                                 in the vent stream       oxygen concentration
                                                                 (percent, dry basis)     monitoring data
                                                                 must not fall below      according to Sec.
                                                                 the level established    63.1572; and
                                                                 during the performance   maintaining the daily
                                                                 test.                    average oxygen
                                                                                          concentration above
                                                                                          the limit established
                                                                                          during the performance
                                                                                          test.
                                       c. Continuous parameter  The daily combustion     Collecting the average
                                        monitoring systems--     zone temperature must    hourly and daily
                                        boiler or process        not fall below the       temperature monitoring
                                        heater with a design     level established in     data according to Sec.
                                        heat input capacity      the performance test.      63.1572; and
                                        under 44 MW or boiler                             maintaining the daily
                                        or process heater in                              average combustion
                                        which all vent streams                            zone temperature above
                                        are not introduced                                the limit established
                                        into the flame zone.                              during the performance
                                                                                          test.
                                       d. Continuous parameter  The flare pilot light    On and after January
                                        monitoring system--      must be present at all   30, 2019, meeting the
                                        flare.                   times and the flare      requirements of Sec.
                                                                 must be operating at     63.670. Prior to
                                                                 all times that           January 30, 2019,
                                                                 emissions may be         collecting the flare
                                                                 vented to it.            monitoring data
                                                                                          according to Sec.
                                                                                          63.1572 and recording
                                                                                          for each 1-hour period
                                                                                          whether the monitor
                                                                                          was continuously
                                                                                          operating and the
                                                                                          pilot light was
                                                                                          continuously present
                                                                                          during each 1-hour
                                                                                          period, or meeting the
                                                                                          requirements of Sec.
                                                                                          63.670.

[[Page 186]]

 
3. During periods of startup,          Any control device.....  The oxygen               Collecting the hourly
 shutdown or hot standby electing to                             concentration limit in   average oxygen
 comply with the operating limit in                              Sec. concentration
 Sec. 63.1565(a)(5)(ii).                                       63.1565(a)(5)(ii).       monitoring data
                                                                                          according to Sec.
                                                                                          63.1572 and
                                                                                          maintaining the hourly
                                                                                          average oxygen
                                                                                          concentration at or
                                                                                          above 1 volume percent
                                                                                          (dry basis).
----------------------------------------------------------------------------------------------------------------


[80 FR 75303, Dec. 1, 2015]



Sec. Table 15 to Subpart UUU of Part 63--Organic HAP Emission Limits for 
                        Catalytic Reforming Units

    As stated in Sec. 63.1566(a)(1), you shall meet each emission 
limitation in the following table that applies to you.

------------------------------------------------------------------------
                                            You shall meet this emission
For each applicable process vent for a new      limit during initial
or existing catalytic reforming unit . . .    catalyst depressuring and
                                             catalyst purging operations
                                                        . . .
------------------------------------------------------------------------
1. Option 1...............................  On and after January 30,
                                             2019, vent emissions to a
                                             flare that meets the
                                             requirements of Sec.
                                             63.670. Prior to January
                                             30, 2019, vent emissions to
                                             a flare that meets the
                                             requirements for control
                                             devices in Sec. 63.11(b)
                                             and visible emissions from
                                             a flare must not exceed a
                                             total of 5 minutes during
                                             any 2-hour operating
                                             period, or vent emissions
                                             to a flare that meets the
                                             requirements of Sec.
                                             63.670.
2. Option 2...............................  Reduce uncontrolled
                                             emissions of total organic
                                             compounds (TOC) or
                                             nonmethane TOC from your
                                             process vent by 98 percent
                                             by weight using a control
                                             device or to a
                                             concentration of 20 ppmv
                                             (dry basis as hexane),
                                             corrected to 3 percent
                                             oxygen, whichever is less
                                             stringent. If you vent
                                             emissions to a boiler or
                                             process heater to comply
                                             with the percent reduction
                                             or concentration emission
                                             limitation, the vent stream
                                             must be introduced into the
                                             flame zone, or any other
                                             location that will achieve
                                             the percent reduction or
                                             concentration standard.
------------------------------------------------------------------------


[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6951, Feb. 9, 
2005; 80 FR 75304, Dec. 1, 2015]



 Sec. Table 16 to Subpart UUU of Part 63--Operating Limits for Organic 
              HAP Emissions From Catalytic Reforming Units

    As stated in Sec. 63.1566(a)(2), you shall meet each operating 
limit in the following table that applies to you.

------------------------------------------------------------------------
                                                     You shall meet this
                                                       operating limit
  For each new or existing                             during initial
catalytic reforming unit . .    For this type of          catalyst
              .               control device . . .    depressuring and
                                                     purging operations.
                                                             . .
------------------------------------------------------------------------
1. Option 1: Vent to flare..  Flare...............  On and after January
                                                     30, 2019, the flare
                                                     must meet the
                                                     requirements of
                                                     Sec. 63.670.
                                                     Prior to January
                                                     30, 2019, the flare
                                                     pilot light must be
                                                     present at all
                                                     times and the flare
                                                     must be operating
                                                     at all times that
                                                     emissions may be
                                                     vented to it, or
                                                     the flare must meet
                                                     the requirements of
                                                     Sec. 63.670.
2. Option 2: Percent          a. Thermal            The daily average
 reduction or concentration    incinerator, boiler   combustion zone
 limit.                        or process heater     temperature must
                               with a design heat    not fall below the
                               input capacity        limit established
                               under 44 MW, or       during the
                               boiler or process     performance test.
                               heater in which all
                               vent streams are
                               not introduced into
                               the flame zone.
                              b. No control device  Operate at all times
                                                     according to your
                                                     operation,
                                                     maintenance, and
                                                     monitoring plan
                                                     regarding minimum
                                                     catalyst purging
                                                     conditions that
                                                     must be met prior
                                                     to allowing
                                                     uncontrolled purge
                                                     releases.
------------------------------------------------------------------------


[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6951, Feb. 9, 
2005; 80 FR 75304, Dec. 1, 2015]

[[Page 187]]



 Sec. Table 17 to Subpart UUU of Part 63--Continuous Monitoring Systems 
        for Organic HAP Emissions From Catalytic Reforming Units

    As stated in Sec. 63.1566(b)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                                      You shall install
 For each applicable process  If you use this type    and operate this
 vent for a new or existing    of control device .   type of continuous
catalytic reforming unit . .           . .           monitoring system .
              .                                              . .
------------------------------------------------------------------------
1. Option 1: Vent to a flare  Flare...............  On and after January
                                                     30, 2019, the
                                                     monitoring systems
                                                     required in Sec.
                                                     Sec. 63.670 and
                                                     63.671. Prior to
                                                     January 30, 2019,
                                                     monitoring device
                                                     such as a
                                                     thermocouple, an
                                                     ultraviolet beam
                                                     sensor, or infrared
                                                     sensor to
                                                     continuously detect
                                                     the presence of a
                                                     pilot flame, or the
                                                     monitoring systems
                                                     required in Sec.
                                                     Sec. 63.670 and
                                                     63.671.
2. Option 2: percent          Thermal incinerator,  Continuous parameter
 reduction or concentration    process heater or     monitoring systems
 limit.                        boiler with a         to measure and
                               design heat input     record the
                               capacity under 44     combustion zone
                               MW, or process        temperature.
                               heater or boiler in
                               which all vent
                               streams are not
                               introduced into the
                               flame zone.
------------------------------------------------------------------------


[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6952, Feb. 9, 
2005; 80 FR 75304, Dec. 1, 2015]



 Sec. Table 18 to Subpart UUU of Part 63--Requirements for Performance 
     Tests for Organic HAP Emissions From Catalytic Reforming Units

    As stated in Sec. 63.1566(b)(2) and (3), you shall meet each 
requirement in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
  For each new or existing catalytic                                                        According to these
         reforming unit . . .               You must . . .            Using . . .           requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Option 1: Vent to a flare.........  a. Conduct visible       Method 22 (40 CFR part   On and after January
                                        emission observations.   60, appendix A-7)        30, 2019, the flare
                                                                                          must meet the
                                                                                          requirements of Sec.
                                                                                          63.670. Prior to
                                                                                          January 30, 2019, 2-
                                                                                          hour observation
                                                                                          period. Record the
                                                                                          presence of a flame at
                                                                                          the pilot light over
                                                                                          the full period of the
                                                                                          test, or the
                                                                                          requirements of Sec.
                                                                                          63.670.
                                       b. Determine that the    40 CFR 63.11(b)(6)       On and after January
                                        flare meets the          through (8)              30, 2019, the flare
                                        requirements for net                              must meet the
                                        heating value of the                              requirements of Sec.
                                        gas being combusted                               63.670. Prior to
                                        and exit velocity.                                January 30, 2019, the
                                                                                          flare must meet the
                                                                                          control device
                                                                                          requirements in Sec.
                                                                                          63.11(b) or the
                                                                                          requirements of Sec.
                                                                                          63.670.
2. Option 2: Percent reduction or      a. Select sampling site  Method 1 or 1A (40 CFR   Sampling sites must be
 concentration limit.                                            part 60, appendix A).    located at the inlet
                                                                 No traverse site         (if you elect the
                                                                 selection method is      emission reduction
                                                                 needed for vents         standard) and outlet
                                                                 smaller than 0.10        of the control device
                                                                 meter in diameter.       and prior to any
                                                                                          releases to the
                                                                                          atmosphere.
                                       b. Measure gas           Method 2, 2A, 2C, 2D,
                                        volumetric flow rate.    2F, or 2G (40 CFR part
                                                                 60, appendix A), as
                                                                 applicable.

[[Page 188]]

 
                                       c. Measure TOC           Method 25 (40 part 60,   Take either an
                                        concentration (for       appendix A) to measure   integrated sample or
                                        percent reduction        nonmethane TOC           four grab samples
                                        standard).               concentration (in        during each run. If
                                                                 carbon equivalents) at   you use a grab
                                                                 inlet and outlet of      sampling technique,
                                                                 the control device. If   take the samples at
                                                                 the nonmethane TOC       approximately equal
                                                                 outlet concentration     intervals in time,
                                                                 is expected to be less   such as 15-minute
                                                                 than 50 ppm (as          intervals during the
                                                                 carbon), you can use     run.
                                                                 Method 25A to measure
                                                                 TOC concentration (as
                                                                 hexane) at the inlet
                                                                 and the outlet of the
                                                                 control device. If you
                                                                 use Method 25A, you
                                                                 may use Method 18 (40
                                                                 CFR part 60, appendix
                                                                 A) to measure the
                                                                 methane concentration
                                                                 to determine the
                                                                 nonmethane TOC
                                                                 concentration.
                                       d. Calculate TOC or      .......................  Calculate emission rate
                                        nonmethane TOC                                    by Equation 1 of Sec.
                                        emission rate and mass                             63.1566 (if you use
                                        emission reduction.                               Method 25) or Equation
                                                                                          2 of Sec. 63.1566
                                                                                          (if you use Method
                                                                                          25A). Calculate mass
                                                                                          emission reduction by
                                                                                          Equation 3 of Sec.
                                                                                          63.1566.
                                       e. For concentration     Method 25A (40 CFR part
                                        standard, measure TOC    60, appendix A) to
                                        concentration.           measure TOC
                                        (Optional: Measure       concentration (as
                                        methane                  hexane) at the outlet
                                        concentration.)          of the control device.
                                                                 You may elect to use
                                                                 Method 18 (40 CFR part
                                                                 60, appendix A) to
                                                                 measure the methane
                                                                 concentration.
                                       f. Determine oxygen      Method 3A or 3B (40 CFR
                                        content in the gas       part 60, appendix A),
                                        stream at the outlet     as applicable.
                                        of the control device.
                                       g. Calculate the TOC or  Equation 4 of Sec.
                                        nonmethane TOC           63.1566.
                                        concentration
                                        corrected for oxygen
                                        content (for
                                        concentration
                                        standard).
                                       h. Establish each        Data from the            Collect the temperature
                                        operating limit in       continuous parameter     monitoring data every
                                        Table 16 of this         monitoring systems.      15 minutes during the
                                        subpart that applies                              entire period of the
                                        to you for a thermal                              initial TOC
                                        incinerator, or                                   performance test.
                                        process heater or                                 Determine and record
                                        boiler with a design                              the minimum hourly
                                        heat input capacity                               average combustion
                                        under 44 MW, or                                   zone temperature.
                                        process heater or
                                        boiler in which all
                                        vent streams are not
                                        introduced into flame
                                        zone.
                                       i. If you do not use a   Data from monitoring     Procedures in the
                                        control device,          systems as identified    operation,
                                        document the purging     in the operation,        maintenance, and
                                        conditions used prior    maintenance, and         monitoring plan.
                                        to testing following     monitoring plan.
                                        the minimum
                                        requirements in the
                                        operation,
                                        maintenance, and
                                        monitoring plan.
----------------------------------------------------------------------------------------------------------------


[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6952, Feb. 9, 
2005; 80 FR 75305, Dec. 1, 2015]

[[Page 189]]



Sec. Table 19 to Subpart UUU of Part 63--Initial Compliance With Organic 
            HAP Emission Limits for Catalytic Reforming Units

    As stated in Sec. 63.1566(b)(7), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
 For each applicable process
 vent for a new or existing     For the following         You have
catalytic reforming unit . .  emission limit . . .  demonstrated initial
              .                                      compliance if . . .
------------------------------------------------------------------------
Option 1....................  Visible emissions     On and after January
                               from a flare must     30, 2019, the flare
                               not exceed a total    meets the
                               of 5 minutes during   requirements of
                               any 2 consecutive     Sec. 63.670.
                               hours.                Prior to January
                                                     30, 2019, visible
                                                     emissions, measured
                                                     using Method 22
                                                     over the 2-hour
                                                     observation period
                                                     of the performance
                                                     test, do not exceed
                                                     a total of 5
                                                     minutes, or the
                                                     flare meets the
                                                     requirements of
                                                     Sec. 63.670.
Option 2....................  Reduce uncontrolled   The mass emission
                               emissions of total    reduction of
                               organic compounds     nonmethane TOC
                               (TOC) or nonmethane   measured by Method
                               TOC from your         25 over the period
                               process vent by 98    of the performance
                               percent by weight     test is at least 98
                               using a control       percent by weight
                               device or to a        as calculated using
                               concentration of 20   Equations 1 and 3
                               ppmv (dry basis as    of Sec. 63.1566;
                               hexane), corrected    or the mass
                               to 3 percent          emission reduction
                               oxygen, whichever     of TOC measured by
                               is less stringent.    Method 25A (or
                                                     nonmethane TOC
                                                     measured by Methods
                                                     25A and 18) over
                                                     the period of the
                                                     performance test is
                                                     at least 98 percent
                                                     by weight as
                                                     calculated using
                                                     Equations 2 and 3
                                                     of Sec. 63.1566;
                                                     or the TOC
                                                     concentration
                                                     measured by Method
                                                     25A (or the
                                                     nonmethane TOC
                                                     concentration
                                                     measured by Methods
                                                     25A and 18) over
                                                     the period of the
                                                     performance test
                                                     does not exceed 20
                                                     ppmv (dry basis as
                                                     hexane) corrected
                                                     to 3 percent oxygen
                                                     as calculated using
                                                     Equation 4 of Sec.
                                                      63.1566.
------------------------------------------------------------------------


[70 FR 6953, Feb. 9, 2005, as amended at 80 FR 75305, Dec. 1, 2015]



  Sec. Table 20 to Subpart UUU of Part 63--Continuous Compliance With 
        Organic HAP Emission Limits for Catalytic Reforming Units

    As stated in Sec. 63.1566(c)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                                          You shall
                                                         demonstrate
 For each applicable process                             continuous
 vent for a new or existing     For this emission     compliance during
catalytic reforming unit . .       limit . . .        initial catalyst
              .                                       depressuring and
                                                      catalyst purging
                                                     operations by . . .
------------------------------------------------------------------------
1. Option 1.................  Vent emissions from   On and after January
                               your process vent     30, 2019, meeting
                               to a flare.           the requirements of
                                                     Sec. 63.670.
                                                     Prior to January
                                                     30, 2019,
                                                     maintaining visible
                                                     emissions from a
                                                     flare below a total
                                                     of 5 minutes during
                                                     any 2 consecutive
                                                     hours, or meeting
                                                     the requirements of
                                                     Sec. 63.670.
2. Option 2.................  Reduce uncontrolled   Maintaining a 98
                               emissions of total    percent by weight
                               organic compounds     emission reduction
                               (TOC) or nonmethane   of TOC or
                               TOC from your         nonmethane TOC; or
                               process vent by 98    maintaining a TOC
                               percent by weight     or nonmethane TOC
                               using a control       concentration of
                               device or to a        not more than 20
                               concentration of 20   ppmv (dry basis as
                               ppmv (dry basis as    hexane), corrected
                               hexane), corrected    to 3 percent
                               to 3 percent          oxygen, whichever
                               oxygen, whichever     is less stringent.
                               is less stringent.
------------------------------------------------------------------------


[70 FR 6954, Feb. 9, 2005, as amended at 80 FR 75305, Dec. 1, 2015]



  Sec. Table 21 to Subpart UUU of Part 63--Continuous Compliance With 
  Operating Limits for Organic HAP Emissions From Catalytic Reforming 
                                  Units

    As stated in Sec. 63.1566(c)(1), you shall meet each requirement in 
the following table that applies to you.

[[Page 190]]



----------------------------------------------------------------------------------------------------------------
                                                                                          You shall demonstrate
                                                                                          continuous compliance
 For each applicable process vent for                              For this operating    during initial catalyst
a new or existing catalytic reforming      If you use . . .           limit . . .            depressuring and
              unit . . .                                                                 purging operations by .
                                                                                                   . .
----------------------------------------------------------------------------------------------------------------
1. Option 1..........................  Flare..................  The flare pilot light    On and after January
                                                                 must be present at all   30, 2019, meeting the
                                                                 times and the flare      requirements of Sec.
                                                                 must be operating at     63.670. Prior to
                                                                 all times that           January 30, 2019,
                                                                 emissions may be         collecting flare
                                                                 vented to it.            monitoring data
                                                                                          according to Sec.
                                                                                          63.1572 and recording
                                                                                          for each 1-hour period
                                                                                          whether the monitor
                                                                                          was continuously
                                                                                          operating and the
                                                                                          pilot light was
                                                                                          continuously present
                                                                                          during each 1-hour
                                                                                          period, or meeting the
                                                                                          requirements of Sec.
                                                                                          63.670.
2. Option 2..........................  a. Thermal incinerator   Maintain the daily       Collecting, the hourly
                                        boiler or process        average combustion       and daily temperature
                                        heater with a design     zone temperature above   monitoring data
                                        input capacity under     the limit established    according to Sec.
                                        44 MW or boiler or       during the performance   63.1572; and
                                        process heater in        test.                    maintaining the daily
                                        which not all vent                                average combustion
                                        streams are not                                   zone temperature above
                                        introduced into the                               the limit established
                                        flame zone.                                       during the performance
                                                                                          test.
                                       b. No control device...  Operate at all times     Recording information
                                                                 according to your        to document compliance
                                                                 operation,               with the procedures in
                                                                 maintenance, and         your operation,
                                                                 monitoring plan          maintenance, and
                                                                 regarding minimum        monitoring plan.
                                                                 purging conditions
                                                                 that must be met prior
                                                                 to allowing
                                                                 uncontrolled purge
                                                                 releases.
----------------------------------------------------------------------------------------------------------------


[70 FR 6954, Feb. 9, 2005, as amended at 80 FR 75306, Dec. 1, 2015]



 Sec. Table 22 to Subpart UUU of Part 63--Inorganic HAP Emission Limits 
                      for Catalytic Reforming Units

    As stated in Sec. 63.1567(a)(1), you shall meet each emission 
limitation in the following table that applies to you.

------------------------------------------------------------------------
                                           You shall meet this emission
                                            limit for each applicable
                                             catalytic reforming unit
               For . . .                  process vent during coke burn-
                                         off and catalyst rejuvenation .
                                                       . .
------------------------------------------------------------------------
1. Each existing semi-regenerative       Reduce uncontrolled emissions
 catalytic reforming unit.                of hydrogen chloride (HCl) by
                                          92 percent by weight or to a
                                          concentration of 30 ppmv (dry
                                          basis), corrected to 3 percent
                                          oxygen.
2. Each existing cyclic or continuous    Reduce uncontrolled emissions
 catalytic reforming unit.                of HCl by 97 percent by weight
                                          or to a concentration of 10
                                          ppmv (dry basis), corrected to
                                          3 percent oxygen.
3. Each new semi-regenerative, cyclic,   Reduce uncontrolled emissions
 or continuous catalytic reforming unit.  of HCl by 97 percent by weight
                                          or to a concentration of 10
                                          ppmv (dry basis), corrected to
                                          3 percent oxygen.
------------------------------------------------------------------------


[70 FR 6955, Feb. 9, 2005, as amended at 80 FR 75306, Dec. 1, 2015]



Sec. Table 23 to Subpart UUU of Part 63--Operating Limits for Inorganic 
         HAP Emission Limitations for Catalytic Reforming Units

    As stated in Sec. 63.1567(a)(2), you shall meet each operating 
limit in the following table that applies to you.

------------------------------------------------------------------------
 For each applicable process vent
  for a new or existing catalytic    You shall meet this operating limit
 reforming unit with this type of     during coke burn-off and catalyst
       control device . . .                  rejuvenation . . .
------------------------------------------------------------------------
1. Wet scrubber...................  The daily average pH or alkalinity
                                     of the water (or scrubbing liquid)
                                     exiting the scrubber must not fall
                                     below the limit established during
                                     the performance test; and the daily
                                     average liquid-to-gas ratio must
                                     not fall below the limit
                                     established during the performance
                                     test.
2. Internal scrubbing system or no  The daily average HCl concentration
 control device (e.g., hot regen     in the catalyst regenerator exhaust
 system) meeting outlet HCl          gas must not exceed the limit
 concentration limit.                established during the performance
                                     test.

[[Page 191]]

 
3. Internal scrubbing system        The daily average pH or alkalinity
 meeting HCl percent reduction       of the water (or scrubbing liquid)
 standard.                           exiting the internal scrubbing
                                     system must not fall below the
                                     limit established during the
                                     performance test; and the daily
                                     average liquid-to-gas ratio must
                                     not fall below the limit
                                     established during the performance
                                     test.
4. Fixed-bed gas-solid adsorption   The daily average temperature of the
 system.                             gas entering or exiting the
                                     adsorption system must not exceed
                                     the limit established during the
                                     performance test; and the HCl
                                     concentration in the adsorption
                                     system exhaust gas must not exceed
                                     the limit established during the
                                     performance test.
5. Moving-bed gas-solid adsorption  The daily average temperature of the
 system (e.g., Chlorsorb \TM\        gas entering or exiting the
 System).                            adsorption system must not exceed
                                     the limit established during the
                                     performance test; and the weekly
                                     average chloride level on the
                                     sorbent entering the adsorption
                                     system must not exceed the design
                                     or manufacturer's recommended limit
                                     (1.35 weight percent for the
                                     Chlorsorb \TM\ System); and the
                                     weekly average chloride level on
                                     the sorbent leaving the adsorption
                                     system must not exceed the design
                                     or manufacturer's recommended limit
                                     (1.8 weight percent for the
                                     Chlorsorb \TM\ System).
------------------------------------------------------------------------


[70 FR 6955, Feb. 9, 2005]



 Sec. Table 24 to Subpart UUU of Part 63--Continuous Monitoring Systems 
       for Inorganic HAP Emissions From Catalytic Reforming Units

    As stated in Sec. 63.1567(b)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                          You shall install and operate
 If you use this type of control device      this type of continuous
          for your vent . . .                monitoring system . . .
------------------------------------------------------------------------
1. Wet scrubber........................  Continuous parameter monitoring
                                          system to measure and record
                                          the total water (or scrubbing
                                          liquid) flow rate entering the
                                          scrubber during coke burn-off
                                          and catalyst rejuvenation; and
                                          continuous parameter
                                          monitoring system to measure
                                          and record gas flow rate
                                          entering or exiting the
                                          scrubber during coke burn-off
                                          and catalyst rejuvenation \1\;
                                          and continuous parameter
                                          monitoring system to measure
                                          and record the pH or
                                          alkalinity of the water (or
                                          scrubbing liquid) exiting the
                                          scrubber during coke burn-off
                                          and catalyst rejuvenation. \2\
2. Internal scrubbing system or no       Colormetric tube sampling
 control device (e.g., hot regen          system to measure the HCl
 system) to meet HCl outlet               concentration in the catalyst
 concentration limit.                     regenerator exhaust gas during
                                          coke burn-off and catalyst
                                          rejuvenation. The colormetric
                                          tube sampling system must meet
                                          the requirements in Table 41
                                          of this subpart.
3. Internal scrubbing system to meet     Continuous parameter monitoring
 HCl percent reduction standard.          system to measure and record
                                          the gas flow rate entering or
                                          exiting the internal scrubbing
                                          system during coke burn-off
                                          and catalyst rejuvenation; and
                                          continuous parameter
                                          monitoring system to measure
                                          and record the total water (or
                                          scrubbing liquid) flow rate
                                          entering the internal
                                          scrubbing system during coke
                                          burn-off and catalyst
                                          rejuvenation; and continuous
                                          parameter monitoring system to
                                          measure and record the pH or
                                          alkalinity of the water (or
                                          scrubbing liquid) exiting the
                                          internal scrubbing system
                                          during coke burn-off and
                                          catalyst rejuvenation.\2\
4. Fixed-bed gas-solid adsorption        Continuous parameter monitoring
 system.                                  system to measure and record
                                          the temperature of the gas
                                          entering or exiting the
                                          adsorption system during coke
                                          burn-off and catalyst
                                          rejuvenation; and colormetric
                                          tube sampling system to
                                          measure the gaseous HCl
                                          concentration in the
                                          adsorption system exhaust and
                                          at a point within the
                                          absorbent bed not to exceed 90
                                          percent of the total length of
                                          the absorbent bed during coke
                                          burn-off and catalyst
                                          rejuvenation. The colormetric
                                          tube sampling system must meet
                                          the requirements in Table 41
                                          of this subpart.
5. Moving-bed gas-solid adsorption       Continuous parameter monitoring
 system (e.g., Chlorsorb \TM\ System)..   system to measure and record
                                          the temperature of the gas
                                          entering or exiting the
                                          adsorption system during coke
                                          burn-off and catalyst
                                          rejuvenation.
------------------------------------------------------------------------
\1\ If applicable, you can use the alternative in Sec. 63.1573 (a)(1)
  instead of a continuous parameter monitoring system for gas flow rate
  or instead of a continuous parameter monitoring system for the
  cumulative volume of gas.

[[Page 192]]

 
\2\ If applicable, you can use the alternative in Sec. 63.1573(c)(1)
  instead of a continuous parameter monitoring system for pH of the
  water (or scrubbing liquid) or the alternative in Sec. 63.1573(c)(2)
  instead of a continuous parameter monitoring system for alkalinity of
  the water (or scrubbing liquid).


[70 FR 6956, Feb. 9, 2005, as amended at 80 FR 75306, Dec. 1, 2015]



 Sec. Table 25 to Subpart UUU of Part 63--Requirements for Performance 
    Tests for Inorganic HAP Emissions From Catalytic Reforming Units

    As stated in Sec. 63.1567(b)(2) and (3), you shall meet each 
requirement in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
For each new and existing catalytic
     reforming unit using . . .          You shall . . .           Using . . .            According to these
                                                                                          requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Any or no control system........  a. Select sampling      Method 1 or 1A (40 CFR  (1) If you operate a
                                      port location(s) and    part 60, appendix A),   control device and you
                                      the number of           as applicable.          elect to meet an
                                      traverse points.                                applicable HCl percent
                                                                                      reduction standard,
                                                                                      sampling sites must be
                                                                                      located at the inlet of
                                                                                      the control device or
                                                                                      internal scrubbing system
                                                                                      and at the outlet of the
                                                                                      control device or internal
                                                                                      scrubber system prior to
                                                                                      any release to the
                                                                                      atmosphere. For a series
                                                                                      of fixed-bed systems, the
                                                                                      outlet sampling site
                                                                                      should be located at the
                                                                                      outlet of the first fixed-
                                                                                      bed, prior to entering the
                                                                                      second fixed-bed in the
                                                                                      series.
                                                                                     (2) If you elect to meet an
                                                                                      applicable HCl outlet
                                                                                      concentration limit,
                                                                                      locate sampling sites at
                                                                                      the outlet of the control
                                                                                      device or internal
                                                                                      scrubber system prior to
                                                                                      any release to the
                                                                                      atmosphere. For a series
                                                                                      of fixed-bed systems, the
                                                                                      outlet sampling site
                                                                                      should be located at the
                                                                                      outlet of the first fixed-
                                                                                      bed, prior to entering the
                                                                                      second fixed-bed in the
                                                                                      series. If there is no
                                                                                      control device, locate
                                                                                      sampling sites at the
                                                                                      outlet of the catalyst
                                                                                      regenerator prior to any
                                                                                      release to the atmosphere.
                                     b. Determine velocity   Method 2, 2A, 2C, 2D,
                                      and volumetric flow     2F, or 2G (40 CFR
                                      rate.                   part 60, appendix A),
                                                              as applicable..
                                     c. Conduct gas          Method 3, 3A, or 3B
                                      molecular weight        (40 CFR part 60,
                                      analysis.               appendix A), as
                                                              applicable.
                                     d. Measure moisture     Method 4 (40 CFR part
                                      content of the stack    60, appendix A).
                                      gas.
                                     e. Measure the HCl      Method 26 or 26A (40    (1) For semi-regenerative
                                      concentration at the    CFR part 60, appendix   and cyclic regeneration
                                      selected sampling       A). If your control     units, conduct the test
                                      locations.              device is a wet         during the coke burn-off
                                                              scrubber or internal    and catalyst rejuvenation
                                                              scrubbing system, you   cycle, but collect no
                                                              must use Method 26A.    samples during the first
                                                                                      hour or the last 6 hours
                                                                                      of the cycle (for semi-
                                                                                      regenerative units) or
                                                                                      during the first hour or
                                                                                      the last 2 hours of the
                                                                                      cycle (for cyclic
                                                                                      regeneration units). For
                                                                                      continuous regeneration
                                                                                      units, the test should be
                                                                                      conducted no sooner than 3
                                                                                      days after process unit or
                                                                                      control system start up.
                                                                                     (2) Determine and record
                                                                                      the HCl concentration
                                                                                      corrected to 3 percent
                                                                                      oxygen (using Equation 1
                                                                                      of Sec. 63.1567) for
                                                                                      each sampling location for
                                                                                      each test run.
                                                                                     (3) Determine and record
                                                                                      the percent emission
                                                                                      reduction, if applicable,
                                                                                      using Equation 3 of Sec.
                                                                                      63.1567 for each test run.
                                                                                     (4) Determine and record
                                                                                      the average HCl
                                                                                      concentration (corrected
                                                                                      to 3 percent oxygen) and
                                                                                      the average percent
                                                                                      emission reduction, if
                                                                                      applicable, for the
                                                                                      overall source test from
                                                                                      the recorded test run
                                                                                      values.

[[Page 193]]

 
2. Wet scrubber....................  a. Establish operating  i. Data from            Measure and record the pH
                                      limit for pH level or   continuous parameter    or alkalinity of the water
                                      alkalinity.             monitoring systems.     (or scrubbing liquid)
                                                                                      exiting scrubber every 15
                                                                                      minutes during the entire
                                                                                      period of the performance
                                                                                      test. Determine and record
                                                                                      the minimum hourly average
                                                                                      pH or alkalinity level
                                                                                      from the recorded values.
                                                             ii. Alternative pH      Measure and record the pH
                                                              procedure in Sec. of the water (or scrubbing
                                                              63.1573(b)(1).          liquid) exiting the
                                                                                      scrubber during coke burn-
                                                                                      off and catalyst
                                                                                      rejuvenation using pH
                                                                                      strips at least three
                                                                                      times during each test
                                                                                      run. Determine and record
                                                                                      the average pH level for
                                                                                      each test run. Determine
                                                                                      and record the minimum
                                                                                      test run average pH level.
                                                             iii. Alternative        Measure and record the
                                                              alkalinity method in    alkalinity of the water
                                                              Sec. 63.1573(c)(2).   (or scrubbing liquid)
                                                                                      exiting the scrubber
                                                                                      during coke burn-off and
                                                                                      catalyst rejuvenation
                                                                                      using discrete titration
                                                                                      at least three times
                                                                                      during each test run.
                                                                                      Determine and record the
                                                                                      average alkalinity level
                                                                                      for each test run.
                                                                                      Determine and record the
                                                                                      minimum test run average
                                                                                      alkalinity level.
                                     b. Establish operating  i. Data from            Measure and record the gas
                                      limit for liquid-to-    continuous parameter    flow rate entering or
                                      gas ratio.              monitoring systems.     exiting the scrubber and
                                                                                      the total water (or
                                                                                      scrubbing liquid) flow
                                                                                      rate entering the scrubber
                                                                                      every 15 minutes during
                                                                                      the entire period of the
                                                                                      performance test.
                                                                                      Determine and record the
                                                                                      hourly average gas flow
                                                                                      rate and total water (or
                                                                                      scrubbing liquid) flow
                                                                                      rate. Determine and record
                                                                                      the minimum liquid-to-gas
                                                                                      ratio from the recorded,
                                                                                      paired values.
                                                             ii. Alternative         Collect air flow rate
                                                              procedure for gas       monitoring data or
                                                              flow rate in Sec. determine the air flow
                                                              63.1573(a)(1).          rate using control room
                                                                                      instruments every 15
                                                                                      minutes during the entire
                                                                                      period of the initial
                                                                                      performance test.
                                                                                      Determine and record the
                                                                                      hourly average rate of all
                                                                                      the readings. Determine
                                                                                      and record the maximum gas
                                                                                      flow rate using Equation 1
                                                                                      of Sec. 63.1573.
3. Internal scrubbing system or no   Establish operating     Data from continuous    Measure and record the HCl
 control device (e.g., hot regen      limit for HCl           parameter monitoring    concentration in the
 system) meeting HCl outlet           concentration.          system.                 catalyst regenerator
 concentration limit.                                                                 exhaust gas using the
                                                                                      colormetric tube sampling
                                                                                      system at least three
                                                                                      times during each test
                                                                                      run. Determine and record
                                                                                      the average HCl
                                                                                      concentration for each
                                                                                      test run. Determine and
                                                                                      record the average HCl
                                                                                      concentration for the
                                                                                      overall source test from
                                                                                      the recorded test run
                                                                                      averages. Determine and
                                                                                      record the operating limit
                                                                                      for HCl concentration
                                                                                      using Equation 4 of Sec.
                                                                                      63.1567.
4. Internal scrubbing system         a. Establish operating  i. Data from            Measure and record the pH
 meeting HCl percent reduction        limit for pH level or   continuous parameter    alkalinity of the water
 standard.                            alkalinity.             monitoring system.      (or scrubbing liquid)
                                                                                      exiting the internal
                                                                                      scrubbing system every 15
                                                                                      minutes during the entire
                                                                                      period of the performance
                                                                                      test. Determine and record
                                                                                      the minimum hourly average
                                                                                      pH or alkalinity level
                                                                                      from the recorded values.
                                                             ii. Alternative pH      Measure and in record pH of
                                                              method in Sec. the water (or scrubbing
                                                              63.1573(c)(1).          liquid) exiting the
                                                                                      internal scrubbing system
                                                                                      during coke burn-off and
                                                                                      catalyst rejuvenation
                                                                                      using pH strips at least
                                                                                      three times during each
                                                                                      test run. Determine and
                                                                                      record the average pH
                                                                                      level for each test run.
                                                                                      Determine and record the
                                                                                      minimum test run average
                                                                                      pH level.
                                                             iii. Alternative        Measure and record the
                                                              alkalinity method in    alkalinity water (or
                                                              Sec. 63.1573(c)(2).   scrubbing liquid) exiting
                                                                                      the internal scrubbing
                                                                                      system during coke burn-
                                                                                      off and catalyst
                                                                                      rejuvenation using
                                                                                      discrete titration at
                                                                                      least three times during
                                                                                      each test run. Determine
                                                                                      and record the average
                                                                                      alkalinity level for each
                                                                                      test run. Determine and
                                                                                      record the minimum test
                                                                                      run average alkalinity
                                                                                      level.

[[Page 194]]

 
                                     b. Establish operating  Data from continuous    Measure and record the gas
                                      limit for liquid-to-    parameter monitoring    entering or exiting the
                                      gas ratio.              systems.                internal scrubbing system
                                                                                      and the total water (or
                                                                                      scrubbing liquid) flow
                                                                                      rate entering the internal
                                                                                      scrubbing system every 15
                                                                                      minutes during the entire
                                                                                      period of the performance
                                                                                      test. Determine and record
                                                                                      the hourly average gas
                                                                                      flow rate and total water
                                                                                      (or scrubbing liquid) flow
                                                                                      rate. Determine and record
                                                                                      the minimum liquid-to-gas
                                                                                      ratio from the recorded,
                                                                                      paired values.
5. Fixed-bed gas-solid adsorption    a. Establish operating  Data from continuous    Measure and record the
 system. Gas-solid.                   limit for temperature.  parameter monitoring    temperature of gas
                                                              system.                 entering or exiting the
                                                                                      adsorption system every 15
                                                                                      minutes. Determine and
                                                                                      record the maximum hourly
                                                                                      average temperature.
                                     b. Establish operating  i. Data from            (1) Measure and record the
                                      limit for HCl           continuous parameter    HCl concentration in the
                                      concentration.          monitoring systems.     exhaust gas from the fixed-
                                                                                      bed adsorption system
                                                                                      using the colormetric tube
                                                                                      sampling system at least
                                                                                      three times during each
                                                                                      test run. Determine and
                                                                                      record the average HCl
                                                                                      concentration for each
                                                                                      test run. Determine and
                                                                                      record the average HCl
                                                                                      concentration for the
                                                                                      overall source test from
                                                                                      the recorded test run
                                                                                      averages.
                                                                                     (2) If you elect to comply
                                                                                      with the HCl outlet
                                                                                      concentration limit
                                                                                      (Option 2), determine and
                                                                                      record the operating limit
                                                                                      for HCl concentration
                                                                                      using Equation 4 of Sec.
                                                                                      63.1567. If you elect to
                                                                                      comply with the HCl
                                                                                      percent reduction standard
                                                                                      (Option 1), determine and
                                                                                      record the operating limit
                                                                                      for HCl concentration
                                                                                      using Equation 5 of Sec.
                                                                                      63.1567.
6. Moving-bed gas-solid adsorption   a. Establish operating  Data from continuous    Measure and record the
 system (e.g., Chlorsorb \TM\         limit for temperature.  parameter monitoring    temperature of gas
 System).                                                     systems.                entering or exiting the
                                                                                      adsorption system every 15
                                                                                      minutes. Determine and
                                                                                      record the maximum hourly
                                                                                      average temperature.
                                     b. Measure the          Determination of Metal  Measure and record the
                                      chloride level on the   Concentration on        chloride concentration of
                                      sorbent entering and    Catalyst Particles      the sorbent material
                                      exiting the             (Instrumental           entering and exiting the
                                      adsorption system.      Analyzer Procedure)     adsorption system at least
                                                              in appendix A to        three times during each
                                                              subpart UUU; or EPA     test run. Determine and
                                                              Method 5050 combined    record the average weight
                                                              either with EPA         percent chloride
                                                              Method 9056, or with    concentration of the
                                                              EPA Method 9253; or     sorbent entering the
                                                              EPA Method 9212 with    adsorption system for each
                                                              the soil extraction     test run. Determine and
                                                              procedures listed       record the average weight
                                                              within the method.\1\   percent chloride
                                                                                      concentration of the
                                                                                      sorbent exiting the
                                                                                      adsorption system for each
                                                                                      test run.
----------------------------------------------------------------------------------------------------------------
\1\ The EPA Methods 5050, 9056, 9212 and 9253 are included in ``Test Methods for Evaluating Solid Waste,
  Physical/Chemical Methods,'' EPA Publication SW-846, Revision 5 (April 1998). The SW-846 and Updates (document
  number 955-001-00000-1) are available for purchase from the Superintendent of Documents, U.S. Government
  Printing Office, Washington, DC 20402, (202) 512-1800; and from the National Technical Information Services
  (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650. Copies may be inspected at the EPA Docket
  Center, William Jefferson Clinton (WJC) West Building (Air Docket), Room 3334, 1301 Constitution Ave. NW.,
  Washington, DC; or at the Office of the Federal Register, 800 North Capitol Street NW., Suite 700, Washington,
  DC. These methods are also available at http://www.epa.gov/epaoswer /hazwaste/test/main.htm.


[70 FR 6956, Feb. 9, 2005, as amended at 80 FR 75307, Dec. 1, 2015]



    Sec. Table 26 to Subpart UUU of Part 63--Initial Compliance With 
       Inorganic HAP Emission Limits for Catalytic Reforming Units

    As stated in Sec. 63.1567(b)(4), you shall meet each requirement in 
the following table that applies to you.

[[Page 195]]



------------------------------------------------------------------------
                                                          You have
          For . . .             For the following   demonstrated initial
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------
1. Each existing semi-        Reduce uncontrolled   Average emissions
 regenerative catalytic        emissions of HCl by   HCl measured using
 reforming unit.               92 percent by         Method 26 or 26A,
                               weight or to a        as applicable, over
                               concentration of 30   the period of the
                               ppmv, (dry basis),    performance test,
                               corrected to 3        are reduced by 92
                               percent oxygen.       percent or to a
                                                     concentration less
                                                     than or equal to 30
                                                     ppmv (dry basis)
                                                     corrected to 3
                                                     percent oxygen.
2. Each existing cyclic or    Reduce uncontrolled   Average emissions of
 continuous catalytic          emissions of HCl by   HCl measured using
 reforming unit and each new   97 percent by         Method 26 or 26A,
 semi-regenerative, cyclic,    weight or to a        as applicable, over
 or continuous catalytic       concentration of 10   the period of the
 reforming unit.               ppmv (dry basis),     performance test,
                               corrected to 3        are reduced by 97
                               percent oxygen.       percent or to a
                                                     concentration less
                                                     than or equal to 10
                                                     ppmv (dry basis)
                                                     corrected to 3
                                                     percent oxygen.
------------------------------------------------------------------------


[70 FR 6959, Feb. 9, 2005]



  Sec. Table 27 to Subpart UUU of Part 63--Continuous Compliance With 
       Inorganic HAP Emission Limits for Catalytic Reforming Units

    As stated in Sec. 63.1567(c)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                                          You shall
                                                         demonstrate
                                                         continuous
                                For this emission     compliance during
          For . . .                limit . . .        coke burn-off and
                                                          catalyst
                                                     rejuvenation by . .
                                                              .
------------------------------------------------------------------------
1. Each existing semi-        Reduce uncontrolled   Maintaining a 92
 regenerative catalytic        emissions of HCl by   percent HCl
 reforming unit.               92 percent by         emission reduction
                               weight or to a        or an HCl
                               concentration of 30   concentration no
                               ppmv (dry basis),     more than 30 ppmv
                               corrected to 3        (dry basis),
                               percent oxygen..      corrected to 3
                                                     percent oxygen.
2. Each existing cyclic or    Reduce uncontrolled   Maintaining a 97
 continuous catalytic          emissions of HCl by   percent HCl control
 reforming unit.               97 percent by         efficiency or an
                               weight or to a        HCl concentration
                               concentration of 10   no more than 10
                               ppmv (dry basis),     ppmv (dry basis),
                               corrected to 3        corrected to 3
                               percent oxygen.       percent oxygen.
3. Each new semi-             Reduce uncontrolled   Maintaining a 97
 regenerative, cyclic, or      emissions of HCl by   percent HCl control
 continuous catalytic          97 percent by         efficiency or an
 reforming unit.               weight or to a        HCl concentration
                               concentration of 10   no more than 10
                               ppmv (dry basis),     ppmv (dry basis),
                               corrected to 3        corrected to 3
                               percent oxygen.       percent oxygen.
------------------------------------------------------------------------


[70 FR 6960, Feb. 9, 2005]



  Sec. Table 28 to Subpart UUU of Part 63--Continuous Compliance With 
 Operating Limits for Inorganic HAP Emissions From Catalytic Reforming 
                                  Units

    As stated in Sec. 63.1567(c)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                                          You shall
                                                         demonstrate
  For each new and existing                              continuous
  catalytic reforming unit     For this operating     compliance during
 using this type of control        limit . . .        coke burn-off and
   device or system . . .                                 catalyst
                                                     rejuvenation by . .
                                                              .
------------------------------------------------------------------------
1. Wet scrubber.............  a. The daily average  Collecting the
                               pH or alkalinity of   hourly and daily
                               the water (or         average pH or
                               scrubbing liquid)     alkalinity
                               exiting the           monitoring data
                               scrubber must not     according to Sec.
                               fall below the        63.1572 \1\; and
                               level established     maintaining the
                               during the            daily average pH or
                               performance test.     alkalinity above
                                                     the operating limit
                                                     established during
                                                     the performance
                                                     test.
                              b. The daily average  Collecting the
                               liquid-to-gas ratio   hourly average gas
                               must not fall below   flow rate \2\ and
                               the level             total water (or
                               established during    scrubbing liquid)
                               the performance       flow rate
                               test.                 monitoring data
                                                     according to Sec.
                                                     63.1572; and
                                                     determining and
                                                     recording the
                                                     hourly average
                                                     liquid-to-gas
                                                     ratio; and
                                                     determining and
                                                     recording the daily
                                                     average liquid-to-
                                                     gas ratio; and
                                                     maintaining the
                                                     daily average
                                                     liquid-to-gas ratio
                                                     above the limit
                                                     established during
                                                     the performance
                                                     test.

[[Page 196]]

 
2. Internal scrubbing system  The daily average     Measuring and
 or no control device (e.g.,   HCl concentration     recording the HCl
 hot regen system) meeting     in the catalyst       concentration at
 HCl concentration limit.      regenerator exhaust   least 4 times
                               gas must not exceed   during a
                               the limit             regeneration cycle
                               established during    (equally spaced in
                               the performance       time) or every 4
                               test.                 hours, whichever is
                                                     more frequent,
                                                     using a colormetric
                                                     tube sampling
                                                     system; calculating
                                                     the daily average
                                                     HCl concentration
                                                     as an arithmetic
                                                     average of all
                                                     samples collected
                                                     in each 24-hour
                                                     period from the
                                                     start of the coke
                                                     burn-off cycle or
                                                     for the entire
                                                     duration of the
                                                     coke burn-off cycle
                                                     if the coke burn-
                                                     off cycle is less
                                                     than 24 hours; and
                                                     maintaining the
                                                     daily average HCl
                                                     concentration below
                                                     the applicable
                                                     operating limit.
3. Internal scrubbing system  a. The daily average  Collecting the
 meeting percent HCl           pH or alkalinity of   hourly and daily
 reduction standard.           the water (or         average pH or
                               scrubbing liquid)     alkalinity
                               exiting the           monitoring data
                               internal scrubbing    according to Sec.
                               system must not       63.1572 \1\ and
                               fall below the        maintaining the
                               limit established     daily average pH or
                               during the            alkalinity above
                               performance test.     the operating limit
                                                     established during
                                                     the performance
                                                     test.
                              b. The daily average  Collecting the
                               liquid-to-gas ratio   hourly average gas
                               must not fall below   flow rate \2\ and
                               the level             total water (or
                               established during    scrubbing liquid)
                               the performance       flow rate
                               test.                 monitoring data
                                                     according to Sec.
                                                     63.1572; and
                                                     determining and
                                                     recording the
                                                     hourly average
                                                     liquid-to-gas
                                                     ratio; and
                                                     determining and
                                                     recording the daily
                                                     average liquid-to-
                                                     gas ratio; and
                                                     maintaining the
                                                     daily average
                                                     liquid-to-gas ratio
                                                     above the limit
                                                     established during
                                                     the performance
                                                     test.
4. Fixed-bed gas-solid        a. The daily average  Collecting the
 adsorption systems.           temperature of the    hourly and daily
                               gas entering or       average temperature
                               exiting the           monitoring data
                               adsorption system     according to Sec.
                               must not exceed the   63.1572; and
                               limit established     maintaining the
                               during the            daily average
                               performance test.     temperature below
                                                     the operating limit
                                                     established during
                                                     the performance
                                                     test.
                              b. The HCl            Measuring and
                               concentration in      recording the
                               the exhaust gas       concentration of
                               from the fixed-bed    HCl weekly or
                               gas-solid             during each
                               adsorption system     regeneration cycle,
                               must not exceed the   whichever is less
                               limit established     frequent, using a
                               during the            colormetric tube
                               performance test.     sampling system at
                                                     a point within the
                                                     adsorbent bed not
                                                     to exceed 90
                                                     percent of the
                                                     total length of the
                                                     adsorption bed
                                                     during coke-burn-
                                                     off and catalyst
                                                     rejuvenation;
                                                     implementing
                                                     procedures in the
                                                     operating and
                                                     maintenance plan if
                                                     the HCl
                                                     concentration at
                                                     the sampling
                                                     location within the
                                                     adsorption bed
                                                     exceeds the
                                                     operating limit;
                                                     and maintaining the
                                                     HCl concentration
                                                     in the gas from the
                                                     adsorption system
                                                     below the
                                                     applicable
                                                     operating limit.
5. Moving-bed gas-solid       a. The daily average  Collecting the
 adsorption system (e.g.,      temperature of the    hourly and daily
 Chlorsorb\TM\ System).        gas entering or       average temperature
                               exiting the           monitoring data
                               adsorption system     according to Sec.
                               must not exceed the   63.1572; and
                               limit established     maintaining the
                               during the            daily average
                               performance test.     temperature below
                                                     the operating limit
                                                     established during
                                                     the performance
                                                     test.
                              b. The weekly         Collecting samples
                               average chloride      of the sorbent
                               level on the          exiting the
                               sorbent entering      adsorption system
                               the adsorption        three times per
                               system must not       week (on non-
                               exceed the design     consecutive days);
                               or manufacturer's     and analyzing the
                               recommended limit     samples for total
                               (1.35 weight          chloride\3\; and
                               percent for the       determining and
                               Chlorsorb\TM\         recording the
                               System).              weekly average
                                                     chloride
                                                     concentration; and
                                                     maintaining the
                                                     chloride
                                                     concentration below
                                                     the design or
                                                     manufacturer's
                                                     recommended limit
                                                     (1.35 weight
                                                     percent for the
                                                     Chlorsorb\TM\
                                                     System).

[[Page 197]]

 
                              c. The weekly         Collecting samples
                               average chloride      of the sorbent
                               level on the          exiting the
                               sorbent exiting the   adsorption system
                               adsorption system     three times per
                               must not exceed the   week (on non-
                               design or             consecutive days);
                               manufacturer's        and analyzing the
                               recommended limit     samples for total
                               (1.8 weight percent   chloride
                               for the               concentration; and
                               Chlorsorb\TM\         determining and
                               System).              recording the
                                                     weekly average
                                                     chloride
                                                     concentration; and
                                                     maintaining the
                                                     chloride
                                                     concentration below
                                                     the design or
                                                     manufacturer's
                                                     recommended limit
                                                     (1.8 weight percent
                                                     Chlorsorb\TM\
                                                     System).
------------------------------------------------------------------------
\1\ If applicable, you can use either alternative in Sec. 63.1573(c)
  instead of a continuous parameter monitoring system for pH or
  alkalinity if you used the alternative method in the initial
  performance test.
\2\ If applicable, you can use the alternative in Sec. 63.1573(a)(1)
  instead of a continuous parameter monitoring system for the gas flow
  rate or cumulative volume of gas entering or exiting the system if you
  used the alternative method in the initial performance test.
\3\ The total chloride concentration of the sorbent material must be
  measured by the procedure, ``Determination of Metal Concentration on
  Catalyst Particles (Instrumental Analyzer Procedure)'' in appendix A
  to this subpart; or by using EPA Method 5050, Bomb Preparation Method
  for Solid Waste, combined either with EPA Method 9056, Determination
  of Inorganic Anions by Ion Chromatography, or with EPA Method 9253,
  Chloride (Titrimetric, Silver Nitrate); or by using EPA Method 9212,
  Potentiometric Determination of Chloride in Aqueous Samples with Ion-
  Selective Electrode, and using the soil extraction procedures listed
  within the method. The EPA Methods 5050, 9056, 9212 and 9253 are
  included in ``Test Methods for Evaluating Solid Waste, Physical/
  Chemical Methods,'' EPA Publication SW-846, Revision 5 (April 1998).
  The SW-846 and Updates (document number 955-001-00000-1) are available
  for purchase from the Superintendent of Documents, U.S. Government
  Printing Office, Washington, DC 20402, (202) 512-1800; and from the
  National Technical Information Services (NTIS), 5285 Port Royal Road,
  Springfield, VA 22161, (703) 487-4650. Copies may be inspected at the
  EPA Docket Center, William Jefferson Clinton (WJC) West Building, (Air
  Docket), Room 3334, 1301 Constitution Ave. NW., Washington, DC; or at
  the Office of the Federal Register, 800 North Capitol Street NW.,
  Suite 700, Washington, DC. These methods are also available at http://
  www.epa.gov/epaoswer /hazwaste/test/main.htm.


[70 FR 6954, Feb. 9, 2005, as amended at 80 FR 75308, Dec. 1, 2015]



Sec. Table 29 to Subpart UUU of Part 63--HAP Emission Limits for Sulfur 
                             Recovery Units

    As stated in Sec. 63.1568(a)(1), you shall meet each emission 
limitation in the following table that applies to you.

------------------------------------------------------------------------
                                           You shall meet this emission
               For . . .                 limit for each process vent . .
                                                        .
------------------------------------------------------------------------
1. Subject to NSPS. Each new or          a. 250 ppmv (dry basis) of
 existing Claus sulfur recovery unit      sulfur dioxide (SO2) at zero
 part of a sulfur recovery plant with     percent excess air, or
 design capacity greater than 20 long     concentration determined using
 tons per day (LTD) and subject to the    Equation 1 of 40 CFR
 NSPS for sulfur oxides in 40 CFR         60.102a(f)(1)(i), if you use
 60.104(a)(2) or 60.102a(f)(1).           an oxidation control system or
                                          if you use a reduction control
                                          system followed by
                                          incineration.
                                         b. 300 ppmv of reduced sulfur
                                          compounds calculated as ppmv
                                          SO2 (dry basis) at zero
                                          percent excess air, or
                                          concentration determined using
                                          Equation 1 of 40 CFR
                                          60.102a(f)(1)(i), if you use a
                                          reduction control system
                                          without incineration.
2. Option 1: Elect NSPS. Each new or     a. 250 ppmv (dry basis) of SO2
 existing sulfur recovery unit (Claus     at zero percent excess air, or
 or other type, regardless of size) not   concentration determined using
 subject to the NSPS for sulfur oxides    Equation 1 of 40 CFR
 in 40 CFR 60.104(a)(2) or                60.102a(f)(1)(i), if you use
 60.102a(f)(1).                           an oxidation control system or
                                          if you use a reduction control
                                          system followed by
                                          incineration.
                                         b. 300 ppmv of reduced sulfur
                                          compounds calculated as ppmv
                                          SO2 (dry basis) at zero
                                          percent excess air, or
                                          concentration determined using
                                          Equation 1 of 40 CFR
                                          60.102a(f)(1)(i), if you use a
                                          reduction control system
                                          without incineration.
3. Option 2: TRS limit. Each new or      300 ppmv of total reduced
 existing sulfur recovery unit (Claus     sulfur (TRS) compounds,
 or other type, regardless of size) not   expressed as an equivalent SO2
 subject to the NSPS for sulfur oxides    concentration (dry basis) at
 in 40 CFR 60.104(a)(2) or                zero percent oxygen.
 60.102a(f)(1).
------------------------------------------------------------------------


[80 FR 75309, Dec. 1, 2015]



   Sec. Table 30 to Subpart UUU of Part 63--Operating Limits for HAP 
                  Emissions From Sulfur Recovery Units

    As stated in Sec. 63.1568(a)(2), you shall meet each operating 
limit in the following table that applies to you.

[[Page 198]]



------------------------------------------------------------------------
                                                     You shall meet this
          For . . .            If use this type of   operating limit . .
                              control device . . .            .
------------------------------------------------------------------------
1. Subject to NSPS. Each new  Not applicable......  Not applicable.
 or existing Claus sulfur
 recovery unit part of a
 sulfur recovery plant with
 design capacity greater
 than 20 LTD and subject to
 the NSPS for sulfur oxides
 in 40 CFR 60.104(a)(2) or
 60.102a(f)(1).
2. Option 1: Elect NSPS.      Not applicable......  Not applicable.
 Each new or existing sulfur
 recovery unit (Claus or
 other type, regardless of
 size) not subject to the
 NSPS for sulfur oxides in
 40 CFR 60.104(a)(2) or
 60.102a(f)(1).
3. Option 2: TRS limit, if    Not applicable......  Not applicable.
 using continuous emissions
 monitoring systems. Each
 new or existing sulfur
 recovery unit (Claus or
 other type, regardless of
 size) not subject to the
 NSPS for sulfur oxides in
 40 CFR 60.104(a)(2) or
 60.102a(f)(1).
4. Option 2: TRS limit, if    Thermal incinerator.  Maintain the daily
 using continuous parameter                          average combustion
 monitoring systems. Each                            zone temperature
 new or existing sulfur                              above the limit
 recovery unit (Claus or                             established during
 other type, regardless of                           the performance
 size) not subject to the                            test; and maintain
 NSPS for sulfur oxides in                           the daily average
 40 CFR 60.104(a)(2) or                              oxygen
 60.102a(f)(1).                                      concentration in
                                                     the vent stream
                                                     (percent, dry
                                                     basis) above the
                                                     limit established
                                                     during the
                                                     performance test.
5. Startup or shutdown        Flare...............  On and after January
 option 1: Electing to                               30, 2019, meet the
 comply with Sec. applicable
 63.1568(a)(4)(ii). Each new                         requirements of
 or existing sulfur recovery                         Sec. 63.670.
 unit (Claus or other type,                          Prior to January
 regardless of size) during                          30, 2019, meet the
 periods of startup or                               applicable
 shutdown.                                           requirements of
                                                     either Sec.
                                                     63.11(b) or Sec.
                                                     63.670.
6. Startup or shutdown        Thermal incinerator   Maintain the hourly
 option 2: Electing to         or thermal oxidizer.  average combustion
 comply with Sec. zone temperature at
 63.1568(a)(4)(iii). Each                            or above 1,200
 new or existing sulfur                              degrees Fahrenheit
 recovery unit (Claus or                             and maintain the
 other type, regardless of                           hourly average
 size) during startup or                             oxygen
 shutdown events.                                    concentration in
                                                     the exhaust gas
                                                     stream at or above
                                                     2 volume percent
                                                     (dry basis).
------------------------------------------------------------------------


[80 FR 75310, Dec. 1, 2015]



 Sec. Table 31 to Subpart UUU of Part 63--Continuous Monitoring Systems 
              for HAP Emissions From Sulfur Recovery Units

    As stated in Sec. 63.1568(b)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                                      You shall install
                                                      and operate this
          For . . .           For this limit . . .       continuous
                                                     monitoring system .
                                                             . .
------------------------------------------------------------------------
1. Subject to NSPS. Each new  a. 250 ppmv (dry      Continuous emission
 or existing Claus sulfur      basis) of SO2 at      monitoring system
 recovery unit part of a       zero percent excess   to measure and
 sulfur recovery plant with    air if you use an     record the hourly
 design capacity greater       oxidation or          average
 than 20 LTD and subject to    reduction control     concentration of
 the NSPS for sulfur oxides    system followed by    SO2 (dry basis) at
 in 40 CFR 60.104(a)(2) or     incineration.         zero percent excess
 60.102a(f)(1).                                      air for each
                                                     exhaust stack. This
                                                     system must include
                                                     an oxygen monitor
                                                     for correcting the
                                                     data for excess
                                                     air.
                              b. 300 ppmv of        Continuous emission
                               reduced sulfur        monitoring system
                               compounds             to measure and
                               calculated as ppmv    record the hourly
                               SO2 (dry basis) at    average
                               zero percent excess   concentration of
                               air if you use a      reduced sulfur and
                               reduction control     oxygen (O2)
                               system without        emissions.
                               incineration.         Calculate the
                                                     reduced sulfur
                                                     emissions as SO2
                                                     (dry basis) at zero
                                                     percent excess air.
                                                     Exception: You can
                                                     use an instrument
                                                     having an air or
                                                     SO2 dilution and
                                                     oxidation system to
                                                     convert the reduced
                                                     sulfur to SO2 for
                                                     continuously
                                                     monitoring and
                                                     recording the
                                                     concentration (dry
                                                     basis) at zero
                                                     percent excess air
                                                     of the resultant
                                                     SO2 instead of the
                                                     reduced sulfur
                                                     monitor. The
                                                     monitor must
                                                     include an oxygen
                                                     monitor for
                                                     correcting the data
                                                     for excess oxygen.

[[Page 199]]

 
                              c. If you use         i. Complete either
                               Equation 1 of 40      item 1.a or item
                               CFR                   1.b; and
                               60.102a(f)(1)(i) to  ii. Either a
                               set your emission     continuous emission
                               limit.                monitoring system
                                                     to measure and
                                                     record the O2
                                                     concentration for
                                                     the inlet air/
                                                     oxygen supplied to
                                                     the system or a
                                                     continuous
                                                     parameter
                                                     monitoring system
                                                     to measure and
                                                     record the
                                                     volumetric gas flow
                                                     rate of ambient air
                                                     and purchased
                                                     oxygen-enriched
                                                     gas.
2. Option 1: Elect NSPS.      a. 250 ppmv (dry      Continuous emission
 Each new or existing sulfur   basis) of SO2 at      monitoring system
 recovery unit (Claus or       zero percent excess   to measure and
 other type, regardless of     air if you use an     record the hourly
 size) not subject to the      oxidation or          average
 NSPS for sulfur oxides in     reduction control     concentration of
 40 CFR 60.104(a)(2) or        system followed by    SO2 (dry basis), at
 60.102a(f)(1).                incineration.         zero percent excess
                                                     air for each
                                                     exhaust stack. This
                                                     system must include
                                                     an oxygen monitor
                                                     for correcting the
                                                     data for excess
                                                     air.
                              b. 300 ppmv of        Continuous emission
                               reduced sulfur        monitoring system
                               compounds             to measure and
                               calculated as ppmv    record the hourly
                               SO2 (dry basis) at    average
                               zero percent excess   concentration of
                               air if you use a      reduced sulfur and
                               reduction control     O2 emissions for
                               system without        each exhaust stack.
                               incineration.         Calculate the
                                                     reduced sulfur
                                                     emissions as SO2
                                                     (dry basis), at
                                                     zero percent excess
                                                     air. Exception: You
                                                     can use an
                                                     instrument having
                                                     an air or O2
                                                     dilution and
                                                     oxidation system to
                                                     convert the reduced
                                                     sulfur to SO2 for
                                                     continuously
                                                     monitoring and
                                                     recording the
                                                     concentration (dry
                                                     basis) at zero
                                                     percent excess air
                                                     of the resultant
                                                     SO2 instead of the
                                                     reduced sulfur
                                                     monitor. The
                                                     monitor must
                                                     include an oxygen
                                                     monitor for
                                                     correcting the data
                                                     for excess oxygen.
                              c. If you use         i. Complete either
                               Equation 1 of 40      item 2.a or item
                               CFR                   2.b; and
                               60.102a(f)(1)(i) to  ii. Either a
                               set your emission     continuous emission
                               limit.                monitoring system
                                                     to measure and
                                                     record the O2
                                                     concentration for
                                                     the inlet air/
                                                     oxygen supplied to
                                                     the system, or a
                                                     continuous
                                                     parameter
                                                     monitoring system
                                                     to measure and
                                                     record the
                                                     volumetric gas flow
                                                     rate of ambient air
                                                     and purchased
                                                     oxygen-enriched
                                                     gas.
3. Option 2: TRS limit. Each  a. 300 ppmv of total  i. Continuous
 new or existing sulfur        reduced sulfur        emission monitoring
 recovery unit (Claus or       (TRS) compounds,      system to measure
 other type, regardless of     expressed as an       and record the
 size) not subject to the      equivalent SO2        hourly average
 NSPS for sulfur oxides in     concentration (dry    concentration of
 40 CFR 60.104(a)(2) or        basis) at zero        TRS for each
 60.102a(f)(1).                percent oxygen.       exhaust stack; this
                                                     monitor must
                                                     include an oxygen
                                                     monitor for
                                                     correcting the data
                                                     for excess oxygen;
                                                     or
                                                    ii. Continuous
                                                     parameter
                                                     monitoring systems
                                                     to measure and
                                                     record the
                                                     combustion zone
                                                     temperature of each
                                                     thermal incinerator
                                                     and the oxygen
                                                     content (percent,
                                                     dry basis) in the
                                                     vent stream of the
                                                     incinerator.
4. Startup or shutdown        Any.................  On and after January
 option 1: electing to                               30, 2019,
 comply with Sec. monitoring systems
 63.1568(a)(4)(ii). Each new                         as specified in
 or existing sulfur recovery                         Sec. Sec. 63.670
 unit (Claus or other type,                          and 63.671. Prior
 regardless of size) during                          to January 30,
 periods of startup or                               2019, either
 shutdown.                                           continuous
                                                     parameter
                                                     monitoring systems
                                                     following the
                                                     requirements in
                                                     Sec. 63.11 (to
                                                     detect the presence
                                                     of a flame; to
                                                     measure and record
                                                     the net heating
                                                     value of the gas
                                                     being combusted;
                                                     and to measure and
                                                     record the
                                                     volumetric flow of
                                                     the gas being
                                                     combusted) or
                                                     monitoring systems
                                                     as specified in
                                                     Sec. Sec. 63.670
                                                     and 63.671.

[[Page 200]]

 
5. Startup or shutdown        Any.................  Continuous parameter
 option 2: electing to                               monitoring systems
 comply with Sec. to measure and
 63.1568(a)(4)(iii). Each                            record the firebox
 new or existing sulfur                              temperature of each
 recovery unit (Claus or                             thermal incinerator
 other type, regardless of                           or oxidizer and the
 size) during periods of                             oxygen content
 startup or shutdown.                                (percent, dry
                                                     basis) in the
                                                     exhaust vent from
                                                     the incinerator or
                                                     oxidizer.
------------------------------------------------------------------------


[80 FR 75310, Dec. 1, 2015]



 Sec. Table 32 to Subpart UUU of Part 63--Requirements for Performance 
 Tests for HAP Emissions From Sulfur Recovery Units Not Subject to the 
           New Source Performance Standards for Sulfur Oxides

    As stated in Sec. 63.1568(b)(2) and (3), you shall meet each 
requirement in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                                                                            According to these
              For . . .                     You must . . .            Using . . .           requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Option 1: Elect NSPS. Each new and  a. Measure SO2           Data from continuous     Collect SO2 monitoring
 existing sulfur recovery unit.         concentration (for an    emission monitoring      data every 15 minutes
                                        oxidation or reduction   system.                  for 24 consecutive
                                        system followed by                                operating hours.
                                        incineration) or                                  Reduce the data to 1-
                                        measure the                                       hour averages computed
                                        concentration of                                  from four or more data
                                        reduced sulfur (or SO2                            points equally spaced
                                        if you use an                                     over each 1-hour
                                        instrument to convert                             period.
                                        the reduced sulfur to
                                        SO2) for a reduction
                                        control system without
                                        incineration.
                                       b. Measure O2            i. Data from continuous  Collect O2 monitoring
                                        concentration for the    emission monitoring      data every 15 minutes
                                        inlet air/oxygen         system; or               for 24 consecutive
                                        supplied to the                                   operating hours.
                                        system, if using                                  Reduce the data to 1-
                                        Equation 1 of 40 CFR                              hour averages computed
                                        60.102a(f)1)(i) to set                            from four or more data
                                        your emission limit.                              points equally spaced
                                        You may use either an                             over each 1-hour
                                        O2 CEMS method in item                            period; and average
                                        1.b.i of this table or                            over the 24-hour
                                        the flow monitor in                               period for input to
                                        item 1.b.ii of this                               Equation 1 of 40 CFR
                                        table.                                            60.102a(f)(1)(i).
                                                                ii. Data from flow       Collect gas flow rate
                                                                 monitor for ambient      monitoring data every
                                                                 air and purchased        15 minutes for 24
                                                                 oxygen-enriched gas.     consecutive operating
                                                                                          hours. Reduce the data
                                                                                          to 1-hour averages
                                                                                          computed from 4 or
                                                                                          more data points
                                                                                          equally spaced over
                                                                                          each 1-hour period;
                                                                                          calculate the hourly
                                                                                          O2 percent using
                                                                                          Equation 10 of 40 CFR
                                                                                          60.106a(a)(6)(iv); and
                                                                                          average over the 24-
                                                                                          hour period for input
                                                                                          to Equation 1 of 40
                                                                                          CFR 60.102a(f)(1)(i).
2. Option 2: TRS limit, using CEMS.    Measure the              Data from continuous     Collect TRS data every
 Each new and existing sulfur           concentration of         emission monitoring      15 minutes for 24
 recovery unit.                         reduced sulfur (or SO2   system.                  consecutive operating
                                        if you use an                                     hours. Reduce the data
                                        instrument to convert                             to 1-hour averages
                                        the reduced sulfur to                             computed from four or
                                        SO2).                                             more data points
                                                                                          equally spaced over
                                                                                          each 1-hour period.
3. Option 2: TRS limit, if using       a. Select sampling       Method 1 or 1A in        Sampling sites must be
 continuous parameter monitoring        port's location and      Appendix A-1 to part     located at the outlet
 systems. Each new and existing         the number of traverse   60 of this chapter.      of the control device
 sulfur recovery unit.                  ports.                                            and prior to any
                                                                                          releases to the
                                                                                          atmosphere.

[[Page 201]]

 
                                       b. Determine velocity    Method 2, 2A, 2C, 2D,
                                        and volumetric flow      or 2F in appendix A-1
                                        rate.                    to part 60 of this
                                                                 chapter, or Method 2G
                                                                 in appendix A-2 to
                                                                 part 60 of this
                                                                 chapter, as applicable.
                                       c. Conduct gas           Method 3, 3A, or 3B in   Take the samples
                                        molecular weight         appendix A-2 to part     simultaneously with
                                        analysis; obtain the     60 of this chapter, as   reduced sulfur or
                                        oxygen concentration     applicable.              moisture samples.
                                        needed to correct the
                                        emission rate for
                                        excess air.
                                       d. Measure moisture      Method 4 in appendix A-  Make your sampling time
                                        content of the stack     3 to part 60 of this     for each Method 4
                                        gas.                     chapter.                 sample equal to that
                                                                                          for 4 Method 15
                                                                                          samples.
                                       e. Measure the           Method 15 or 15A in      If the cross-sectional
                                        concentration of TRS.    appendix A-5 to part     area of the duct is
                                                                 60 of this chapter, as   less than 5 square
                                                                 applicable.              meters (m\2\) or 54
                                                                                          square feet, you must
                                                                                          use the centroid of
                                                                                          the cross section as
                                                                                          the sampling point. If
                                                                                          the cross-sectional
                                                                                          area is 5 m\2\ or more
                                                                                          and the centroid is
                                                                                          more than 1 meter (m)
                                                                                          from the wall, your
                                                                                          sampling point may be
                                                                                          at a point no closer
                                                                                          to the walls than 1 m
                                                                                          or 39 inches. Your
                                                                                          sampling rate must be
                                                                                          at least 3 liters per
                                                                                          minute or 0.10 cubic
                                                                                          feet per minute to
                                                                                          ensure minimum
                                                                                          residence time for the
                                                                                          sample inside the
                                                                                          sample lines.
                                       f. Calculate the SO2     The arithmetic average
                                        equivalent for each      of the SO2 equivalent
                                        run after correcting     for each sample during
                                        for moisture and         the run.
                                        oxygen.
                                       g. Correct the reduced   Equation 1 of Sec.
                                        sulfur samples to zero   63.1568.
                                        percent excess air.
                                       h. Establish each        Data from the
                                        operating limit in       continuous parameter
                                        Table 30 of this         monitoring system.
                                        subpart that applies
                                        to you.
                                       i. Measure thermal       Data from the            Collect temperature
                                        incinerator:             continuous parameter     monitoring data every
                                        combustion zone          monitoring system.       15 minutes during the
                                        temperature.                                      entire period of the
                                                                                          performance test; and
                                                                                          determine and record
                                                                                          the minimum hourly
                                                                                          average temperature
                                                                                          from all the readings.
                                       j. Measure thermal       Data from the            Collect oxygen
                                        incinerator: oxygen      continuous parameter     concentration
                                        concentration            monitoring system.       (percent, dry basis)
                                        (percent, dry basis)                              data every 15 minutes
                                        in the vent stream.                               during the entire
                                                                                          period of the
                                                                                          performance test; and
                                                                                          determine and record
                                                                                          the minimum hourly
                                                                                          average percent excess
                                                                                          oxygen concentration.
----------------------------------------------------------------------------------------------------------------


[80 FR 75312, Dec. 1, 2015]



  Sec. Table 33 to Subpart UUU of Part 63--Initial Compliance With HAP 
                Emission Limits for Sulfur Recovery Units

    As stated in Sec. 63.1568(b)(5), you shall meet each requirement in 
the following table that applies to you.

[[Page 202]]



------------------------------------------------------------------------
                                                          You have
          For . . .             For the following   demonstrated initial
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------
1. Subject to NSPS: Each new  a. 250 ppmv (dry      You have already
 or existing Claus sulfur      basis) SO2 at zero    conducted a
 recovery unit part of a       percent excess air,   performance test to
 sulfur recovery plant with    or concentration      demonstrate initial
 design capacity greater       determined using      compliance with the
 than 20 LTD and subject to    Equation 1 of 40      NSPS and each 12-
 the NSPS for sulfur oxides    CFR                   hour rolling
 in 40 CFR 60.104(a)(2) or     60.102a(f)(1)(i),     average
 60.102a(f)(1).                if you use an         concentration of
                               oxidation or          SO2 emissions
                               reduction control     measured by the
                               system followed by    continuous emission
                               incineration.         monitoring system
                                                     is less than or
                                                     equal to 250 ppmv
                                                     (dry basis) at zero
                                                     percent excess air,
                                                     or the
                                                     concentration
                                                     determined using
                                                     Equation 1 of 40
                                                     CFR
                                                     60.102a(f)(1)(i).
                                                     As part of the
                                                     Notification of
                                                     Compliance Status,
                                                     you must certify
                                                     that your vent
                                                     meets the SO2
                                                     limit. You are not
                                                     required to do
                                                     another performance
                                                     test to demonstrate
                                                     initial compliance.
                                                    You have already
                                                     conducted a
                                                     performance
                                                     evaluation to
                                                     demonstrate initial
                                                     compliance with the
                                                     applicable
                                                     performance
                                                     specification. As
                                                     part of your
                                                     Notification of
                                                     Compliance Status,
                                                     you must certify
                                                     that your
                                                     continuous emission
                                                     monitoring system
                                                     meets the
                                                     applicable
                                                     requirements in
                                                     Sec. 63.1572. You
                                                     are not required to
                                                     do another
                                                     performance
                                                     evaluation to
                                                     demonstrate initial
                                                     compliance.
                              b. 300 ppmv of        You have already
                               reduced sulfur        conducted a
                               compounds             performance test to
                               calculated as ppmv    demonstrate initial
                               SO2 (dry basis) at    compliance with the
                               zero percent excess   NSPS and each 12-
                               air, or               hour rolling
                               concentration         average
                               determined using      concentration of
                               Equation 1 of 40      reduced sulfur
                               CFR                   compounds measured
                               60.102a(f)(1)(i),     by your continuous
                               if you use a          emission monitoring
                               reduction control     system is less than
                               system without        or equal to 300
                               incineration.         ppmv, calculated as
                                                     ppmv SO2 (dry
                                                     basis) at zero
                                                     percent excess air,
                                                     or the
                                                     concentration
                                                     determined using
                                                     Equation 1 of 40
                                                     CFR
                                                     60.102a(f)(1)(i).
                                                     As part of the
                                                     Notification of
                                                     Compliance Status,
                                                     you must certify
                                                     that your vent
                                                     meets the SO2
                                                     limit. You are not
                                                     required to do
                                                     another performance
                                                     test to demonstrate
                                                     initial compliance.
                                                    You have already
                                                     conducted a
                                                     performance
                                                     evaluation to
                                                     demonstrate initial
                                                     compliance with the
                                                     applicable
                                                     performance
                                                     specification. As
                                                     part of your
                                                     Notification of
                                                     Compliance Status,
                                                     you must certify
                                                     that your
                                                     continuous emission
                                                     monitoring system
                                                     meets the
                                                     applicable
                                                     requirements in
                                                     Sec. 63.1572. You
                                                     are not required to
                                                     do another
                                                     performance
                                                     evaluation to
                                                     demonstrate initial
                                                     compliance.
2. Option 1: Elect NSPS.      a. 250 ppmv (dry      Each 12-hour rolling
 Each new or existing sulfur   basis) of SO2 at      average
 recovery unit (Claus or       zero percent excess   concentration of
 other type, regardless of     air, or               SO2 emissions
 size) not subject to the      concentration         measured by the
 NSPS for sulfur oxides in     determined using      continuous emission
 40 CFR 60.104(a)(2) or        Equation 1 of 40      monitoring system
 60.102a(f)(1).                CFR                   during the initial
                               60.102a(f)(1)(i),     performance test is
                               if you use an         less than or equal
                               oxidation or          to 250 ppmv (dry
                               reduction control     basis) at zero
                               system followed by    percent excess air,
                               incineration.         or the
                                                     concentration
                                                     determined using
                                                     Equation 1 of 40
                                                     CFR
                                                     60.102a(f)(1)(i);
                                                     and your
                                                     performance
                                                     evaluation shows
                                                     the monitoring
                                                     system meets the
                                                     applicable
                                                     requirements in
                                                     Sec. 63.1572.

[[Page 203]]

 
                              b. 300 ppmv of        Each 12-hour rolling
                               reduced sulfur        average
                               compounds             concentration of
                               calculated as ppmv    reduced sulfur
                               SO2 (dry basis) at    compounds measured
                               zero percent excess   by the continuous
                               air, or               emission monitoring
                               concentration         system during the
                               determined using      initial performance
                               Equation 1 of 40      test is less than
                               CFR                   or equal to 300
                               60.102a(f)(1)(i),     ppmv, calculated as
                               if you use a          ppmv SO2 (dry
                               reduction control     basis) at zero
                               system without        percent excess air,
                               incineration.         or the
                                                     concentration
                                                     determined using
                                                     Equation 1 of 40
                                                     CFR
                                                     60.102a(f)(1)(i);
                                                     and your
                                                     performance
                                                     evaluation shows
                                                     the continuous
                                                     emission monitoring
                                                     system meets the
                                                     applicable
                                                     requirements in
                                                     Sec. 63.1572.
3. Option 2: TRS limit. Each  300 ppmv of TRS       If you use
 new or existing sulfur        compounds expressed   continuous
 recovery unit (Claus or       as an equivalent      parameter
 other type, regardless of     SO2 concentration     monitoring systems,
 size) not subject to the      (dry basis) at zero   the average
 NSPS for sulfur oxides in     percent oxygen.       concentration of
 40 CFR 60.104(a)(2) or                              TRS emissions
 60.102a(f)(1).                                      measured using
                                                     Method 15 during
                                                     the initial
                                                     performance test is
                                                     less than or equal
                                                     to 300 ppmv
                                                     expressed as
                                                     equivalent SO2
                                                     concentration (dry
                                                     basis) at zero
                                                     percent oxygen. If
                                                     you use a
                                                     continuous emission
                                                     monitoring system,
                                                     each 12-hour
                                                     rolling average
                                                     concentration of
                                                     TRS emissions
                                                     measured by the
                                                     continuous emission
                                                     monitoring system
                                                     during the initial
                                                     performance test is
                                                     less than or equal
                                                     to 300 ppmv
                                                     expressed as an
                                                     equivalent SO2 (dry
                                                     basis) at zero
                                                     percent oxygen; and
                                                     your performance
                                                     evaluation shows
                                                     the continuous
                                                     emission monitoring
                                                     system meets the
                                                     applicable
                                                     requirements in
                                                     Sec. 63.1572.
------------------------------------------------------------------------


[80 FR 75313, Dec. 1, 2015]



Sec. Table 34 to Subpart UUU of Part 63--Continuous Compliance With HAP 
                Emission Limits for Sulfur Recovery Units

    As stated in Sec. 63.1568(c)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                                          You shall
                                For this emission        demonstrate
          For . . .                limit . . .           continuous
                                                     compliance by . . .
------------------------------------------------------------------------
1. Subject to NSPS. Each new  a. 250 ppmv (dry      Collecting the
 or existing Claus sulfur      basis) of SO2 at      hourly average SO2
 recovery unit part of a       zero percent excess   monitoring data
 sulfur recovery plant with    air, or               (dry basis, percent
 design capacity greater       concentration         excess air) and, if
 than 20 LTD and subject to    determined using      using Equation 1 of
 the NSPS for sulfur oxides    Equation 1 of 40      40 CFR
 in 40 CFR 60.104(a)(2) or     CFR                   60.102a(f)(1)(i),
 60.102a(f)(1).                60.102a(f)(1)(i),     collecting the
                               if you use an         hourly O2
                               oxidation or          concentration or
                               reduction control     flow monitoring
                               system followed by    data according to
                               incineration.         Sec. 63.1572;
                                                     determining and
                                                     recording each 12-
                                                     hour rolling
                                                     average
                                                     concentration of
                                                     SO2; maintaining
                                                     each 12-hour
                                                     rolling average
                                                     concentration of
                                                     SO2 at or below the
                                                     applicable emission
                                                     limitation; and
                                                     reporting any 12-
                                                     hour rolling
                                                     average
                                                     concentration of
                                                     SO2 greater than
                                                     the applicable
                                                     emission limitation
                                                     in the semiannual
                                                     compliance report
                                                     required by Sec.
                                                     63.1575.

[[Page 204]]

 
                              b. 300 ppmv of        Collecting the
                               reduced sulfur        hourly average
                               compounds             reduced sulfur (and
                               calculated as ppmv    air or O2 dilution
                               SO2 (dry basis) at    and oxidation)
                               zero percent excess   monitoring data
                               air, or               and, if using
                               concentration         Equation 1 of 40
                               determined using      CFR
                               Equation 1 of 40      60.102a(f)(1)(i),
                               CFR                   collecting the
                               60.102a(f)(1)(i),     hourly O2
                               if you use a          concentration or
                               reduction control     flow monitoring
                               system without        data according to
                               incineration.         Sec. 63.1572;
                                                     determining and
                                                     recording each 12-
                                                     hour rolling
                                                     average
                                                     concentration of
                                                     reduced sulfur;
                                                     maintaining each 12-
                                                     hour rolling
                                                     average
                                                     concentration of
                                                     reduced sulfur at
                                                     or below the
                                                     applicable emission
                                                     limitation; and
                                                     reporting any 12-
                                                     hour rolling
                                                     average
                                                     concentration of
                                                     reduced sulfur
                                                     greater than the
                                                     applicable emission
                                                     limitation in the
                                                     semiannual
                                                     compliance report
                                                     required by Sec.
                                                     63.1575.
2. Option 1: Elect NSPS.      a. 250 ppmv (dry      Collecting the
 Each new or existing sulfur   basis) of SO2 at      hourly average SO2
 recovery unit (Claus or       zero percent excess   data (dry basis,
 other type, regardless of     air, or               percent excess air)
 size) not subject to the      concentration         and, if using
 NSPS for sulfur oxides in     determined using      Equation 1 of 40
 40 CFR 60.104(a)(2) or        Equation 1 of 40      CFR
 60.102a(f)(1).                CFR                   60.102a(f)(1)(i),
                               60.102a(f)(1)(i),     collecting the
                               if you use an         hourly O2
                               oxidation or          concentration or
                               reduction control     flow monitoring
                               system followed by    data according to
                               incineration.         Sec. 63.1572;
                                                     determining and
                                                     recording each 12-
                                                     hour rolling
                                                     average
                                                     concentration of
                                                     SO2; maintaining
                                                     each 12-hour
                                                     rolling average
                                                     concentration of
                                                     SO2 at or below the
                                                     applicable emission
                                                     limitation; and
                                                     reporting any 12-
                                                     hour rolling
                                                     average
                                                     concentration of
                                                     SO2 greater than
                                                     the applicable
                                                     emission limitation
                                                     in the semiannual
                                                     compliance report
                                                     required by Sec.
                                                     63.1575.
                              b. 300 ppmv of        Collecting the
                               reduced sulfur        hourly average
                               compounds             reduced sulfur (and
                               calculated as ppmv    air or O2 dilution
                               SO2 (dry basis) at    and oxidation)
                               zero percent excess   monitoring data
                               air, or               and, if using
                               concentration         Equation 1 of 40
                               determined using      CFR
                               Equation 1 of 40      60.102a(f)(1)(i),
                               CFR                   collecting the
                               60.102a(f)(1)(i),     hourly O2
                               if you use a          concentration or
                               reduction control     flow monitoring
                               system without        data according to
                               incineration.         Sec. 63.1572;
                                                     determining and
                                                     recording each 12-
                                                     hour rolling
                                                     average
                                                     concentration of
                                                     reduced sulfur;
                                                     maintaining each 12-
                                                     hour rolling
                                                     average
                                                     concentration of
                                                     reduced sulfur at
                                                     or below the
                                                     applicable emission
                                                     limitation; and
                                                     reporting any 12-
                                                     hour rolling
                                                     average
                                                     concentration of
                                                     reduced sulfur
                                                     greater than the
                                                     applicable emission
                                                     limitation in the
                                                     semiannual
                                                     compliance report
                                                     required by Sec.
                                                     63.1575.
3. Option 2: TRS limit. Each  300 ppmv of TRS       i. If you use
 new or existing sulfur        compounds,            continuous
 recovery unit (Claus or       expressed as an SO2   parameter
 other type, regardless of     concentration (dry    monitoring systems,
 size) not subject to the      basis) at zero        collecting the
 NSPS for sulfur oxides in     percent oxygen or     hourly average TRS
 40 CFR 60.104(a)(2) or        reduced sulfur        monitoring data
 60.102a(f)(1).                compounds             according to Sec.
                               calculated as ppmv    63.1572 and
                               SO2 (dry basis) at    maintaining each 12-
                               zero percent excess   hour average
                               air.                  concentration of
                                                     TRS at or below the
                                                     applicable emission
                                                     limitation; or
                                                    ii. If you use a
                                                     continuous emission
                                                     monitoring system,
                                                     collecting the
                                                     hourly average TRS
                                                     monitoring data
                                                     according to Sec.
                                                     63.1572,
                                                     determining and
                                                     recording each 12-
                                                     hour rolling
                                                     average
                                                     concentration of
                                                     TRS; maintaining
                                                     each 12-hour
                                                     rolling average
                                                     concentration of
                                                     TRS at or below the
                                                     applicable emission
                                                     limitation; and
                                                     reporting any 12-
                                                     hour rolling
                                                     average TRS
                                                     concentration
                                                     greater than the
                                                     applicable emission
                                                     limitation in the
                                                     semiannual
                                                     compliance report
                                                     required by Sec.
                                                     63.1575.
------------------------------------------------------------------------


[[Page 205]]


[80 FR 75315, Dec. 1, 2015]



  Sec. Table 35 to Subpart UUU of Part 63--Continuous Compliance With 
      Operating Limits for HAP Emissions From Sulfur Recovery Units

    As stated in Sec. 63.1568(c)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                                          You shall
                               For this operating        demonstrate
          For . . .                limit . . .           continuous
                                                     compliance by . . .
------------------------------------------------------------------------
1. Subject to NSPS. Each new  Not applicable......  Meeting the
 or existing Claus sulfur                            requirements of
 recovery unit part of a                             Table 34 of this
 sulfur recovery plant with                          subpart.
 design capacity greater
 than 20 LTD and subject to
 the NSPS for sulfur oxides
 in 40 CFR 60.104(a)(2) or
 60.102a(f)(1).
2. Option 1: Elect NSPS.      Not applicable......  Meeting the
 Each new or existing sulfur                         requirements of
 recovery unit (Claus or                             Table 34 of this
 other type, regardless of                           subpart.
 size) not subject to the
 NSPS for sulfur oxides in
 40 CFR 60.104(a)(2) or
 60.102a(f)(1).
3. Option 2: TRS limit. Each  a. Maintain the       Collecting the
 new or existing sulfur        daily average         hourly and daily
 recovery unit (Claus or       combustion zone       average temperature
 other type, regardless of     temperature above     monitoring data
 size) not subject to the      the level             according to Sec.
 NSPS for sulfur oxides in     established during    63.1572; and
 40 CFR 60.104(a)(2) or        the performance       maintaining the
 60.102a(f)(1).                test.                 daily average
                                                     combustion zone
                                                     temperature at or
                                                     above the limit
                                                     established during
                                                     the performance
                                                     test
                              b. The daily average  Collecting the
                               oxygen                hourly and daily
                               concentration in      average O2
                               the vent stream       monitoring data
                               (percent, dry         according to Sec.
                               basis) must not       63.1572; and
                               fall below the        maintaining the
                               level established     average O2
                               during the            concentration above
                               performance test..    the level
                                                     established during
                                                     the performance
                                                     test.
4. Startup or shutdown        Using a flare         On and after January
 option 1: Electing to         meeting the           30, 2019, complying
 comply with Sec. requirements in       with the applicable
 63.1568(a)(4)(ii). Each new   Sec. 63.11(b) or    requirements of
 or existing sulfur recovery   Sec. 63.670.        Sec. 63.670.
 unit (Claus or other type,                          Prior to January
 regardless of size) during                          30, 2019, complying
 periods of startup or                               with the applicable
 shutdown.                                           requirements of
                                                     either Sec.
                                                     63.11(b) or Sec.
                                                     63.670.
5. Startup or shutdown        a. Minimum hourly     Collecting
 option 2: Electing to         average temperature   continuous (at
 comply with Sec. of 1,200 degrees      least once every 15
 63.1568(a)(4)(iii). Each      Fahrenheit.           minutes) and hourly
 new or existing sulfur                              average temperature
 recovery unit (Claus or                             monitoring data
 other type, regardless of                           according to Sec.
 size) during periods of                             63.1572; and
 startup or shutdown.                                maintaining the
                                                     daily average
                                                     firebox temperature
                                                     at or above 1,200
                                                     degrees Fahrenheit.
                              b. Minimum hourly     Collecting
                               average outlet        continuous (at
                               oxygen                least once every 15
                               concentration of 2    minutes) and hourly
                               volume percent (dry   average O2
                               basis).               monitoring data
                                                     according to Sec.
                                                     63.1572; and
                                                     maintaining the
                                                     average O2
                                                     concentration at or
                                                     above 2 volume
                                                     percent (dry
                                                     basis).
------------------------------------------------------------------------


[80 FR 75316, Dec. 1, 2015]



Sec. Table 36 to Subpart UUU of Part 63--Work Practice Standards for HAP 
                       Emissions From Bypass Lines

    As stated in Sec. 63.1569(a)(1), you shall meet each work practice 
standard in the following table that applies to you.

------------------------------------------------------------------------
                                   You shall meet one of these equipment
             Option                           standards . . .
------------------------------------------------------------------------
1. Option 1.....................  Install and operate a device
                                   (including a flow indicator, level
                                   recorder, or electronic valve
                                   position monitor) to demonstrate,
                                   either continuously or at least every
                                   hour, whether flow is present in the
                                   by bypass line. Install the device at
                                   or as near as practical to the
                                   entrance to any bypass line that
                                   could divert the vent stream away
                                   from the control device to the
                                   atmosphere.
2. Option 2.....................  Install a car-seal or lock-and-key
                                   device placed on the mechanism by
                                   which the bypass device flow position
                                   is controlled (e.g., valve handle,
                                   damper level) when the bypass device
                                   is in the closed position such that
                                   the bypass line valve cannot be
                                   opened without breaking the seal or
                                   removing the device.
3. Option 3.....................  Seal the bypass line by installing a
                                   solid blind between piping flanges.
4. Option 4.....................  Vent the bypass line to a control
                                   device that meets the appropriate
                                   requirements in this subpart.
------------------------------------------------------------------------


[[Page 206]]


[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6964, Feb. 9, 
2005]



 Sec. Table 37 to Subpart UUU of Part 63--Requirements for Performance 
                         Tests for Bypass Lines

    As stated in Sec. 63.1569(b)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
        For this standard . . .                  You shall . . .
------------------------------------------------------------------------
1. Option 1: Install and operate a flow  Record during the performance
 indicator, level recorder, or            test for each type of control
 electronic valve position monitor.       device whether the flow
                                          indicator, level recorder, or
                                          electronic valve position
                                          monitor was operating and
                                          whether flow was detected at
                                          any time during each hour of
                                          level the three runs
                                          comprising the performance
                                          test.
------------------------------------------------------------------------


[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, Feb. 9, 2005]



 Sec. Table 38 to Subpart UUU of Part 63--Initial Compliance With Work 
         Practice Standards for HAP Emissions From Bypass Lines

    As stated in Sec. 63.1569(b)(2), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                  For this work           You have
        Option . . .           practice standard .  demonstrated initial
                                       . .           compliance if . . .
------------------------------------------------------------------------
1. Each new or existing       a. Option 1: Install  The installed
 bypass line associated with   and operate a         equipment operates
 a catalytic cracking unit,    device (including a   properly during
 catalytic reforming unit,     flow indicator,       each run of the
 or sulfur recovery unit.      level recorder, or    performance test
                               electronic valve      and no flow is
                               position monitor)     present in the line
                               to demonstrate,       during the test.
                               either continuously
                               or at least every
                               hour, whether flow
                               is present in
                               bypass line.
                               Install the device
                               at or as near as
                               practical to the
                               entrance to any
                               bypass line that
                               could divert the
                               vent stream away
                               from the control
                               device to the
                               atmosphere.
                              b. Option 2: Install  As part of the
                               a car-seal or lock-   notification of
                               and-key device        compliance status,
                               placed on the         you certify that
                               mechanism by which    you installed the
                               the bypass device     equipment, the
                               flow position is      equipment was
                               controlled (e.g.,     operational by your
                               valve handle,         compliance date,
                               damper level) when    and you identify
                               the bypass device     what equipment was
                               is in the closed      installed.
                               position such that
                               the bypass line
                               valve cannot be
                               opened without
                               breaking the seal
                               or removing the
                               device.
                              c. Option 3: Seal     See item 1.b of this
                               the bypass line by    table.
                               installing a solid
                               blind between
                               piping flanges.
                              d. Option 4: Vent     See item 1.b of this
                               the bypass line to    table.
                               a control device
                               that meets the
                               appropriate
                               requirements in
                               this subpart.
------------------------------------------------------------------------


[70 FR 6965, Feb. 9, 2005]



Sec. Table 39 to Subpart UUU of Part 63--Continuous Compliance With Work 
         Practice Standards for HAP Emissions From Bypass Lines

    As stated in Sec. 63.1569(c)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                              You shall demonstrate
    If you elect this standard . . .      continuous compliance by . . .
------------------------------------------------------------------------
1. Option 1: Flow indicator, level       Monitoring and recording on a
 recorder, or electronic valve position   continuous basis or at least
 monitor.                                 every hour whether flow is
                                          present in the bypass line;
                                          visually inspecting the device
                                          at least once every hour if
                                          the device is not equipped
                                          with a recording system that
                                          provides a continuous record;
                                          and recording whether the
                                          device is operating properly
                                          and whether flow is present in
                                          the bypass line.
2. Option 2: Car-seal or lock-and-key    Visually inspecting the seal or
 device.                                  closure mechanism at least
                                          once every month; and
                                          recording whether the bypass
                                          line valve is maintained in
                                          the closed position and
                                          whether flow is present in the
                                          line.
3. Option 3: Solid blind flange........  Visually inspecting the blind
                                          at least once a month; and
                                          recording whether the blind is
                                          maintained in the correct
                                          position such that the vent
                                          stream cannot be diverted
                                          through the bypass line.

[[Page 207]]

 
4. Option 4: Vent to control device....  Monitoring the control device
                                          according to appropriate
                                          subpart requirements.
5. Option 1, 2, 3, or 4................  Recording and reporting the
                                          time and duration of any
                                          bypass.
------------------------------------------------------------------------


[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6965, Feb. 9, 
2005]



Sec. Table 40 to Subpart UUU of Part 63--Requirements for Installation, 
Operation, and Maintenance of Continuous Opacity Monitoring Systems and 
                 Continuous Emission Monitoring Systems

    As stated in Sec. 63.1572(a)(1) and (b)(1), you shall meet each 
requirement in the following table that applies to you.

------------------------------------------------------------------------
   This type of continuous opacity or     Must meet these requirements .
    emission monitoring system . . .                   . .
------------------------------------------------------------------------
1. Continuous opacity monitoring system  Performance specification 1 (40
                                          CFR part 60, appendix B).
2. PM CEMS; this monitor must include    The requirements in 40 CFR
 an O2 monitor for correcting the data    60.105a(d).
 for excess air.
3. CO continuous emission monitoring     Performance specification 4 (40
 system.                                  CFR part 60, appendix B); span
                                          value of 1,000 ppm; and
                                          procedure 1 (40 CFR part 60,
                                          appendix F) except relative
                                          accuracy test audits are
                                          required annually instead of
                                          quarterly.
4. CO continuous emission monitoring     Performance specification 4 (40
 system used to demonstrate emissions     CFR part 60, appendix B); and
 average under 50 ppm (dry basis).        span value of 100 ppm.
5. SO2 continuous emission monitoring    Performance specification 2 (40
 system for sulfur recovery unit with     CFR part 60, appendix B); span
 oxidation control system or reduction    value of 500 ppm SO2, or if
 control system; this monitor must        using Equation 1 of 40 CFR
 include an O2 monitor for correcting     60.102a(f)(1)(i), span value
 the data for excess air.                 of two times the limit at the
                                          highest O2 concentration; use
                                          Methods 6 or 6C (40 CFR part
                                          60, appendix A-4) for
                                          certifying the SO2 monitor and
                                          Methods 3A or 3B (40 CFR part
                                          60, appendix A-2) for
                                          certifying the O2 monitor; and
                                          procedure 1 (40 CFR part 60,
                                          appendix F) except relative
                                          accuracy test audits are
                                          required annually instead of
                                          quarterly.
6. Reduced sulfur and O2 continuous      Performance specification 5 (40
 emission monitoring system for sulfur    CFR part 60, appendix B),
 recovery unit with reduction control     except calibration drift
 system not followed by incineration;     specification is 2.5 percent
 this monitor must include an O2          of the span value instead of 5
 monitor for correcting the data for      percent; span value is 450 ppm
 excess air unless exempted.              reduced sulfur, or if using
                                          Equation 1 of 40 CFR
                                          60.102a(f)(1)(i), span value
                                          of two times the limit at the
                                          highest O2 concentration; use
                                          Methods 15 or 15A (40 CFR part
                                          60, appendix A-5) for
                                          certifying the reduced sulfur
                                          monitor and Methods 3A or 3B
                                          (40 CFR part 60, appendix A-2)
                                          for certifying the O2 monitor;
                                          if Method 3A or 3B yields O2
                                          concentrations below 0.25
                                          percent during the performance
                                          evaluation, the O2
                                          concentration can be assumed
                                          to be zero and the O2 monitor
                                          is not required; and procedure
                                          1 (40 CFR part 60, appendix
                                          F), except relative accuracy
                                          test audits, are required
                                          annually instead of quarterly.
7. Instrument with an air or O2          Performance specification 5 (40
 dilution and oxidation system to         CFR part 60, appendix B); span
 convert reduced sulfur to SO2 for        value of 375 ppm SO2 or if
 continuously monitoring the              using Equation 1 of 40 CFR
 concentration of SO2 instead of          60.102a(f)(1)(i), span value
 reduced sulfur monitor and O2 monitor.   of two times the limit at the
                                          highest O2 concentration; use
                                          Methods 15 or 15A (40 CFR part
                                          60, appendix A-5) for
                                          certifying the reduced sulfur
                                          monitor and 3A or 3B (40 CFR
                                          part 60, appendix A-2) for
                                          certifying the O2 monitor; and
                                          procedure 1 (40 CFR part 60,
                                          appendix F), except relative
                                          accuracy test audits, are
                                          required annually instead of
                                          quarterly.
8. TRS continuous emission monitoring    Performance specification 5 (40
 system for sulfur recovery unit; this    CFR part 60, appendix B).
 monitor must include an O2 monitor for
 correcting the data for excess air.
9. O2 monitor for oxygen concentration.  If necessary due to
                                          interferences, locate the
                                          oxygen sensor prior to the
                                          introduction of any outside
                                          gas stream; performance
                                          specification 3 (40 CFR part
                                          60, appendix B; and procedure
                                          1 (40 CFR part 60, appendix
                                          F), except relative accuracy
                                          test audits, are required
                                          annually instead of quarterly.
------------------------------------------------------------------------


[80 FR 75317, Dec. 1, 2015]

[[Page 208]]



Sec. Table 41 to Subpart UUU of Part 63--Requirements for Installation, 
  Operation, and Maintenance of Continuous Parameter Monitoring Systems

    As stated in Sec. 63.1572(c)(1), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
      If you use . . .                     You shall . . .
------------------------------------------------------------------------
1. pH strips...............  Use pH strips with an accuracy of 10 percent.
2. pH meter................  Locate the pH sensor in a position that
                              provides a representative measurement of
                              pH; ensure the sample is properly mixed
                              and representative of the fluid to be
                              measured.
                             Use a pH sensor with an accuracy of at
                              least 0.2 pH units.
                             Check the pH meter's calibration on at
                              least one point at least once daily; check
                              the pH meter's calibration on at least two
                              points at least once quarterly; at least
                              monthly, inspect all components for
                              integrity and all electrical components
                              for continuity; record the results of each
                              calibration check and inspection.
3. Colormetric tube          Use a colormetric tube sampling system with
 sampling system.             a printed numerical scale in ppmv, a
                              standard measurement range of 1 to 10 ppmv
                              (or 1 to 30 ppmv if applicable), and a
                              standard deviation for measured values of
                              no more than 15
                              percent. System must include a gas
                              detection pump and hot air probe if needed
                              for the measurement range.
4. CO2, O2, and CO monitors  a. Locate the concentration sensor so that
 for coke burn-off rate.      it provides a representative measurement
                              of the content of the exit gas stream;
                              ensure the sample is properly mixed and
                              representative of the gas to be measured.
                             Use a sensor with an accuracy of at least
                              1 percent of the
                              range of the sensor or to a nominal gas
                              concentration of 0.5
                              percent, whichever is greater.
                             Use a monitor that is able to measure
                              concentration on a dry basis or is able to
                              correct for moisture content and record on
                              a dry basis.
                             Conduct calibration checks at least
                              annually; conduct calibration checks
                              following any period of more than 24 hours
                              throughout which the sensor reading
                              exceeds the manufacturer's specified
                              maximum operating range or install a new
                              sensor; at least quarterly, inspect all
                              components for integrity and all
                              electrical connections for continuity;
                              record the results of each calibration and
                              inspection.
                             b. As an alternative, the requirements in
                              40 CFR 60.105a(b)(2) may be used.
5. BLD.....................  Follow the requirements in 40 CFR
                              60.105a(c).
6. Voltage, secondary        Use meters with an accuracy of at least
 current, or total power      5 percent over the
 input sensors.               operating range.
                             Each time that the unit is not operating,
                              confirm that the meters read zero. Conduct
                              a calibration check at least annually;
                              conduct calibration checks following any
                              period of more than 24 hours throughout
                              which the meter reading exceeds the
                              manufacturer's specified maximum operating
                              range; at least monthly, inspect all
                              components of the continuous parameter
                              monitoring system for integrity and all
                              electrical connections for continuity;
                              record the results of each calibration
                              check and inspection.
7. Pressure/Pressure         Locate the pressure sensor(s) in a position
 drop\1\ sensors.             that provides a representative measurement
                              of the pressure and minimizes or
                              eliminates pulsating pressure, vibration,
                              and internal and external corrosion.
                             Use a gauge with an accuracy of at least
                              5 percent over the
                              normal operating range or 0.12 kilopascals
                              (0.5 inches of water column), whichever is
                              greater.
                             Review pressure sensor readings at least
                              once a week for straightline (unchanging)
                              pressure and perform corrective action to
                              ensure proper pressure sensor operation if
                              blockage is indicated; using an instrument
                              recommended by the sensor's manufacturer,
                              check gauge calibration and transducer
                              calibration annually; conduct calibration
                              checks following any period of more than
                              24 hours throughout which the pressure
                              exceeded the manufacturer's specified
                              maximum rated pressure or install a new
                              pressure sensor; at least quarterly,
                              inspect all components for integrity, all
                              electrical connections for continuity, and
                              all mechanical connections for leakage,
                              unless the CPMS has a redundant pressure
                              sensor; record the results of each
                              calibration check and inspection.
8. Air flow rate, gas flow   Locate the flow sensor(s) and other
 rate, or total water (or     necessary equipment (such as straightening
 scrubbing liquid) flow       vanes) in a position that provides
 rate sensors.                representative flow; reduce swirling flow
                              or abnormal velocity distributions due to
                              upstream and downstream disturbances. If
                              you elect to comply with Option 3 (Ni lb/
                              hr) or Option 4 (Ni lb/1,000 lb of coke
                              burn-off) for the HAP metal emission
                              limitations in Sec. 63.1564, install the
                              continuous parameter monitoring system for
                              gas flow rate as close as practical to the
                              continuous opacity monitoring system; and
                              if you don't use a continuous opacity
                              monitoring system, install the continuous
                              parameter monitoring system for gas flow
                              rate as close as practical to the control
                              device.
                             Use a flow rate sensor with an accuracy of
                              at least 5 percent
                              over the normal range of flow measured, or
                              1.9 liter per minute (0.5 gallons per
                              minute), whichever is greater, for liquid
                              flow.
                             Use a flow rate sensor with an accuracy of
                              at least 5 percent
                              over the normal range of flow measured, or
                              280 liters per minute (10 cubic feet per
                              minute), whichever is greater, for gas
                              flow.
                             Conduct a flow sensor calibration check at
                              least biennially (every two years);
                              conduct a calibration check following any
                              period of more than 24 hours throughout
                              which the flow rate exceeded the
                              manufacturer's specified maximum rated
                              flow rate or install a new flow sensor; at
                              least quarterly, inspect all components
                              for leakage, unless the CPMS has a
                              redundant flow sensor; record the results
                              of each calibration check and inspection.

[[Page 209]]

 
9. Temperature sensors.....  Locate the temperature sensor in the
                              combustion zone, or in the ductwork
                              immediately downstream of the combustion
                              zone before any substantial heat exchange
                              occurs or in the ductwork immediately
                              downstream of the regenerator; locate the
                              temperature sensor in a position that
                              provides a representative temperature;
                              shield the temperature sensor system from
                              electromagnetic interference and chemical
                              contaminants.
                             Use a temperature sensor with an accuracy
                              of at least 1
                              percent over the normal range of
                              temperature measured, expressed in degrees
                              Celsius (C), or 2.8 degrees C, whichever
                              is greater.
                             Conduct calibration checks at least
                              annually; conduct calibration checks
                              following any period of more than 24 hours
                              throughout which the temperature exceeded
                              the manufacturer's specified maximum rated
                              temperature or install a new temperature
                              sensor; at least quarterly, inspect all
                              components for integrity and all
                              electrical connections for continuity,
                              oxidation, and galvanic corrosion, unless
                              the CPMS has a redundant temperature
                              sensor; record the results of each
                              calibration check and inspection.
10. Oxygen content sensors   Locate the oxygen sensor so that it
 \2\.                         provides a representative measurement of
                              the oxygen content of the exit gas stream;
                              ensure the sample is properly mixed and
                              representative of the gas to be measured.
                             Use an oxygen sensor with an accuracy of at
                              least 1 percent of
                              the range of the sensor or to a nominal
                              gas concentration of 0.5 percent, whichever is greater.
                             Conduct calibration checks at least
                              annually; conduct calibration checks
                              following any period of more than 24 hours
                              throughout which the sensor reading
                              exceeds the manufacturer's specified
                              maximum operating range or install a new
                              oxygen sensor; at least quarterly, inspect
                              all components for integrity and all
                              electrical connections for continuity;
                              record the results of each calibration and
                              inspection.
------------------------------------------------------------------------
\1\ Not applicable to non-venturi wet scrubbers of the jet-ejector
  design.
\2\ This does not replace the requirements for oxygen monitors that are
  required to use continuous emissions monitoring systems. The
  requirements in this table apply to oxygen sensors that are continuous
  parameter monitors, such as those that monitor combustion zone oxygen
  concentration and regenerator exit oxygen concentration.


[80 FR 75318, Dec. 1, 2015]



  Sec. Table 42 to Subpart UUU of Part 63--Additional Information for 
                Initial Notification of Compliance Status

    As stated in Sec. 63.1574(d), you shall meet each requirement in 
the following table that applies to you.

------------------------------------------------------------------------
                                   You shall provide this additional
          For . . .                        information . . .
------------------------------------------------------------------------
1. Identification of affected  Nature, size, design, method of
 sources and emission points.   operation, operating design capacity of
                                each affected source; identify each
                                emission point for each HAP; identify
                                any affected source or vent associated
                                with an affected source not subject to
                                the requirements of subpart UUU.
2. Initial compliance........  Identification of each emission
                                limitation you will meet for each
                                affected source, including any option
                                you select (i.e., NSPS, PM or Ni, flare,
                                percent reduction, concentration,
                                options for bypass lines); if
                                applicable, certification that you have
                                already conducted a performance test to
                                demonstrate initial compliance with the
                                NSPS for an affected source;
                                certification that the vents meet the
                                applicable emission limit and the
                                continuous opacity or that the emission
                                monitoring system meets the applicable
                                performance specification; if
                                applicable, certification that you have
                                installed and verified the operational
                                status of equipment by your compliance
                                date for each bypass line that meets the
                                requirements of Option 2, 3, or 4 in
                                Sec. 63.1569 and what equipment you
                                installed; identification of the
                                operating limit for each affected
                                source, including supporting
                                documentation; if your affected source
                                is subject to the NSPS, certification of
                                compliance with NSPS emission
                                limitations and performance
                                specifications; a brief description of
                                performance test conditions (capacity,
                                feed quality, catalyst, etc.); an
                                engineering assessment (if applicable);
                                and if applicable, the flare design
                                (e.g., steam-assisted, air-assisted, or
                                non-assisted), all visible emission
                                readings, heat content determinations,
                                flow rate measurements, and exit
                                velocity determinations made during the
                                Method 22 test.
3. Continuous compliance.....  Each monitoring option you elect; and
                                identification of any unit or vent for
                                which monitoring is not required; and
                                the definition of ``operating day.''
                                (This definition, subject to approval by
                                the applicable permitting authority,
                                must specify the times at which a 24-hr
                                operating day begins and ends.)
------------------------------------------------------------------------


[67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, Feb. 9, 2005]



    Sec. Table 43 to Subpart UUU of Part 63--Requirements for Reports

    As stated in Sec. 63.1575(a), you shall meet each requirement in 
the following table that applies to you.

[[Page 210]]



------------------------------------------------------------------------
                                                        You shall submit
     You must submit . . .          The report must     the report . . .
                                     contain . . .
------------------------------------------------------------------------
1. A compliance report........  If there are no         Semiannually
                                 deviations from any     according to
                                 emission limitation     the
                                 or work practice        requirements in
                                 standard that applies   Sec.
                                 to you, a statement     63.1575(b).
                                 that there were no
                                 deviations from the
                                 standards during the
                                 reporting period and
                                 that no continuous
                                 opacity monitoring
                                 system or continuous
                                 emission monitoring
                                 system was
                                 inoperative,
                                 inactive, out-of-
                                 control, repaired, or
                                 adjusted; if you have
                                 a deviation from any
                                 emission limitation
                                 or work practice
                                 standard during the
                                 reporting period, the
                                 report must contain
                                 the information in
                                 Sec. 63.1575(c)
                                 through (e).
2. Performance test and CEMS    On and after February   Semiannually
 performance evaluation data.    1, 2016, the            according to
                                 information specified   the
                                 in Sec. requirements in
                                 63.1575(k)(1).          Sec.
                                                         63.1575(b) and
                                                         (f).
------------------------------------------------------------------------


[80 FR 75319, Dec. 1, 2015, as amended at 83 FR 60727, Nov. 26, 2018]



Sec. Table 44 to Subpart UUU of Part 63--Applicability of NESHAP General 
                        Provisions to Subpart UUU

    As stated in Sec. 63.1577, you shall meet each requirement in the 
following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                                                 Applies to subpart
              Citation                        Subject                   UUU                   Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(4)..............  General Applicability...  Yes..................
Sec. 63.1(a)(5)..................  [Reserved]..............  Not applicable.......
Sec. 63.1(a)(6)..................  ........................  Yes..................  Except the correct mail
                                                                                       drop (MD) number is C404-
                                                                                       04.
Sec. 63.1(a)(7)-(9)..............  [Reserved]..............  Not applicable.......
Sec. 63.1(a)(10)-(12)............  ........................  Yes..................  Except that this subpart
                                                                                       specifies calendar or
                                                                                       operating day.
Sec. 63.1(b)(1)..................  Initial Applicability     Yes..................
                                      Determination for this
                                      part.
Sec. 63.1(b)(2)..................  [Reserved]..............  Not applicable.......
Sec. 63.1(b)(3)..................  ........................  Yes..................
Sec. 63.1(c)(1)..................  Applicability of this     Yes..................
                                      part after a Relevant
                                      Standard has been set
                                      under this part.
Sec. 63.1(c)(2)..................  ........................  No...................  Area sources are not
                                                                                       subject to this subpart.
Sec. 63.1(c)(3)-(4)..............  [Reserved]..............  Not applicable.......
Sec. 63.1(c)(5)..................  ........................  Yes..................
Sec. 63.1(c)(6)..................  Reclassification........  Yes..................
Sec. 63.1(d).....................  [Reserved]..............  Not applicable.......
Sec. 63.1(e).....................  Applicability of Permit   Yes..................
                                      Program.
Sec. 63.2........................  Definitions.............  Yes..................  Sec. 63.1579 specifies
                                                                                       that if the same term is
                                                                                       defined in subparts A and
                                                                                       UUU of this part, it
                                                                                       shall have the meaning
                                                                                       given in this subpart.
Sec. 63.3........................  Units and Abbreviations.  Yes..................
Sec. 63.4(a)(1)-(2)..............  Prohibited Activities...  Yes..................
Sec. 63.4(a)(3)-(5)..............  [Reserved]..............  Not applicable.......
Sec. 63.4(b)-(c).................  Circumvention and         Yes..................
                                      Fragmentation.
Sec. 63.5(a).....................  Construction and          Yes..................
                                      Reconstruction.
Sec. 63.5(b)(1)..................  ........................  Yes..................
Sec. 63.5(b)(2)..................  [Reserved]..............  Not applicable.......
Sec. 63.5(b)(3)-(4)..............  ........................  Yes..................  In Sec. 63.5(b)(4),
                                                                                       replace the reference to
                                                                                       Sec. 63.9(b) with Sec.
                                                                                        63.9(b)(4) and (5).
Sec. 63.5(b)(5)..................  [Reserved]..............  Not applicable.......
Sec. 63.5(b)(6)..................  ........................  Yes..................
Sec. 63.5(c).....................  [Reserved]..............  Not applicable.......
Sec. 63.5(d)(1)(i)...............  Application for Approval  Yes..................  Except this subpart
                                      of Construction or                               specifies the application
                                      Reconstruction--General                          is submitted as soon as
                                      Application                                      practicable before
                                      Requirements.                                    startup but not later
                                                                                       than 90 days after the
                                                                                       promulgation date if
                                                                                       construction or
                                                                                       reconstruction had
                                                                                       commenced and initial
                                                                                       startup had not occurred
                                                                                       before promulgation.
Sec. 63.5(d)(1)(ii)..............  ........................  Yes..................  Except that emission
                                                                                       estimates specified in
                                                                                       Sec. 63.5(d)(1)(ii)(H)
                                                                                       are not required, and
                                                                                       Sec. 63.5(d)(1)(ii)(G)
                                                                                       and (I) are Reserved and
                                                                                       do not apply.

[[Page 211]]

 
Sec. 63.5(d)(1)(iii).............  ........................  No...................  This subpart specifies
                                                                                       submission of
                                                                                       notification of
                                                                                       compliance status.
Sec. 63.5(d)(2)..................  ........................  Yes..................
Sec. 63.5(d)(3)..................  ........................  Yes..................
Sec. 63.5(d)(4)..................  ........................  Yes..................
Sec. 63.5(e).....................  Approval of Construction  Yes..................
                                      or Reconstruction.
Sec. 63.5(f)(1)..................  Approval of Construction  Yes..................
                                      or Reconstruction Based
                                      on State Review.
Sec. 63.5(f)(2)..................  ........................  Yes..................  Except that the cross-
                                                                                       reference to Sec.
                                                                                       63.9(b)(2) does not
                                                                                       apply.
Sec. 63.6(a).....................  Compliance with           Yes..................
                                      Standards and
                                      Maintenance--Applicabil
                                      ity.
Sec. 63.6(b)(1)-(4)..............  Compliance Dates for New  Yes..................
                                      and Reconstructed
                                      Sources.
Sec. 63.6(b)(5)..................  ........................  Yes..................  Except that this subpart
                                                                                       specifies different
                                                                                       compliance dates for
                                                                                       sources.
Sec. 63.6(b)(6)..................  [Reserved]..............  Not applicable.......
Sec. 63.6(b)(7)..................  Compliance Dates for New  Yes..................
                                      and Reconstructed Area
                                      Sources That Become
                                      Major.
Sec. 63.6(c)(1)-(2)..............  Compliance Dates for      Yes..................  Except that this subpart
                                      Existing Sources.                                specifies different
                                                                                       compliance dates for
                                                                                       sources subject to Tier
                                                                                       II gasoline sulfur
                                                                                       control requirements.
Sec. 63.6(c)(3)-(4)..............  [Reserved]..............  Not applicable.......
Sec. 63.6(c)(5)..................  Compliance Dates for      Yes..................
                                      Existing Area Sources
                                      That Become Major.
Sec. 63.6(d).....................  [Reserved]..............  Not applicable.......
Sec. 63.6(e)(1)(i)...............  General Duty to Minimize  No...................  See Sec. 63.1570(c) for
                                      Emissions.                                       general duty requirement.
Sec. 63.6(e)(1)(ii)..............  Requirement to Correct    No...................
                                      Malfunctions as Soon as
                                      Possible.
Sec. 63.6(e)(1)(iii).............  Compliance with           Yes..................
                                      Standards and
                                      Maintenance
                                      Requirements.
Sec. 63.6(e)(2)..................  [Reserved]..............  Not Applicable.......
Sec. 63.6(e)(3)(i)...............  Startup, Shutdown, and    No...................
                                      Malfunction Plan
                                      Requirements.
Sec. 63.6(e)(3)(ii)..............  [Reserved]..............  Not applicable.......
Sec. 63.6(e)(3)(iii)-(ix)........  ........................  No...................
Sec. 63.6(f)(1)..................  SSM Exemption...........  No...................
Sec. 63.6(f)(2)(i)-(iii)(C)......  Compliance with           Yes..................
                                      Standards and
                                      Maintenance
                                      Requirements.
Sec. 63.6(f)(2)(iii)(D)..........  ........................  Yes..................
Sec. 63.6(f)(2)(iv)-(v)..........  ........................  Yes..................
Sec. 63.6(f)(3)..................  ........................  Yes..................  Except the cross-
                                                                                       references to Sec.
                                                                                       63.6(f)(1) and (e)(1)(i)
                                                                                       are changed to Sec.
                                                                                       63.1570(c) and this
                                                                                       subpart specifies how and
                                                                                       when the performance test
                                                                                       results are reported.
Sec. 63.6(g).....................  Alternative Standard....  Yes..................
Sec. 63.6(h)(1)..................  SSM Exemption for         No...................
                                      Opacity/VE Standards.
Sec. 63.6(h)(2)(i)...............  Determining Compliance    No...................  This subpart specifies
                                      with Opacity/VE                                  methods.
                                      Standards.
Sec. 63.6(h)(2)(ii)..............  [Reserved]..............  Not applicable.......
Sec. 63.6(h)(2)(iii).............  ........................  Yes..................
Sec. 63.6(h)(3)..................  [Reserved]..............  Not applicable.......
Sec. 63.6(h)(4)..................  Notification of Opacity/  Yes..................  Applies to Method 22 (40
                                      VE Observation Date.                             CFR part 60, appendix A-
                                                                                       7) tests.
Sec. 63.6(h)(5)..................  Conducting Opacity/VE     No...................
                                      Observations.
Sec. 63.6(h)(6)..................  Records of Conditions     Yes..................  Applies to Method 22 (40
                                      During Opacity/VE                                CFR part 60, appendix A-
                                      Observations.                                    7) observations.
Sec. 63.6(h)(7)(i)...............  Report COM Monitoring     Yes..................  Except this subpart
                                      Data from Performance                            specifies how and when
                                      Test.                                            the performance test
                                                                                       results are reported.
Sec. 63.6(h)(7)(ii)..............  Using COM Instead of      No...................
                                      Method 9.
Sec. 63.6(h)(7)(iii).............  Averaging Time for COM    Yes..................
                                      during Performance Test.
Sec. 63.6(h)(7)(iv)..............  COM Requirements........  Yes..................
Sec. 63.6(h)(7)(v)...............  COMS Results and Visual   Yes..................
                                      Observations.

[[Page 212]]

 
Sec. 63.6(h)(8)..................  Determining Compliance    Yes..................  Except this subpart
                                      with Opacity/VE                                  specifies how and when
                                      Standards.                                       the performance test
                                                                                       results are reported.
Sec. 63.6(h)(9)..................  Adjusted Opacity          Yes..................
                                      Standard.
Sec. 63.6(i)(1)-(14).............  Extension of Compliance.  Yes..................  Extension of compliance
                                                                                       under Sec. 63.6(i)(4)
                                                                                       not applicable to a
                                                                                       facility that installs
                                                                                       catalytic cracking feed
                                                                                       hydrotreating and
                                                                                       receives an extended
                                                                                       compliance date under
                                                                                       Sec. 63.1563(c).
Sec. 63.6(i)(15).................  [Reserved]..............  Not applicable.......
Sec. 63.6(i)(16).................  ........................  Yes..................
Sec. 63.6(j).....................  Presidential Compliance   Yes..................
                                      Exemption.
Sec. 63.7(a)(1)..................  Performance Test          Yes..................  Except that this subpart
                                      Requirements                                     specifies the applicable
                                      Applicability.                                   test and demonstration
                                                                                       procedures.
Sec. 63.7(a)(2)..................  Performance Test Dates..  Yes..................  Except this subpart
                                                                                       specifies that the
                                                                                       results of initial
                                                                                       performance tests must be
                                                                                       submitted within 150 days
                                                                                       after the compliance
                                                                                       date.
Sec. 63.7(a)(3)..................  Section 114 Authority...  Yes..................
Sec. 63.7(a)(4)..................  Force Majeure...........  Yes..................
Sec. 63.7(b).....................  Notifications...........  Yes..................  Except that this subpart
                                                                                       specifies notification at
                                                                                       least 30 days prior to
                                                                                       the scheduled test date
                                                                                       rather than 60 days.
Sec. 63.7(c).....................  Quality Assurance         Yes..................  Except that when this
                                      Program/Site-Specific                            subpart specifies to use
                                      Test Plan.                                       40 CFR part 60, appendix
                                                                                       F, out of control periods
                                                                                       are to be defined as
                                                                                       specified in part 60,
                                                                                       appendix F.
Sec. 63.7(d).....................  Performance Test          Yes..................
                                      Facilities.
Sec. 63.7(e)(1)..................  Performance Testing.....  No...................  See Sec. 63.1571(b)(1).
Sec. 63.7(e)(2)-(4)..............  Conduct of Tests........  Yes..................
Sec. 63.7(f).....................  Alternative Test Method.  Yes..................
Sec. 63.7(g).....................  Data Analysis,            Yes..................  Except this subpart
                                      Recordkeeping,                                   specifies how and when
                                      Reporting.                                       the performance test or
                                                                                       performance evaluation
                                                                                       results are reported and
                                                                                       Sec. 63.7(g)(2) is
                                                                                       reserved and does not
                                                                                       apply.
Sec. 63.7(h).....................  Waiver of Tests.........  Yes..................
Sec. 63.8(a)(1)..................  Monitoring Requirements-  Yes..................
                                      Applicability.
Sec. 63.8(a)(2)..................  Performance               Yes..................
                                      Specifications.
Sec. 63.8(a)(3)..................  [Reserved]..............  Not applicable.......
Sec. 63.8(a)(4)..................  Monitoring with Flares..  Yes..................  Except that for a flare
                                                                                       complying with Sec.
                                                                                       63.670, the cross-
                                                                                       reference to Sec. 63.11
                                                                                       in this paragraph does
                                                                                       not include Sec.
                                                                                       63.11(b).
Sec. 63.8(b)(1)..................  Conduct of Monitoring...  Yes..................
Sec. 63.8(b)(2)-(3)..............  Multiple Effluents and    Yes..................  This subpart specifies the
                                      Multiple Monitoring                              required monitoring
                                      Systems.                                         locations.
Sec. 63.8(c)(1)..................  Monitoring System         Yes..................
                                      Operation and
                                      Maintenance.
Sec. 63.8(c)(1)(i)...............  General Duty to Minimize  No...................  See Sec. 63.1570(c).
                                      Emissions and CMS
                                      Operation.
Sec. 63.8(c)(1)(ii)..............  Keep Necessary Parts for  Yes..................
                                      CMS.
Sec. 63.8(c)(1)(iii).............  Requirement to Develop    No...................
                                      SSM Plan for CMS.
Sec. 63.8(c)(2)-(3)..............  Monitoring System         Yes..................  Except that this subpart
                                      Installation.                                    specifies that for
                                                                                       continuous parameter
                                                                                       monitoring systems,
                                                                                       operational status
                                                                                       verification includes
                                                                                       completion of
                                                                                       manufacturer written
                                                                                       specifications or
                                                                                       installation, operation,
                                                                                       and calibration of the
                                                                                       system or other written
                                                                                       procedures that provide
                                                                                       adequate assurance that
                                                                                       the equipment will
                                                                                       monitor accurately.
Sec. 63.8(c)(4)..................  Continuous Monitoring     Yes..................
                                      System Requirements.
Sec. 63.8(c)(5)..................  COMS Minimum Procedures.  Yes..................
Sec. 63.8(c)(6)..................  CMS Requirements........  Yes..................
Sec. 63.8(c)(7)-(8)..............  CMS Requirements........  Yes..................

[[Page 213]]

 
Sec. 63.8(d)(1)-(2)..............  Quality Control Program   Yes..................
                                      for CMS.
Sec. 63.8(d)(3)..................  Written Procedures for    No...................
                                      CMS.
Sec. 63.8(e).....................  CMS Performance           Yes..................  Except this subpart
                                      Evaluation.                                      specifies how and when
                                                                                       the performance
                                                                                       evaluation results are
                                                                                       reported.
Sec. 63.8(f)(1)-(5)..............  Alternative Monitoring    Yes..................  Except that this subpart
                                      Methods.                                         specifies procedures for
                                                                                       requesting alternative
                                                                                       monitoring systems and
                                                                                       alternative parameters.
Sec. 63.8(f)(6)..................  Alternative to Relative   Yes..................  Applicable to continuous
                                      Accuracy Test.                                   emission monitoring
                                                                                       systems if performance
                                                                                       specification requires a
                                                                                       relative accuracy test
                                                                                       audit.
Sec. 63.8(g)(1)-(4)..............  Reduction of Monitoring   Yes..................  Applies to continuous
                                      Data.                                            opacity monitoring system
                                                                                       or continuous emission
                                                                                       monitoring system.
Sec. 63.8(g)(5)..................  Data Reduction..........  No...................  This subpart specifies
                                                                                       requirements.
Sec. 63.9(a).....................  Notification              Yes..................  Duplicate Notification of
                                      Requirements--Applicabi                          Compliance Status report
                                      lity.                                            to the Regional
                                                                                       Administrator may be
                                                                                       required.
Sec. 63.9(b)(1)-(2)..............  Initial Notifications...  Yes..................  Except that notification
                                                                                       of construction or
                                                                                       reconstruction is to be
                                                                                       submitted as soon as
                                                                                       practicable before
                                                                                       startup but no later than
                                                                                       30 days after the
                                                                                       effective date if
                                                                                       construction or
                                                                                       reconstruction had
                                                                                       commenced but startup had
                                                                                       not occurred before the
                                                                                       effective date.
Sec. 63.9(b)(3)..................  [Reserved]..............  Not applicable.......
Sec. 63.9(b)(4)-(5)..............  Initial Notification      Yes..................  Except Sec.
                                      Information.                                     63.9(b)(4)(ii)-(iv),
                                                                                       which are reserved and do
                                                                                       not apply.
Sec. 63.9(c).....................  Request for Extension of  Yes..................
                                      Compliance.
Sec. 63.9(d).....................  New Source Notification   Yes..................
                                      for Special Compliance
                                      Requirements.
Sec. 63.9(e).....................  Notification of           Yes..................  Except that notification
                                      Performance Test.                                is required at least 30
                                                                                       days before test.
Sec. 63.9(f).....................  Notification of VE/       Yes..................
                                      Opacity Test.
Sec. 63.9(g).....................  Additional Notification   Yes..................
                                      Requirements for
                                      Sources with Continuous
                                      Monitoring Systems.
Sec. 63.9(h).....................  Notification of           Yes..................  Except that this subpart
                                      Compliance Status.                               specifies the
                                                                                       notification is due no
                                                                                       later than 150 days after
                                                                                       compliance date, and
                                                                                       except that the reference
                                                                                       to Sec.
                                                                                       63.5(d)(1)(ii)(H) in Sec.
                                                                                         63.9(h)(5) does not
                                                                                       apply.
Sec. 63.9(i).....................  Adjustment of Deadlines.  Yes..................
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).
63.10(a)...........................  Recordkeeping and         Yes..................
                                      Reporting Applicability.
Sec. 63.10(b)(1).................  General Recordkeeping     Yes..................
                                      Requirements.
Sec. 63.10(b)(2)(i)..............  Recordkeeping of          No...................
                                      Occurrence and Duration
                                      of Startups and
                                      Shutdowns.
Sec. 63.10(b)(2)(ii).............  Recordkeeping of          No...................  See Sec. 63.1576(a)(2)
                                      Malfunctions.                                    for recordkeeping of (1)
                                                                                       date, time and duration;
                                                                                       (2) listing of affected
                                                                                       source or equipment, and
                                                                                       an estimate of the volume
                                                                                       of each regulated
                                                                                       pollutant emitted over
                                                                                       the standard; and (3)
                                                                                       actions taken 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          No...................
                                      Minimize Emissions
                                      During SSM.
Sec. 63.10(b)(2)(vi).............  Recordkeeping for CMS     Yes..................
                                      Malfunctions.
Sec. 63.10(b)(2)(vii)-(xiv)......  Other CMS Requirements..  Yes..................
Sec. 63.10(b)(3).................  Recordkeeping for         Yes..................
                                      Applicability
                                      Determinations..

[[Page 214]]

 
Sec. 63.10(c)(1)-(6).............  Additional Records for    Yes..................  Except Sec. 63.10(c)(2)-
                                      Continuous Monitoring                            (4), which are Reserved
                                      Systems.                                         and do not apply.
Sec. 63.10(c)(7)-(8).............  Additional Recordkeeping  Yes..................
                                      Requirements for CMS--
                                      Identifying Exceedances
                                      and Excess Emissions.
Sec. 63.10(c)(9).................  [Reserved]..............  Not applicable.......
Sec. 63.10(c)(10)................  Recording Nature and      No...................  See Sec. 63.1576(a)(2)
                                      Cause of Malfunctions.                           for malfunctions
                                                                                       recordkeeping
                                                                                       requirements.
Sec. 63.10(c)(11)................  Recording Corrective      No...................  See Sec. 63.1576(a)(2)
                                      Actions.                                         for malfunctions
                                                                                       recordkeeping
                                                                                       requirements.
Sec. 63.10(c)(12)-(14)...........  Additional CMS            Yes..................
                                      Recordkeeping
                                      Requirements.
Sec. 63.10(c)(15)................  Use of SSM Plan.........  No...................
Sec. 63.10(d)(1).................  General Reporting         Yes..................
                                      Requirements.
Sec. 63.10(d)(2).................  Performance Test Results  No...................  This subpart specifies how
                                                                                       and when the performance
                                                                                       test results are
                                                                                       reported.
Sec. 63.10(d)(3).................  Opacity or VE             Yes..................
                                      Observations.
Sec. 63.10(d)(4).................  Progress Reports........  Yes..................
Sec. 63.10(d)(5).................  SSM Reports.............  No...................  See Sec. 63.1575(d) for
                                                                                       CPMS malfunction
                                                                                       reporting and Sec.
                                                                                       63.1575(e) for COMS and
                                                                                       CEMS malfunction
                                                                                       reporting.
Sec. 63.10(e)(1)-(2).............  Additional CMS Reports..  Yes..................  Except this subpart
                                                                                       specifies how and when
                                                                                       the performance
                                                                                       evaluation results are
                                                                                       reported.
Sec. 63.10(e)(3).................  Excess Emissions/CMS      No...................  This subpart specifies the
                                      Performance Reports.                             applicable requirements.
Sec. 63.10(e)(4).................  COMS Data Reports.......  Yes..................  Except this subpart
                                                                                       specifies how and when
                                                                                       the performance test
                                                                                       results are reported.
Sec. 63.10(f)....................  Recordkeeping/Reporting   Yes..................
                                      Waiver.
Sec. 63.11(a)....................  Control Device and Work   Yes..................
                                      Practice Requirements
                                      Applicability.
Sec. 63.11(b)....................  Flares..................  Yes..................  Except that flares
                                                                                       complying with Sec.
                                                                                       63.670 are not subject to
                                                                                       the requirements of Sec.
                                                                                        63.11(b).
Sec. 63.11(c)-(e)................  Alternative Work          Yes..................
                                      Practice for Monitoring
                                      Equipment for Leaks.
Sec. 63.12.......................  State Authority and       Yes..................
                                      Delegations.
Sec. 63.13.......................  Addresses...............  Yes..................
Sec. 63.14.......................  Incorporation by          Yes..................
                                      Reference.
Sec. 63.15.......................  Availability of           Yes..................
                                      Information and
                                      Confidentiality.
Sec. 63.16.......................  Performance Track         Yes..................  ..........................
                                      Provisions.
----------------------------------------------------------------------------------------------------------------


[80 FR 75320, Dec. 1, 2015, as amended at 83 FR 60727, Nov. 26, 2018; 85 
FR 73901, Nov. 19, 2020]



   Sec. Appendix A to Subpart UUU of Part 63--Determination of Metal 
  Concentration on Catalyst Particles (Instrumental Analyzer Procedure)

                       1.0 Scope and Application.

    1.1 Analytes. The analytes for which this method is applicable 
include any elements with an atomic number between 11 (sodium) and 92 
(uranium), inclusive. Specific analytes for which this method was 
developed include:

------------------------------------------------------------------------
                                                     Minimum detectable
              Analyte                   CAS No.             limit
------------------------------------------------------------------------
Nickel compounds..................       7440-02-0  <2 % of span.
Total chlorides...................      16887-00-6  <2 % of span.
------------------------------------------------------------------------

    1.2 Applicability. This method is applicable to the determination of 
analyte concentrations on catalyst particles. This method is applicable 
for catalyst particles obtained from the fluid catalytic cracking unit

[[Page 215]]

(FCCU) regenerator (i.e., equilibrium catalyst), from air pollution 
control systems operated for the FCCU catalyst regenerator vent (FCCU 
fines), from catalytic reforming units (CRU), and other processes as 
specified within an applicable regulation. This method is applicable 
only when specified within the regulation.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from the analytical 
method.

                         2.0 Summary of Method.

    2.1 A representative sample of catalyst particles is collected, 
prepared, and analyzed for analyte concentration using either energy or 
wavelength dispersive X-ray fluorescent (XRF) spectrometry instrumental 
analyzers. In both types of XRF spectrometers, the instrument irradiates 
the sample with high energy (primary) x-rays and the elements in the 
sample absorb the x-rays and then re-emit secondary (fluorescent) x-rays 
of characteristic wavelengths for each element present. In energy 
dispersive XRF spectrometers, all secondary x-rays (of all wavelengths) 
enter the detector at once. The detector registers an electric current 
having a height proportional to the photon energy, and these pulses are 
then separated electronically, using a pulse analyzer. In wavelength 
dispersive XRF spectrometers, the secondary x-rays are dispersed 
spatially by crystal diffraction on the basis of wavelength. The crystal 
and detector are made to synchronously rotate and the detector then 
receives only one wavelength at a time. The intensity of the x-rays 
emitted by each element is proportional to its concentration, after 
correcting for matrix effects. For nickel compounds and total chlorides, 
the XRF instrument response is expected to be linear to analyte 
concentration. Performance specifications and test procedures are 
provided to ensure reliable data.

                            3.0 Definitions.

    3.1 Measurement System. The total equipment required for the 
determination of analyte concentration. The measurement system consists 
of the following major subsystems:
    3.1.1 Sample Preparation. That portion of a system used for one or 
more of the following: sample acquisition, sample transport, sample 
conditioning, or sample preparation prior to introducing the sample into 
the analyzer.
    3.1.2 Analyzer. That portion of the system that senses the analyte 
to be measured and generates an output proportional to its 
concentration.
    3.1.3 Data Recorder. A digital recorder or personal computer used 
for recording measurement data from the analyzer output.
    3.2 Span. The upper limit of the gas concentration measurement range 
displayed on the data recorder.
    3.3 Calibration Standards. Prepared catalyst samples or other 
samples of known analyte concentrations used to calibrate the analyzer 
and to assess calibration drift.
    3.4 Energy Calibration Standard. Calibration standard, generally 
provided by the XRF instrument manufacturer, used for assuring accuracy 
of the energy scale.
    3.5 Accuracy Assessment Standard. Prepared catalyst sample or other 
sample of known analyte concentrations used to assess analyzer accuracy 
error.
    3.6 Zero Drift. The difference in the measurement system output 
reading from the initial value for zero concentration level calibration 
standard after a stated period of operation during which no unscheduled 
maintenance, repair, or adjustment took place.
    3.7 Calibration Drift. The difference in the measurement system 
output reading from the initial value for the mid-range calibration 
standard after a stated period of operation during which no unscheduled 
maintenance, repair, or adjustment took place.
    3.8 Spectral Interferences. Analytical interferences and excessive 
biases caused by elemental peak overlap, escape peak, and sum peak 
interferences between elements in the samples.
    3.9 Calibration Curve. A graph or other systematic method of 
establishing the relationship between the analyzer response and the 
actual analyte concentration introduced to the analyzer.
    3.10 Analyzer Accuracy Error. The difference in the measurement 
system output reading and the ideal value for the accuracy assessment 
standard.

                           4.0 Interferences.

    4.1 Spectral interferences with analyte line intensity determination 
are accounted for within the method program. No action is required by 
the XRF operator once these interferences have been addressed within the 
method.
    4.2 The X-ray production efficiency is affected by particle size for 
the very lightest elements. However, particulate matter (PM) 2.5 
particle size effects are substantially <1 percent for most elements. 
The calibration standards should be prepared with material of similar 
particle size or be processed (ground) to produce material of similar 
particle size as the catalyst samples to be analyzed. No additional 
correction for particle size is performed. Alternatively, the sample can 
be fused in order to eliminate any potential particle size effects.

[[Page 216]]

                               5.0 Safety.

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user of this test method to establish appropriate safety and health 
practices and determine the applicability of regulatory limitations 
prior to performing this test method.
    5.2 X-ray Exposure. The XRF uses X-rays; XRF operators should follow 
instrument manufacturer's guidelines to protect from accidental exposure 
to X-rays when the instrument is in operation.
    5.3 Beryllium Window. In most XRF units, a beryllium (Be) window is 
present to separate the sample chamber from the X-ray tube and detector. 
The window is very fragile and brittle. Do not allow sample or debris to 
fall onto the window, and avoid using compressed air to clean the window 
because it will cause the window to rupture. If the window should 
rupture, note that Be metal is poisonous. Use extreme caution when 
collecting pieces of Be and consult the instrument manufacturer for 
advice on cleanup of the broken window and replacement.

                       6.0 Equipment and Supplies.

    6.1 Measurement System. Use any measurement system that meets the 
specifications of this method listed in section 13. The typical 
components of the measurement system are described below.
    6.1.1 Sample Mixer/Mill. Stainless steel, or equivalent to grind/mix 
catalyst and binders, if used, to produce uniform particle samples.
    6.1.2 Sample Press/Fluxer. Stainless steel, or equivalent to produce 
pellets of sufficient size to fill analyzer sample window, or 
alternatively, a fusion device capable of preparing a fused disk of 
sufficient size to fill analyzer sample window.
    6.1.3 Analytical Balance. 0.0001 gram accuracy 
for weighing prepared samples (pellets).
    6.1.4 Analyzer. An XRF spectrometer to determine the analyte 
concentration in the prepared sample. The analyzer must meet the 
applicable performance specifications in section 13.
    6.1.5 Data Recorder. A digital recorder or personal computer for 
recording measurement data. The data recorder resolution (i.e., 
readability) must be 0.5 percent of span. Alternatively, a digital or 
analog meter having a resolution of 0.5 percent of span may be used to 
obtain the analyzer responses and the readings may be recorded manually.

                       7.0 Reagents and Standards.

    7.1 Calibration Standards. The calibration standards for the 
analyzer must be prepared catalyst samples or other material of similar 
particle size and matrix as the catalyst samples to be tested that have 
known concentrations of the analytes of interest. Preparation (grinding/
milling/fusion) of the calibration standards should follow the same 
processes used to prepare the catalyst samples to be tested. The 
calibration standards values must be established as the average of a 
minimum of three analyses using an approved EPA or ASTM method with 
instrument analyzer calibrations traceable to the U.S. National 
Institute of Standards and Technology (NIST), if available. The maximum 
percent deviation of the triplicate calibration standard analyses should 
agree within 10 percent of the average value for the triplicate analysis 
(see Figure 1). If the calibration analyses do not meet this criteria, 
the calibration standards must be re-analyzed. If unacceptable 
variability persists, new calibration standards must be prepared. 
Approved methods for the calibration standard analyses include, but are 
not limited to, EPA Methods 6010B, 6020, 7520, or 7521 of SW-846.\1\ Use 
a minimum of four calibration standards as specified below (see Figure 
1):
    7.1.1 High-Range Calibration Standard. Concentration equivalent to 
80 to 100 percent of the span. The concentration of the high-range 
calibration standard should exceed the maximum concentration anticipated 
in the catalyst samples.
    7.1.2 Mid-Range Calibration Standard. Concentration equivalent to 40 
to 60 percent of the span.
    7.1.3 Low-Range Calibration Standard. Concentration equivalent to 1 
to 20 percent of the span. The concentration of the low-range 
calibration standard should be selected so that it is less than either 
one-fourth of the applicable concentration limit or of the lowest 
concentration anticipated in the catalyst samples.
    7.1.4 Zero Calibration Standard. Concentration of less than 0.25 
percent of the span.
    7.2 Accuracy Assessment Standard. Prepare an accuracy assessment 
standard and determine the ideal value for the accuracy assessment 
standard following the same procedures used to prepare and analyze the 
calibration standards as described in section 7.1. The maximum percent 
deviation of the triplicate accuracy assessment standard analyses should 
agree within 10 percent of the average value for the triplicate analysis 
(see Figure 1). The concentration equivalent of the accuracy assessment 
standard must be between 20 and 80 percent of the span.
    7.3 Energy Calibration Standard. Generally, the energy calibration 
standard will be provided by the XRF instrument manufacturer for energy 
dispersive spectrometers. Energy calibration is performed using the 
manufacturer's recommended calibration standard and involves measurement 
of a specific energy line (based on the metal in the

[[Page 217]]

energy calibration standard). This is generally an automated procedure 
used to assure the accuracy of the energy scale. This calibration 
standard may not be applicable to all models of XRF spectrometers 
(particularly wavelength dispersive XRF spectrometers).

 8.0 Sample Collection, Preservation, Transport, and Storage. [Reserved]

                          9.0 Quality Control.

    9.1 Energy Calibration. For energy dispersive spectrometers, conduct 
the energy calibration by analyzing the energy calibration standard 
provided by the manufacturer. The energy calibration involves 
measurement of a specific energy line (based on the metal in the energy 
calibration standard) and then determination of the difference between 
the measured peak energy value and the ideal value. This analysis, if 
applicable, should be performed daily prior to any sample analyses to 
check the instrument's energy scale. This is generally an automated 
procedure and assures the accuracy of the energy scale. If the energy 
scale calibration process is not automated, follow the manufacturer's 
procedures to manually adjust the instrument, as necessary.
    9.2 Zero Drift Test. Conduct the zero drift test by analyzing the 
analyte concentration output by the measurement system with the initial 
calibration value for the zero calibration standard (see Figure 2). This 
analysis should be performed with each set of samples analyzed.
    9.3 Calibration Drift Test. Conduct the calibration drift test by 
analyzing the analyte concentration output by the measurement system 
with the initial calibration value for the mid-range calibration 
standard (see Figure 2). This analysis should be performed with each set 
of samples analyzed.
    9.4 Analyzer Accuracy Test. Conduct the analyzer accuracy test by 
analyzing the accuracy assessment standard and comparing the value 
output by the measurement system with the ideal value for the accuracy 
assessment standard (see Figure 2). This analysis should be performed 
with each set of samples analyzed.

                  10.0 Calibration and Standardization.

    10.1 Perform the initial calibration and set-up following the 
instrument manufacturer's instructions. These procedures should include, 
at a minimum, the major steps listed in sections 10.2 and 10.3. 
Subsequent calibrations are to be performed when either a quality 
assurance/quality control (QA/QC) limit listed in section 13 is exceeded 
or when there is a change in the excitation conditions, such as a change 
in the tube, detector, X-ray filters, or signal processor. Calibrations 
are typically valid for 6 months to 1 year.
    10.2 Instrument Calibration. Calibration is performed initially with 
calibration standards of similar matrix and binders, if used, as the 
samples to be analyzed (see Figure 1).
    10.3 Reference Peak Spectra. Acquisition of reference spectra is 
required only during the initial calibration. As long as no processing 
methods have changed, these peak shape references remain valid. This 
procedure consists of placing the standards in the instrument and 
acquiring individual elemental spectra that are stored in the method 
file with each of the analytical conditions. These reference spectra are 
used in the standard deconvolution of the unknown spectra.

                       11.0 Analytical Procedure.

    11.1 Sample Preparation. Prepare catalyst samples using the same 
procedure used to prepare the calibration standards. Measure and record 
the weight of sample used. Measure and record the amount of binder, if 
any, used. Pellets or films must be of sufficient size to cover the 
analyzer sample window.
    11.2 Sample Analyses. Place the prepared catalyst samples into the 
analyzer. Follow the manufacturer's instructions for analyzing the 
samples.
    11.3 Record and Store Data. Use a digital recorder or personal 
computer to record and store results for each sample. Record any 
mechanical or software problems encountered during the analysis.

                  12.0 Data Analysis and Calculations.

    Carry out the following calculations, retaining at least one extra 
significant figure beyond that of the acquired data. Round off figures 
after final calculation.
    12.1 Drift. Calculate the zero and calibration drift for the tests 
described in sections 9.2 and 9.3 (see also Figure 2) as follows:

[GRAPHIC] [TIFF OMITTED] TR09FE05.010

Where:
CurrentAnalyzerCal.Response = Instrument response for current QC sample 
          analyses;
InitialCal.Response = Initial instrument response for calibration 
          standard;

[[Page 218]]

QC Value = QC metric (zero drift or calibration drift), percent of span;
Span = Span of the monitoring system.

    12.2 Analyzer Accuracy. Calculate the analyzer accuracy error for 
the tests described in section 9.4 (see also Figure 2) as follows:
[GRAPHIC] [TIFF OMITTED] TR09FE05.011

Where:

Accuracy Value = Percent difference of instrument response to the ideal 
          response for the accuracy assessment standard;
CurrentAnalyzerCal.Response = Instrument response for current QC sample 
          analyses;
IdealCal.Response = Ideal instrument response for the accuracy 
          assessment standard.

                        13.0 Method Performance.

    13.1 Analytical Range. The analytical range is determined by the 
instrument design. For this method, a portion of the analytical range is 
selected by choosing the span of the monitoring system. The span of the 
monitoring system must be selected such that it encompasses the range of 
concentrations anticipated to occur in the catalyst sample. If 
applicable, the span must be selected such that the analyte 
concentration equivalent to the emission standard is not less than 30 
percent of the span. If the measured analyte concentration exceeds the 
concentration of the high-range calibration standard, the sample 
analysis is considered invalid. Additionally, if the measured analyte 
concentration is less than the concentration of the low-range 
calibration standard but above the detectable limit, the sample analysis 
results must be flagged with a footnote stating, in effect, that the 
analyte was detected but that the reported concentration is below the 
lower quantitation limit.
    13.2 Minimum Detectable Limit. The minimum detectable limit depends 
on the signal-to-noise ratio of the measurement system. For a well-
designed system, the minimum detectable limit should be less than 2 
percent of the span.
    13.3 Zero Drift. Less than 2 percent of the 
span.
    13.4 Calibration Drift. Less than 5 percent of 
the span.
    13.5 Analyzer Accuracy Error. Less than 10 
percent.

                  14.0 Pollution Prevention. [Reserved]

                    15.0 Waste Management. [Reserved]

                 16.0 Alternative Procedures. [Reserved]

                            17.0 References.

    1. U.S. Environmental Protection Agency. 1998. Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods. EPA Publication No. 
SW-846, Revision 5 (April 1998). Office of Solid Waste, Washington, DC.

         18.0 Tables, Diagrams, Flowcharts, and Validation Data.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Date:
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Analytic Method Used:
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Zero \a\              Low-Range \b\          Mid-Range \c\          High-Range \d\        Accuracy Std \e\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sample Run:........................
    1..............................
    2..............................
    3..............................
Average............................
Maximum Percent Deviation .........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Average must be less than 0.25 percent of span.
\b\ Average must be 1 to 20 percent of span.
\c\ Average must be 40 to 60 percent of span.
\d\ Average must be 80 to 100 percent of span.
\e\ Average must be 20 to 80 percent of span.

   Figure 1. Data Recording Sheet for Analysis of Calibration Samples.

    Source Identification:
    Run Number:
    Test Personnel:
    Span:
    Date:

[[Page 219]]



----------------------------------------------------------------------------------------------------------------
                                                                                      Current
                                                                      Initial        analyzer     Drift (percent
                                                                    calibration     calibration      of span)
                                                                     response        response
----------------------------------------------------------------------------------------------------------------
Zero Standard...................................................
Mid-range Standard..............................................


----------------------------------------------------------------------------------------------------------------
                                                                                      Current
                                                                       Ideal         analyzer     Accuracy error
                                                                    calibration     calibration     (percent of
                                                                     response        response         ideal)
----------------------------------------------------------------------------------------------------------------
Accuracy Standard...............................................
----------------------------------------------------------------------------------------------------------------

Figure 2. Data Recording Sheet for System Calibration Drift Data.

[70 FR 6970, Feb. 9, 2005, as amended at 80 FR 75325, Dec. 1, 2015]



 Subpart VVV_National Emission Standards for Hazardous Air Pollutants: 
                     Publicly Owned Treatment Works

    Source: 82 FR 49525, Oct. 26, 2017, unless otherwise noted.

                              Applicability



Sec. 63.1580  Am I subject to this subpart?

    (a) You are subject to this subpart if the following are all true:
    (1) You own or operate a publicly owned treatment works (POTW) that 
includes an affected source (Sec. 63.1595);
    (2) The affected source is located at a Group 2 POTW which is a 
major source of HAP emissions, or at any Group 1 POTW regardless of 
whether or not it is a major source of HAP; and
    (3) Your POTW is required to develop and implement a pretreatment 
program as defined by 40 CFR 403.8, or your POTW meets the general 
criteria for development and implementation of a pretreatment program.
    (b) If your existing POTW treatment plant is not located at a major 
source as of October 26, 1999, but thereafter becomes a major source for 
any reason other than reconstruction, then, for the purpose of this 
subpart, your POTW treatment plant would be considered an existing 
source.

    Note to paragraph (b): See Sec. 63.2 of the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) General Provisions in 
subpart A of this part for the definitions of major source and area 
source.

    (c) If you commence construction or reconstruction of your POTW 
treatment plant after December 1, 1998, then the requirements for a new 
POTW apply.



Sec. 63.1581  Does the subpart distinguish between different types
of POTW treatment plants?

    Yes, POTW treatment plants are divided into two subcategories: Group 
1 POTW treatment plants and Group 2 POTW treatment plants, as described 
in paragraphs (a) through (c) of this section.
    (a) Your POTW is a Group 1 POTW treatment plant if an industrial 
user complies with its NESHAP by using the treatment and controls 
located at your POTW treatment plant. Your POTW treatment plant accepts 
the regulated waste stream and provides treatment and controls as an 
agent for the industrial user. Group 1 POTW treatment plant is defined 
in Sec. 63.1595.
    (b) Your POTW is a Group 2 POTW treatment plant if your POTW treats 
wastewater that is not subject to control by another NESHAP or the 
industrial user does not comply with its NESHAP by using the treatment 
and controls located at your POTW treatment plant. ``Group 2 POTW 
treatment plant'' is defined in Sec. 63.1595.
    (c) If, in the future, an industrial user complies with its NESHAP 
by using the treatment and controls located at your POTW treatment 
plant, then your Group 2 POTW treatment plant becomes a Group 1 POTW 
treatment plant on the date your POTW begins treating that regulated 
industrial wastewater stream.

[[Page 220]]

             Requirements for Group 1 POTW Treatment Plants



Sec. 63.1582  [Reserved]



Sec. 63.1583  What are the emission points and control requirements 
for a Group 1 POTW treatment plant?

    (a) The emission points and control requirements for an existing 
Group 1 POTW treatment plant are specified in the appropriate NESHAP for 
the industrial user(s).
    (b) The emission points and control requirements for a new Group 1 
POTW treatment plant are both those specified by the appropriate NESHAP 
which apply to the industrial user(s) who discharge their waste for 
treatment to the POTW, and those emission points and control 
requirements set forth in Sec. 63.1586(b) or (c), as applicable.
    (c) If your existing or new Group 1 POTW treatment plant accepts one 
or more specific regulated industrial waste streams as part of 
compliance with one or more other NESHAP, then you are subject to all 
the requirements of each appropriate NESHAP for each waste stream.
    (d) At all times, the POTW must operate and maintain any affected 
source, including associated air pollution control equipment and 
monitoring equipment, in a manner consistent with safety and good air 
pollution control practices for minimizing emissions. The general duty 
to minimize emissions does not require the POTW 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.



Sec. 63.1584  [Reserved]



Sec. 63.1585  How does a Group 1 POTW treatment plant demonstrate compliance?

    (a) An existing Group 1 POTW treatment plant demonstrates compliance 
by operating treatment and control devices which meet all requirements 
specified in the appropriate NESHAP. Requirements may include 
performance tests, routine monitoring, recordkeeping, and reporting.
    (b) A new Group 1 POTW treatment plant demonstrates compliance by 
operating treatment and control devices which meet all requirements 
specified in the appropriate NESHAP and by meeting the requirements 
specified in Sec. 63.1586, as applicable, as well as the applicable 
requirements in Sec. Sec. 63.1588 through 63.1595.

       Requirements for Group 1 and Group 2 POTW Treatment Plants



Sec. 63.1586  What are the emission points and control requirements 
for a Group 1 or Group 2 POTW?

    (a) An existing Group 1 or Group 2 POTW treatment plant must comply 
with the initial notification requirements in Sec. 63.1591(a).
    (b) Cover and control standard. Except as provided in paragraph (c) 
of this section, new Group 1 and Group 2 POTW treatment plants must 
install covers on the emission points up to, but not including, the 
secondary influent pumping station or the secondary treatment units. 
These emission points are treatment units that include, but are not 
limited to, influent waste stream conveyance channels, bar screens, grit 
chambers, grinders, pump stations, aerated feeder channels, primary 
clarifiers, primary effluent channels, and primary screening stations. 
In addition, all covered units, except primary clarifiers, must have the 
air in the headspace underneath the cover ducted to a control device in 
accordance with the standards for closed-vent systems and control 
devices in Sec. 63.693 of subpart DD--National Emission Standards for 
Hazardous Air Pollutants from Off-site Waste and Recovery Operations of 
this part, except you may substitute visual inspections for leak 
detection rather than Method 21 of appendix A-7 of part 60 of this 
chapter. Covers must meet the following requirements:
    (1) Covers must be tightly fitted and designed and operated to 
prevent exposure of the wastewater to the atmosphere. This includes, but 
is not limited

[[Page 221]]

to, the absence of visible cracks, holes, or gaps in the roof sections 
or between the roof and the supporting wall; broken, cracked, or 
otherwise damaged seals or gaskets on closure devices; and broken or 
missing hatches, access covers, caps, or other closure devices.
    (2) If wastewater is in a treatment unit, each opening in the cover 
must be maintained in a closed, sealed position, unless plant personnel 
are present and conducting wastewater or sludge sampling, or equipment 
inspection, maintenance, or repair.
    (c) HAP fraction emitted standard. As an alternative to the 
requirements in paragraph (b) of this section, a new Group 1 and Group 2 
POTW treatment plant may comply by demonstrating, for all emission 
points up to, but not including, the secondary influent pumping station 
or the secondary treatment units, that the annual rolling average HAP 
fraction emitted (calculated as specified in Sec. 63.1588(c)(3)) does 
not exceed 0.014. You must demonstrate that for your POTW treatment 
plant, the sum of all HAP emissions from these units divided by the sum 
of all HAP mass loadings to the POTW treatment plant results in an 
annual rolling average of the HAP fraction emitted of no greater than 
0.014. You may use any combination of pretreatment, wastewater treatment 
plant modifications, and control devices to achieve this performance 
standard.
    (d) At all times, the POTW must operate and maintain any affected 
source, including associated air pollution control equipment and 
monitoring equipment, in a manner consistent with safety and good air 
pollution control practices for minimizing emissions. The general duty 
to minimize emissions does not require the POTW to make any further 
efforts to reduce emissions if the requirements of the applicable 
standard have been met. 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.



Sec. 63.1587  When do I have to comply?

    Sources subject to this subpart are required to achieve compliance 
on or before the dates specified in table 2 of this subpart.



Sec. 63.1588  How do Group 1 and Group 2 POTW treatment plants
demonstrate compliance?

    (a) If you are complying with Sec. 63.1586(b) by using covers, you 
must conduct the following inspections:
    (1) You must visually check the cover and its closure devices for 
defects that could result in air emissions. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the roof sections or 
between the roof and the supporting wall; broken, cracked, or otherwise 
damaged seals or gaskets on closure devices; and broken or missing 
hatches, access covers, caps, or other closure devices.
    (2) You must perform an initial visual inspection within 60 calendar 
days of becoming subject to this NESHAP and perform follow-up 
inspections at least once per year, thereafter.
    (3) In the event that you find a defect on a cover on a treatment 
unit in use, you must repair the defect within 45 calendar days. If you 
cannot repair within 45 calendar days, you must notify the EPA or the 
delegated authority immediately and report the reason for the delay and 
the date you expect to complete the repair. If you find a defect on a 
cover on a treatment unit that is not in service, you must repair the 
defect prior to putting the treatment unit back in wastewater service.
    (b) If you own or operate a control device used to meet the 
requirements for Sec. 63.1586(b), you must comply with the inspection 
and monitoring requirements of Sec. 63.695(c) of subpart DD of this 
part.
    (c) To comply with the HAP fraction emitted standard specified in 
Sec. 63.1586(c), you must develop, to the satisfaction of the 
Administrator, an Inspection and Monitoring Plan. This Inspection and 
Monitoring Plan must include, at a minimum, the following:
    (1) A method to determine the influent HAP mass loading, i.e., the 
annual

[[Page 222]]

mass quantity for each HAP entering the wastewater treatment plant.
    (2) A method to determine your POTW treatment plant's annual HAP 
emissions for all units up to, but not including, the secondary influent 
pumping station or the secondary treatment units. The method you use to 
determine your HAP emissions, such as modeling or direct source 
measurement, must:
    (i) Be approved by the Administrator for use at your POTW;
    (ii) Account for all factors affecting emissions from your POTW 
treatment plant including, but not limited to, emissions from wastewater 
treatment units; emissions resulting from inspection, maintenance, and 
repair activities; fluctuations (e.g., daily, monthly, annual, seasonal) 
in your influent wastewater HAP concentrations; annual industrial 
loading; performance of control devices; or any other factors that could 
affect your annual HAP emissions; and
    (iii) Include documentation that the values and sources of all data, 
operating conditions, assumptions, etc., used in your method result in 
an accurate estimation of annual emissions from your POTW treatment 
plant.
    (3) A method to demonstrate that your POTW treatment plant meets the 
HAP fraction emitted standard specified in Sec. 63.1586(c), i.e., the 
sum of all HAP emissions from paragraph (c)(2) of this section divided 
by the sum of all HAP mass loadings from paragraph (c)(1) of this 
section results in a fraction emitted of 0.014 or less to demonstrate 
compliance with Sec. 63.1586(c). The Inspection and Monitoring Plan 
must require, at a minimum, that you perform the calculations shown in 
paragraphs (c)(3)(i) through (viii) of this section within 90 days of 
the end of each month. This calculation shall demonstrate that your 
annual rolling average of the HAP fraction emitted is 0.014 or less when 
demonstrating compliance with Sec. 63.1586(c).
    (i) Determine the average daily flow in million gallons per day 
(MGD) of the wastewater entering your POTW treatment plant for the 
month;
    (ii) Determine the flow-weighted monthly concentration of each HAP 
listed in Table 1 to subpart DD of this part that is reasonably 
anticipated to be present in your influent;
    (iii) Using the information in paragraphs (c)(3)(i) and (ii) of this 
section, determine a total annual flow-weighted loading in pounds per 
day (lbs/day) of each HAP entering your POTW treatment plant;
    (iv) Sum up the values for each individual HAP loading in paragraph 
(c)(3)(iii) of this section and determine a total annual flow-weighted 
loading value (lbs/day) for all HAP entering your POTW treatment plant 
for the current month;
    (v) Based on the current month's information in paragraph 
(c)(3)(iii) of this section along with source testing and emission 
modeling, for each HAP, determine the annual emissions (lbs/day) from 
all wastewater units up to, but not including, secondary treatment 
units;
    (vi) Sum up the values in paragraph (c)(3)(v) of this section and 
calculate the total annual emissions value for the month for all HAP 
from all wastewater treatment units up to, but not including, secondary 
treatment units;
    (vii) Calculate the HAP fraction emitted value for the month, using 
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR26OC17.018


Where:
femonthly = HAP fraction emitted for the previous month
[sum]E = Total HAP emissions value from paragraph (c)(3)(vi) of this 
          section
[sum]L = Total annual loading from paragraph (c)(3)(iv) of this section

    (viii) Average the HAP fraction emitted value for the month 
determined in paragraph (c)(3)(vii) of this section, with the values 
determined for the previous 11 months, to calculate an annual rolling 
average of the HAP fraction emitted.
    (4) A method to demonstrate, to the satisfaction of the 
Administrator, that your POTW treatment plant is in continuous 
compliance with the requirements of Sec. 63.1586(c). Continuous 
compliance means that your emissions, when averaged over the course of a 
year, do not exceed the level of emissions that allows your POTW to 
comply with Sec. 63.1586(c). For example, you may identify a 
parameter(s) that you

[[Page 223]]

can monitor that assures your emissions, when averaged over the entire 
year, will meet the requirements in Sec. 63.1586(c). Some example 
parameters that may be considered for monitoring include your wastewater 
influent HAP concentration and flow, industrial loading from your 
permitted industrial users, and your control device performance 
criteria. Where emission reductions are due to proper operation of 
equipment, work practices, or other operational procedures, your 
demonstration must specify the frequency of inspections and the number 
of days to completion of repairs.
    (d) Prior to receiving approval on the Inspection and Monitoring 
Plan, you must follow the plan submitted to the Administrator as 
specified in Sec. 63.1590(f).



Sec. 63.1589  What records must I keep?

    (a) To comply with the cover and control standard specified in Sec. 
63.1586(b), you must prepare and maintain the records required in 
paragraphs (a)(1) through (4) of this section:
    (1) A record for each treatment unit inspection required by Sec. 
63.1588(a). You must include a treatment unit identification number (or 
other unique identification description as selected by you) and the date 
of inspection.
    (2) For each defect detected during inspections required by Sec. 
63.1588(a), you must record the location of the defect, a description of 
the defect, the date of detection, the corrective action taken to repair 
the defect, and the date the repair to correct the defect is completed.
    (3) If repair of the defect is delayed as described in Sec. 
63.1588(a)(3), you must also record the reason for the delay and the 
date you expect to complete the repair.
    (4) If you own or operate a control device used to meet the 
requirements for Sec. 63.1586(b), you must comply with the 
recordkeeping requirements of Sec. 63.696(a), (b), (g), and (h).
    (b) To comply with the HAP fraction emitted standard specified in 
Sec. 63.1586(c), you must prepare and maintain the records required in 
paragraphs (b)(1) through (3) of this section:
    (1) A record of the methods and data used to determine your POTW 
treatment plant's annual HAP loading and HAP emissions as determined in 
Sec. 63.1588(c)(1) and (2) as part of your Inspection and Monitoring 
Plan;
    (2) A record of the methods and data used to determine that your 
POTW treatment plant meets the HAP fraction emitted standard of 0.014 or 
less, as determined in Sec. 63.1588(c)(3) as part of your Inspection 
and Monitoring Plan; and
    (3) A record of the methods and data that demonstrates that your 
POTW treatment plant is in continuous compliance with the requirements 
of Sec. 63.1588(c)(4) to calculate annual emissions as specified in 
your Inspection and Monitoring Plan.
    (c) The POTW must record the malfunction information specified in 
paragraphs (c)(1) through (3) of this section.
    (1) In the event that an affected unit fails to meet an applicable 
standard, record the number of failures. For each failure, record the 
date, time, and duration of the failure.
    (2) For each failure to meet an applicable standard, record and 
retain a list of the affected sources or equipment, an estimate of the 
tons per year of each regulated pollutant emitted over any emission 
limit and a description of the method used to estimate the emissions.
    (3) Record actions taken to minimize emissions in accordance with 
Sec. 63.1583(d) or Sec. 63.1586(d) and any corrective actions taken to 
return the affected unit to its normal or usual manner of operation.
    (d) Any records required to be maintained by this part that are 
submitted electronically via the EPA's Compliance and Emissions Data 
Reporting Interface (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.



Sec. 63.1590  What reports must I submit?

    (a) An existing Group 1 POTW must meet the reporting requirements 
specified in the appropriate NESHAP for the industrial user(s).

[[Page 224]]

    (b) A new Group 1 or Group 2 POTW must submit annual reports 
containing the information specified in paragraphs (b)(1) through (4) of 
this section, if applicable. You must submit annual reports following 
the procedure specified in paragraph (b)(5) of this section. For new 
units, the initial annual report is due 15 months after your POTW 
becomes subject to the requirements in this subpart and must cover the 
first 12 months of operation after your POTW becomes subject to the 
requirements of this subpart. Subsequent annual reports are due by the 
same date each year as the initial annual report and must contain 
information for the 12-month period following the 12-month period 
included in the previous annual report.
    (1) The general information specified in paragraphs (b)(1)(i) and 
(ii) of this section must be included in all reports.
    (i) The company name, POTW treatment plant name, and POTW treatment 
plant address, including county where the POTW is located; and
    (ii) Beginning and ending dates of the reporting period.
    (2) If you use covers to comply with the requirements of Sec. 
63.1586(b), you must submit the following:
    (i) The dates of each visual inspection conducted;
    (ii) The defects found during each visual inspection; and
    (iii) For each defect found during a visual inspection, how the 
defects were repaired, whether the repair has been completed, and either 
the date each repair was completed or the date each repair is expected 
to be completed.
    (3) If you comply with the HAP fraction emitted standard in Sec. 
63.1586(c), you must submit each value of the annual rolling average HAP 
fraction emitted as calculated in Sec. 63.1588(c)(3)(vii) for the 
period covered by the annual report. Identify each value by the final 
month included in the calculation.
    (4) If a source fails to meet an applicable standard, report such 
events in the annual report. Report the number of failures to meet an 
applicable standard. For each instance, report the start date, start 
time, and duration of each failure, as well as a list of the affected 
sources or equipment. If you comply with the cover and control standard 
in Sec. 63.1586(b), for each failure, the report must include the 
percent control achieved. If you comply with the HAP fraction emitted 
standard in Sec. 63.1586(c), for each failure, the report must include 
the HAP fraction emitted. You must include an estimate of the tons per 
year of each regulated pollutant emitted over the emission limit and a 
description of the method used to estimate the emissions in the report.
    (5) You must submit the report to the Administrator at the 
appropriate address listed in Sec. 63.13, unless the Administrator 
agrees to or species an alternate reporting method. Beginning on October 
28, 2019 or once the reporting form has been available in CEDRI for 1 
year, whichever is later, you must submit subsequent annual reports to 
the EPA via CEDRI. (CEDRI 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 Web site for this subpart or an 
alternate electronic file format consistent with the extensible markup 
language (XML) schema listed on the CEDRI Web site (https://www.epa.gov/
electronic- reporting-air-emissions/compliance- and-emissions-data-
reporting- interface-cedri). The date report templates become available 
in CEDRI will be listed on the CEDRI Web site. The reports must be 
submitted by the deadline specified in this subpart, regardless of the 
method in which the reports are submitted. If you claim that some of the 
information required to be submitted via CEDRI is confidential business 
information (CBI), you shall submit a complete report generated using 
the appropriate form in CEDRI or an alternate electronic file consistent 
with the extensible markup language (XML) schema listed on the EPA's 
CEDRI Web site, including information claimed to be CBI, on a compact 
disc, flash drive, or other commonly used electronic storage medium to 
the EPA. The electronic medium shall be clearly marked as CBI and mailed 
to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
file with the CBI omitted shall be submitted to

[[Page 225]]

the EPA via the EPA's CDX as described earlier in this paragraph.
    (c) If you own or operate a control device used to meet the cover 
and control standard in Sec. 63.1586(b), you must submit the 
notifications and reports required by Sec. 63.697(b), including a 
notification of performance tests; a performance test report; a 
malfunction report; and a summary report. These notifications and 
reports must be submitted to the Administrator, except for performance 
test reports. Within 60 calendar days after the date of completing each 
performance test (as defined in Sec. 63.2) required by subpart DD of 
this part, you must submit the results of the performance test following 
the procedure specified in paragraphs (c)(1) through (3) 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 
(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 CEDRI. 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 XML schema 
listed on the EPA's ERT Web site.
    (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 of 
subpart A of this part, unless the Administrator agrees to or specifies 
an alternate reporting method.
    (3) If you claim that some of the performance test information being 
submitted under paragraph (b)(1) of this section 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 
medium to the EPA. The electronic medium must be clearly marked as CBI 
and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same ERT or alternate file with the CBI omitted must be 
submitted to the EPA via the EPA's CDX as described in paragraph (c)(1) 
of this section.
    (d) You must comply with the delay of repair reporting required in 
Sec. 63.1588(a)(3).
    (e) You may apply to the Administrator for a waiver of recordkeeping 
and reporting requirements by complying with the requirements of Sec. 
63.10(f). Electronic reporting to the EPA cannot be waived.
    (f) To comply with the HAP fraction emitted standard specified in 
Sec. 63.1586(c), you must submit, for approval by the Administrator, an 
Inspection and Monitoring Plan explaining your compliance approach 90 
calendar days prior to beginning operation of your new POTW or by April 
24, 2018, whichever is later.
    (g) If you are required to electronically submit a report through 
the CEDRI in the EPA's CDX, and due to a planned or actual outage of 
either the EPA's CEDRI or CDX systems within the period of time 
beginning 5 business days prior to the date that the submission is due, 
you will be or are precluded from accessing CEDRI or CDX and submitting 
a required report within the time prescribed, you may assert a claim of 
EPA system outage for failure to timely comply with the reporting 
requirement. You must submit notification to the Administrator in 
writing as soon as possible following the date you first knew, or 
through due diligence should have known, that the event may cause or 
caused a delay in reporting. You must provide to the Administrator a 
written description identifying the date, time and length of the outage; 
a rationale for attributing the delay in reporting beyond the regulatory 
deadline to the EPA system outage; describe the measures taken or to be 
taken to minimize the delay in reporting; and identify a date by which 
you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the

[[Page 226]]

date you reported. In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved. The 
decision to accept the claim of EPA system outage and allow an extension 
to the reporting deadline is solely within the discretion of the 
Administrator.
    (h) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX and a force majeure event is about to occur, 
occurs, or has occurred or there are lingering effects from such an 
event within the period of time beginning five business days prior to 
the date the submission is due, the owner or operator may assert a claim 
of force majeure for failure to timely comply with the reporting 
requirement. For the purposes of this section, a force majeure event is 
defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents you from 
complying with the requirement to submit a report electronically within 
the time period prescribed. Examples of such events are acts of nature 
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or 
equipment failure or safety hazard beyond the control of the affected 
facility (e.g., large scale power outage). If you intend to assert a 
claim of force majeure, you must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or caused a delay in reporting. You must provide to the 
Administrator a written description of the force majeure event and a 
rationale for attributing the delay in reporting beyond the regulatory 
deadline to the force majeure event; describe the measures taken or to 
be taken to minimize the delay in reporting; and identify a date by 
which you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the reporting must occur as soon as possible after the 
force majeure event occurs. The decision to accept the claim of force 
majeure and allow an extension to the reporting deadline is solely 
within the discretion of the Administrator.



Sec. 63.1591  What are my notification requirements?

    (a) You must submit an initial notification that your POTW treatment 
plant is subject to these standards as specified in paragraphs (a)(1) 
and (2) of this section.
    (1) If you have an existing Group 1 or Group 2 POTW treatment plant, 
you must submit an initial notification by October 26, 2018, or no later 
than 120 days after the source becomes subject to this subpart, 
whichever is later.
    (2) If you have a new Group 1 or Group 2 POTW treatment plant, you 
must submit an initial notification upon startup, or when the source 
becomes subject to this subpart, whichever is later.
    (b) The initial notification must include the information included 
in paragraphs (b)(1) through (4) of this section.
    (1) Your name and address;
    (2) The address (i.e., physical location) of your POTW treatment 
plant;
    (3) An identification of these standards as the basis of the 
notification and your POTW treatment plant's compliance date; and
    (4) A brief description of the nature, size, design, and method of 
operation of your POTW treatment plant, including its operating design 
capacity and an identification of each point of emission for each HAP, 
or if a definitive identification is not yet possible, a preliminary 
identification of each point of emission for each HAP.
    (c) You must submit a notification of compliance status as required 
in Sec. 63.9(h), as specified below:
    (1) If you comply with Sec. 63.1586(b) and use covers on the 
emission points and route air in the headspace underneath the cover to a 
control device, you must submit a notification of compliance status as 
specified in Sec. 63.9(h) that includes a description of the POTW 
treatment units and installed covers, as well as the information 
required for control devices including the performance test results.
    (2) If you comply with Sec. 63.1586(c) by meeting the HAP fraction 
emitted standard, submission of the Inspection and Monitoring Plan as 
required in

[[Page 227]]

Sec. Sec. 63.1588(c) and 63.1590(f) meets the requirement for 
submitting a notification of compliance status report in Sec. 63.9(h).
    (d) You must notify the Administrator, within 30 calendar days of 
discovering that you are out of compliance with an applicable 
requirement of this subpart, including the following:
    (1) The requirement to route the air in the headspace underneath the 
cover of all units equipped with covers, except primary clarifiers, to a 
control device as specified in Sec. 63.1586(b).
    (2) The HAP fraction emitted standard as specified in Sec. 
63.1586(c).
    (3) The requirement to operate and maintain the affected source as 
specified in Sec. 63.1586(d).
    (4) The requirement to inspect covers annually and repair defects as 
specified in Sec. 63.1588(a).
    (5) The requirement to comply with the inspection and monitoring 
requirements of Sec. 63.695(c) as specified in Sec. 63.1588(b).
    (6) The procedures specified in an Inspection and Monitoring Plan 
prepared as specified in Sec. 63.1588(c).
    (7) The requirements specified in an appropriate NESHAP for which 
the Group 1 POTW treatment plan treats regulated industrial waste as 
specified in Sec. 63.1583(a) or (b), as applicable.

[82 FR 49525, Oct. 26, 2017, as amended at 85 FR 73902, Nov. 19, 2020]



Sec. 63.1592  Which General Provisions apply to my POTW treatment plant?

    (a) Table 1 to this subpart lists the General Provisions (40 CFR 
part 63, subpart A) which do and do not apply to POTW treatment plants.
    (b) Unless a permit is otherwise required by law, the owner or 
operator of a Group 1 POTW treatment plant which is not a major source 
is exempt from the permitting requirements established by 40 CFR part 
70.



Sec. 63.1593  [Reserved]



Sec. 63.1594  Who enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable state, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
state, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a state, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraphs (b)(1) through (5) of this 
section are retained by the Administrator of U.S. EPA and cannot be 
delegated to the state, local, or tribal agency.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.1580, 63.1583, and 63.1586 through 63.1588.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.



Sec. 63.1595  List of definitions.

    As used in this subpart:
    Affected source means the group of all equipment that comprise the 
POTW treatment plant.
    Cover means a device that prevents or reduces air pollutant 
emissions to the atmosphere by forming a continuous barrier over the 
waste material managed in a treatment 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 treatment unit 
on which the cover is used. A cover may be a separate piece of equipment 
which can be detached and removed from the treatment unit, or a cover 
may be formed by structural features permanently integrated into the 
design of the treatment unit. The cover and its closure devices must be 
made of

[[Page 228]]

suitable materials that will prevent exposure of the waste material to 
the atmosphere and will maintain the integrity of the cover and its 
closure devices throughout its intended service life.
    Existing source or existing POTW means a POTW that commenced 
construction on or before December 1, 1998, and has not been 
reconstructed after December 1, 1998.
    Fraction emitted means the fraction of the mass of HAP entering the 
POTW wastewater treatment plant which is emitted prior to secondary 
treatment.
    Group 1 POTW means a POTW that accepts a waste stream regulated by 
another NESHAP and provides treatment and controls as an agent for the 
industrial user. The industrial user complies with its NESHAP by using 
the treatment and controls located at the POTW. For example, an industry 
discharges its benzene-containing waste stream to the POTW for treatment 
to comply with 40 CFR part 61, subpart FF--National Emission Standard 
for Benzene Waste Operations. This definition does not include POTW 
treating waste streams not specifically regulated under another NESHAP.
    Group 2 POTW means a POTW that does not meet the definition of a 
Group 1 POTW. A Group 2 POTW can treat a waste stream that is either:
    (1) Not specifically regulated by another NESHAP, or
    (2) From an industrial user that complies with the specific 
wastewater requirements in their applicable NESHAP prior to discharging 
the waste stream to the POTW.
    Industrial user means a nondomestic source introducing any pollutant 
or combination of pollutants into a POTW. Industrial users can be 
commercial or industrial facilities whose wastes enter local sewers.
    New source or new POTW means any POTW that commenced construction or 
reconstruction after December 1, 1998.
    Publicly owned treatment works (POTW) means a treatment works, as 
that term is defined by section 112(e)(5) of the Clean Air Act, which is 
owned by a municipality (as defined by section 502(4) of the Clean Water 
Act), a state, an intermunicipal or interstate agency, or any 
department, agency, or instrumentality of the federal government. This 
definition includes any intercepting sewers, outfall sewers, sewage 
collection systems, pumping, power, and other equipment. The wastewater 
treated by these facilities is generated by industrial, commercial, and 
domestic sources. As used in this subpart, the term POTW refers to both 
any publicly owned treatment works which is owned by a state, 
municipality, or intermunicipal or interstate agency and, therefore, 
eligible to receive grant assistance under the Subchapter II of the 
Clean Water Act, and any federally owned treatment works as that term is 
described in section 3023 of the Solid Waste Disposal Act.
    POTW treatment plant means that portion of the POTW which is 
designed to provide treatment (including recycling and reclamation) of 
municipal sewage and industrial waste.
    Secondary treatment means treatment processes, typically biological, 
designed to reduce the concentrations of dissolved and colloidal organic 
matter in wastewater.
    Waste and wastewater means a material, or spent or used water or 
waste, generated from residential, industrial, commercial, mining, or 
agricultural operations or from community activities that contain 
dissolved or suspended matter, and that is discarded, discharged, or is 
being accumulated, stored, or physically, chemically, thermally, or 
biologically treated in a publicly owned treatment works.



Sec. Table 1 to Subpart VVV of Part 63--Applicability of 40 CFR Part 63 
                    General Provisions to Subpart VVV

----------------------------------------------------------------------------------------------------------------
   General provisions reference               Applicable to subpart VVV                     Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1.......................  .............................................  Applicability.
Sec. 63.1(a)(1).................  Yes..........................................  Terms defined in the Clean
                                                                                    Air Act.
Sec. 63.1(a)(2).................  Yes..........................................  General applicability
                                                                                    explanation.
Sec. 63.1(a)(3).................  Yes..........................................  Cannot diminish a stricter
                                                                                    NESHAP.

[[Page 229]]

 
Sec. 63.1(a)(4).................  Yes..........................................  Not repetitive. Doesn't apply
                                                                                    to section 112(r).
Sec. 63.1(a)(5).................  Yes..........................................  Section reserved.
Sec. 63.1(a)(6)-(8).............  Yes..........................................  Contacts and authorities.
Sec. 63.1(a)(9).................  Yes..........................................  Section reserved.
Sec. 63.1(a)(10)................  Yes..........................................  Time period definition.
Sec. 63.1(a)(11)................  Yes..........................................  Postmark explanation.
Sec. 63.1(a)(12)-(14)...........  Yes..........................................  Time period changes.
                                                                                    Regulation conflict. Force
                                                                                    and effect of subpart A.
Sec. 63.1(b)(1).................  Yes..........................................  Initial applicability
                                                                                    determination of subpart A.
Sec. 63.1(b)(2).................  Yes..........................................  Section reserved.
Sec. 63.1(b)(3).................  No...........................................  Subpart VVV specifies
                                                                                    recordkeeping of records of
                                                                                    applicability determination.
Sec. 63.1(c)(1).................  Yes..........................................  Requires compliance with both
                                                                                    subparts A and subpart VVV.
Sec. 63.1(c)(2)(i)..............  No...........................................  State options regarding title
                                                                                    V permit. Unless required by
                                                                                    the State, area sources
                                                                                    subject to subpart VVV are
                                                                                    exempted from permitting
                                                                                    requirements.
Sec. 63.1(c)(2)(ii)-(iii).......  No...........................................  State options regarding title
                                                                                    V permit.
Sec. 63.1(c)(3).................  Yes..........................................  Section reserved.
Sec. 63.1(c)(4).................  Yes..........................................  Extension of compliance.
Sec. 63.1(c)(5).................  No...........................................  Subpart VVV addresses area
                                                                                    sources becoming major due
                                                                                    to increase in emissions.
Sec. 63.1(c)(6).................  Yes..........................................
Sec. 63.1(d)....................  Yes..........................................  Section reserved.
Sec. 63.1(e)....................  Yes..........................................  Title V permit before a
                                                                                    relevant standard is
                                                                                    established.
Sec. 63.2.......................  Yes..........................................  Definitions.
Sec. 63.3.......................  Yes..........................................  Units and abbreviations.
Sec. 63.4.......................  .............................................  Prohibited activities and
                                                                                    circumvention.
Sec. 63.4(a)(1)-(3).............  Yes..........................................  Prohibits operation in
                                                                                    violation of subpart A.
Sec. 63.4(a)(4).................  Yes..........................................  Section reserved.
Sec. 63.4(a)(5).................  Yes..........................................  Compliance dates.
Sec. 63.4(b)....................  Yes..........................................  Circumvention.
Sec. 63.4(c)....................  Yes..........................................  Severability.
Sec. 63.5.......................  .............................................  Preconstruction review and
                                                                                    notification requirements.
Sec. 63.5(a)(1).................  Yes..........................................  Construction and
                                                                                    reconstruction.
Sec. 63.5(a)(2).................  Yes..........................................  New source--effective dates.
Sec. 63.5(b)(1).................  Yes..........................................  New sources subject to
                                                                                    relevant standards.
Sec. 63.5(b)(2).................  Yes..........................................  Section reserved.
Sec. 63.5(b)(3).................  Yes..........................................  No new major sources without
                                                                                    Administrator approval.
Sec. 63.5(b)(4).................  Yes..........................................  New major source
                                                                                    notification.
Sec. 63.5(b)(5).................  Yes..........................................  New major sources must
                                                                                    comply.
Sec. 63.5(b)(6).................  Yes..........................................  New equipment added
                                                                                    considered part of major
                                                                                    source.
Sec. 63.5(c)....................  Yes..........................................  Section reserved.
Sec. 63.5(d)(1).................  Yes..........................................  Implementation of section
                                                                                    112(I)(2)--application of
                                                                                    approval of new source
                                                                                    construction.
Sec. 63.5(d)(2).................  Yes..........................................  Application for approval of
                                                                                    construction for new sources
                                                                                    listing and describing
                                                                                    planned air pollution
                                                                                    control system.
Sec. 63.5(d)(3).................  Yes..........................................  Application for
                                                                                    reconstruction.
Sec. 63.5(d)(4).................  Yes..........................................  Administrator may request
                                                                                    additional information.
Sec. 63.5(e)....................  Yes..........................................  Approval of reconstruction.
Sec. 63.5(f)(1).................  Yes..........................................  Approval based on State
                                                                                    review.
Sec. 63.5(f)(2).................  Yes..........................................  Application deadline.
Sec. 63.6.......................  .............................................  Compliance with standards and
                                                                                    maintenance requirements.
Sec. 63.6(a)....................  Yes..........................................  Applicability of compliance
                                                                                    with standards and
                                                                                    maintenance requirements.
Sec. 63.6(b)....................  Yes..........................................  Compliance dates for new and
                                                                                    reconstructed sources.
Sec. 63.6(c)....................  Yes..........................................  Compliance dates for existing
                                                                                    sources apply to existing
                                                                                    Group 1 POTW treatment
                                                                                    plants.
Sec. 63.6(d)....................  Yes..........................................  Section reserved.
Sec. 63.6(e)....................  Yes, except as noted below...................  Operation and maintenance
                                                                                    requirements apply to new
                                                                                    sources.
Sec. 63.6(e)(1)(i)..............  No...........................................  General duty; See Sec.
                                                                                    63.1583(d) and Sec.
                                                                                    63.1586(d) for general duty
                                                                                    requirements.
Sec. 63.6(e)(1)(ii).............  No...........................................  Requirement to correct
                                                                                    malfunctions.
Sec. 63.6(e)(3).................  No...........................................  SSM plans are not required
                                                                                    for POTW.
Sec. 63.6(f)....................  Yes, except as noted below...................  Compliance with non-opacity
                                                                                    emission standards applies
                                                                                    to new sources.
Sec. 63.6(f)(1).................  No...........................................  The POTW standards apply at
                                                                                    all times.
Sec. 63.6(g)....................  Yes..........................................  Use of alternative non-
                                                                                    opacity emission standards
                                                                                    applies to new sources.

[[Page 230]]

 
Sec. 63.6(h)....................  No...........................................  POTW treatment plants do not
                                                                                    typically have visible
                                                                                    emissions.
Sec. 63.6(i)....................  Yes..........................................  Extension of compliance with
                                                                                    emission standards applies
                                                                                    to new sources.
Sec. 63.6(j)....................  Yes..........................................  Presidential exemption from
                                                                                    compliance with emission
                                                                                    standards.
Sec. 63.7.......................  .............................................  Performance testing
                                                                                    requirements.
Sec. 63.7(a)....................  Yes..........................................  Performance testing is
                                                                                    required for new sources.
Sec. 63.7(b)....................  Yes..........................................  New sources must notify the
                                                                                    Administrator of intention
                                                                                    to conduct performance
                                                                                    testing.
Sec. 63.7(c)....................  Yes..........................................  New sources must comply with
                                                                                    quality assurance program
                                                                                    requirements.
Sec. 63.7(d)....................  Yes..........................................  New sources must provide
                                                                                    performance testing
                                                                                    facilities at the request of
                                                                                    the Administrator.
Sec. 63.7(e)....................  Yes, except as noted below...................  Requirements for conducting
                                                                                    performance tests apply to
                                                                                    new sources.
Sec. 63.7(e)(1).................  No...........................................  The performance testing
                                                                                    provisions of Sec. 63.694
                                                                                    for control devices are
                                                                                    incorporated by reference
                                                                                    into subpart DD of this
                                                                                    part.
Sec. 63.7(f)....................  Yes..........................................  New sources may use an
                                                                                    alternative test method.
Sec. 63.7(g)....................  Yes..........................................  Requirements for data
                                                                                    analysis, recordkeeping, and
                                                                                    reporting associated with
                                                                                    performance testing apply to
                                                                                    new sources.
Sec. 63.7(h)....................  Yes..........................................  New sources may request a
                                                                                    waiver of performance tests.
Sec. 63.8.......................  .............................................  Monitoring requirements.
Sec. 63.8(a)....................  Yes..........................................  Applicability of monitoring
                                                                                    requirements.
Sec. 63.8(b)....................  Yes..........................................  Monitoring shall be conducted
                                                                                    by new sources.
Sec. 63.8(c)....................  Yes, except as noted below...................  New sources shall operate and
                                                                                    maintain continuous
                                                                                    monitoring systems (CMS).
Sec. 63.8(c)(1)(i)..............  No...........................................  See Sec. 63.1583(d) for
                                                                                    general duty requirement
                                                                                    with respect to minimizing
                                                                                    emissions and continuous
                                                                                    monitoring requirements.
Sec. 63.8(c)(1)(iii)............  No...........................................  See the applicable CMS
                                                                                    quality control requirements
                                                                                    under Sec. 63.8(c) and
                                                                                    (d).
Sec. 63.8(d)....................  Yes, except as noted below...................  New sources must develop and
                                                                                    implement a CMS quality
                                                                                    control program.
Sec. 63.8(d)(3).................  No...........................................  The owner or operator must
                                                                                    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, and
                                                                                    make them available for
                                                                                    inspection, upon request, by
                                                                                    the Administrator. If the
                                                                                    performance evaluation plan
                                                                                    is revised, the owner or
                                                                                    operator must 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 of the plan. The
                                                                                    program of corrective action
                                                                                    should be included in the
                                                                                    plan required under Sec.
                                                                                    63.8(d)(2).
Sec. 63.8(e)....................  Yes..........................................  New sources may be required
                                                                                    to conduct a performance
                                                                                    evaluation of CMS.
Sec. 63.8(f)....................  Yes..........................................  New sources may use an
                                                                                    alternative monitoring
                                                                                    method.
Sec. 63.8(g)....................  Yes..........................................  Requirements for reduction of
                                                                                    monitoring data.
Sec. 63.9.......................  .............................................  Notification requirements.
Sec. 63.9(a)....................  Yes..........................................  Applicability of notification
                                                                                    requirements.
Sec. 63.9(b)....................  Yes, except as noted below...................  Initial notification due
                                                                                    February 23, 2000 or 60 days
                                                                                    after becoming subject to
                                                                                    this subpart.
Sec. 63.9(c)....................  Yes..........................................  Request for extension of
                                                                                    compliance with subpart VVV.
Sec. 63.9(d)....................  Yes..........................................  Notification that source is
                                                                                    subject to special
                                                                                    compliance requirements as
                                                                                    specified in Sec.
                                                                                    63.6(b)(3) and (4).
Sec. 63.9(e)....................  Yes..........................................  Notification of performance
                                                                                    test.
Sec. 63.9(f)....................  No...........................................  POTW treatment plants do not
                                                                                    typically have visible
                                                                                    emissions.
Sec. 63.9(g)....................  Yes..........................................  Additional notification
                                                                                    requirements for sources
                                                                                    with continuous emission
                                                                                    monitoring systems.
Sec. 63.9(h)....................  Yes, except as noted.........................  Notification of compliance
                                                                                    status when the source
                                                                                    becomes subject to subpart
                                                                                    VVV. See exceptions in Sec.
                                                                                     63.1591(b).
Sec. 63.9(i)....................  Yes..........................................  Adjustments to time periods
                                                                                    or postmark deadlines or
                                                                                    submittal and review of
                                                                                    required communications.

[[Page 231]]

 
Sec. 63.9(j)....................  Yes..........................................  Change of information already
                                                                                    provided to the
                                                                                    Administrator.
Sec. 63.9(k)....................  Yes..........................................  Only as specified in Sec.
                                                                                    63.9(j).
Sec. 63.10......................  .............................................  Recordkeeping and reporting
                                                                                    requirements.
Sec. 63.10(a)...................  Yes..........................................  Applicability of notification
                                                                                    and reporting requirements.
Sec. 63.10(b)(1)-(2)............  Yes, except as noted below...................  General recordkeeping
                                                                                    requirements.
Sec. 63.10(b)(2)(i).............  No...........................................  Recordkeeping for occurrence
                                                                                    and duration of startup and
                                                                                    shutdown.
Sec. 63.10(b)(2)(ii)............  No...........................................  Recordkeeping for failure to
                                                                                    meet a standard, see Sec.
                                                                                    63.696.
Sec. 63.10(b)(2)(iii)...........  Yes..........................................  Maintenance records.
Sec. 63.10(b)(2)(iv)............  No...........................................  Actions taken to minimize
                                                                                    emissions during SSM.
Sec. 63.10(b)(2)(v).............  No...........................................  Action taken to minimize
                                                                                    emissions during SSM.
Sec. 63.10(b)(2)(vi)............  Yes..........................................  Recordkeeping for CMS
                                                                                    malfunctions.
Sec. 63.10(b)(2)(vii)-(ix)......  Yes..........................................  Other CMS requirements.
Sec. 63.10(b)(3)................  No...........................................  Recording requirement for
                                                                                    applicability determination.
Sec. 63.10(c)...................  Yes, except as noted below...................  Additional recordkeeping
                                                                                    requirements for sources
                                                                                    with continuous monitoring
                                                                                    systems.
Sec. 63.10(c)(7)................  No...........................................  See Sec. 63.696(h) for
                                                                                    recordkeeping of (1) date,
                                                                                    time, and duration; (2)
                                                                                    listing of affected source
                                                                                    or equipment, and an
                                                                                    estimate of the tons per
                                                                                    year of each regulated
                                                                                    pollutant emitted over the
                                                                                    standard; and (3) actions to
                                                                                    minimize emissions and
                                                                                    correct the failure.
Sec. 63.10(c)(8)................  No...........................................  See Sec. 63.696(h) for
                                                                                    recordkeeping of (1) date,
                                                                                    time, and duration; (2)
                                                                                    listing of affected source
                                                                                    or equipment, and an
                                                                                    estimate of the tons per
                                                                                    year of each regulated
                                                                                    pollutant emitted over the
                                                                                    standard; and (3) actions to
                                                                                    minimize emissions and
                                                                                    correct the failure.
Sec. 63.10(c)(15)...............  No...........................................  Use of SSM plan.
Sec. 63.10(d)...................  Yes, except as noted below...................  General reporting
                                                                                    requirements.
Sec. 63.10(d)(5)................  No...........................................  See Sec. 63.697(b) for
                                                                                    malfunction reporting
                                                                                    requirements.
Sec. 63.10(e)...................  Yes..........................................  Additional reporting
                                                                                    requirements for sources
                                                                                    with continuous monitoring
                                                                                    systems.
Sec. 63.10(f)...................  Yes, except as noted.........................  Waiver of recordkeeping and
                                                                                    reporting requirements.
                                                                                    Electronic reporting to the
                                                                                    EPA cannot be waived.
Sec. 63.11......................  Yes..........................................  Control device and equipment
                                                                                    leak work practice
                                                                                    requirements.
Sec. 63.11(a) and (b)...........  Yes..........................................  If a new source uses flares
                                                                                    to comply with the
                                                                                    requirements of subpart VVV,
                                                                                    the requirements of Sec.
                                                                                    63.11 apply.
Sec. 63.11(c), (d) and (e)......  Yes..........................................  Alternative work practice for
                                                                                    equipment leaks.
Sec. 63.12......................  Yes..........................................  State authority and
                                                                                    designation.
Sec. 63.13......................  Yes..........................................  Addresses of State air
                                                                                    pollution control agencies
                                                                                    and EPA Regional Offices.
Sec. 63.14......................  Yes..........................................  Incorporation by reference.
Sec. 63.15......................  Yes..........................................  Availability of information
                                                                                    and confidentiality.
----------------------------------------------------------------------------------------------------------------


[82 FR 49525, Oct. 26, 2017, as amended at 85 FR 73902, Nov. 19, 2020]



      Sec. Table 2 to Subpart VVV of Part 63--Compliance Dates and 
                              Requirements

------------------------------------------------------------------------
                                                        And the owner or
     If the construction/          Then the owner or      operator must
    reconstruction date is       operator must comply        achieve
                                         with              compliance
------------------------------------------------------------------------
Group 1 POTW:
(1) After December 27, 2016...  (i) New source          Upon initial
                                 requirements in Sec. startup.
                                 Sec. 63.1583(b);
                                 63.1586(b) or (c);
                                 and 63.1588 through
                                 63.1591.
(2) After December 1, 1998 but  (i) New source          Upon initial
 on or before December 27,       requirements in Sec. startup through
 2016.                            63.1583(b) but         October 26,
                                 instead of complying    2020.
                                 with both
                                 requirements
                                 (industrial user(s)
                                 NESHAP and the POTW
                                 standards in Sec.
                                 Sec. 63.1586(b) or
                                 (c)), you must comply
                                 with the most
                                 stringent
                                 requirement\1\.
                                (ii) New source         On or before
                                 requirements in Sec. October 26,
                                 Sec. 63.1586(b) or    2020.
                                 (c); and 63.1588
                                 through 63.1591.
(3) On or before December 1,    (i) Existing source     By the
 1998.                           requirements in Sec. compliance date
                                 Sec. 63.1583(a).      specified in
                                                         the other
                                                         applicable
                                                         NESHAP.
                                (ii) Existing source    On or before
                                 requirements in Sec. October 26,
                                 Sec. 63.1588          2018.
                                 through 63.1591.
Group 2 POTW:

[[Page 232]]

 
(4) After December 27, 2016...  (i) New source          Upon initial
                                 requirements in Sec. startup.
                                 Sec. 63.1586(b) or
                                 (c); and 63.1588
                                 through 63.1591.
(5) After December 1, 1998 but  (i) New source          Upon initial
 on or before December 27,       requirements in Sec. startup through
 2016.                            63.1586(b) or (c)\1\.  October 26,
                                                         2020.
                                (ii) New source         On or before
                                 requirements in Sec. October 26,
                                 Sec. 63.1586(b) or    2020.
                                 (c); and 63.1588
                                 through 63.1591.
(6) On or before December 1,    (i) Existing source     On or before
 1998.                           requirements in Sec. October 26,
                                 Sec. 63.1586(a);      2018.
                                 and 63.1591(a).
------------------------------------------------------------------------
\1\ Note: This represents the new source requirements in the original
  1999 NESHAP, which are applicable until October 26, 2020. Between
  October 26, 2017 and October 26, 2020, you must transition to the new
  requirements in Table 2 (2)(ii) and (5)(ii) for Group 1 and Group 2
  POTW, respectively.

Subpart WWW [Reserved]



Subpart XXX_National Emission Standards for Hazardous Air Pollutants for 
       Ferroalloys Production: Ferromanganese and Silicomanganese

    Source: 64 FR 27458, May 20, 1999, unless otherwise noted.



Sec. 63.1620  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a new or 
existing ferromanganese and/or silicomanganese production facility that 
is a major source or is co-located at a major source of hazardous air 
pollutant emissions.
    (b) You are subject to this subpart if you own or operate any of the 
following equipment as part of a ferromanganese and/or silicomanganese 
production facility:
    (1) Electric arc furnace;
    (2) Casting operations;
    (3) Metal oxygen refining (MOR) process;
    (4) Crushing and screening operations;
    (5) Outdoor fugitive dust sources.
    (c) A new affected source is any of the equipment listed in 
paragraph (b) of this section for which construction or reconstruction 
commenced after June 30, 2015.
    (d) Table 1 of this subpart specifies the provisions of subpart A of 
this part that apply to owners and operators of ferromanganese and 
silicomanganese production facilities subject to this subpart.
    (e) If you are subject to the provisions of this subpart, you are 
also subject to title V permitting requirements under 40 CFR part 70 or 
71, as applicable.
    (f) Emission standards in this subpart apply at all times.

[80 FR 37390, June 30, 2015]



Sec. 63.1621  What are my compliance dates?

    (a) Existing affected sources must be in compliance with the 
provisions specified in Sec. Sec. 63.1620 through 63.1629 no later than 
June 30, 2017.
    (b) Affected sources in existence prior to June 30, 2015 must be in 
compliance with the provisions specified in Sec. Sec. 63.1650 through 
63.1661 by November 21, 2001 and until June 30, 2017. As of June 30, 
2017, the provisions of Sec. Sec. 63.1650 through 63.1661 cease to 
apply to affected sources in existence prior to June 30, 2015. The 
provisions of Sec. Sec. 63.1650 through 63.1661 remain enforceable at a 
source for its activities prior to June 30, 2017.
    (c) If you own or operate a new affected source that commences 
construction or reconstruction after November 23, 2011, you must comply 
with the requirements of this subpart by June 30, 2015, or upon startup 
of operations, whichever is later.

[80 FR 37390, June 30, 2015]



Sec. 63.1622  What definitions apply to this subpart?

    Terms in this subpart are defined in the Clean Air Act (Act), in 
subpart A of this part, or in this section as follows:
    Bag leak detection system means a system that is capable of 
continuously monitoring particulate matter (dust) loadings in the 
exhaust of a baghouse in order to detect bag leaks and other

[[Page 233]]

upset conditions. A bag leak detection system includes, but is not 
limited to, an instrument that operates on triboelectric, light 
scattering, light transmittance, or other effect to continuously monitor 
relative particulate matter loadings.
    Capture system means the collection of components used to capture 
the 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, fans 
and roofline ventilation systems.
    Casting means the period of time from when molten ferroalloy is 
removed from the tapping station until the pouring into casting molds or 
beds is completed. This includes the following operations: Pouring alloy 
from one ladle to another, slag separation, slag removal and ladle 
transfer by crane, truck, or other conveyance.
    Crushing and screening equipment means the crushers, grinders, 
mills, screens and conveying systems used to crush, size and prepare for 
packing manganese-containing materials, including raw materials, 
intermediate products and final products.
    Electric arc furnace means any furnace where electrical energy is 
converted to heat energy by transmission of current between electrodes 
partially submerged in the furnace charge. The furnace may be of an 
open, semi-sealed, or sealed design.
    Furnace process cycle means the period in which the furnace is 
tapped to the time in which the furnace is tapped again and includes 
periods of charging, smelting, tapping, casting and ladle raking. For 
multiple furnaces operating within a single shop building, furnace 
process cycle means a period sufficient to capture a full cycle of 
charging, smelting, tapping, casting and ladle raking for each furnace 
within the shop building.
    Ladle treatment means a post-tapping process including metal and 
alloy additions where chemistry adjustments are made in the ladle after 
furnace smelting to achieve a specified product.
    Local ventilation means hoods, ductwork, and fans designed to 
capture process fugitive emissions close to the area where the emissions 
are generated (e.g., tap hoods).
    Metal oxygen refining (MOR) process means the reduction of the 
carbon content of ferromanganese through the use of oxygen.
    Outdoor fugitive dust source means a stationary source from which 
hazardous air pollutant-bearing particles are discharged to the 
atmosphere due to wind or mechanical inducement such as vehicle traffic. 
Fugitive dust sources include plant roadways, yard areas and outdoor 
material storage and transfer operation areas.
    Plant roadway means any area at a ferromanganese and silicomanganese 
production facility that is subject to plant mobile equipment, such as 
forklifts, front end loaders, or trucks, carrying manganese-bearing 
materials. Excluded from this definition are employee and visitor 
parking areas, provided they are not subject to traffic by plant mobile 
equipment.
    Process fugitive emissions source means a source of hazardous air 
pollutant emissions that is associated with a ferromanganese or 
silicomanganese production facility and is not a fugitive dust source or 
a stack emissions source. Process fugitive sources include emissions 
that escape capture from the electric arc furnace, tapping operations, 
casting operations, ladle treatment, MOR or crushing and screening 
equipment.
    Roofline ventilation system means an exhaust system designed to 
evacuate process fugitive emissions that collect in the roofline area to 
a control device.
    Shop building means the building which houses one or more electric 
arc furnaces or other processes that generate process fugitive 
emissions.
    Shutdown means the cessation of operation of an affected source for 
any purpose.
    Startup means the setting in operation of an affected source for any 
purpose.
    Tapping emissions means the gases and emissions associated with 
removal

[[Page 234]]

of product from the electric arc furnace under normal operating 
conditions, such as removal of metal under normal pressure and movement 
by gravity down the spout into the ladle and filling the ladle.
    Tapping period means the time from when a tap hole is opened until 
the time a tap hole is closed.

[80 FR 37390, June 30, 2015]



Sec. 63.1623  What are the emissions standards for new, reconstructed 
and existing facilities?

    (a) Electric arc furnaces. You must install, operate and maintain an 
effective capture system that collects the emissions from each electric 
arc furnace operation and conveys the collected emissions to a control 
device for the removal of the pollutants specified in the emissions 
standards specified in paragraphs (a)(1) through (5) of this section.
    (1) Particulate matter emissions. (i) You must not discharge exhaust 
gases from each electric arc furnace operation containing particulate 
matter in excess of 4.0 milligrams per dry standard cubic meter (mg/
dscm) into the atmosphere from any new or reconstructed electric arc 
furnace.
    (ii) You must not discharge exhaust gases from each electric arc 
furnace operation containing particulate matter in excess of 25 mg/dscm 
into the atmosphere from any existing electric arc furnace.
    (2) Mercury emissions. (i) You must not discharge exhaust gases from 
each electric arc furnace operation containing mercury emissions in 
excess of 13 micrograms per dry standard cubic meter ([micro]g/dscm) 
into the atmosphere from any new or reconstructed electric arc furnace 
when producing ferromanganese.
    (ii) You must not discharge exhaust gases from each electric arc 
furnace operation containing mercury emissions in excess of 130 
[micro]g/dscm into the atmosphere from any existing electric arc furnace 
when producing ferromanganese.
    (iii) You must not discharge exhaust gases from each electric arc 
furnace operation containing mercury emissions in excess of 4 [micro]g/
dscm into the atmosphere from any new or reconstructed electric arc 
furnace when producing silicomanganese.
    (iv) You must not discharge exhaust gases from each electric arc 
furnace operation containing mercury emissions in excess of 12 [micro]g/
dscm into the atmosphere from any existing electric arc furnace when 
producing silicomanganese.
    (3) Polycyclic aromatic hydrocarbon emissions. (i) You must not 
discharge exhaust gases from each electric arc furnace operation 
containing polycyclic aromatic hydrocarbon emissions in excess of 12,000 
[micro]g/dscm into the atmosphere from any new or reconstructed electric 
arc furnace when producing ferromanganese.
    (ii) You must not discharge exhaust gases from each electric arc 
furnace operation containing polycyclic aromatic hydrocarbon emissions 
in excess of 12,000 [micro]g/dscm into the atmosphere from any existing 
electric arc furnace when producing ferromanganese.
    (iii) You must not discharge exhaust gases from each electric arc 
furnace operation containing polycyclic aromatic hydrocarbon emissions 
in excess of 72 [micro]g/dscm into the atmosphere from any new or 
reconstructed electric arc furnace when producing silicomanganese.
    (iv) You must not discharge exhaust gases from each electric arc 
furnace operation containing polycyclic aromatic hydrocarbon emissions 
in excess of 130 [micro]g/dscm into the atmosphere from any existing 
electric arc furnace when producing silicomanganese.
    (4) Hydrochloric acid emissions. (i) You must not discharge exhaust 
gases from each electric arc furnace operation containing hydrochloric 
acid emissions in excess of 180 [micro]g/dscm into the atmosphere from 
any new or reconstructed electric arc furnace.
    (ii) You must not discharge exhaust gases from each electric arc 
furnace operation containing hydrochloric acid emissions in excess of 
1,100 [micro]g/dscm into the atmosphere from any existing electric arc 
furnace.
    (5) Formaldehyde emissions. You must not discharge exhaust gases 
from each electric arc furnace operation containing formaldehyde 
emissions in excess of 201 [micro]g/dscm into the atmosphere

[[Page 235]]

from any new, reconstructed or existing electric arc furnace.
    (b) Process fugitive emissions. (1) You must install, operate and 
maintain a capture system that is designed to collect 95 percent or more 
of the emissions from process fugitive emissions sources and convey the 
collected emissions to a control device that is demonstrated to meet the 
applicable emission limit specified in paragraph (a)(1) or (c) of this 
section.
    (2) The determination of the overall capture must be demonstrated as 
required by Sec. 63.1624(a).
    (3) Unless you meet the criteria of paragragh (b)(3)(iii) of this 
section, you must not cause the emissions exiting from a shop building 
to exceed an average of 8 percent opacity over a furnace or MOR process 
cycle.
    (i) This 8 percent opacity requirement is determined by averaging 
the individual opacity readings observed during the furnace or MOR 
process cycle.
    (ii) An individual opacity reading shall be determined as the 
average of 24 consecutive images recorded at 15-second intervals with 
the opacity values from each individual digital image rounded to the 
nearest 5 percent.
    (iii) If the average opacity from the shop building is greater than 
8 percent opacity during an observed furnace or MOR process cycle, the 
opacity of two more additional furnace or MOR process cycles must be 
observed within 7 days and the average of the individual opacity 
readings during the three observation periods must be less than 8 
percent opacity.
    (iv) At no time during operation may the average of any two 
consecutive individual opacity readings be greater than 20 percent 
opacity.
    (c) Local ventilation emissions. If you operate local ventilation to 
capture tapping, casting, or ladle treatment emissions and direct them 
to a control device other than one associated with the electric arc 
furnace, you must not discharge into the atmosphere any captured 
emissions containing particulate matter in excess of 4.0 mg/dscm.
    (d) MOR process. You must not discharge into the atmosphere from any 
new, reconstructed or existing MOR process exhaust gases containing 
particulate matter in excess of 3.9 mg/dscm.
    (e) Crushing and screening equipment. You must not discharge into 
the atmosphere from any new, reconstructed, or existing piece of 
equipment associated with crushing and screening exhaust gases 
containing particulate matter in excess of 13 mg/dscm.
    (f) At all times, you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. Determination of whether 
such operation and maintenance procedures are being used will be based 
on information available to the Administrator 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.

[80 FR 37390, June 30, 2015]



Sec. 63.1624  What are the operational and work practice standards
for new, reconstructed, and existing facilities?

    (a) Process fugitive emissions sources. (1) You must prepare, and at 
all times operate according to, a process fugitive emissions ventilation 
plan that documents the equipment and operations designed to effectively 
capture process fugitive emissions. The plan will be deemed to achieve 
effective capture if it consists of the following elements:
    (i) Documentation of engineered hoods and secondary fugitive capture 
systems designed according to the most recent, at the time of 
construction, ventilation design principles recommended by the American 
Conference of Governmental Industrial Hygienists (ACGIH). The process 
fugitive emissions capture systems must be designed to achieve 
sufficient air changes to evacuate the collection area frequently enough 
to ensure process fugitive emissions are effectively collected by the 
ventilation system and ducted to the control device(s). The required 
ventilation systems should also use properly positioned hooding to take 
advantage of the inherent air flows of the source and capture systems 
that minimize air

[[Page 236]]

flows while also intercepting natural air flows or creating air flows to 
contain the fugitive emissions. Include a schematic for each building 
indicating duct sizes and locations, hood sizes and locations, control 
device types, size and locations and exhaust locations. The design plan 
must identify the key operating parameters and measurement locations to 
ensure proper operation of the system and establish monitoring parameter 
values that reflect effective capture.
    (ii) List of critical maintenance actions and the schedule to 
conduct them.
    (2) You must submit a copy of the process fugitive emissions 
ventilation plan to the designated permitting authority on or before the 
applicable compliance date for the affected source as specified in Sec. 
63.1621 in electronic format and whenever an update is made to the plan. 
The requirement for you to operate the facility according to the written 
process fugitives ventilation plan and specifications must be 
incorporated in the operating permit for the facility that is issued by 
the designated permitting authority under part 70 or 71 of this chapter, 
as applicable.
    (3) You must update the information required in paragraphs (a)(1) 
and (2) of this section every 5 years or whenever there is a significant 
change in variables that affect process fugitives ventilation design 
such as the addition of a new process.
    (b) Outdoor fugitive dust sources. (1) You must prepare, and at all 
times operate according to, an outdoor fugitive dust control plan that 
describes in detail the measures that will be put in place to control 
outdoor fugitive dust emissions from the individual fugitive dust 
sources at the facility.
    (2) You must submit a copy of the outdoor fugitive dust control plan 
to the designated permitting authority on or before the applicable 
compliance date for the affected source as specified in Sec. 63.1621. 
The requirement for you to operate the facility according to a written 
outdoor fugitive dust control plan must be incorporated in the operating 
permit for the facility that is issued by the designated permitting 
authority under part 70 or 71 of this chapter, as applicable.
    (3) You may use existing manuals that describe the measures in place 
to control outdoor fugitive dust sources required as part of a state 
implementation plan or other federally enforceable requirement for 
particulate matter to satisfy the requirements of paragraph (b)(1) of 
this section.

[80 FR 37390, June 30, 2015]



Sec. 63.1625  What are the performance test and compliance requirements
for new, reconstructed, and existing facilities?

    (a) Performance testing. (1) All performance tests must be conducted 
according to the requirements in Sec. 63.7.
    (2) Each performance test in paragraphs (c)(1) and (2) of this 
section must consist of three separate and complete runs using the 
applicable test methods.
    (3) Each run must be conducted under conditions that are 
representative of normal process operations.
    (4) Performance tests conducted on air pollution control devices 
serving electric arc furnaces must be conducted such that at least one 
tapping period, or at least 20 minutes of a tapping period, whichever is 
less, is included in at least two of the three runs. The sampling time 
for each run must be at least three times the average tapping period of 
the tested furnace, but no less than 60 minutes.
    (5) You must conduct the performance tests specified in paragraph 
(c) of this section under such conditions as the Administrator specifies 
based on representative performance of the affected source for the 
period being tested. Upon request, you must make available to the 
Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (b) Test methods. The following test methods in appendices of part 
60 or 63 of this chapter or as specified elsewhere must be used to 
determine compliance with the emission standards.
    (1) Method 1 of appendix A-1 of 40 CFR part 60 to select the 
sampling port location and the number of traverse points.
    (2) Method 2 of appendix A-1 of 40 CFR part 60 to determine the 
volumetric flow rate of the stack gas.

[[Page 237]]

    (3)(i) Method 3A or 3B of appendix A-2 of 40 CFR part 60 (with 
integrated bag sampling) to determine the outlet stack and inlet oxygen 
and CO2 content.
    (ii) You must measure CO2 concentrations at both the 
inlet and outlet of the positive pressure fabric filter in conjunction 
with the pollutant sampling in order to determine isokinetic sampling 
rates.
    (iii) As an alternative to EPA Reference Method 3B, ASME PTC-19-10-
1981-Part 10 may be used (incorporated by reference, see Sec. 63.14).
    (4) Method 4 of appendix A-3 of 40 CFR part 60 to determine the 
moisture content of the stack gas.
    (5)(i) Method 5 of appendix A-3 of 40 CFR part 60 to determine the 
particulate matter concentration of the stack gas for negative pressure 
baghouses and positive pressure baghouses with stacks.
    (ii) Method 5D of appendix A-3 of 40 CFR part 60 to determine 
particulate matter concentration and volumetric flow rate of the stack 
gas for positive pressure baghouses without stacks.
    (iii) The sample volume for each run must be a minimum of 4.0 cubic 
meters (141.2 cubic feet). For Method 5 testing only, you may choose to 
collect less than 4.0 cubic meters per run provided that the filterable 
mass collected (i.e., net filter mass plus mass of nozzle, probe and 
filter holder rinses) is equal to or greater than 10 mg. If the total 
mass collected for two of three of the runs is less than 10 mg, you must 
conduct at least one additional test run that produces at least 10 mg of 
filterable mass collected (i.e., at a greater sample volume). Report the 
results of all test runs.
    (6) Method 30B of appendix A-8 of 40 CFR part 60 to measure mercury. 
Apply the minimum sample volume determination procedures as per the 
method.
    (7)(i) Method 26A of appendix A-8 of 40 CFR part 60 to determine 
outlet stack or inlet hydrochloric acid concentration.
    (ii) Collect a minimum volume of 2 cubic meters.
    (8)(i) Method 316 of appendix A of this part to determine outlet 
stack or inlet formaldehyde.
    (ii) Collect a minimum volume of 1.0 cubic meter.
    (9) ASTM D7520-16 to determine opacity (incorporated by reference, 
see Sec. 63.14) with the following conditions:
    (i) 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).
    (ii) You must 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.
    (iii) You 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) 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 20 percent opacity for any one reading and the 
average error must not exceed 7.5 percent opacity.
    (v) Use of this method 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 these 
requirements is on the facility, DCOT operator and DCOT vendor.
    (10) Method 23 of Appendix A-7 of 40 CFR part 60 to determine PAH.
    (11) The owner or operator may use alternative measurement methods 
approved by the Administrator following the procedures described in 
Sec. 63.7(f).
    (c) Compliance demonstration with the emission standards--(1) 
Initial performance test. You must conduct an initial performance test 
for air pollution control devices or vent stacks subject to Sec. 
63.1623(a), (b)(1), and (c) through (e) to demonstrate compliance with 
the applicable emission standards.

[[Page 238]]

    (2) Periodic performance test. (i) You must conduct annual 
particulate matter tests for wet scrubber air pollution control devices 
subject to Sec. 63.1623(a)(1) to demonstrate compliance with the 
applicable emission standards.
    (ii) You must conduct particulate matter tests every 5 years for 
fabric filter air pollution control devices subject to Sec. 
63.1623(a)(1) to demonstrate compliance with the applicable emission 
standards.
    (iii) You must conduct annual mercury performance tests for wet 
scrubber and fabric filter air pollution control devices or vent stacks 
subject to Sec. 63.1623(a)(2) to demonstrate compliance with the 
applicable emission standards.
    (iv) You must conduct PAH performance tests for wet scrubber and 
fabric filter air pollution control devices or vent stacks subject to 
Sec. 63.1623(a)(3) to demonstrate compliance with the applicable 
emission standards.
    (A) For furnaces producing silicomanganese, you must conduct a PAH 
performance test every 5 years for each furnace that produces 
silicomanganese subject to Sec. 63.1623(a)(3).
    (B) For furnaces producing ferromanganese, you must conduct a PAH 
performance test every 3 months or 2,190 cumulative hours of 
ferromanganese production for each furnace subject to Sec. 
63.1623(a)(3).
    (C) If a furnace producing ferromanganese demonstrates compliance 
with four consecutive PAH tests, the owner/operator may petition the 
permitting authority to request reduced frequency of testing to 
demonstrate compliance with the PAH emission standards. However, this 
PAH compliance testing cannot be reduced to less than once per year.
    (v) You must conduct ongoing performance tests every 5 years for air 
pollution control devices or vent stacks subject to Sec. 63.1623(a)(4), 
(a)(5), (b)(1), and (c) through (e) to demonstrate compliance with the 
applicable emission standards.
    (3) Compliance is demonstrated for all sources performing emissions 
tests if the average concentration for the three runs comprising the 
performance test does not exceed the standard.
    (4) Operating limits. You must establish parameter operating limits 
according to paragraphs (c)(4)(i) through (iv) of this section. Unless 
otherwise specified, compliance with each established operating limit 
shall be demonstrated for each 24-hour operating day.
    (i) For a wet particulate matter scrubber, you must establish the 
minimum liquid flow rate and pressure drop as your operating limits 
during the three-run performance test. If you use a wet particulate 
matter scrubber and you conduct separate performance tests for 
particulate matter, you must establish one set of minimum liquid flow 
rate and pressure drop operating limits. If you conduct multiple 
performance tests, you must set the minimum liquid flow rate and 
pressure drop operating limits at the highest minimum hourly average 
values established during the performance tests.
    (ii) For a wet acid gas scrubber, you must establish the minimum 
liquid flow rate and pH, as your operating limits during the three-run 
performance test. If you use a wet acid gas scrubber and you conduct 
separate performance tests for hydrochloric acid, you must establish one 
set of minimum liquid flow rate and pH operating limits. If you conduct 
multiple performance tests, you must set the minimum liquid flow rate 
and pH operating limits at the highest minimum hourly average values 
established during the performance tests.
    (iii) For emission sources with fabric filters that choose to 
demonstrate continuous compliance through bag leak detection systems you 
must install a bag leak detection system according to the requirements 
in Sec. 63.1626(d) and you must set your operating limit such that the 
sum duration of bag leak detection system alarms does not exceed 5 
percent of the process operating time during a 6-month period.
    (iv) If you choose to demonstrate continuous compliance through a 
particulate matter CEMS, you must determine an operating limit 
(particulate matter concentration in mg/dscm) during performance testing 
for initial particulate matter compliance. The operating limit will be 
the average of the PM filterable results of the three Method 5 or Method 
5D of appendix A-

[[Page 239]]

3 of 40 CFR part 60 performance test runs. To determine continuous 
compliance, the hourly average PM concentrations will be averaged on a 
rolling 30 operating day basis. Each 30 operating day average will have 
to meet the PM operating limit.
    (d) Compliance demonstration with shop building opacity standards. 
(1)(i) If you are subject to Sec. 63.1623(b), you must conduct opacity 
observations of the shop building to demonstrate compliance with the 
applicable opacity standards according to Sec. 63.6(h)(5), which 
addresses conducting opacity or visible emission observations.
    (ii) You must conduct the opacity observations according to ASTM 
D7520-16 (incorporated by reference, see Sec. 63.14), for a period that 
includes at least one complete furnace process cycle for each furnace.
    (iii) For a shop building that contains more than one furnace, you 
must conduct the opacity observations according to ASTM D7520-16 for a 
period that includes one tapping period from each furnace located in the 
shop building.
    (iv) You must conduct the opacity observations according to ASTM 
D7520-16 for a 1-hour period that includes at least one pouring for each 
MOR located in the shop building.
    (v) You must conduct the opacity observations at least once per week 
for each shop building containing one or more furnaces or MOR.
    (vi) You may reduce the frequency of observations to once per month 
for each shop building that demonstrates compliance with the weekly 8-
percent opacity limit for 26 consecutive complete observations that span 
a period of at least 26 weeks. Any monthly observation in excess of 8-
percent opacity will return that shop building opacity observation to a 
weekly compliance schedule. You may reduce the frequency of observations 
again to once per month for each shop building that demonstrates 
compliance with the weekly 8-percent opacity limit after another 26 
consecutive complete observations that span a period of at least 26 
weeks.
    (2) You must determine shop building opacity operating parameters 
based on either monitoring data collected during the compliance 
demonstration or established in an engineering assessment.
    (i) If you choose to establish parameters based on the initial 
compliance demonstration, you must simultaneously monitor parameter 
values for one of the following: The capture system fan motor amperes 
and all capture system damper positions, the total volumetric flow rate 
to the air pollution control device and all capture system damper 
positions, or volumetric flow rate through each separately ducted hood 
that comprises the capture system. Subsequently you must monitor these 
parameters according to Sec. 63.1626(g) and ensure they remain within 
10 percent of the value recorded during the compliant opacity readings.
    (ii) If you choose to establish parameters based on an engineering 
assessment, then a design analysis shall include, for example, 
specifications, drawings, schematics and ventilation system diagrams 
prepared by the owner or operator or capture or control system 
manufacturer or vendor that describes the shop building opacity system 
ventilation design based on acceptable engineering texts. The design 
analysis shall address vent stream characteristics and ventilation 
system design operating parameters such as fan amps, damper position, 
flow rate and/or other specified parameters.
    (iii) You may petition the Administrator to reestablish these 
parameter ranges whenever you can demonstrate to the Administrator's 
satisfaction that the electric arc furnace or MOR operating conditions 
upon which the parameter ranges were previously established are no 
longer applicable. The values of these parameter ranges determined 
during the most recent demonstration of compliance must be maintained at 
the appropriate level for each applicable period.
    (3) You will demonstrate continuing compliance with the opacity 
standards by following the monitoring requirements specified in Sec. 
63.1626(g) and the reporting and recordkeeping requirements specified in 
Sec. 63.1628(b)(5).
    (e) Compliance demonstration with the operational and work practice 
standards--(1) Process fugitive emissions

[[Page 240]]

sources. You will demonstrate compliance by developing and maintaining a 
process fugitives ventilation plan, by reporting any deviations from the 
plan and by taking necessary corrective actions to correct deviations or 
deficiencies.
    (2) Outdoor fugitive dust sources. You will demonstrate compliance 
by developing and maintaining an outdoor fugitive dust control plan, by 
reporting any deviations from the plan and by taking necessary 
corrective actions to correct deviations or deficiencies.
    (3) Baghouses equipped with bag leak detection systems. You will 
demonstrate compliance with the bag leak detection system requirements 
by developing an analysis and supporting documentation demonstrating 
conformance with EPA guidance and specifications for bag leak detection 
systems in Sec. 60.57c(h) of this chapter.

[80 FR 37390, June 30, 2015, as amended at 82 FR 5408, Jan. 18, 2017; 88 
FR 16773, Mar. 20, 2023]



Sec. 63.1626  What monitoring requirements must I meet?

    (a) Baghouse monitoring. You must prepare, and at all times operate 
according to, a standard operating procedures manual that describes in 
detail procedures for inspection, maintenance and bag leak detection and 
corrective action plans for all baghouses (fabric filters or cartridge 
filters) that are used to control process vents, process fugitive, or 
outdoor fugitive dust emissions from any source subject to the emissions 
standards in Sec. 63.1623.
    (b) You must submit the standard operating procedures manual for 
baghouses required by paragraph (a) of this section to the Administrator 
or delegated authority for review and approval.
    (c) For an existing positive pressure baghouse used to control 
emissions from an electric arc furnace that is not equipped with a bag 
leak detection system, you must specify in the standard operating 
procedures manual for inspections and routine maintenance, at a minimum, 
the requirements of paragraphs (c)(1) and (2) of this section.
    (1) You must visually inspect the outlet of each baghouse using 
Method 22 on a twice daily basis (at least 4 hours apart) for evidence 
of any visible emissions indicating abnormal operations and must 
initiate corrective actions within 1 hour of any visible emissions that 
indicates abnormal operation. Corrective actions shall include, at a 
minimum, isolating, shutting down and conducting an internal inspection 
of the baghouse compartment that is the source of the visible emissions 
that indicate abnormal operations.
    (2) In addition to the daily visible emissions observation, you must 
conduct the following activities:
    (i) Weekly confirmation that dust is being removed from hoppers 
through visual inspection, or equivalent means of ensuring the proper 
functioning of removal mechanisms.
    (ii) Daily check of compressed air supply for pulse-jet baghouses.
    (iii) An appropriate methodology for monitoring cleaning cycles to 
ensure proper operation.
    (iv) Monthly check of bag cleaning mechanisms for proper functioning 
through visual inspection or equivalent means.
    (v) Quarterly visual check of bag tension on reverse air and shaker-
type baghouses to ensure that the bags are not kinked (kneed or bent) or 
lying on their sides. Such checks are not required for shaker-type 
baghouses using self-tensioning (spring loaded) devices.
    (vi) Quarterly confirmation of the physical integrity of the 
baghouse structure through visual inspection of the baghouse interior 
for air leaks.
    (vii) Semiannual inspection of fans for wear, material buildup and 
corrosion through visual inspection, vibration detectors, or equivalent 
means.
    (d) For all other non-furnace baghouses that are not equipped with 
bag leak detection or CEMS, the procedures that you specify in the 
standard operating procedures manual for inspections and routine 
maintenance must, at a minimum, include the requirements of paragraphs 
(d)(1) and (2) of this section.
    (1) You must observe the baghouse outlet on a daily basis for the 
presence of any visible emissions.
    (2) In addition to the daily visible emissions observation, you must 
conduct the following activities:

[[Page 241]]

    (i) Weekly confirmation that dust is being removed from hoppers 
through visual inspection, or equivalent means of ensuring the proper 
functioning of removal mechanisms.
    (ii) Daily check of compressed air supply for pulse-jet baghouses.
    (iii) An appropriate methodology for monitoring cleaning cycles to 
ensure proper operation.
    (iv) Monthly check of bag cleaning mechanisms for proper functioning 
through visual inspection or equivalent means.
    (v) Quarterly visual check of bag tension on reverse air and shaker-
type baghouses to ensure that the bags are not kinked (kneed or bent) or 
lying on their sides. Such checks are not required for shaker-type 
baghouses using self-tensioning (spring loaded) devices.
    (vi) Quarterly confirmation of the physical integrity of the 
baghouse structure through visual inspection of the baghouse interior 
for air leaks.
    (vii) Semiannual inspection of fans for wear, material buildup and 
corrosion through visual inspection, vibration detectors, or equivalent 
means.
    (e) Bag leak detection system. (1) For each baghouse used to control 
emissions from an electric arc furnace, you must install, operate, and 
maintain a bag leak detection system according to paragraphs (e)(2) 
through (4) of this section, unless a system meeting the requirements of 
paragraph (p) of this section, for a CEMS and continuous emissions rate 
monitoring system, is installed for monitoring the concentration of 
particulate matter, or an existing positive pressure baghouse used to 
control emissions from an electric arc furnaces that is subject to 
paragraph (c) of this section. You may choose to install, operate, and 
maintain a bag leak detection system for any other baghouse in operation 
at the facility according to paragraphs (e)(2) through (4) of this 
section.
    (2) The procedures you specified in the standard operating 
procedures manual for baghouse maintenance must include, at a minimum, a 
preventative maintenance schedule that is consistent with the baghouse 
manufacturer's instructions for routine and long-term maintenance.
    (3) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (e)(3)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 1.0 milligram per dry standard cubic meter (0.00044 grains per actual 
cubic foot) or less.
    (ii) The bag leak detection system sensor must provide output of 
relative PM loadings.
    (iii) The bag leak detection system must be equipped with an alarm 
system that will alarm when an increase in relative particulate loadings 
is detected over a preset level.
    (iv) You must install and operate the bag leak detection system in a 
manner consistent with the guidance provided in ``Office of Air Quality 
Planning and Standards (OAQPS) Fabric Filter Bag Leak Detection 
Guidance'' EPA-454/R-98-015, September 1997 (incorporated by reference, 
see Sec. 63.14) and the manufacturer's written specifications and 
recommendations for installation, operation and adjustment of the 
system.
    (v) The initial adjustment of the system must, at a minimum, consist 
of establishing the baseline output by adjusting the sensitivity (range) 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time.
    (vi) Following initial adjustment, you must not adjust the 
sensitivity or range, averaging period, alarm set points, or alarm delay 
time, except as detailed in the approved standard operating procedures 
manual required under paragraph (a) of this section. You cannot increase 
the sensitivity by more than 100 percent or decrease the sensitivity by 
more than 50 percent over a 365-day period unless such adjustment 
follows a complete baghouse inspection that demonstrates that the 
baghouse is in good operating condition.
    (vii) You must install the bag leak detector downstream of the 
baghouse.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.

[[Page 242]]

    (4) You must include in the standard operating procedures manual 
required by paragraph (a) of this section a corrective action plan that 
specifies the procedures to be followed in the case of a bag leak 
detection system alarm. The corrective action plan must include, at a 
minimum, the procedures that you will use to determine and record the 
time and cause of the alarm as well as the corrective actions taken to 
minimize emissions as specified in paragraphs (e)(4)(i) and (ii) of this 
section.
    (i) The procedures used to determine the cause of the alarm must be 
initiated within 30 minutes of the alarm.
    (ii) The cause of the alarm must be alleviated by taking the 
necessary corrective action(s) that may include, but not be limited to, 
those listed in paragraphs (e)(4)(ii)(A) through (F) of this section.
    (A) Inspecting the baghouse for air leaks, torn or broken filter 
elements, or any other malfunction that may cause an increase in 
emissions.
    (B) Sealing off defective bags or filter media.
    (C) Replacing defective bags or filter media, or otherwise repairing 
the control device.
    (D) Sealing off a defective baghouse compartment.
    (E) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system.
    (F) Shutting down the process producing the particulate emissions.
    (f) If you use a wet particulate matter scrubber, you must collect 
the pressure drop and liquid flow rate monitoring system data according 
to Sec. 63.1628, reduce the data to 24-hour block averages and maintain 
the 24-hour average pressure drop and liquid flow-rate at or above the 
operating limits established during the performance test according to 
Sec. 63.1625(c)(4)(i).
    (g) If you use curtains or partitions to prevent process fugitive 
emissions from escaping the area around the process fugitive emission 
source or other parts of the building, you must perform quarterly 
inspections of the physical condition of these curtains or partitions to 
determine if there are any tears or openings.
    (h) Shop building opacity. In order to demonstrate continuous 
compliance with the opacity standards in Sec. 63.1623, you must comply 
with the requirements Sec. 63.1625(d)(1) and one of the monitoring 
options in paragraphs (h)(1) or (2) of this section. The selected option 
must be consistent with that selected during the initial performance 
test described in Sec. 63.1625(d)(2). Alternatively, you may use the 
provisions of Sec. 63.8(f) to request approval to use an alternative 
monitoring method.
    (1) If you choose to establish operating parameters during the 
compliance test as specified in Sec. 63.1625(d)(2)(i), you must meet 
one of the following requirements.
    (i) Check and record the control system fan motor amperes and 
capture system damper positions once per shift.
    (ii) Install, calibrate and maintain a monitoring device that 
continuously records the volumetric flow rate through each separately 
ducted hood.
    (iii) Install, calibrate and maintain a monitoring device that 
continuously records the volumetric flow rate at the inlet of the air 
pollution control device and check and record the capture system damper 
positions once per shift.
    (2) If you choose to establish operating parameters during the 
compliance test as specified in Sec. 63.1625(d)(2)(ii), you must 
monitor the selected parameter(s) on a frequency specified in the 
assessment and according to a method specified in the engineering 
assessment
    (3) All flow rate monitoring devices must meet the following 
requirements:
    (i) Be installed in an appropriate location in the exhaust duct such 
that reproducible flow rate monitoring will result.
    (ii) Have an accuracy 10 percent over its 
normal operating range and be calibrated according to the manufacturer's 
instructions.
    (4) The Administrator may require you to demonstrate the accuracy of 
the monitoring device(s) relative to Methods 1 and 2 of appendix A-1 of 
part 60 of this chapter.
    (5) Failure to maintain the appropriate capture system parameters 
(e.g., fan motor amperes, flow rate and/or damper positions) establishes 
the need to initiate corrective action as soon as

[[Page 243]]

practicable after the monitoring excursion in order to minimize excess 
emissions.
    (i) Furnace capture system. You must perform quarterly (once every 
three months) inspections of the furnace fugitive capture system 
equipment to ensure that the hood locations have not been changed or 
obstructed because of contact with cranes or ladles, quarterly 
inspections of the physical condition of hoods and ductwork to the 
control device to determine if there are any openings or leaks in the 
ductwork, quarterly inspections of the hoods and ductwork to determine 
if there are any flow constrictions in ductwork due to dents or 
accumulated dust and quarterly examinations of the operational status of 
flow rate controllers (pressure sensors, dampers, damper switches, etc.) 
to ensure they are operating correctly. Any deficiencies must be 
recorded and proper maintenance and repairs performed.
    (j) Requirements for sources using CMS. If you demonstrate 
compliance with any applicable emissions limit through use of a 
continuous monitoring system (CMS), where a CMS includes a continuous 
parameter monitoring system (CPMS) as well as a continuous emissions 
monitoring system (CEMS), you must develop a site-specific monitoring 
plan and submit this site-specific monitoring plan, if requested, at 
least 60 days before your initial performance evaluation (where 
applicable) of your CMS. Your site-specific monitoring plan must address 
the monitoring system design, data collection and the quality assurance 
and quality control elements outlined in this paragraph and in Sec. 
63.8(d). You must install, operate and maintain each CMS according to 
the procedures in your approved site-specific monitoring plan. Using the 
process described in Sec. 63.8(f)(4), you may request approval of 
monitoring system quality assurance and quality control procedures 
alternative to those specified in paragraphs (j)(1) through (6) of this 
section in your site-specific monitoring plan.
    (1) The performance criteria and design specifications for the 
monitoring system equipment, including the sample interface, detector 
signal analyzer and data acquisition and calculations;
    (2) Sampling interface location such that the monitoring system will 
provide representative measurements;
    (3) Equipment performance checks, system accuracy audits, or other 
audit procedures;
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1) and (3);
    (5) Conditions that define a continuous monitoring system that is 
out of control consistent with Sec. 63.8(c)(7)(i) and for responding to 
out of control periods consistent with Sec. 63.8(c)(7)(ii) and (c)(8) 
or Table 1 to this subpart, as applicable; and
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with provisions in Sec. 63.10(c), (e)(1) and (e)(2)(i), and Table 1 to 
this subpart, as applicable.
    (k) If you have an operating limit that requires the use of a CPMS, 
you must install, operate and maintain each continuous parameter 
monitoring system according to the procedures in paragraphs (k)(1) 
through (7) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
successive cycles of operation to have a valid hour of data.
    (2) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions and required monitoring 
system quality assurance or quality control activities (including, as 
applicable, system accuracy audits and required zero and span 
adjustments), you must operate the CMS at all times the affected source 
is operating. A monitoring system malfunction is any sudden, infrequent, 
not reasonably preventable failure of the monitoring system to provide 
valid data. Monitoring system failures that are caused in part by poor 
maintenance or careless operation are not malfunctions. You are required 
to complete monitoring system repairs in response to monitoring system 
malfunctions and to return the monitoring system to operation as 
expeditiously as practicable.

[[Page 244]]

    (3) You may not use data recorded during monitoring system 
malfunctions, repairs associated with monitoring system malfunctions, or 
required monitoring system quality assurance or control activities in 
calculations used to report emissions or operating levels. You must use 
all the data collected during all other required data collection periods 
in assessing the operation of the control device and associated control 
system.
    (4) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions and required quality 
monitoring system quality assurance or quality control activities 
(including, as applicable, system accuracy audits and required zero and 
span adjustments), failure to collect required data is a deviation of 
the monitoring requirements.
    (5) You must conduct other CPMS equipment performance checks, system 
accuracy audits, or other audit procedures specified in your site-
specific monitoring plan at least once every 12 months.
    (6) You must conduct a performance evaluation of each CPMS in 
accordance with your site-specific monitoring plan.
    (7) You must record the results of each inspection, calibration and 
validation check.
    (l) CPMS for measuring gaseous flow. (1) Use a flow sensor with a 
measurement sensitivity of 5 percent of the flow rate or 10 cubic feet 
per minute, whichever is greater;
    (2) Check all mechanical connections for leakage at least every 
month; and
    (3) Perform a visual inspection at least every 3 months of all 
components of the flow CPMS for physical and operational integrity and 
all electrical connections for oxidation and galvanic corrosion if your 
flow CPMS is not equipped with a redundant flow sensor.
    (m) CPMS for measuring liquid flow. (1) Use a flow sensor with a 
measurement sensitivity of 2 percent of the liquid flow rate; and
    (2) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (n) CPMS for measuring pressure. (1) Minimize or eliminate pulsating 
pressure, vibration and internal and external corrosion; and
    (2) Use a gauge with a minimum tolerance of 1.27 centimeters of 
water or a transducer with a minimum tolerance of 1 percent of the 
pressure range.
    (3) Perform checks at least once each process operating day to 
ensure pressure measurements are not obstructed (e.g., check for 
pressure tap pluggage daily).
    (o) CPMS for measuring pH. (1) Ensure the sample is properly mixed 
and representative of the fluid to be measured.
    (2) Check the pH meter's calibration on at least two points every 
eight hours of process operation.
    (p) Particulate Matter CEMS. If you are using a CEMS to measure 
particulate matter emissions to meet requirements of this subpart, you 
must install, certify, operate and maintain the particulate matter CEMS 
as specified in paragraphs (p)(1) through (4) of this section.
    (1) You must conduct a performance evaluation of the PM CEMS 
according to the applicable requirements of Sec. 60.13 of this chapter 
and Performance Specification 11 at 40 CFR part 60, appendix B.
    (2) During each PM correlation testing run of the CEMS required by 
Performance Specification 11 at 40 CFR part 60, appendix B, PM and 
oxygen (or carbon dioxide) collect data concurrently (or within a 30- to 
60-minute period) by both the CEMS and by conducting performance tests 
using Method 5 or 5D at 40 CFR part 60, appendix A-3 or Method 17 at 40 
CFR part 60, appendix A-6.
    (3) Perform quarterly accuracy determinations and daily calibration 
drift tests in accordance with Procedure 2 at 40 CFR part 60, appendix 
F. Relative Response Audits must be performed annually and Response 
Correlation Audits must be performed every 3 years.
    (4) 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 relative accuracy test 
audit data and the results of the performance test as specified in Sec. 
63.1628(e).

[80 FR 37390, June 30, 2015, as amended at 82 FR 5408, Jan. 18, 2017]

[[Page 245]]



Sec. 63.1627  What notification requirements must I meet?

    (a) You must comply with all of the notification requirements of 
Sec. 63.9. Electronic notifications are encouraged when possible.
    (b)(1) You must submit the process fugitive ventilation plan 
required under Sec. 63.1624(a), the outdoor fugitive dust control plan 
required under Sec. 63.1624(b), the site-specific monitoring plan for 
CMS required under Sec. 63.1626(i) and the standard operating 
procedures manual for baghouses required under Sec. 63.1626(a) to the 
Administrator or delegated authority. You must submit this notification 
no later than June 30, 2016. For sources that commenced construction or 
reconstruction after June 30, 2015, you must submit this notification no 
later than 180 days before startup of the constructed or reconstructed 
ferromanganese or silicomanganese production facility. For an affected 
source that has received a construction permit from the Administrator or 
delegated authority on or before June 30, 2015, you must submit this 
notification no later than June 30, 2016.
    (2) The plans and procedures documents submitted as required under 
paragraph (b)(1) of this section must be submitted to the Administrator 
in electronic format and whenever an update is made to the procedure.

[80 FR 37390, June 30, 2015]



Sec. 63.1628  What recordkeeping and reporting requirements must I meet?

    (a) You must comply with all of the recordkeeping and reporting 
requirements specified in Sec. 63.10 of the General Provisions that are 
referenced in Table 1 to this subpart.
    (1) Records must be maintained in a form suitable and readily 
available for expeditious review, according to Sec. 63.10(b)(1). 
However, electronic recordkeeping and reporting is encouraged and 
required for some records and reports.
    (2) Records must be kept on site for at least 2 years after the date 
of occurrence, measurement, maintenance, corrective action, report, or 
record, according to Sec. 63.10(b)(1).
    (b) You must maintain, for a period of 5 years, records of the 
information listed in paragraphs (b)(1) through (11) of this section.
    (1) Electronic records of the bag leak detection system output.
    (2) An identification of the date and time of all bag leak detection 
system alarms, the time that procedures to determine the cause of the 
alarm were initiated, the cause of the alarm, an explanation of the 
corrective actions taken and the date and time the cause of the alarm 
was corrected.
    (3) All records of inspections and maintenance activities required 
under Sec. 63.1626(c) as part of the practices described in the 
standard operating procedures manual for baghouses required under Sec. 
63.1626(a).
    (4) Electronic records of the pressure drop and water flow rate 
values for wet scrubbers used to control particulate matter emissions as 
required in Sec. 63.1626(e), identification of periods when the 1-hour 
average pressure drop and water flow rate values are below the 
established minimum operating limits and an explanation of the 
corrective actions taken.
    (5) Electronic records of the shop building capture system 
monitoring required under Sec. 63.1626(g)(1) and (2), as applicable, or 
identification of periods when the capture system parameters were not 
maintained and an explanation of the corrective actions taken.
    (6) Records of the results of quarterly inspections of the furnace 
capture system required under Sec. 63.1626(h).
    (7) Electronic records of the continuous flow monitors or pressure 
monitors required under Sec. 63.1626(i) and (j) and an identification 
of periods when the flow rate or pressure was not maintained as required 
in Sec. 63.1626(e).
    (8) Electronic records of the output of any CEMS installed to 
monitor particulate matter emissions meeting the requirements of Sec. 
63.1626(i).
    (9) Records of the occurrence and duration of each startup and/or 
shutdown.
    (10) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control 
equipment and monitoring equipment.
    (11) Records that explain the periods when the procedures outlined 
in the process fugitives ventilation plan required under Sec. 
63.1624(a), the fugitives

[[Page 246]]

dust control plan required under Sec. 63.1624(b), the site-specific 
monitoring plan for CMS required under Sec. 63.1626(i) and the standard 
operating procedures manual for baghouses required under Sec. 
63.1626(a).
    (c) You must comply with all of the reporting requirements specified 
in Sec. 63.10 of the General Provisions that are referenced in Table 1 
to this subpart.
    (1) You must submit reports no less frequently than specified under 
Sec. 63.10(e)(3) of the General Provisions.
    (2) Once a source reports a violation of the standard or excess 
emissions, you must follow the reporting format required under Sec. 
63.10(e)(3) until a request to reduce reporting frequency is approved by 
the Administrator.
    (d) In addition to the information required under the applicable 
sections of Sec. 63.10, you must include in the reports required under 
paragraph (c) of this section the information specified in paragraphs 
(d)(1) through (7) of this section.
    (1) Reports that identify and explain the periods when the 
procedures outlined in the process fugitives ventilation plan required 
under Sec. 63.1624(a), the fugitives dust control plan required under 
Sec. 63.1624(b), the site-specific monitoring plan for CMS required 
under Sec. 63.1626(i) and the standard operating procedures manual for 
baghouses required under Sec. 63.1626(a) were not followed.
    (2) Reports that identify the periods when the average hourly 
pressure drop or flow rate of wet scrubbers used to control particulate 
emissions dropped below the levels established in Sec. 63.1626(e) and 
an explanation of the corrective actions taken.
    (3) Bag leak detection system. Reports including the following 
information:
    (i) Records of all alarms.
    (ii) Description of the actions taken following each bag leak 
detection system alarm.
    (4) Reports of the shop building capture system monitoring required 
under Sec. 63.1626(g)(1) and (2), as applicable, identification of 
periods when the capture system parameters were not maintained and an 
explanation of the corrective actions taken.
    (5) Reports of the results of quarterly inspections of the furnace 
capture system required under Sec. 63.1626(h).
    (6) Reports of the CPMS required under Sec. 63.1626, an 
identification of periods when the monitored parameters were not 
maintained as required in Sec. 63.1626 and corrective actions taken.
    (7) If a malfunction occurred during the reporting period, the 
report must include the number, duration and a brief description for 
each type of malfunction that occurred during the reporting period and 
caused or may have caused any applicable emissions limitation to be 
exceeded. The report must also include a description of actions taken by 
the owner or operator during a malfunction of an affected source to 
minimize emissions in accordance with Sec. 63.1623(f), including 
actions taken to correct a malfunction.
    (e) 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 relative accuracy test 
audit data and the results of the performance test in the method 
specified by paragraphs (e)(1) and (2) of this section. The results of 
the performance test must contain the information listed in paragraph 
(e)(2) of this section.
    (1)(i) Within 60 days after the date of completing each performance 
test (as defined in Sec. 63.2) required by this subpart, you must 
submit the results of the performance tests, including any associated 
fuel analyses, following the procedure specified in either paragraph 
(e)(1)(i)(A) or (B) of this section.
    (A) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(http://www.epa.gov/ttn/chief /ert/index.html), you must submit the 
results of the performance test to the EPA via the Compliance and 
Emissions Data Reporting Interface (CEDRI). CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (http://cdx.epa.gov/
epa_home.asp). Performance test data must be submitted in a file format 
generated through the use of the EPA's ERT. Alternatively, you may 
submit performance test data in an electronic file format consistent

[[Page 247]]

with the extensible markup language (XML) schema listed on the EPA's ERT 
Web site once the XML schema is available. If you claim that some of the 
performance test information being submitted is confidential business 
information (CBI), you must submit a complete file generated through the 
use of the EPA's ERT or an alternate electronic file consistent with the 
XML schema listed on the EPA's ERT Web site, including information 
claimed to be CBI, on a compact disk, flash drive, or other commonly 
used electronic storage media to the EPA. The electronic media must be 
clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI 
omitted must be submitted to the EPA via the EPA's CDX as described 
earlier in this paragraph (e)(1)(i)(A).
    (B) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site, you must submit the 
results of the performance test to the Administrator at the appropriate 
address listed in Sec. 63.13.
    (ii) Within 60 days after the date of completing each CEMS 
performance evaluation (as defined in Sec. 63.2), you must submit the 
results of the performance evaluation following the procedure specified 
in either paragraph (b)(1) or (2) of this section.
    (A) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site, you must 
submit the results of the performance evaluation to the EPA via the 
CEDRI. (CEDRI can be accessed through the EPA's CDX.) Performance 
evaluation data must be submitted in a file format generated through the 
use of the EPA's ERT. Alternatively, you may submit performance 
evaluation data in an electronic file format consistent with the XML 
schema listed on the EPA's ERT Web site, once the XML schema is 
available. If you claim that some of the performance evaluation 
information being transmitted is CBI, you must submit a complete file 
generated through the use of the EPA's ERT or an alternative electronic 
file consistent with the XML schema listed on the EPA's ERT Web site, 
including information claimed to be CBI, on a compact disk, flash drive 
or other commonly used electronic storage media to the EPA. The 
electronic storage media must be clearly marked as CBI and mailed to 
U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT file or alternate file with the CBI omitted must be submitted to the 
EPA via the EPA's CDX as described earlier in this paragraph 
(e)(1)(ii)(A).
    (B) For any performance evaluations of continuous monitoring systems 
measuring RATA pollutants that are not supported by the EPA's ERT as 
listed on the EPA's ERT Web site, you must submit the results of the 
performance evaluation to the Administrator at the appropriate address 
listed in Sec. 63.13.
    (2) The results of a performance test shall include the purpose of 
the test; a brief process description; a complete unit description, 
including a description of feed streams and control devices; sampling 
site description; pollutants measured; description of sampling and 
analysis procedures and any modifications to standard procedures; 
quality assurance procedures; record of operating conditions, including 
operating parameters for which limits are being set, during the test; 
record of preparation of standards; record of calibrations; raw data 
sheets for field sampling; raw data sheets for field and laboratory 
analyses; chain-of-custody documentation; explanation of laboratory data 
qualifiers; example calculations of all applicable stack gas parameters, 
emission rates, percent reduction rates and analytical results, as 
applicable; and any other information required by the test method, a 
relevant standard, or the Administrator.

[80 FR 37390, June 30, 2015]

[[Page 248]]



Sec. 63.1629  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable state, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
state, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a state, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the state, local, or tribal agency.
    (c) The authorities that cannot be delegated to state, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to requirements in Sec. Sec. 63.1620 
and 63.1621 and 63.1623 and 63.1624.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90 and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90 and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90 and as required in this 
subpart.

[80 FR 37390, June 30, 2015]



Sec. Sec. 63.1630-63.1649  [Reserved]



Sec. 63.1650  Applicability and compliance dates.

    (a) This subpart applies to all new and existing ferromanganese and 
silicomanganese production facilities that manufacture ferromanganese or 
silicomanganese and are major sources or are co-located at major sources 
of hazardous air pollutant emissions.
    (b) The following sources at a ferromanganese and silicomanganese 
production facility are subject to this subpart:
    (1) Open submerged arc furnaces with a furnace power input of 22 MW 
or less when producing ferromanganese.
    (2) Open submerged arc furnaces with a furnace power input greater 
than 22 MW when producing ferromanganese.
    (3) Open submerged arc furnaces with a furnace power input greater 
than 25 MW when producing silicomanganese.
    (4) Open submerged arc furnaces with a furnace power input of 25 MW 
or less when producing silicomanganese.
    (5) Semi-sealed submerged arc furnaces when producing 
ferromanganese.
    (6) Metal oxygen refining (MOR) process.
    (7) Crushing and screening operations.
    (8) Fugitive dust sources.
    (c) A new affected source is one for which construction or 
reconstruction commenced after August 4, 1998.
    (d) Table 1 to this subpart specifies the provisions of subpart A of 
this part that apply to owners and operators of ferroalloy production 
facilities subject to this subpart.
    (e) Compliance dates. (1) [Reserved]
    (2) Each owner or operator of a new or reconstructed affected source 
that commences construction or reconstruction after August 4, 1998 and 
before November 23, 2011, must comply with the requirements of this 
subpart by May 20, 1999 or upon startup of operations, whichever is 
later.

[64 FR 27458, May 20, 1999, as amended at 66 FR 16012, Mar. 22, 2001; 80 
FR 37399, June 30, 2015]



Sec. 63.1651  Definitions.

    Terms in this subpart are defined in the Clean Air Act (Act), in 
subpart A of this part, or in this section as follows:
    Bag leak detection system means a system that is capable of 
continuously monitoring particulate matter (dust) loadings in the 
exhaust of a baghouse in order 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, light scattering, light 
transmittance, or other effect to continuously monitor relative 
particulate matter loadings.
    Capture system means the equipment (including hoods, ducts, fans, 
dampers,

[[Page 249]]

etc.) used to capture or transport particulate matter generated by an 
affected submerged arc furnace.
    Casting means the period of time from when molten ferroalloy falls 
from the furnace tapping runner into the ladle until pouring into molds 
is completed. This includes the following operations: ladle filling, 
pouring alloy from one ladle to another, slag separation, slag removal, 
and ladle transfer by crane, truck, or other conveyance.
    Crushing and screening equipment means the crushers, grinders, 
mills, screens and conveying systems used to crush, size, and prepare 
for packing manganese-containing materials, including raw materials, 
intermediate products, and final products.
    Fugitive dust source means a stationary source from which manganese-
bearing particles are discharged to the atmosphere due to wind or 
mechanical inducement such as vehicle traffic. Fugitive dust sources 
include plant roadways, yard areas, and outdoor material storage and 
transfer operations.
    Furnace power input means the resistive electrical power consumption 
of a submerged arc furnace, expressed as megawatts (MW).
    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 caused in part by poor 
maintenance or careless operation are not malfunctions.
    Metal oxygen refining (MOR) process means the reduction of the 
carbon content of ferromanganese through the use of oxygen.
    Open submerged arc furnace means an electric submerged arc furnace 
that is equipped with a canopy hood above the furnace to collect primary 
emissions.
    Operating time means the period of time in hours that the affected 
source is in operation beginning at a startup and ending at the next 
shutdown.
    Plant roadway means any area at a ferromanganese and silicomanganese 
production facility that is subject to plant mobile equipment, such as 
fork lifts, front end loaders, or trucks, carrying manganese-bearing 
materials. Excluded from this definition are employee and visitor 
parking areas, provided they are not subject to traffic by plant mobile 
equipment.
    Primary emissions means gases and emissions collected by hoods and 
ductwork located above an open furnace or under the cover of a semi-
closed or sealed furnace.
    Sealed submerged arc furnace means an electric submerged arc furnace 
equipped with a total enclosure or cover from which primary emissions 
are evacuated directly.
    Semi-closed submerged arc furnace means an electric submerged arc 
furnace equipped with a partially sealed cover over the furnace. This 
cover is equipped with openings to allow penetration of the electrodes 
into the furnace. Mix is introduced into the furnace around the 
electrode holes forming a partial seal between the electrodes and the 
cover. Furnace emissions generated under the cover are ducted to an 
emission control device. Emissions that escape the cover are collected 
and vented through stacks directly to the atmosphere.
    Shop means the building which houses one or more submerged arc 
furnaces.
    Shutdown means the cessation of operation of an affected source for 
any purpose.
    Startup means the setting in operation of an affected source for any 
purpose.
    Submerged arc furnace means any furnace wherein electrical energy is 
converted to heat energy by transmission of current between electrodes 
partially submerged in the furnace charge. The furnace may be of an 
open, semi-sealed, or sealed design.
    Tapping emissions means a source of air pollutant emissions that 
occur during the process of removing the molten product from the 
furnace.
    Tapping period means the time from when a tap hole is opened until 
the time a tap hole is closed.

[64 FR 27458, May 20, 1999, as amended at 71 FR 20462, Apr. 20, 2006]



Sec. 63.1652  Emission standards.

    (a) New and reconstructed submerged arc furnaces. No owner or 
operator shall

[[Page 250]]

cause to be discharged into the atmosphere from any new or reconstructed 
submerged arc furnace exhaust gases (including primary and tapping) 
containing particulate matter in excess of one of the following:
    (1) 0.23 kilograms per hour per megawatt (kg/hr/MW) (0.51 pounds per 
hour per megawatt [lb/hr/MW]), or
    (2) 35 milligrams per dry standard cubic meter (mg/dscm) (0.015 
grains per dry standard cubic foot [gr/dscf]).
    (b) Existing open submerged arc furnaces. No owner or operator shall 
cause to be discharged into the atmosphere from any existing open 
submerged arc furnace exhaust gases (including primary and tapping) 
containing particulate matter in excess of one of the following:
    (1) 9.8 kilograms per hour (kg/hr) (21.7 pounds per hour (lb/hr)) 
when producing ferromanganese in an open furnace operating at a furnace 
power input of 22 MW or less; or
    (2) 13.5 kg/hr (29.8 lb/hr) when producing ferromanganese in an open 
furnace operating at a furnace power input greater than 22 MW; or
    (3) 16.3 kg/hr (35.9 lb/hr) when producing silicomanganese in an 
open furnace operating at a furnace power input greater than 25 MW; or
    (4) 12.3 kg/hr (27.2 lb/hr) when producing silicomanganese in an 
open furnace operating at a furnace power input of 25 MW or less.
    (c) Existing semi-sealed submerged arc furnaces. No owner or 
operator shall cause to be discharged into the atmosphere from any 
existing semi-sealed submerged arc furnace exhaust gases (including 
primary, tapping, and vent stacks) containing particulate matter in 
excess of 11.2 kg/hr (24.7 lb/hr) when producing ferromanganese.
    (d) MOR process. No owner or operator shall cause to be discharged 
into the atmosphere from any new, reconstructed, or existing MOR process 
exhaust gases containing particulate matter in excess of 69 mg/dscm 
(0.03 gr/dscf).
    (e) Crushing and screening equipment--(1) New and reconstructed 
equipment. No owner or operator shall cause to be discharged into the 
atmosphere from any new or reconstructed piece of equipment associated 
with crushing and screening exhaust gases containing particulate matter 
in excess of 50 mg/dscm (0.022 gr/dscf).
    (2) Existing equipment. No owner or operator shall cause to be 
discharged into the atmosphere from any existing piece of equipment 
associated with crushing and screening exhaust gases containing 
particulate matter in excess of 69 (mg/dscm) (0.03 gr/dscf).
    (f) At all times, you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. Determination of whether 
such operation and maintenance procedures are being used will be based 
on information available to the Administrator 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.

[64 FR 27458, May 20, 1999, as amended at 66 FR 16013, Mar. 22, 2001; 80 
FR 37399, June 30, 2015]



Sec. 63.1653  Opacity standards.

    No owner or operator shall cause emissions exiting from a shop due 
solely to operations of any affected submerged arc furnace, to exceed 20 
percent opacity for more than one 6-minute period during any performance 
test, with the following exceptions:
    (a) Visible particulate emissions from a shop due solely to 
operation of a semi-closed submerged arc furnace, may exceed 20 percent 
opacity, measured as a 6-minute average, one time during any performance 
test, so long as the emissions never exceed 60 percent opacity, measured 
as a 6-minute average.
    (b) Blowing taps, poling and oxygen lancing of the tap hole; 
burndowns associated with electrode measurements; and maintenance 
activities associated with submerged arc furnaces and casting operations 
are exempt from the opacity standards specified in this section.

[[Page 251]]



Sec. 63.1654  Operational and work practice standards.

    (a) Fugitive dust sources. (1) Each owner or operator of an affected 
ferromanganese and silicomanganese production facility must prepare, and 
at all times operate according to, a fugitive dust control plan that 
describes in detail the measures that will be put in place to control 
fugitive dust emissions from the individual fugitive dust sources at the 
facility.
    (2) The owner or operator must submit a copy of the fugitive dust 
control plan to the designated permitting authority on or before the 
applicable compliance date for the affected source as specified in Sec. 
63.1650(e). The requirement for the owner or operator to operate the 
facility according to a written fugitive dust control plan must be 
incorporated in the operating permit for the facility that is issued by 
the designated permitting authority under part 70 of this chapter.
    (3) The owner or operator may use existing manuals that describe the 
measures in place to control fugitive dust sources required as part of a 
State implementation plan or other federally enforceable requirement for 
particulate matter to satisfy the requirements of paragraph (a)(1) of 
this section.
    (b) Baghouses equipped with bag leak detection systems. The owner or 
operator of a new or reconstructed submerged arc furnace must install 
and continuously operate a bag leak detection system if the furnace's 
primary and/or tapping emissions are ducted to a negative pressure 
baghouse or to a positive pressure baghouse equipped with a stack. The 
owner or operator must maintain and operate each baghouse such that the 
following conditions are met:
    (1) The alarm on the system does not sound for more than 5 percent 
of the total operating time in a 6-month reporting period.
    (2) A record is made of the date and time of each alarm and 
procedures to determine the cause of the alarm are initiated within 1 
hour of the alarm according to the plan for corrective action required 
under Sec. 63.1657(a)(7).



Sec. 63.1655  Maintenance requirements.

    (a) The owner or operator of an affected source must comply with the 
requirements of Sec. 63.6(e) of subpart A.
    (b)(1) The owner or operator must develop and implement a written 
maintenance plan for each air pollution control device associated with 
submerged arc furnaces, metal oxygen refining processes, and crushing 
and screening operations subject to the provisions of this part. The 
owner or operator must keep the maintenance plan on record and available 
for the Administrator's inspection for the life of the air pollution 
control device or until the affected source is no longer subject to the 
provisions of this part.
    (2) To satisfy the requirement to develop maintenance plans, the 
owner or operator may use the affected source's standard operating 
procedures (SOP) manual or other plan, provided the alternative plan 
meets the requirements of this paragraph and is made available for 
inspection when requested by the Administrator.
    (c) The procedures specified in the maintenance plan must include a 
preventive maintenance schedule that is consistent with good air 
pollution control practices for minimizing emissions and, for baghouses, 
ensure that the requirements specified in Sec. 63.1657(a) are met.
    (d) The owner or operator must perform monthly inspections of the 
equipment that is important to the performance of the furnace capture 
system. This inspection must include an examination of the physical 
condition of the equipment, suitable for detecting holes in ductwork or 
hoods, flow constrictions in ductwork due to dents or accumulated dust, 
and operational status of flow rate controllers (pressure sensors, 
dampers, damper switches, etc.). Any deficiencies must be recorded and 
proper maintenance and repairs performed.



Sec. 63.1656  Performance testing, test methods, and compliance demonstrations.

    (a) Performance testing. (1) All performance tests must be conducted 
according to the requirements in Sec. 63.7 of subpart A.

[[Page 252]]

    (2) Each performance test must consist of three separate and 
complete runs using the applicable test methods.
    (3) Each run must be conducted under conditions that are 
representative of normal process operations.
    (4) Performance tests conducted on air pollution control devices 
serving submerged arc furnaces must be conducted such that at least one 
tapping period, or at least 20 minutes of a tapping period, whichever is 
less, is included in at least two of the three runs. The sampling time 
for each run must be at least as long as three times the average tapping 
period of the tested furnace, but no less than 60 minutes.
    (5) The sample volume for each run must be at least 0.9 dscm (30 
dscf).
    (6) You must conduct the performance tests specified in paragraph 
(c) of this section under such conditions as the Administrator specifies 
based on representative performance of the affected source for the 
period being tested. Upon request, you must make available to the 
Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (b) Test methods. The following test methods in appendix A of part 
60 of this chapter must be used to determine compliance with the 
emission standards.
    (1) Method 1 to select the sampling port location and the number of 
traverse points.
    (2) Method 2 to determine the volumetric flow rate of the stack gas.
    (3) Method 3 to determine the dry molecular weight of the stack gas.
    (4) Method 4 to determine the moisture content of the stack gas.
    (5) Method 5 to determine the particulate matter concentration of 
the stack gas for negative pressure baghouses and positive pressure 
baghouses with stacks.
    (6) Method 5D to determine particulate matter concentration and 
volumetric flow rate of the stack gas for positive pressure baghouses 
without stacks.
    (7) Method 9 of appendix A-4 of 40 CFR part 60 to determine opacity. 
ASTM D7520-16, ``Standard Test Method for Determining the Opacity of a 
Plume in the Outdoor Ambient Atmosphere'' may be used (incorporated by 
reference, see Sec. 63.14) with the following conditions:
    (i) During the digital camera opacity technique (DCOT) certification 
procedure outlined in Section 9.2 of ASTM D7520-16, 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.
    (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 (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.
    (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 and 
these requirements is on the facility, DCOT operator and DCOT vendor.
    (8) The owner or operator may use equivalent alternative measurement 
methods approved by the Administrator following the procedures described 
in Sec. 63.7(f) of subpart A.
    (c) Compliance demonstration with the emission standards. (1) The 
owner or operator must conduct an initial performance test for air 
pollution control devices or vent stacks subject to Sec. 63.1652(a) 
through (e) to demonstrate

[[Page 253]]

compliance with the applicable emission standards.
    (2) The owner or operator must conduct annual performance tests for 
the air pollution control devices and vent stacks associated with the 
submerged arc furnaces, with the exception of any air pollution control 
devices that serve tapping emissions combined with non-furnace 
emissions, such as the MOR process or equipment associated with crushing 
and screening. Also excluded are air pollution control devices that 
serve dedicated non-furnace emissions, such as the MOR process or 
equipment associated with crushing and screening. The results of these 
annual tests will be used to demonstrate compliance with the emission 
standards in Sec. 63.1652(a) through (e), as applicable.
    (3) Following development, and approval, if required, of the site-
specific test plan, the owner or operator must conduct a performance 
test for each air pollution control device or vent stack to measure 
particulate matter and determine compliance with the applicable 
standard.
    (i) An owner or operator of sources subject to the particulate 
matter concentration standards in Sec. 63.1652(a)(2), (d), or (e), must 
determine compliance as follows:
    (A) Determine the particulate matter concentration using Method 5 or 
5D, as applicable.
    (B) Compliance is demonstrated if the average concentration for the 
three runs comprising the performance test does not exceed the standard.
    (ii) An owner or operator of sources subject to the particulate mass 
rate standards in Sec. 63.1652(b) or (c) must determine compliance as 
follows:
    (A) Determine the particulate matter concentration and volumetric 
flow rate using Method 5 or 5D, as applicable.
    (B) Compute the mass rate (EM) of particulate matter for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR20MY99.000

Where:

EM = mass rate of particulate matter, kg/hr (lb/hr).
N = total number of exhaust streams at which emissions are quantified.
Csi = concentration of particulate matter from exhaust stream 
          ``i'', mg/dscm (gr/dscf).
Qsdi = volumetric flow rate of effluent gas from exhaust 
          stream ``i'', dscm/hr (dscf/hr)
K = conversion factor, 1 x 10\6\ mg/kg (7,000 gr/lb).

    (C) Compliance is demonstrated if the average of the mass rates for 
the three runs comprising the performance test does not exceed the 
standard.
    (iii) An owner or operator of sources subject to the particulate 
matter process-weighted rate standard in Sec. 63.1652(a)(1) must 
determine compliance as follows:
    (A) Determine particulate matter concentration and volumetric flow 
rate using Method 5 or 5D, as applicable.
    (B) Compute the process-weighted mass rate (EP) of 
particulate matter for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR20MY99.001

Where:

EP = process-weighted mass rate of particulate matter, kg/hr/
          MW (lb/hr/MW).
N = total number of exhaust streams at which emissions are quantified.
Csi = concentration of particulate matter from exhaust stream 
          ``i'', mg/dscm (gr/dscf)
Qsdi = volumetric flow rate of effluent gas from exhaust 
          stream ``i'', dscm/hr (dscf/hr)
P = Average furnace power input, MW
K = conversion factor, 1 x 10\6\ mg/kg (7,000 gr/lb).

    (C) Compliance is demonstrated if the average process-weighted mass 
rate for the three runs comprising the performance test does not exceed 
the standard.
    (4) If a venturi scrubber is used to comply with the emission 
standards, the owner or operator must establish as a site-specific 
operating parameter the lowest average pressure drop on any individual 
complying run in the three runs constituting any compliant test. The 
pressure drop must be monitored at least every 5 minutes during the test 
and hourly averages recorded.
    (i) [Reserved]

[[Page 254]]

    (ii) The owner or operator may augment the data obtained under 
paragraph (a)(4) of this section by conducting multiple performance 
tests to establish a range of compliant operating parameter values. The 
lowest value of this range would be selected as the operating parameter 
monitoring value. The use of historic compliance data may be used to 
establish the compliant operating parameter value if the previous values 
were recorded during performance tests using the same test methods 
specified in this subpart and established as required in paragraph 
(a)(4) of this section.
    (d) Compliance demonstration with opacity standards. (1)(i) The 
owner or operator subject to Sec. 63.1653 must conduct initial opacity 
observations of the shop building to demonstrate compliance with the 
applicable opacity standards according to Sec. 63.6(h)(5), which 
addresses the conduct of opacity or visible emission observations.
    (ii) In conducting the opacity observations of the shop building, 
the observer must limit his or her field of view to the area of the shop 
building roof monitor that corresponds to the placement of the affected 
submerged arc furnaces.
    (iii) The owner or operator must conduct the opacity observations 
according to EPA Method 9 of 40 CFR part 60, appendix A, for a minimum 
of 60 minutes.
    (2)(i) When demonstrating initial compliance with the shop building 
opacity standard, as required by paragraph (d)(1) of this section, the 
owner or operator must simultaneously establish parameter values for one 
of the following: the control system fan motor amperes and all capture 
system damper positions, the total volumetric flow rate to the air 
pollution control device and all capture system damper positions, or 
volumetric flow rate through each separately ducted hood that comprises 
the capture system.
    (ii) The owner or operator may petition the Administrator to 
reestablish these parameters whenever he or she can demonstrate to the 
Administrator's satisfaction that the submerged arc furnace operating 
conditions upon which the parameters were previously established are no 
longer applicable. The values of these parameters determined during the 
most recent demonstration of compliance must be maintained at the 
appropriate level for each applicable period.
    (3) The owner or operator must demonstrate continuing compliance 
with the opacity standards by following the monitoring requirements 
specified in Sec. 63.1657(c) and the reporting and recordkeeping 
requirements specified in Sec. Sec. 63.1659(b)(4) and 63.1660(b).
    (e) Compliance demonstration with the operational and work practice 
standards--(1) Fugitive dust sources. Failure to have a fugitive dust 
control plan or failure to report deviations from the plan and take 
necessary corrective action would be a violation of the general duty to 
ensure that fugitive dust sources are operated and maintained in a 
manner consistent with good air pollution control practices for 
minimizing emissions per Sec. 63.1652(f).
    (2) Baghouses equipped with bag leak detection systems. The owner or 
operator demonstrates compliance with the bag leak detection system 
requirements by submitting reports as required by Sec. 63.1659(b)(5) 
showing that the alarm on the system does not sound for more than 5 
percent of the total operating time in a 6-month period. Calculate the 
percentage of total operating time the alarm on the bag leak detection 
system sounds as follows:
    (i) Do not include alarms that occur due solely to a malfunction of 
the bag leak detection system in the calculation.
    (ii) [Reserved]
    (iii) Count 1 hour of alarm time for each alarm where the owner or 
operator initiates procedures to determine the cause within 1 hour of 
the alarm.
    (iv) Count the actual time it takes the owner or operator to 
initiate procedures to determine the cause of the alarm for each alarm 
where the owner or operator does not initiate procedures to determine 
the cause within 1 hour of the alarm.
    (v) Calculate the percentage of time the alarm on the bag leak 
detection system sounds as the ratio of the sum

[[Page 255]]

of alarm times to the total operating time multiplied by 100.

[64 FR 27458, May 20, 1999, as amended at 71 FR 20462, Apr. 20, 2006; 80 
FR 37399, June 30, 2015; 82 FR 5409, Jan. 18, 2017]



Sec. 63.1657  Monitoring requirements.

    (a) Baghouses. (1) For the baghouses serving the submerged arc 
furnaces, the metal oxygen refining process, and crushing and screening 
operations, the owner or operator must observe on a daily basis for the 
presence of any visible emissions.
    (2) In addition to the daily visible emissions observation, the 
owner or operator must conduct the following activities:
    (i) Daily monitoring of pressure drop across each baghouse cell, or 
across the baghouse if it is not possible to monitor each cell 
individually, to ensure the pressure drop is within the normal operating 
range identified in the baghouse maintenance plan.
    (ii) Weekly confirmation that dust is being removed from hoppers 
through visual inspection, or equivalent means of ensuring the proper 
functioning of removal mechanisms.
    (iii) Daily check of compressed air supply for pulse-jet baghouses.
    (iv) An appropriate methodology for monitoring cleaning cycles to 
ensure proper operation.
    (v) Monthly check of bag cleaning mechanisms for proper functioning 
through visual inspection or equivalent means.
    (vi) Quarterly visual check of bag tension on reverse air and 
shaker-type baghouses to ensure that the bags are not kinked (kneed or 
bent) or laying on their sides. Such checks are not required for shaker-
type baghouses using self-tensioning (spring loaded) devices.
    (vii) Quarterly confirmation of the physical integrity of the 
baghouse structure through visual inspection of the baghouse interior 
for air leaks.
    (viii) Semiannual inspection of fans for wear, material buildup, and 
corrosion through visual inspection, vibration detectors, or equivalent 
means.
    (3) In addition to meeting the requirements of paragraphs (a)(1) and 
(a)(2) of this section, the owner or operator of a new or reconstructed 
submerged arc furnace must install and continuously operate a bag leak 
detection system if the furnace primary and/or tapping emissions are 
ducted to a negative pressure baghouse or to a positive pressure 
baghouse equipped with a stack. The bag leak detection system must meet 
the following requirements:
    (i) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter (0.0044 grains 
per actual cubic foot) or less.
    (ii) The bag leak detection system sensor must provide output of 
relative particulate matter loadings, and the owner or operator must 
continuously record the output from the bag leak detection system.
    (iii) The bag leak detection system must be equipped with an alarm 
system that will sound when an increase in relative particulate loadings 
is detected over a preset level. The alarm must be located where it can 
be heard by the appropriate plant personnel.
    (iv) Each bag leak detection system that works based on the 
triboelectric effect must be installed, calibrated, operated, and 
maintained consistent with the U.S. Environmental Protection Agency 
guidance document ``Fabric Filter Bag Leak Detection Guidance'' (EPA-
454/R-98-015). Other bag leak detection systems must be installed, 
calibrated, and maintained consistent with the manufacturer's written 
specifications and recommendations.
    (v) The initial adjustment of the system must, at a minimum, consist 
of establishing the baseline output by adjusting the sensitivity (range) 
and the averaging period of the device, and establishing the alarm set 
points and the alarm delay time.
    (vi) Following initial adjustment, the owner or operator must not 
adjust the sensitivity or range, averaging period, alarm set points, or 
alarm delay time, except as detailed in the maintenance plan required 
under Sec. 63.1655(b). In no event must the sensitivity be increased by 
more than 100 percent or decreased more than 50 percent over a 365-day 
period unless a responsible official certifies the baghouse has been 
inspected

[[Page 256]]

and found to be in good operating condition.
    (vii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (4) As part of the maintenance plan required by Sec. 63.1655(b), 
the owner or operator must develop and implement corrective action 
procedures to be followed in the case of a bag leak detection system 
alarm (for baghouses equipped with such a system), the observation of 
visible emissions from the baghouse, or the indication through the 
periodic baghouse system inspections that the system is not operating 
properly. The owner or operator must initiate corrective action as soon 
as practicable after the occurrence of the observation or event 
indicating a problem.
    (5) The corrective action plan must include procedures used to 
determine the cause of an alarm or other indications of problems as well 
as actions to minimize emissions. These actions may include the 
following:
    (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 matter 
emissions.
    (6) Failure to monitor or failure to take corrective action under 
the requirements of paragraph (a) of this section would be a violation 
of the general duty to operate in a manner consistent with good air 
pollution control practices that minimizes emissions per Sec. 
63.1652(f).
    (b) Venturi scrubbers. (1) The owner or operator must monitor the 
pressure drop across the venturi at least every 5 minutes and record the 
average hourly pressure drop. Measurement of an average hourly pressure 
drop less than the pressure drop operating parameter limit established 
during a successful compliance demonstration would be a violation of the 
applicable emission standard, unless the excursion in the pressure drop 
is due to a malfunction.
    (2) As part of the maintenance plan required by Sec. 63.1655(b), 
the owner or operator must develop and implement corrective action 
procedures to be followed in the case of a violation of the pressure 
drop requirement. The owner or operator must initiate corrective action 
as soon as practicable after the excursion.
    (3) Failure to monitor or failure to take corrective action under 
the requirements of paragraph (b) of this section would be a violation 
of the general duty to operate in a manner consistent with good air 
pollution control practices that minimizes emissions per Sec. 
63.1652(f).
    (c) Shop opacity. The owner or operator subject to the opacity 
standards in Sec. 63.1653 must comply with one of the monitoring 
options in paragraphs (c)(1), (c)(2) or (c)(3) of this section. The 
selected option must be consistent with that selected during the initial 
performance test described in Sec. 63.1656(d)(2). Alternatively, the 
owner or operator may use the provisions of Sec. 63.8(f) to request 
approval to use an alternative monitoring method.
    (1) The owner or operator must check and record the control system 
fan motor amperes and capture system damper positions once per shift.
    (2) The owner or operator must install, calibrate, and maintain a 
monitoring device that continuously records the volumetric flow rate 
through each separately ducted hood.
    (3) The owner or operator must install, calibrate, and maintain a 
monitoring device that continuously records the volumetric flow rate at 
the inlet of the air pollution control device and must check and record 
the capture system damper positions once per shift.
    (4) The flow rate monitoring devices must meet the following 
requirements:
    (i) Be installed in an appropriate location in the exhaust duct such 
that reproducible flow rate monitoring will result.
    (ii) Have an accuracy 10 percent over its 
normal operating range and be

[[Page 257]]

calibrated according to the manufacturer's instructions.
    (5) The Administrator may require the owner or operator to 
demonstrate the accuracy of the monitoring device(s) relative to Methods 
1 and 2 of appendix A of part 60 of this chapter.
    (6) Failure to maintain the appropriate capture system parameters 
(fan motor amperes, flow rate, and/or damper positions) establishes the 
need to initiate corrective action as soon as practicable after the 
monitoring excursion in order to minimize excess emissions.
    (7) Failure to monitor or failure to take corrective action under 
the requirements of paragraph (c) of this section would be a violation 
of the general duty to operate in a manner consistent with good air 
pollution control practices that minimizes emissions per Sec. 
63.1652(f).

[64 FR 27458, May 20, 1999, as amended at 80 FR 37399, June 30, 2015]



Sec. 63.1658  Notification requirements.

    (a) As required by Sec. 63.9(b) of subpart A, unless otherwise 
specified in this subpart, the owner or operator must submit the 
following written notifications to the Administrator:
    (1) The owner or operator of an area source that subsequently 
becomes subject to the requirements of the standard must provide 
notification to the applicable permitting authority as required by Sec. 
63.9(b)(1).
    (2) As required by Sec. 63.9(b)(2), the owner or operator of an 
affected source that has an initial startup before the effective date of 
the standard must notify the Administrator that the source is subject to 
the requirements of the standard. The notification must be submitted no 
later than 120 calendar days after May 20, 1999 (or within 120 calendar 
days after the source becomes subject to this standard) and must contain 
the information specified in Sec. 63.9(b)(2)(i) through (b)(2)(v).
    (3) As required by Sec. 63.9(b)(3), the owner or operator of a new 
or reconstructed affected source, or a source that has been 
reconstructed such that it is an affected source, that has an initial 
startup after the effective date and for which an application for 
approval of construction or reconstruction is not required under Sec. 
63.5(d), must notify the Administrator in writing that the source is 
subject to the standards no later than 120 days after initial startup. 
The notification must contain the information specified in Sec. 
63.9(b)(2)(i) through (b)(2)(v), delivered or postmarked with the 
notification required in Sec. 63.9(b)(5).
    (4) As required by Sec. 63.9(b)(4), the owner or operator of a new 
or reconstructed major affected source that has an initial startup after 
the effective date of this standard and for which an application for 
approval of construction or reconstruction is required under Sec. 
63.5(d) must provide the information specified in Sec. 63.9(b)(4)(i) 
through (b)(4)(v).
    (5) As required by Sec. 63.9(b)(5), the owner or operator who, 
after the effective date of this standard, intends to construct a new 
affected source or reconstruct an affected source subject to this 
standard, or reconstruct a source such that it becomes an affected 
source subject to this standard, must notify the Administrator, in 
writing, of the intended construction or reconstruction.
    (b) Request for extension of compliance. As required by Sec. 
63.9(c), if the owner or operator of an affected source cannot comply 
with this standard by the applicable compliance date for that source, or 
if the owner or operator has installed BACT or technology to meet LAER 
consistent with Sec. 63.6(i)(5), he or she may submit to the 
Administrator (or the State with an approved permit program) a request 
for an extension of compliance as specified in Sec. 63.6(i)(4) through 
(i)(6).
    (c) Notification that source is subject to special compliance 
requirements. As required by Sec. 63.9(d), an owner or operator of a 
new source that is subject to special compliance requirements as 
specified in Sec. 63.6(b)(3) and (b)(4) must notify the Administrator 
of his or her compliance obligations no later than the notification 
dates established in Sec. 63.9(b) for new sources that are not subject 
to the special provisions.
    (d) Notification of performance test. As required by Sec. 63.9(e), 
the owner or operator of an affected source must notify the 
Administrator in writing of his or her intention to conduct a 
performance

[[Page 258]]

test at least 30 calendar days before the performance test is scheduled 
to begin to allow the Administrator to review and approve the site-
specific test plan required under Sec. 63.7(c) and to have an observer 
present during the test.
    (e) Notification of opacity and visible emission observations. As 
required by Sec. 63.9(f), the owner or operator of an affected source 
must notify the Administrator in writing of the anticipated date for 
conducting the opacity or visible emission observations specified in 
Sec. 63.6(h)(5). The notification must be submitted with the 
notification of the performance test date, as specified in paragraph (d) 
of this section, or if visibility or other conditions prevent the 
opacity or visible emission observations from being conducted 
concurrently with the initial performance test required under Sec. 
63.7, the owner or operator must deliver or postmark the notification 
not less than 30 days before the opacity or visible emission 
observations are scheduled to take place.
    (f) Notification of compliance status. The owner or operator of an 
affected source must submit a notification of compliance status as 
required by Sec. 63.9(h). The notification must be sent before the 
close of business on the 60th day following completion of the relevant 
compliance demonstration.



Sec. 63.1659  Reporting requirements.

    (a) General reporting requirements. The owner or operator of a 
ferromanganese and silicomanganese production facility must comply with 
all of the reporting requirements under Sec. 63.10 of subpart A, unless 
otherwise specified in this subpart.
    (1) Frequency of reports. As provided by Sec. 63.10(a)(5), if the 
owner or operator is required to submit periodic reports to a State on 
an established time line, he or she may change the dates by which 
periodic reports submitted under this part may be submitted (without 
changing the frequency of reporting) to be consistent with the State's 
schedule by mutual agreement between the owner or operator and the 
State. This provision may be applied at any point after the source's 
compliance date.
    (2) Reporting results of performance tests. As required by Sec. 
63.10(d)(2), the owner or operator of an affected source must report the 
results of the initial performance test as part of the notification of 
compliance status required in Sec. 63.1658(f).
    (3) [Reserved]
    (4) Reporting malfunctions. 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 an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec. 63.1652(f), including actions taken to correct a malfunction.
    (b) Specific reporting requirements. In addition to the information 
required under Sec. 63.10, reports required under paragraph (a) of this 
section must include the information specified in paragraphs (b)(1) 
through (b)(5) of this section. As allowed by Sec. 63.10(a)(3), if any 
State requires a report that contains all of the information required in 
a report listed in this section, an owner or operator may send the 
Administrator a copy of the report sent to the State to satisfy the 
requirements of this section for that report.
    (1) Air pollution control devices. The owner or operator must submit 
reports that summarize the records maintained as part of the practices 
described in the maintenance plan for air pollution control devices 
required under Sec. 63.1655(b), including an explanation of the periods 
when the procedures were not followed and the corrective actions taken.
    (2) Venturi scrubbers. In addition to the information required to be 
submitted in paragraph (b)(1) of this section, the owner or operator 
must submit reports that identify the periods when the average hourly 
pressure drop of venturi scrubbers used to control particulate emissions 
dropped below the levels established in Sec. 63.1656(c)(4), and an 
explanation of the corrective actions taken.
    (3) Fugitive dust. The owner or operator must submit reports that 
explain the periods when the procedures outlined in the fugitive dust 
control plan

[[Page 259]]

pursuant to Sec. 63.1654(a) were not followed and the corrective 
actions taken.
    (4) Capture system. The owner or operator must submit reports that 
summarize the monitoring parameter excursions measured pursuant to Sec. 
63.1657(c) and the corrective actions taken.
    (5) Bag leak detection system. The owner or operator must submit 
reports including the following information:
    (i) Records of all alarms.
    (ii) Description of the actions taken following each bag leak 
detection system alarm.
    (iii) Calculation of the percent of time the alarm on the bag leak 
detection system sounded during the reporting period.
    (6) Frequency of reports. (i) The owner or operator must submit 
reports pursuant to Sec. 63.10(e)(3) that are associated with excess 
emissions events such as the excursion of the scrubber pressure drop 
limit per paragraph (b)(2) of this section. These reports are to be 
submitted on a quarterly basis, unless the owner or operator can satisfy 
the requirements in Sec. 63.10(e)(3) to reduce the frequency to a 
semiannual basis.
    (ii) All other reports specified in paragraphs (b)(1) through (b)(5) 
of this section must be submitted semiannually.

[64 FR 27458, May 20, 1999, as amended at 80 FR 37399, June 30, 2015]



Sec. 63.1660  Recordkeeping requirements.

    (a) General recordkeeping requirements. (1) The owner or operator of 
a ferromanganese and silicomanganese production facility must comply 
with all of the recordkeeping requirements under Sec. 63.10.
    (2) As required by Sec. 63.10(b)(2), the owner or operator must 
maintain records for 5 years from the date of each record of:
    (i) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control 
equipment and monitoring equipment;
    (ii) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. 63.1652(f), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation;
    (iii) All maintenance performed on the air pollution control 
equipment;
    (iv)-(v) [Reserved]
    (vi) All required measurements needed to demonstrate compliance with 
the standard and to support data that the source is required to report, 
including, but not limited to, performance test measurements (including 
initial and any subsequent performance tests) and measurements as may be 
necessary to determine the conditions of the initial test or subsequent 
tests;
    (vii) All results of initial or subsequent performance tests;
    (viii) If the owner or operator has been granted a waiver from 
recordkeeping or reporting requirements under Sec. 63.10(f), any 
information demonstrating whether a source is meeting the requirements 
for a waiver of recordkeeping or reporting requirements;
    (ix) If the owner or operator has been granted a waiver from the 
initial performance test under Sec. 63.7(h), a copy of the full request 
and the Administrator's approval or disapproval;
    (x) All documentation supporting initial notifications and 
notifications of compliance status required by Sec. 63.9; and
    (xi) As required by Sec. 63.10(b)(3), records of any applicability 
determination, including supporting analyses.
    (b) Specific recordkeeping requirements. (1) In addition to the 
general records required by paragraph (a) of this section, the owner or 
operator must maintain records for 5 years from the date of each record 
of:
    (i) Records of pressure drop across the venturi if a venturi 
scrubber is used.
    (ii) Records of manufacturer certification that monitoring devices 
are accurate to within 5 percent (unless otherwise specified in this 
subpart) and of calibrations performed at the manufacturer's recommended 
frequency, or at a frequency consistent with good engineering practice, 
or as experience dictates.
    (iii) Records of bag leak detection system output.
    (iv) An identification of the date and time of all bag leak 
detection system

[[Page 260]]

alarms, the time that procedures to determine the cause of the alarm 
were initiated, the cause of the alarm, an explanation of the actions 
taken, and the date and time the alarm was corrected.
    (v) Copy of the written maintenance plan for each air pollution 
control device.
    (vi) Copy of the fugitive dust control plan.
    (vii) Records of each maintenance inspection and repair, 
replacement, or other corrective action.
    (2) All records for the most recent 2 years of operation must be 
maintained on site. Records for the previous 3 years may be maintained 
off site.

[64 FR 27458, May 20, 1999, as amended at 80 FR 37400, June 30, 2015]



Sec. 63.1661  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to requirements in Sec. Sec. 63.1650 
and 63.1652 through 63.1654.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37360, June 23, 2003]



Sec. Sec. 63.1662-63.1679  [Reserved]



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

------------------------------------------------------------------------
                                    Applies to
           Reference               subpart XXX            Comment
------------------------------------------------------------------------
Sec. 63.1...................  Yes..............
Sec. 63.2...................  Yes..............
Sec. 63.3...................  Yes..............
Sec. 63.4...................  Yes..............
Sec. 63.5...................  Yes..............
Sec. 63.6(a), (b), (c)......  Yes..............
Sec. 63.6(d)................  No...............  Section reserved.
Sec. 63.6(e)(1)(i)..........  No...............  See Sec. Sec.
                                                    63.1623(g) and
                                                    63.1652(f) for
                                                    general duty
                                                    requirement.
Sec. 63.6(e)(1)(ii).........  No...............
Sec. 63.6(e)(1)(iii)........  Yes..............
Sec. 63.6(e)(2).............  No...............  Section reserved.
Sec. 63.6(e)(3).............  No...............
Sec. 63.6(f)(1).............  No...............
Sec. 63.6(f)(2)-(3).........  Yes..............
Sec. 63.6(g)................  Yes..............
Sec. 63.6(h)(1).............  No...............
Sec. 63.6(h)(2)-(9).........  Yes..............
Sec. 63.6(i)................  Yes..............
Sec. 63.6(j)................  Yes..............
Sec. 63.7(a)-(d)............  Yes..............
Sec. 63.7(e)(1).............  No...............  See Sec. Sec.
                                                    63.1625(a)(5) and
                                                    63.1656(a)(6).
Sec. 63.7(e)(2)-(4).........  Yes..............
Sec. 63.7(f), (g), (h)......  Yes..............
Sec. 63.8(a)-(b)............  Yes..............

[[Page 261]]

 
Sec. 63.8(c)(1)(i)..........  No...............  See Sec. Sec.
                                                    63.1623(g) and
                                                    63.1652(f) for
                                                    general duty
                                                    requirement.
Sec. 63.8(c)(1)(ii).........  Yes..............
Sec. 63.8(c)(1)(iii)........  No...............
Sec. 63.8(c)(2)-(d)(2)......  Yes..............
Sec. 63.8(d)(3).............  Yes, except for    SSM plans are not
                                 last sentence.     required.
Sec. 63.8(e)-(g)............  Yes..............
Sec. Yes..............
 63.9(a),(b),(c),(e),(g),(h)(1
 ) through (3), (h)(5) and
 (6), (i) and (j).
Sec. 63.9(f)................  Yes..............
Sec. 63.9(h)(4).............  No...............  Section reserved.
Sec. 63.9(k)................  Yes..............  Only as specified in
                                                    Sec. 63.9(j).
Sec. 63.10(a)...............  Yes..............
Sec. 63.10(b)(1)............  Yes..............
Sec. 63.10(b)(2)(i).........  No...............
Sec. 63.10(b)(2)(ii)........  No...............  See Sec. Sec.
                                                    63.1628 and 63.1660
                                                    for recordkeeping of
                                                    (1) occurrence and
                                                    duration and (2)
                                                    actions taken during
                                                    malfunction.
Sec. 63.10(b)(2)(iii).......  Yes..............
Sec. 63.10(b)(2)(iv)-(v)....  No...............
Sec. 63.10(b)(2)(vi)-(xiv)..  Yes..............
Sec. 63.10)(b)(3)...........  Yes..............
Sec. 63.10(c)(1)-(9)........  Yes..............
Sec. 63.10(c)(10)-(11)......  No...............  See Sec. Sec.
                                                    63.1628 and 63.1660
                                                    for malfunction
                                                    recordkeeping
                                                    requirements.
Sec. 63.10(c)(12)-(14)......  Yes..............
Sec. 63.10(c)(15)...........  No...............
Sec. 63.10(d)(1)-(4)........  Yes..............
Sec. 63.10(d)(5)............  No...............  See Sec. Sec.
                                                    63.1628(d)(8) and
                                                    63.1659(a)(4) for
                                                    malfunction
                                                    reporting
                                                    requirements.
Sec. 63.10(e)-(f)...........  Yes..............
Sec. 63.11..................  No...............  Flares will not be
                                                    used to comply with
                                                    the emission limits.
Sec. Sec. 63.12-63.15......  Yes..............
------------------------------------------------------------------------


[80 FR 37400, June 30, 2015, as amended at 85 FR 73902, Nov. 19, 2020]



 Subpart AAAA_National Emission Standards for Hazardous Air Pollutants: 
                     Municipal Solid Waste Landfills

    Source: 85 FR 17261, Mar. 26, 2020, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.1930  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants for existing and new municipal solid waste (MSW) 
landfills.
    (a) Before September 28, 2021, all landfills described in Sec. 
63.1935 must meet the requirements of 40 CFR part 60, subpart WWW, or an 
approved state or federal plan that implements 40 CFR part 60, subpart 
Cc, and requires timely control of bioreactors and additional reporting 
requirements. Landfills must also meet the startup, shutdown, and 
malfunction (SSM) requirements of the general provisions as specified in 
Table 1 to subpart AAAA of this part and must demonstrate compliance 
with the operating conditions by parameter monitoring results that are 
within the specified ranges. Specifically, landfills must meet the 
following requirements of this subpart that apply before September 28, 
2021, as set out in: Sec. Sec. 63.1955(a), 63.1955(b), 63.1965(a), 
63.1965(c), 63.1975, 63.1981(a), 63.1981(b), and 63.1982, and the 
definitions of ``Controlled landfill'' and ``Deviation'' in Sec. 
63.1990.
    (b) Beginning no later than September 27, 2021, all landfills 
described in Sec. 63.1935 must meet the requirements of this subpart. A 
landfill may choose to meet the requirements of this subpart rather than 
the requirements identified in Sec. 63.1930(a) at any time before 
September 27, 2021. The requirements of this subpart apply at all times, 
including during periods of SSM, and the SSM requirements of the

[[Page 262]]

General Provisions of this part do not apply.



Sec. 63.1935  Am I subject to this subpart?

    You are subject to this subpart if you meet the criteria in 
paragraph (a) or (b) of this section.
    (a) You are subject to this subpart if you own or operate an MSW 
landfill that has accepted waste since November 8, 1987, or has 
additional capacity for waste deposition and meets any one of the three 
criteria in paragraphs (a)(1) through (3) of this section:
    (1) Your MSW landfill is a major source as defined in Sec. 63.2 of 
subpart A.
    (2) Your MSW landfill is collocated with a major source as defined 
in Sec. 63.2 of subpart A.
    (3) Your MSW landfill is an area source landfill that has a design 
capacity equal to or greater than 2.5 million megagrams (Mg) and 2.5 
million cubic meters (m\3\) and has estimated uncontrolled emissions 
equal to or greater than 50 megagrams per year (Mg/yr) NMOC as 
calculated according to Sec. 63.1959.
    (b) You are subject to this subpart if you own or operate an MSW 
landfill that has accepted waste since November 8, 1987, or has 
additional capacity for waste deposition, that includes a bioreactor, as 
defined in Sec. 63.1990, and that meets any one of the criteria in 
paragraphs (b)(1) through (3) of this section:
    (1) Your MSW landfill is a major source as defined in Sec. 63.2 of 
subpart A.
    (2) Your MSW landfill is collocated with a major source as defined 
in Sec. 63.2 of subpart A.
    (3) Your MSW landfill is an area source landfill that has a design 
capacity equal to or greater than 2.5 million Mg and 2.5 million m\3\ 
and that is not permanently closed as of January 16, 2003.



Sec. 63.1940  What is the affected source of this subpart?

    (a) An affected source of this subpart is an MSW landfill, as 
defined in Sec. 63.1990, that meets the criteria in Sec. 63.1935(a) or 
(b). The affected source includes the entire disposal facility in a 
contiguous geographic space where household waste is placed in or on 
land, including any portion of the MSW landfill operated as a 
bioreactor.
    (b) A new affected source of this subpart is an affected source that 
commenced construction or reconstruction after November 7, 2000. An 
affected source is reconstructed if it meets the definition of 
reconstruction in Sec. 63.2 of subpart A.
    (c) An affected source of this subpart is existing if it is not new.



Sec. 63.1945  When do I have to comply with this subpart?

    (a) If your landfill is a new affected source, you must comply with 
this subpart by January 16, 2003, or at the time you begin operating, 
whichever is later.
    (b) If your landfill is an existing affected source, you must comply 
with this subpart by January 16, 2004.



Sec. 63.1947  When do I have to comply with this subpart if I own or operate a bioreactor?

    You must comply with this subpart by the dates specified in Sec. 
63.1945(a) or (b). If you own or operate a bioreactor located at a 
landfill that is not permanently closed as of January 16, 2003, and has 
a design capacity equal to or greater than 2.5 million Mg and 2.5 
million m\3\, then you must install and operate a collection and control 
system that meets the criteria in Sec. 63.1959(b)(2) according to the 
schedule specified in paragraph (a), (b), or (c) of this section.
    (a) If your bioreactor is at a new affected source, then you must 
meet the requirements in paragraphs (a)(1) and (2) of this section:
    (1) Install the gas collection and control system for the bioreactor 
before initiating liquids addition.
    (2) Begin operating the gas collection and control system within 180 
days after initiating liquids addition or within 180 days after 
achieving a moisture content of 40 percent by weight, whichever is 
later. If you choose to begin gas collection and control system 
operation 180 days after achieving a 40-percent moisture content instead 
of 180 days after liquids addition, use the procedures in Sec. Sec. 
63.1982(c) and (d) to determine when the bioreactor moisture content 
reaches 40 percent.

[[Page 263]]

    (b) If your bioreactor is at an existing affected source, then you 
must install and begin operating the gas collection and control system 
for the bioreactor by January 17, 2006, or by the date your bioreactor 
is required to install a gas collection and control system under 40 CFR 
part 60, subpart WWW; a federal plan; or an EPA-approved and effective 
state plan or tribal plan that applies to your landfill, whichever is 
earlier.
    (c) If your bioreactor is at an existing affected source and you do 
not initiate liquids addition to your bioreactor until later than 
January 17, 2006, then you must meet the requirements in paragraphs 
(c)(1) and (2) of this section:
    (1) Install the gas collection and control system for the bioreactor 
before initiating liquids addition.
    (2) Begin operating the gas collection and control system within 180 
days after initiating liquids addition or within 180 days after 
achieving a moisture content of 40 percent by weight, whichever is 
later. If you choose to begin gas collection and control system 
operation 180 days after achieving a 40-percent moisture content instead 
of 180 days after liquids addition, use the procedures in Sec. Sec. 
63.1982(c) and (d) to determine when the bioreactor moisture content 
reaches 40 percent.

[85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64400, Oct. 13, 2020]



Sec. 63.1950  When am I no longer required to comply with this subpart?

    You are no longer required to comply with the requirements of this 
subpart when your landfill meets the collection and control system 
removal criteria in Sec. 63.1957(b).



Sec. 63.1952  When am I no longer required to comply with the 
requirements of this subpart if I own or operate a bioreactor?

    If you own or operate a landfill that includes a bioreactor, you are 
no longer required to comply with the requirements of this subpart for 
the bioreactor provided you meet the conditions of either paragraph (a) 
or (b) of this section.
    (a) Your affected source meets the control system removal criteria 
in Sec. 63.1950 or the bioreactor meets the criteria for a 
nonproductive area of the landfill in Sec. 63.1962(a)(3)(ii).
    (b) The bioreactor portion of the landfill is a closed landfill as 
defined in Sec. 63.1990, you have permanently ceased adding liquids to 
the bioreactor, and you have not added liquids to the bioreactor for at 
least 1 year. A closure report for the bioreactor must be submitted to 
the Administrator as provided in Sec. 63.1981(g).

                                Standards



Sec. 63.1955  What requirements must I meet?

    (a) Before September 28, 2021, if alternatives to the operational 
standards, test methods, procedures, compliance measures, monitoring, 
recordkeeping, or reporting provisions have already been approved under 
40 CFR part 60, subpart WWW; subpart XXX; a federal plan; or an EPA-
approved and effective state or tribal plan, these alternatives can be 
used to comply with this subpart, except that all affected sources must 
comply with the SSM requirements in subpart A of this part as specified 
in Table 1 of this subpart and all affected sources must submit 
compliance reports every 6 months as specified in Sec. 63.1981(h), 
including information on all deviations that occurred during the 6-month 
reporting period. Deviations for continuous emission monitors or 
numerical continuous parameter monitors must be determined using a 3-
hour monitoring block average. Beginning no later than September 28, 
2021, the collection and control system design plan may include for 
approval collection and control systems that include any alternatives to 
the operational standards, test methods, procedures, compliance 
measures, monitoring, recordkeeping, or reporting provisions, as 
provided in Sec. 63.1981(d)(2).
    (b) If you own or operate a bioreactor that is located at an MSW 
landfill that is not permanently closed and has a design capacity equal 
to or greater than 2.5 million Mg and 2.5 million m\3\, then you must 
meet the requirements of this subpart, including requirements in 
paragraphs (b)(1) and (2) of this section.

[[Page 264]]

    (1) You must comply with this subpart starting on the date you are 
required to install the gas collection and control system.
    (2) You must extend the collection and control system into each new 
cell or area of the bioreactor prior to initiating liquids addition in 
that area.
    (c) At all times, beginning no later than September 27, 2021, the 
owner or operator must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. The general duty to minimize 
emissions does not require the owner or operator to make any further 
efforts to reduce emissions if the requirements of this subpart 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.



Sec. 63.1957  Requirements for gas collection and control system 
installation and removal.

    (a) Operation. Operate the collection and control device in 
accordance with the provisions of Sec. Sec. 63.1958, 63.1960, and 
63.1961.
    (b) Removal criteria. The collection and control system may be 
capped, removed, or decommissioned if the following criteria are met:
    (1) The landfill is a closed landfill (as defined in Sec. 63.1990). 
A closure report must be submitted to the Administrator as provided in 
Sec. 63.1981(f);
    (2) The gas collection and control system has been in operation a 
minimum of 15 years or the landfill owner or operator demonstrates that 
the gas collection and control system will be unable to operate for 15 
years due to declining gas flow; and
    (3) Following the procedures specified in Sec. 63.1959(c), the 
calculated NMOC emission rate at the landfill is less than 50 Mg/yr on 
three successive test dates. The test dates must be no less than 90 days 
apart, and no more than 180 days apart.



Sec. 63.1958  Operational standards for collection and control systems.

    Each owner or operator of an MSW landfill with a gas collection and 
control system used to comply with the provisions of Sec. 63.1957 must:
    (a) Operate the collection system such that gas is collected from 
each area, cell, or group of cells in the MSW landfill in which solid 
waste has been in place for:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade;
    (b) Operate the collection system with negative pressure at each 
wellhead except under the following conditions:
    (1) A fire or increased well temperature. The owner or operator must 
record instances when positive pressure occurs in efforts to avoid a 
fire. These records must be submitted with the semi-annual reports as 
provided in Sec. 63.1981(h);
    (2) Use of a geomembrane or synthetic cover. The owner or operator 
must develop acceptable pressure limits in the design plan;
    (3) A decommissioned well. A well may experience a static positive 
pressure after shut down to accommodate for declining flows. All design 
changes must be approved by the Administrator as specified in Sec. 
63.1981(d)(2);
    (c) Operate each interior wellhead in the collection system as 
specified in 40 CFR 60.753(c), until the landfill owner or operator 
elects to meet the operational standard for temperature in paragraph 
(c)(1) of this section.
    (1) Beginning no later than September 27, 2021, operate each 
interior wellhead in the collection system with a landfill gas 
temperature less than 62.8 degrees Celsius (145 degrees Fahrenheit).
    (2) The owner or operator may establish a higher operating 
temperature value at a particular well. A higher operating value 
demonstration must be submitted to the Administrator for approval and 
must include supporting data demonstrating that the elevated

[[Page 265]]

parameter neither causes fires nor significantly inhibits anaerobic 
decomposition by killing methanogens. The demonstration must satisfy 
both criteria in order to be approved (i.e., neither causing fires nor 
killing methanogens is acceptable).
    (d)(1) Operate the collection system so that the methane 
concentration is less than 500 parts per million (ppm) above background 
at the surface of the landfill. To determine if this level is exceeded, 
the owner or operator must conduct surface testing around the perimeter 
of the collection area and along a pattern that traverses the landfill 
at no more than 30-meter intervals and where visual observations 
indicate elevated concentrations of landfill gas, such as distressed 
vegetation and cracks or seeps in the cover. The owner or operator may 
establish an alternative traversing pattern that ensures equivalent 
coverage. A surface monitoring design plan must be developed that 
includes a topographical map with the monitoring route and the rationale 
for any site-specific deviations from the 30-meter intervals. Areas with 
steep slopes or other dangerous areas may be excluded from the surface 
testing.
    (2) Beginning no later than September 27, 2021, the owner or 
operator must:
    (i) Conduct surface testing using an organic vapor analyzer, flame 
ionization detector, or other portable monitor meeting the 
specifications provided in Sec. 63.1960(d).
    (ii) Conduct surface testing at all cover penetrations. Thus, the 
owner or operator must monitor any cover penetrations that are within an 
area of the landfill where waste has been placed and a gas collection 
system is required.
    (iii) Determine the latitude and longitude coordinates of each 
exceedance using an instrument with an accuracy of at least 4 meters. 
The coordinates must be in decimal degrees with at least five decimal 
places.
    (e) Operate the system as specified in Sec. 60.753(e) of this 
chapter, except:
    (1) Beginning no later than September 27, 2021, operate the system 
in accordance to Sec. 63.1955(c) such that all collected gases are 
vented to a control system designed and operated in compliance with 
Sec. 63.1959(b)(2)(iii). In the event the collection or control system 
is not operating:
    (i) The gas mover system must be shut down and all valves in the 
collection and control system contributing to venting of the gas to the 
atmosphere must be closed within 1 hour of the collection or control 
system not operating; and
    (ii) Efforts to repair the collection or control system must be 
initiated and completed in a manner such that downtime is kept to a 
minimum, and the collection and control system must be returned to 
operation.
    (2) [Reserved]
    (f) Operate the control system at all times when the collected gas 
is routed to the system.
    (g) If monitoring demonstrates that the operational requirements in 
paragraph (b), (c), or (d) of this section are not met, corrective 
action must be taken as specified in Sec. 63.1960(a)(3) and (5) or (c). 
If corrective actions are taken as specified in Sec. 63.1960, the 
monitored exceedance is not a deviation of the operational requirements 
in this section.

[85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64400, Oct. 13, 2020]



Sec. 63.1959  NMOC calculation procedures.

    (a) Calculate the NMOC emission rate using the procedures specified 
in Sec. 60.754(a) of this chapter, except:
    (1) NMOC emission rate. Beginning no later than September 27, 2021 
the landfill owner or operator must calculate the NMOC emission rate 
using either Equation 1 provided in paragraph (a)(1)(i) of this section 
or Equation 2 provided in paragraph (a)(1)(ii) of this section. Both 
Equation 1 and Equation 2 may be used if the actual year-to-year solid 
waste acceptance rate is known, as specified in paragraph (a)(1)(i) of 
this section, for part of the life of the landfill and the actual year-
to-year solid waste acceptance rate is unknown, as specified in 
paragraph (a)(1)(ii) of this section, for part of the life of the 
landfill. The values to be used in both Equation 1 and Equation 2 are 
0.05 per year for k, 170 cubic meters per megagram (m\3\/Mg) for 
LO, and 4,000 parts per million by volume (ppmv) as

[[Page 266]]

hexane for the CNMOC. For landfills located in geographical 
areas with a 30-year annual average precipitation of less than 25 
inches, as measured at the nearest representative official meteorologic 
site, the k value to be used is 0.02 per year.
    (i)(A) Equation 1 must be used if the actual year-to-year solid 
waste acceptance rate is known.
[GRAPHIC] [TIFF OMITTED] TR26MR20.007


Where:

MNMOC = Total NMOC emission rate from the landfill, Mg/yr.
k = Methane generation rate constant, year-1.
Lo = Methane generation potential, m\3\/Mg solid waste.
Mi = Mass of solid waste in the ith section, Mg.
ti = Age of the ith section, years.
CNMOC = Concentration of NMOC, ppmv as hexane.
3.6 x 10-9 = Conversion factor.

    (B) The mass of nondegradable solid waste may be subtracted from the 
total mass of solid waste in a particular section of the landfill when 
calculating the value for Mi if documentation of the nature 
and amount of such wastes is maintained.
    (ii)(A) Equation 2 must be used if the actual year-to-year solid 
waste acceptance rate is unknown.
[GRAPHIC] [TIFF OMITTED] TR26MR20.011


Where:

MNMOC = Mass emission rate of NMOC, Mg/yr.
Lo = Methane generation potential, m\3\/Mg solid waste.
R = Average annual acceptance rate, Mg/yr.
k = Methane generation rate constant, year-1.
t = Age of landfill, years.
CNMOC = Concentration of NMOC, ppmv as hexane.
c = Time since closure, years; for active landfill c=0 and 
          e-kc = 1.
3.6 x 10-9 = Conversion factor.

    (B) The mass of nondegradable solid waste may be subtracted from the 
total mass of solid waste in a particular section of the landfill when 
calculating the value of R, if documentation of the nature and amount of 
such wastes is maintained.
    (2) Tier 1. The owner or operator must compare the calculated NMOC 
mass emission rate to the standard of 50 Mg/yr.
    (i) If the NMOC emission rate calculated in paragraph (a)(1) of this 
section is less than 50 Mg/yr, then the landfill owner or operator must 
submit an NMOC emission rate report according to Sec. 63.1981(c) and 
must recalculate the NMOC mass emission rate annually as required under 
paragraph (b) of this section.
    (ii) If the calculated NMOC emission rate as calculated in paragraph 
(a)(1) of this section is equal to or greater than 50 Mg/yr, then the 
landfill owner must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec. 63.1981(d) and install and operate a gas 
collection and control system within 30 months of the first annual 
report in which the NMOC emission rate equals or exceeds 50 Mg/yr, 
according to paragraphs (b)(2)(ii) and (iii) of this section;
    (B) Determine a site-specific NMOC concentration and recalculate the 
NMOC emission rate using the Tier 2 procedures provided in paragraph 
(a)(3) of this section; or
    (C) Determine a site-specific methane generation rate constant and 
recalculate the NMOC emission rate using the Tier 3 procedures provided 
in paragraph (a)(4) of this section.
    (3) Tier 2. The landfill owner or operator must determine the site-
specific

[[Page 267]]

NMOC concentration using the following sampling procedure. The landfill 
owner or operator must install at least two sample probes per hectare, 
evenly distributed over the landfill surface that has retained waste for 
at least 2 years. If the landfill is larger than 25 hectares in area, 
only 50 samples are required. The probes should be evenly distributed 
across the sample area. The sample probes should be located to avoid 
known areas of nondegradable solid waste. The owner or operator must 
collect and analyze one sample of landfill gas from each probe to 
determine the NMOC concentration using EPA Method 25 or 25C of appendix 
A-7 to part 60. Taking composite samples from different probes into a 
single cylinder is allowed; however, equal sample volumes must be taken 
from each probe. For each composite, the sampling rate, collection 
times, beginning and ending cylinder vacuums, or alternative volume 
measurements must be recorded to verify that composite volumes are 
equal. Composite sample volumes should not be less than one liter unless 
evidence can be provided to substantiate the accuracy of smaller 
volumes. Terminate compositing before the cylinder approaches ambient 
pressure where measurement accuracy diminishes. If more than the 
required number of samples are taken, all samples must be used in the 
analysis. The landfill owner or operator must divide the NMOC 
concentration from EPA Method 25 or 25C of appendix A-7 to part 60 by 6 
to convert from CNMOC as carbon to CNMOC as 
hexane. If the landfill has an active or passive gas removal system in 
place, EPA Method 25 or 25C samples may be collected from these systems 
instead of surface probes provided the removal system can be shown to 
provide sampling as representative as the two sampling probe per hectare 
requirement. For active collection systems, samples may be collected 
from the common header pipe. The sample location on the common header 
pipe must be before any gas moving, condensate removal, or treatment 
system equipment. For active collection systems, a minimum of three 
samples must be collected from the header pipe.
    (i) Within 60 days after the date of completing each performance 
test (as defined in Sec. 63.7 of subpart A), the owner or operator must 
submit the results according to Sec. 63.1981(l)(1).
    (ii) The landfill owner or operator must recalculate the NMOC mass 
emission rate using Equation 1 or Equation 2 provided in paragraph 
(a)(1)(i) or (ii) of this section and use the average site-specific NMOC 
concentration from the collected samples instead of the default value 
provided in paragraph (a)(1) of this section.
    (iii) If the resulting NMOC mass emission rate is less than 50 Mg/
yr, then the owner or operator must submit a periodic estimate of NMOC 
emissions in an NMOC emission rate report according to Sec. 63.1981(c) 
and must recalculate the NMOC mass emission rate annually as required 
under paragraph (b) of this section. The site-specific NMOC 
concentration must be retested every 5 years using the methods specified 
in this section.
    (iv) If the NMOC mass emission rate as calculated using the Tier 2 
site-specific NMOC concentration is equal to or greater than 50 Mg/yr, 
the landfill owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec. 63.1981(d) and install and operate a gas 
collection and control system within 30 months according to paragraphs 
(b)(2)(ii) and (iii) of this section; or
    (B) Determine a site-specific methane generation rate constant and 
recalculate the NMOC emission rate using the site-specific methane 
generation rate using the Tier 3 procedures specified in paragraph 
(a)(4) of this section.
    (4) Tier 3. The site-specific methane generation rate constant must 
be determined using the procedures provided in EPA Method 2E of appendix 
A-1 to part 60 of this chapter. The landfill owner or operator must 
estimate the NMOC mass emission rate using Equation 1 or Equation 2 in 
paragraph (a)(1)(i) or (ii) of this section and using a site-specific 
methane generation rate constant, and the site-specific NMOC 
concentration as determined in paragraph (a)(3) of this section instead 
of the default values provided in paragraph (a)(1) of this section. The 
landfill

[[Page 268]]

owner or operator must compare the resulting NMOC mass emission rate to 
the standard of 50 Mg/yr.
    (i) If the NMOC mass emission rate as calculated using the Tier 2 
site-specific NMOC concentration and Tier 3 site-specific methane 
generation rate is equal to or greater than 50 Mg/yr, the owner or 
operator must:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec. 63.1981(d) and install and operate a gas 
collection and control system within 30 months of the first annual 
report in which the NMOC emission rate equals or exceeds 50 Mg/yr, 
according to paragraphs (b)(2)(ii) and (iii) of this section.
    (B) [Reserved]
    (ii) If the NMOC mass emission rate is less than 50 Mg/yr, then the 
owner or operator must recalculate the NMOC mass emission rate annually 
using Equation 1 or Equation 2 in paragraph (a)(1) of this section and 
using the site-specific Tier 2 NMOC concentration and Tier 3 methane 
generation rate constant and submit a periodic NMOC emission rate report 
as provided in Sec. 63.1981(c). The calculation of the methane 
generation rate constant is performed only once, and the value obtained 
from this test must be used in all subsequent annual NMOC emission rate 
calculations.
    (5) Other methods. The owner or operator may use other methods to 
determine the NMOC concentration or a site-specific methane generation 
rate constant as an alternative to the methods required in paragraphs 
(a)(3) and (4) of this section if the method has been approved by the 
Administrator.
    (b) Each owner or operator of an affected source having a design 
capacity equal to or greater than 2.5 million Mg and 2.5 million m\3\ 
must either comply with paragraph (b)(2) of this section or calculate an 
NMOC emission rate for the landfill using the procedures specified in 
paragraph (a) of this section. The NMOC emission rate must be 
recalculated annually, except as provided in Sec. 63.1981(c)(1)(ii)(A).
    (1) If the calculated NMOC emission rate is less than 50 Mg/yr, the 
owner or operator must:
    (i) Submit an annual NMOC emission rate emission report to the 
Administrator, except as provided for in Sec. 63.1981(c)(1)(ii); and
    (ii) Recalculate the NMOC emission rate annually using the 
procedures specified in paragraph (a)(1) of this section until such time 
as the calculated NMOC emission rate is equal to or greater than 50 Mg/
yr, or the landfill is closed.
    (A) If the calculated NMOC emission rate, upon initial calculation 
or annual recalculation required in paragraph (b) of this section, is 
equal to or greater than 50 Mg/yr, the owner or operator must either: 
comply with paragraph (b)(2) of this section or calculate NMOC emissions 
using the next higher tier in paragraph (a) of this section.
    (B) If the landfill is permanently closed, a closure report must be 
submitted to the Administrator as provided for in Sec. 63.1981(f).
    (2) If the calculated NMOC emission rate is equal to or greater than 
50 Mg/yr using Tier 1, 2, or 3 procedures, the owner or operator must 
either:
    (i) Submit a collection and control system design plan prepared by a 
professional engineer to the Administrator within 1 year as specified in 
Sec. 63.1981(d) or calculate NMOC emissions using the next higher tier 
in paragraph (a) of this section. The collection and control system must 
meet the requirements in paragraphs (b)(2)(ii) and (iii) of this 
section.
    (ii) Collection system. Install and start up a collection and 
control system that captures the gas generated within the landfill as 
required by paragraphs (b)(2)(ii)(B) or (C) and (b)(2)(iii) of this 
section within 30 months after:
    (A) The first annual report in which the NMOC emission rate equals 
or exceeds 50 Mg/yr, unless Tier 2 or Tier 3 sampling demonstrates that 
the NMOC emission rate is less than 50 Mg.
    (B) An active collection system must:
    (1) Be designed to handle the maximum expected gas flow rate from 
the entire area of the landfill that warrants control over the intended 
use period of the gas control system equipment;
    (2) Collect gas from each area, cell, or group of cells in the 
landfill in which the initial solid waste has been placed for a period 
of 5 years or more if

[[Page 269]]

active; or 2 years or more if closed or at final grade;
    (3) Collect gas at a sufficient extraction rate; and
    (4) Be designed to minimize off-site migration of subsurface gas.
    (C) A passive collection system must:
    (1) Comply with the provisions specified in paragraphs 
(b)(2)(ii)(B)(1), (2), and (3) of this section; and
    (2) Be installed with liners on the bottom and all sides in all 
areas in which gas is to be collected. The liners must be installed as 
required under Sec. 258.40 of this chapter.
    (iii) Control system. Route all the collected gas to a control 
system that complies with the requirements in either paragraph 
(b)(2)(iii)(A), (B), or (C) of this section.
    (A) A non-enclosed flare designed and operated in accordance with 
the parameters established in Sec. 63.11(b) except as noted in 
paragraph (e) of this section; or
    (B) A control system designed and operated to reduce NMOC by 98 
weight-percent, or, when an enclosed combustion device is used for 
control, to either reduce NMOC by 98 weight-percent or reduce the outlet 
NMOC concentration to less than 20 ppmv, dry basis as hexane at 3-
percent oxygen. The reduction efficiency or ppmv must be established by 
an initial performance test to be completed no later than 180 days after 
the initial startup of the approved control system using the test 
methods specified in paragraph (e) of this section. The performance test 
is not required for boilers and process heaters with design heat input 
capacities equal to or greater than 44 megawatts that burn landfill gas 
for compliance with this subpart.
    (1) If a boiler or process heater is used as the control device, the 
landfill gas stream must be introduced into the flame zone.
    (2) The control device must be operated within the parameter ranges 
established during the initial or most recent performance test. The 
operating parameters to be monitored are specified in Sec. Sec. 
63.1961(b) through (e);
    (C) A treatment system that processes the collected gas for 
subsequent sale or beneficial use such as fuel for combustion, 
production of vehicle fuel, production of high-British thermal unit 
(Btu) gas for pipeline injection, or use as a raw material in a chemical 
manufacturing process. Venting of treated landfill gas to the ambient 
air is not allowed. If the treated landfill gas cannot be routed for 
subsequent sale or beneficial use, then the treated landfill gas must be 
controlled according to either paragraph (b)(2)(iii)(A) or (B) of this 
section.
    (D) All emissions from any atmospheric vent from the gas treatment 
system are subject to the requirements of paragraph (b)(2)(iii)(A) or 
(B) of this section. For purposes of this subpart, atmospheric vents 
located on the condensate storage tank are not part of the treatment 
system and are exempt from the requirements of paragraph (b)(2)(iii)(A) 
or (B) of this section.
    (c) After the installation and startup of a collection and control 
system in compliance with this subpart, the owner or operator must 
calculate the NMOC emission rate for purposes of determining when the 
system can be capped, removed, or decommissioned as provided in Sec. 
63.1957(b)(3), using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR26MR20.009


Where:

MNMOC = Mass emission rate of NMOC, Mg/yr.
QLFG = Flow rate of landfill gas, m\3\ per minute.
CNMOC = Average NMOC concentration, ppmv as hexane.
1.89 x 10-3 = Conversion factor.

    (1) The flow rate of landfill gas, QLFG, must be 
determined by measuring the total landfill gas flow rate at the common 
header pipe that leads to the control system using a gas flow measuring 
device calibrated according to the provisions of section 10 of EPA 
Method 2E of appendix A-1 of part 60.

[[Page 270]]

    (2) The average NMOC concentration, CNMOC, must be 
determined by collecting and analyzing landfill gas sampled from the 
common header pipe before the gas moving or condensate removal equipment 
using the procedures in EPA Method 25 or 25C of appendix A-7 to part 60 
of this chapter. The sample location on the common header pipe must be 
before any condensate removal or other gas refining units. The landfill 
owner or operator must divide the NMOC concentration from EPA Method 25 
or 25C of appendix A-7 to part 60 by 6 to convert from CNMOC 
as carbon to CNMOC as hexane.
    (3) The owner or operator may use another method to determine 
landfill gas flow rate and NMOC concentration if the method has been 
approved by the Administrator.
    (i) Within 60 days after the date of completing each performance 
test (as defined in Sec. 63.7), the owner or operator must submit the 
results of the performance test, including any associated fuel analyses, 
according to Sec. 63.1981(l)(1).
    (ii) [Reserved]
    (d) For the performance test required in Sec. 
63.1959(b)(2)(iii)(B), EPA Method 25 or 25C (EPA Method 25C of appendix 
A-7 to part 60 of this chapter may be used at the inlet only) of 
appendix A of this part must be used to determine compliance with the 98 
weight-percent efficiency or the 20- ppmv outlet concentration level, 
unless another method to demonstrate compliance has been approved by the 
Administrator as provided by Sec. 63.1981(d)(2). EPA Method 3, 3A, or 
3C of appendix A-7 to part 60 must be used to determine oxygen for 
correcting the NMOC concentration as hexane to 3 percent. In cases where 
the outlet concentration is less than 50 ppm NMOC as carbon (8 ppm NMOC 
as hexane), EPA Method 25A should be used in place of EPA Method 25. EPA 
Method 18 may be used in conjunction with EPA Method 25A on a limited 
basis (compound specific, e.g., methane) or EPA Method 3C may be used to 
determine methane. The methane as carbon should be subtracted from the 
EPA Method 25A total hydrocarbon value as carbon to give NMOC 
concentration as carbon. The landowner or operator must divide the NMOC 
concentration as carbon by 6 to convert from the CNMOC as 
carbon to CNMOC as hexane. Equation 4 must be used to 
calculate efficiency:
[GRAPHIC] [TIFF OMITTED] TR26MR20.012


Where:

NMOCin = Mass of NMOC entering control device.
NMOCout = Mass of NMOC exiting control device.

    (e) For the performance test required in Sec. 
63.1959(b)(2)(iii)(A), the net heating value of the combusted landfill 
gas as determined in Sec. 63.11(b)(6)(ii) is calculated from the 
concentration of methane in the landfill gas as measured by EPA Method 
3C of appendix A to part 60 of this chapter. A minimum of three 30-
minute EPA Method 3C samples are determined. The measurement of other 
organic components, hydrogen, and carbon monoxide is not applicable. EPA 
Method 3C may be used to determine the landfill gas molecular weight for 
calculating the flare gas exit velocity under Sec. 63.11(b)(7) of 
subpart A.
    (1) Within 60 days after the date of completing each performance 
test (as defined in Sec. 63.7), the owner or operator must submit the 
results of the performance tests, including any associated fuel 
analyses, required by Sec. 63.1959(c) or (e) according to Sec. 
63.1981(l)(1).
    (2) [Reserved]
    (f) The performance tests required in Sec. Sec. 
63.1959(b)(2)(iii)(A) and (B), must be conducted under such conditions 
as the Administrator specifies to the owner or operator based on 
representative performance of the affected source for the period being 
tested. Representative conditions exclude periods of startup and 
shutdown unless specified by the Administrator. The owner or operator

[[Page 271]]

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.

[85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64400, Oct. 13, 2020]



Sec. 63.1960  Compliance provisions.

    (a) Except as provided in Sec. 63.1981(d)(2), the specified methods 
in paragraphs (a)(1) through (5) of this section must be used to 
determine whether the gas collection system is in compliance with Sec. 
63.1959(b)(2)(ii).
    (1) For the purposes of calculating the maximum expected gas 
generation flow rate from the landfill to determine compliance with 
Sec. 63.1959(b)(2)(ii)(C)(1), either Equation 5 or Equation 6 must be 
used. The owner or operator may use another method to determine the 
maximum gas generation flow rate, if the method has been approved by the 
Administrator. The methane generation rate constant (k) and methane 
generation potential (Lo) kinetic factors should be those 
published in the most recent Compilation of Air Pollutant Emission 
Factors (AP-42) or other site-specific values demonstrated to be 
appropriate and approved by the Administrator. If k has been determined 
as specified in Sec. 63.1959(a)(4), the value of k determined from the 
test must be used. A value of no more than 15 years must be used for the 
intended use period of the gas mover equipment. The active life of the 
landfill is the age of the landfill plus the estimated number of years 
until closure.
    (i) For sites with unknown year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR26MR20.013
    

Where:

Qm = Maximum expected gas generation flow rate, m\3\/yr.
Lo = Methane generation potential, m\3\/Mg solid waste.
R = Average annual acceptance rate, Mg/yr.
k = Methane generation rate constant, year-1.
t = Age of the landfill at equipment installation plus the time the 
          owner or operator intends to use the gas mover equipment or 
          active life of the landfill, whichever is less. If the 
          equipment is installed after closure, t is the age of the 
          landfill at installation, years.
c = Time since closure, years (for an active landfill c = 0 and 
          e-kc = 1).
2 = Constant.

    (ii) For sites with known year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR26MR20.008
    

Where:

Qm = Maximum expected gas generation flow rate, m\3\/yr.
k = Methane generation rate constant, year-1.
Lo = Methane generation potential, m\3\/Mg solid waste.
Mi = Mass of solid waste in the ith section, Mg.
ti = Age of the ith section, years.

    (iii) If a collection and control system has been installed, actual 
flow data may be used to project the maximum expected gas generation 
flow rate instead of, or in conjunction with, Equation 5 or Equation 6 
in paragraphs (a)(1)(i) and (ii) of this section. If the landfill is 
still accepting waste, the actual measured flow data will not equal the 
maximum expected gas generation rate, so calculations using Equation 5

[[Page 272]]

or Equation 6 in paragraph (a)(1)(i) or (ii) of this section or other 
methods must be used to predict the maximum expected gas generation rate 
over the intended period of use of the gas control system equipment.
    (2) For the purposes of determining sufficient density of gas 
collectors for compliance with Sec. 63.1959(b)(2)(ii)(B)(2), the owner 
or operator must design a system of vertical wells, horizontal 
collectors, or other collection devices, satisfactory to the 
Administrator, capable of controlling and extracting gas from all 
portions of the landfill sufficient to meet all operational and 
performance standards.
    (3) For the purpose of demonstrating whether the gas collection 
system flow rate is sufficient to determine compliance with Sec. 
63.1959(b)(2)(ii)(B)(3), the owner or operator must measure gauge 
pressure in the gas collection header applied to each individual well 
monthly. Any attempted corrective measure must not cause exceedances of 
other operational or performance standards. An alternative timeline for 
correcting the exceedance may be submitted to the Administrator for 
approval. If a positive pressure exists, follow the procedures as 
specified in Sec. 60.755(a)(3), except:
    (i) Beginning no later than September 27, 2021, if a positive 
pressure exists, action must be initiated to correct the exceedance 
within 5 days, except for the three conditions allowed under Sec. 
63.1958(b).
    (A) If negative pressure cannot be achieved without excess air 
infiltration within 15 days of the first measurement of positive 
pressure, the owner or operator must conduct a root cause analysis and 
correct the exceedance as soon as practicable, but no later than 60 days 
after positive pressure was first measured. The owner or operator must 
keep records according to Sec. 63.1983(e)(3).
    (B) If corrective actions cannot be fully implemented within 60 days 
following the positive pressure measurement for which the root cause 
analysis was required, the owner or operator must also conduct a 
corrective action analysis and develop an implementation schedule to 
complete the corrective action(s) as soon as practicable, but no more 
than 120 days following the positive pressure measurement. The owner or 
operator must submit the items listed in Sec. 63.1981(h)(7) as part of 
the next semi-annual report. The owner or operator must keep records 
according to Sec. 63.1983(e)(4).
    (C) If corrective action is expected to take longer than 120 days to 
complete after the initial exceedance, the owner or operator must submit 
the root cause analysis, corrective action analysis, and corresponding 
implementation timeline to the Administrator, according to Sec. 
63.1981(j). The owner or operator must keep records according to Sec. 
63.1983(e)(5).
    (ii) [Reserved]
    (4) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the temperature and 
nitrogen or oxygen operational standards in introductory paragraph Sec. 
63.1958(c), for the purpose of identifying whether excess air 
infiltration into the landfill is occurring, the owner or operator must 
follow the procedures as specified in Sec. 60.755(a)(5) of this 
chapter, except:
    (i) Once an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec. 63.1958(c)(1), the owner or operator must 
monitor each well monthly for temperature for the purpose of identifying 
whether excess air infiltration exists. If a well exceeds the operating 
parameter for temperature as provided in Sec. 63.1958(c)(1), action 
must be initiated to correct the exceedance within 5 days. Any attempted 
corrective measure must not cause exceedances of other operational or 
performance standards.
    (A) If a landfill gas temperature less than or equal to 62.8 degrees 
Celsius (145 degrees Fahrenheit) cannot be achieved within 15 days of 
the first measurement of landfill gas temperature greater than 62.8 
degrees Celsius (145 degrees Fahrenheit), the owner or operator must 
conduct a root cause analysis and correct the exceedance as soon as 
practicable, but no later than 60 days after a landfill gas temperature 
greater than 62.8 degrees Celsius (145 degrees Fahrenheit) was first 
measured. The owner or operator must keep records according to Sec. 
63.1983(e)(3).

[[Page 273]]

    (B) If corrective actions cannot be fully implemented within 60 days 
following the temperature measurement for which the root cause analysis 
was required, the owner or operator must also conduct a corrective 
action analysis and develop an implementation schedule to complete the 
corrective action(s) as soon as practicable, but no more than 120 days 
following the measurement of landfill gas temperature greater than 62.8 
degrees Celsius (145 degrees Fahrenheit). The owner or operator must 
submit the items listed in Sec. 63.1981(h)(7) as part of the next semi-
annual report. The owner or operator must keep records according to 
Sec. 63.1983(e)(4).
    (C) If corrective action is expected to take longer than 120 days to 
complete after the initial exceedance, the owner or operator must submit 
the root cause analysis, corrective action analysis, and corresponding 
implementation timeline to the Administrator, according to Sec. 
63.1981(h)(7) and (j). The owner or operator must keep records according 
to Sec. 63.1983(e)(5).
    (D) If a landfill gas temperature measured at either the wellhead or 
at any point in the well is greater than or equal to 76.7 degrees 
Celsius (170 degrees Fahrenheit) and the carbon monoxide concentration 
measured, according to the procedures in Sec. 63.1961(a)(5)(vi) is 
greater than or equal to 1,000 ppmv the corrective action(s) for the 
wellhead temperature standard (62.8 degrees Celsius or 145 degrees 
Fahrenheit) must be completed within 15 days.
    (5) An owner or operator seeking to demonstrate compliance with 
Sec. 63.1959(b)(2)(ii)(B)(4) through the use of a collection system not 
conforming to the specifications provided in Sec. 63.1962 must provide 
information satisfactory to the Administrator as specified in Sec. 
63.1981(d)(3) demonstrating that off-site migration is being controlled.
    (b) For purposes of compliance with Sec. 63.1958(a), each owner or 
operator of a controlled landfill must place each well or design 
component as specified in the approved design plan as provided in Sec. 
63.1981(d). Each well must be installed no later than 60 days after the 
date on which the initial solid waste has been in place for a period of:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade.
    (c) The following procedures must be used for compliance with the 
surface methane operational standard as provided in Sec. 63.1958(d).
    (1) After installation and startup of the gas collection system, the 
owner or operator must monitor surface concentrations of methane along 
the entire perimeter of the collection area and along a pattern that 
traverses the landfill at 30 meter intervals (or a site-specific 
established spacing) for each collection area on a quarterly basis using 
an organic vapor analyzer, flame ionization detector, or other portable 
monitor meeting the specifications provided in paragraph (d) of this 
section.
    (2) The background concentration must be determined by moving the 
probe inlet upwind and downwind outside the boundary of the landfill at 
a distance of at least 30 meters from the perimeter wells.
    (3) Surface emission monitoring must be performed in accordance with 
section 8.3.1 of EPA Method 21 of appendix A-7 of part 60 of this 
chapter, except that the probe inlet must be placed within 5 to 10 
centimeters of the ground. Monitoring must be performed during typical 
meteorological conditions.
    (4) Any reading of 500 ppm or more above background at any location 
must be recorded as a monitored exceedance and the actions specified in 
paragraphs (c)(4)(i) through (v) of this section must be taken. As long 
as the specified actions are taken, the exceedance is not a violation of 
the operational requirements of Sec. 63.1958(d).
    (i) The location of each monitored exceedance must be marked and the 
location and concentration recorded. Beginning no later than September 
27, 2021, the location must be recorded using an instrument with an 
accuracy of at least 4 meters. The coordinates must be in decimal 
degrees with at least five decimal places.
    (ii) Cover maintenance or adjustments to the vacuum of the adjacent 
wells to increase the gas collection in

[[Page 274]]

the vicinity of each exceedance must be made and the location must be 
re-monitored within 10 days of detecting the exceedance.
    (iii) If the re-monitoring of the location shows a second 
exceedance, additional corrective action must be taken and the location 
must be monitored again within 10 days of the second exceedance. If the 
re-monitoring shows a third exceedance for the same location, the action 
specified in paragraph (c)(4)(v) of this section must be taken, and no 
further monitoring of that location is required until the action 
specified in paragraph (c)(4)(v) of this section has been taken.
    (iv) Any location that initially showed an exceedance but has a 
methane concentration less than 500 ppm methane above background at the 
10-day re-monitoring specified in paragraph (c)(4)(ii) or (iii) of this 
section must be re-monitored 1 month from the initial exceedance. If the 
1-month re-monitoring shows a concentration less than 500 ppm above 
background, no further monitoring of that location is required until the 
next quarterly monitoring period. If the 1-month re-monitoring shows an 
exceedance, the actions specified in paragraph (c)(4)(iii) or (v) of 
this section must be taken.
    (v) For any location where monitored methane concentration equals or 
exceeds 500 ppm above background three times within a quarterly period, 
a new well or other collection device must be installed within 120 days 
of the initial exceedance. An alternative remedy to the exceedance, such 
as upgrading the blower, header pipes or control device, and a 
corresponding timeline for installation may be submitted to the 
Administrator for approval.
    (5) The owner or operator must implement a program to monitor for 
cover integrity and implement cover repairs as necessary on a monthly 
basis.
    (d) Each owner or operator seeking to comply with the provisions in 
paragraph (c) of this section must comply with the following 
instrumentation specifications and procedures for surface emission 
monitoring devices:
    (1) The portable analyzer must meet the instrument specifications 
provided in section 6 of EPA Method 21 of appendix A of part 60 of this 
chapter, except that ``methane'' replaces all references to ``VOC''.
    (2) The calibration gas must be methane, diluted to a nominal 
concentration of 500 ppm in air.
    (3) To meet the performance evaluation requirements in section 8.1 
of EPA Method 21 of appendix A of part 60 of this chapter, the 
instrument evaluation procedures of section 8.1 of EPA Method 21 of 
appendix A of part 60 must be used.
    (4) The calibration procedures provided in sections 8 and 10 of EPA 
Method 21 of appendix A of part 60 of this chapter must be followed 
immediately before commencing a surface monitoring survey.
    (e)(1) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standards 
in introductory paragraph Sec. 63.1958(e), the provisions of this 
subpart apply at all times, except during periods of SSM, provided that 
the duration of SSM does not exceed 5 days for collection systems and 
does not exceed 1 hour for treatment or control devices. You must comply 
with the provisions in Table 1 to subpart AAAA that apply before 
September 28, 2021.
    (2) Once an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard in 
Sec. 63.1958(e)(1), the provisions of this subpart apply at all times, 
including periods of SSM. During periods of SSM, you must comply with 
the work practice requirement specified in Sec. 63.1958(e) in lieu of 
the compliance provisions in Sec. 63.1960.

[85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64400, Oct. 13, 2020; 
87 FR 8203, Feb. 14, 2022]



Sec. 63.1961  Monitoring of operations.

    Except as provided in Sec. 63.1981(d)(2):
    (a) Each owner or operator seeking to comply with Sec. 
63.1959(b)(2)(ii)(B) for an active gas collection system must install a 
sampling port and a thermometer, other temperature measuring device, or 
an access port for temperature measurements at each wellhead and:
    (1) Measure the gauge pressure in the gas collection header on a 
monthly basis as provided in Sec. 63.1960(a)(3); and

[[Page 275]]

    (2) Monitor nitrogen or oxygen concentration in the landfill gas on 
a monthly basis as follows:
    (i) The nitrogen level must be determined using EPA Method 3C of 
appendix A-2 to part 60 of this chapter, unless an alternative test 
method is established as allowed by Sec. 63.1981(d)(2).
    (ii) Unless an alternative test method is established as allowed by 
Sec. 63.1981(d)(2), the oxygen level must be determined by an oxygen 
meter using EPA Method 3A or 3C of appendix A-2 to part 60 of this 
chapter or ASTM D6522-11 (incorporated by reference, see Sec. 63.14). 
Determine the oxygen level by an oxygen meter using EPA Method 3A or 3C 
of appendix A-2 to part 60 or ASTM D6522-11 (if sample location is prior 
to combustion) except that:
    (A) The span must be set between 10- and 12-percent oxygen;
    (B) A data recorder is not required;
    (C) Only two calibration gases are required, a zero and span;
    (D) A calibration error check is not required; and
    (E) The allowable sample bias, zero drift, and calibration drift are 
10 percent.
    (iii) A portable gas composition analyzer may be used to monitor the 
oxygen levels provided:
    (A) The analyzer is calibrated; and
    (B) The analyzer meets all quality assurance and quality control 
requirements for EPA Method 3A of appendix A-2 to part 60 of this 
chapter or ASTM D6522-11 (incorporated by reference, see Sec. 63.14).
    (3) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the temperature and 
nitrogen or oxygen operational standards in introductory paragraph Sec. 
63.1958(c), the owner or operator must follow the procedures as 
specified in Sec. 60.756(a)(2) and (3) of this chapter. Monitor 
temperature of the landfill gas on a monthly basis as provided in Sec. 
63.1960(a)(4). The temperature measuring device must be calibrated 
annually using the procedure in Section 10.3 of EPA Method 2 of appendix 
A-1 to part 60 of this chapter.
    (4) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec. 63.1958(c)(1), monitor temperature of the 
landfill gas on a monthly basis as provided in Sec. 63.1960(a)(4). The 
temperature measuring device must be calibrated annually using the 
procedure in Section 10.3 of EPA Method 2 of appendix A-1 to part 60 of 
this chapter. Keep records specified in Sec. 63.1983(e).
    (5) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec. 63.1958(c)(1), unless a higher operating 
temperature value has been approved by the Administrator under this 
subpart or under 40 CFR part 60, subpart WWW; 40 CFR part 60, subpart 
XXX; or a federal plan or EPA-approved and effective state plan or 
tribal plan that implements either 40 CFR part 60, subpart Cc or 40 CFR 
part 60, subpart Cf, you must initiate enhanced monitoring at each well 
with a measurement of landfill gas temperature greater than 62.8 degrees 
Celsius (145 degrees Fahrenheit) as follows:
    (i) Visual observations for subsurface oxidation events (smoke, 
smoldering ash, damage to well) within the radius of influence of the 
well.
    (ii) Monitor oxygen concentration as provided in paragraph (a)(2) of 
this section;
    (iii) Monitor temperature of the landfill gas at the wellhead as 
provided in paragraph (a)(4) of this section.
    (iv) Monitor temperature of the landfill gas every 10 vertical feet 
of the well as provided in paragraph (a)(6) of this section.
    (v) Monitor the methane concentration with a methane meter using EPA 
Method 3C of appendix A-6 to part 60, EPA Method 18 of appendix A-6 to 
part 60 of this chapter, or a portable gas composition analyzer to 
monitor the methane levels provided that the analyzer is calibrated and 
the analyzer meets all quality assurance and quality control 
requirements for EPA Method 3C or EPA Method 18.
    (vi) Monitor and determine carbon monoxide concentrations, as 
follows:
    (A) Collect the sample from the wellhead sampling port in a 
passivated canister or multi-layer foil gas sampling bag (such as the 
Cali-5-Bond Bag) and analyze that sample using EPA Method 10 of appendix 
A-4 to part 60 of this

[[Page 276]]

chapter, or an equivalent method with a detection limit of at least 100 
ppmv of carbon monoxide in high concentrations of methane; or
    (B) Collect and analyze the sample from the wellhead using EPA 
Method 10 of appendix A-4 to part 60 to measure carbon monoxide 
concentrations.
    (C) When sampling directly from the wellhead, you must sample for 5 
minutes plus twice the response time of the analyzer. These values must 
be recorded. The five 1-minute averages are then averaged to give you 
the carbon monoxide reading at the wellhead.
    (D) When collecting samples in a passivated canister or multi-layer 
foil sampling bag, you must sample for the period of time needed to 
assure that enough sample is collected to provide five (5) consecutive, 
1-minute samples during the analysis of the canister or bag contents, 
but no less than 5 minutes plus twice the response time of the analyzer. 
The five (5) consecutive, 1-minute averages are then averaged together 
to give you a carbon monoxide value from the wellhead.
    (vii) The enhanced monitoring described in this paragraph (a)(5) 
must begin 7 calendar days after the first measurement of landfill gas 
temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit); 
and
    (viii) The enhanced monitoring in this paragraph (a)(5) must be 
conducted on a weekly basis. If four consecutive weekly carbon monoxide 
readings are under 100 ppmv, then enhanced monitoring may be decreased 
to monthly. However, if carbon monoxide readings exceed 100 ppmv again, 
the landfill must return to weekly monitoring.
    (ix) The enhanced monitoring in this paragraph (a)(5) can be stopped 
once a higher operating value is approved, at which time the monitoring 
provisions issued with the higher operating value should be followed, or 
once the measurement of landfill gas temperature at the wellhead is less 
than or equal to 62.8 degrees Celsius (145 degrees Fahrenheit).
    (6) For each wellhead with a measurement of landfill gas temperature 
greater than or equal to 73.9 degrees Celsius (165 degrees Fahrenheit), 
annually monitor temperature of the landfill gas every 10 vertical feet 
of the well. This temperature can be monitored either with a removable 
thermometer, or using temporary or permanent thermocouples installed in 
the well.
    (b) Each owner or operator seeking to comply with Sec. 
63.1959(b)(2)(iii) using an enclosed combustor must calibrate, maintain, 
and operate according to the manufacturer's specifications, the 
following equipment:
    (1) A temperature monitoring device equipped with a continuous 
recorder and having a minimum accuracy of 1 
percent of the temperature being measured expressed in degrees Celsius 
or 0.5 degrees Celsius, whichever is greater. A 
temperature monitoring device is not required for boilers or process 
heaters with design heat input capacity equal to or greater than 44 
megawatts.
    (2) A device that records flow to the control device and bypass of 
the control device (if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that must record the flow to the control device at least every 15 
minutes; and
    (ii) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism must be performed at least once every month to 
ensure that the valve is maintained in the closed position and that the 
gas flow is not diverted through the bypass line.
    (c) Each owner or operator seeking to comply with Sec. 
63.1959(b)(2)(iii) using a non-enclosed flare must install, calibrate, 
maintain, and operate according to the manufacturer's specifications the 
following equipment:
    (1) A heat sensing device, such as an ultraviolet beam sensor or 
thermocouple, at the pilot light or the flame itself to indicate the 
continuous presence of a flame; and
    (2) A device that records flow to the flare and bypass of the flare 
(if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that records the flow to the control device at least every 15 
minutes; and
    (ii) Secure the bypass line valve in the closed position with a car-
seal or a

[[Page 277]]

lock-and-key type configuration. A visual inspection of the seal or 
closure mechanism must be performed at least once every month to ensure 
that the valve is maintained in the closed position and that the gas 
flow is not diverted through the bypass line.
    (d) Each owner or operator seeking to demonstrate compliance with 
Sec. 63.1959(b)(2)(iii) using a device other than a non-enclosed flare 
or an enclosed combustor or a treatment system must provide information 
satisfactory to the Administrator as provided in Sec. 63.1981(d)(2) 
describing the operation of the control device, the operating parameters 
that would indicate proper performance, and appropriate monitoring 
procedures. The Administrator must review the information and either 
approve it, or request that additional information be submitted. The 
Administrator may specify additional appropriate monitoring procedures.
    (e) Each owner or operator seeking to install a collection system 
that does not meet the specifications in Sec. 63.1962 or seeking to 
monitor alternative parameters to those required by Sec. Sec. 63.1958 
through 63.1961 must provide information satisfactory to the 
Administrator as provided in Sec. 63.1981(d)(2) and (3) describing the 
design and operation of the collection system, the operating parameters 
that would indicate proper performance, and appropriate monitoring 
procedures. The Administrator may specify additional appropriate 
monitoring procedures.
    (f) Each owner or operator seeking to demonstrate compliance with 
the 500-ppm surface methane operational standard in Sec. 63.1958(d) 
must monitor surface concentrations of methane according to the 
procedures in Sec. 63.1960(c) and the instrument specifications in 
Sec. 63.1960(d). If you are complying with the 500-ppm surface methane 
operational standard in Sec. 63.1958(d)(2), for location, you must 
determine the latitude and longitude coordinates of each exceedance 
using an instrument with an accuracy of at least 4 meters and the 
coordinates must be in decimal degrees with at least five decimal 
places. In the semi-annual report in Sec. 63.1981(h), you must report 
the location of each exceedance of the 500-ppm methane concentration as 
provided in Sec. 63.1958(d) and the concentration recorded at each 
location for which an exceedance was recorded in the previous month. Any 
closed landfill that has no monitored exceedances of the operational 
standard in three consecutive quarterly monitoring periods may skip to 
annual monitoring. Any methane reading of 500 ppm or more above 
background detected during the annual monitoring returns the frequency 
for that landfill to quarterly monitoring.
    (g) Each owner or operator seeking to demonstrate compliance with 
Sec. 63.1959(b)(2)(iii)(C) using a landfill gas treatment system must 
calibrate, maintain, and operate according to the manufacturer's 
specifications a device that records flow to the treatment system and 
bypass of the treatment system (if applicable). Beginning no later than 
September 27, 2021, each owner or operator must maintain and operate all 
monitoring systems associated with the treatment system in accordance 
with the site-specific treatment system monitoring plan required in 
Sec. 63.1983(b)(5)(ii). The owner or operator must:
    (1) Install, calibrate, and maintain a gas flow rate measuring 
device that records the flow to the treatment system at least every 15 
minutes; and
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism must be performed at least once every month to 
ensure that the valve is maintained in the closed position and that the 
gas flow is not diverted through the bypass line.
    (h) The monitoring requirements of paragraphs (a), (b), (c), (d), 
and (g) of this section apply at all times the affected source is 
operating, except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required monitoring 
system quality assurance or quality control activities. 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

[[Page 278]]

by poor maintenance or careless operation are not malfunctions. You are 
required to complete monitoring system repairs in response to monitoring 
system malfunctions and to return the monitoring system to operation as 
expeditiously as practicable. Where an owner or operator subject to the 
provisions of this subpart seeks to demonstrate compliance with the 
temperature and nitrogen or oxygen operational standards in introductory 
paragraph Sec. 63.1958(c)(1), (d)(2), and (e)(1), the standards apply 
at all times.

[85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64401, Oct. 13, 2020; 
87 FR 8203, Feb. 14, 2022]



Sec. 63.1962  Specifications for active collection systems.

    (a) Each owner or operator seeking to comply with Sec. 
63.1959(b)(2)(i) must site active collection wells, horizontal 
collectors, surface collectors, or other extraction devices at a 
sufficient density throughout all gas producing areas using the 
following procedures unless alternative procedures have been approved by 
the Administrator as provided in Sec. 63.1981(d)(2) and (3):
    (1) The collection devices within the interior must be certified to 
achieve comprehensive control of surface gas emissions by a professional 
engineer. The following issues must be addressed in the design: Depths 
of refuse, refuse gas generation rates and flow characteristics, cover 
properties, gas system expandability, leachate and condensate 
management, accessibility, compatibility with filling operations, 
integration with closure end use, air intrusion control, corrosion 
resistance, fill settlement, resistance to the refuse decomposition 
heat, and ability to isolate individual components or sections for 
repair or troubleshooting without shutting down entire collection 
system.
    (2) The sufficient density of gas collection devices determined in 
paragraph (a)(1) of this section must address landfill gas migration 
issues and augmentation of the collection system through the use of 
active or passive systems at the landfill perimeter or exterior.
    (3) The placement of gas collection devices determined in paragraph 
(a)(1) of this section must control all gas producing areas, except as 
provided by paragraphs (a)(3)(i) and (ii) of this section.
    (i) Any segregated area of asbestos or nondegradable material may be 
excluded from collection if documented as provided under Sec. 
63.1983(d). The documentation must provide the nature, date of 
deposition, location and amount of asbestos or nondegradable material 
deposited in the area and must be provided to the Administrator upon 
request.
    (ii) Any nonproductive area of the landfill may be excluded from 
control, provided that the total of all excluded areas can be shown to 
contribute less than 1 percent of the total amount of NMOC emissions 
from the landfill. The amount, location, and age of the material must be 
documented and provided to the Administrator upon request. A separate 
NMOC emissions estimate must be made for each section proposed for 
exclusion, and the sum of all such sections must be compared to the NMOC 
emissions estimate for the entire landfill.
    (A) The NMOC emissions from each section proposed for exclusion must 
be computed using Equation 7:
[GRAPHIC] [TIFF OMITTED] TR26MR20.010


Where:

Qi = NMOC emission rate from the ith section, Mg/yr.
k = Methane generation rate constant, year -1.
Lo = Methane generation potential, m\3\/Mg solid waste.
Mi = Mass of the degradable solid waste in the ith section, 
          Mg.
ti = Age of the solid waste in the ith section, years.
CNMOC = Concentration of NMOC, ppmv.
3.6 x 10-9 = Conversion factor.

    (B) If the owner/operator is proposing to exclude, or cease gas 
collection and

[[Page 279]]

control from, nonproductive physically separated (e.g., separately 
lined) closed areas that already have gas collection systems, NMOC 
emissions from each physically separated closed area must be computed 
using either Equation 3 in Sec. 63.1959(c) or Equation 7 in paragraph 
(a)(3)(ii)(A) of this section.
    (iii) The values for k and CNMOC determined in field 
testing must be used if field testing has been performed in determining 
the NMOC emission rate or the radii of influence (the distance from the 
well center to a point in the landfill where the pressure gradient 
applied by the blower or compressor approaches zero). If field testing 
has not been performed, the default values for k, Lo and 
CNMOC provided in Sec. 63.1959(a)(1) or the alternative 
values from Sec. 63.1959(a)(5) must be used. The mass of nondegradable 
solid waste contained within the given section may be subtracted from 
the total mass of the section when estimating emissions provided the 
nature, location, age, and amount of the nondegradable material is 
documented as provided in paragraph (a)(3)(i) of this section.
    (b) Each owner or operator seeking to comply with Sec. 
63.1959(b)(2)(ii) must construct the gas collection devices using the 
following equipment or procedures:
    (1) The landfill gas extraction components must be constructed of 
polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe, 
fiberglass, stainless steel, or other nonporous corrosion resistant 
material of suitable dimensions to: Convey projected amounts of gases; 
withstand installation, static, and settlement forces; and withstand 
planned overburden or traffic loads. The collection system must extend 
as necessary to comply with emission and migration standards. Collection 
devices such as wells and horizontal collectors must be perforated to 
allow gas entry without head loss sufficient to impair performance 
across the intended extent of control. Perforations must be situated 
with regard to the need to prevent excessive air infiltration.
    (2) Vertical wells must be placed so as not to endanger underlying 
liners and must address the occurrence of water within the landfill. 
Holes and trenches constructed for piped wells and horizontal collectors 
must be of sufficient cross-section so as to allow for their proper 
construction and completion including, for example, centering of pipes 
and placement of gravel backfill. Collection devices must be designed so 
as not to allow indirect short circuiting of air into the cover or 
refuse into the collection system or gas into the air. Any gravel used 
around pipe perforations should be of a dimension so as not to penetrate 
or block perforations.
    (3) Collection devices may be connected to the collection header 
pipes below or above the landfill surface. The connector assembly must 
include a positive closing throttle valve, any necessary seals and 
couplings, access couplings and at least one sampling port. The 
collection devices must be constructed of PVC, HDPE, fiberglass, 
stainless steel, or other nonporous material of suitable thickness.
    (c) Each owner or operator seeking to comply with Sec. 
63.1959(b)(2)(iii) must convey the landfill gas to a control system in 
compliance with Sec. 63.1959(b)(2)(iii) through the collection header 
pipe(s). The gas mover equipment must be sized to handle the maximum gas 
generation flow rate expected over the intended use period of the gas 
moving equipment using the following procedures:
    (1) For existing collection systems, the flow data must be used to 
project the maximum flow rate. If no flow data exists, the procedures in 
paragraph (c)(2) of this section must be used.
    (2) For new collection systems, the maximum flow rate must be in 
accordance with Sec. 63.1960(a)(1).

             General and Continuing Compliance Requirements



Sec. 63.1964  How is compliance determined?

    Compliance is determined using performance testing, collection 
system monitoring, continuous parameter monitoring, and other credible 
evidence. In addition, continuous parameter monitoring data collected 
under Sec. 63.1961(b)(1), (c)(1), and (d) are used to demonstrate 
compliance with the operating standards for control systems. If a 
deviation occurs, you have failed to

[[Page 280]]

meet the control device operating standards described in this subpart 
and have deviated from the requirements of this subpart.
    (a) Before September 28, 2021, you must develop a written SSM plan 
according to the provisions in Sec. 63.6(e)(3) of subpart A. A copy of 
the SSM plan must be maintained on site. Failure to write or maintain a 
copy of the SSM plan is a deviation from the requirements of this 
subpart.
    (b) After September 27, 2021, the SSM provisions of Sec. 63.6(e) of 
subpart A no longer apply to this subpart and the SSM plan developed 
under paragraph (a) of this section no longer applies. Compliance with 
the emissions standards and the operating standards of Sec. 63.1958 of 
this subpart is required at all times.



Sec. 63.1965  What is a deviation?

    A deviation is defined in Sec. 63.1990. For the purposes of the 
landfill monitoring and SSM plan requirements, deviations include the 
items in paragraphs (a) through (c) of this section.
    (a) A deviation occurs when the control device operating parameter 
boundaries described in Sec. 63.1983(c)(1) are exceeded.
    (b) A deviation occurs when 1 hour or more of the hours during the 
3-hour block averaging period does not constitute a valid hour of data. 
A valid hour of data must have measured values for at least three 15-
minute monitoring periods within the hour.
    (c) Before September 28, 2021, a deviation occurs when a SSM plan is 
not developed or maintained on site and when an affected source fails to 
meet any emission limitation, (including any operating limit), or work 
practice requirement in this subpart during SSM, regardless of whether 
or not such failure is permitted by this subpart.



Sec. 63.1975  How do I calculate the 3-hour block average used 
to demonstrate compliance?

    Before September 28, 2021, averages are calculated in the same way 
as they are calculated in Sec. 60.758(b)(2)(i) of this subchapter for 
average combustion temperature and Sec. 60.758(c) for 3-hour average 
combustion temperature for enclosed combustors, except that the data 
collected during the events listed in paragraphs (a) through (d) of this 
section are not to be included in any average computed under this 
subpart. Beginning no later than September 27, 2021, averages are 
calculated according to Sec. 63.1983(b)(2)(i) for average combustion 
temperature and Sec. 63.1983(c)(1)(i) for 3-hour average combustion 
temperature for enclosed combustors, except that the data collected 
during the event listed in paragraph (a) of this section are not to be 
included in any average computed under this subpart.
    (a) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments.
    (b) Startups.
    (c) Shutdowns.
    (d) Malfunctions.

[85 FR 17261, Mar. 26, 2020, as amended at 87 FR 8204, Feb. 14, 2022]

                   Notifications, Records, and Reports



Sec. 63.1981  What reports must I submit?

    You must submit the reports specified in this section and the 
reports specified in Table 1 to this subpart. If you have previously 
submitted a design capacity report, amended design capacity report, 
initial NMOC emission rate report, initial or revised collection and 
control system design plan, closure report, equipment removal report, or 
initial performance test under 40 CFR part 60, subpart WWW; 40 CFR part 
60, subpart XXX; or a federal plan or EPA-approved and effective state 
plan or tribal plan that implements either 40 CFR part 60, subpart Cc or 
40 CFR part 60, subpart Cf, then that submission constitutes compliance 
with the design capacity report in paragraph (a) of this section, the 
amended design capacity report in paragraph (b) of this section, the 
initial NMOC emission rate report in paragraph (c) of this section, the 
initial collection and control system design plan in paragraph (d) of 
this section, the revised design plan in paragraph (e) of this section, 
the closure report in paragraph (f) of this section, the equipment 
removal report in paragraph (g) of this section, and the initial 
performance test report in paragraph (i) of this section. You do not 
need to re-submit the report(s). However, you must include a statement 
certifying

[[Page 281]]

prior submission of the respective report(s) and the date of submittal 
in the first semi-annual report required in this section.
    (a) Initial design capacity report. The initial design capacity 
report must contain the information specified in Sec. 60.757(a)(2) of 
this chapter, except beginning no later than September 28, 2021, the 
report must contain:
    (1) A map or plot of the landfill, providing the size and location 
of the landfill, and identifying all areas where solid waste may be 
landfilled according to the permit issued by the state, local, or tribal 
agency responsible for regulating the landfill.
    (2) The maximum design capacity of the landfill. Where the maximum 
design capacity is specified in the permit issued by the state, local, 
or tribal agency responsible for regulating the landfill, a copy of the 
permit specifying the maximum design capacity may be submitted as part 
of the report. If the maximum design capacity of the landfill is not 
specified in the permit, the maximum design capacity must be calculated 
using good engineering practices. The calculations must be provided, 
along with the relevant parameters as part of the report. The landfill 
may calculate design capacity in either Mg or m\3\ for comparison with 
the exemption values. If the owner or operator chooses to convert the 
design capacity from volume to mass or from mass to volume to 
demonstrate its design capacity is less than 2.5 million Mg or 2.5 
million m\3\, the calculation must include a site-specific density, 
which must be recalculated annually. Any density conversions must be 
documented and submitted with the design capacity report. The state, 
tribal, local agency or Administrator may request other reasonable 
information as may be necessary to verify the maximum design capacity of 
the landfill.
    (b) Amended design capacity report. An amended design capacity 
report must be submitted to the Administrator providing notification of 
an increase in the design capacity of the landfill, within 90 days of an 
increase in the maximum design capacity of the landfill to meet or 
exceed 2.5 million Mg and 2.5 million m\3\. This increase in design 
capacity may result from an increase in the permitted volume of the 
landfill or an increase in the density as documented in the annual 
recalculation required in Sec. 63.1983(f).
    (c) NMOC emission rate report. Each owner or operator subject to the 
requirements of this subpart must submit a copy of the latest NMOC 
emission rate report that was submitted according to Sec. 60.757(b) of 
this chapter or submit an NMOC emission rate report to the Administrator 
initially and annually thereafter, except as provided for in paragraph 
(c)(1)(ii)(A) of this section. The Administrator may request such 
additional information as may be necessary to verify the reported NMOC 
emission rate. If you have submitted an annual report under 40 CFR part 
60, subpart WWW; 40 CFR part 60, subpart XXX; or a Federal plan or EPA-
approved and effective state plan or tribal plan that implements either 
40 CFR part 60, subpart Cc or 40 CFR part 60, subpart Cf, then that 
submission constitutes compliance with the annual NMOC emission rate 
report in this paragraph. You do not need to re-submit the annual report 
for the current year. Beginning no later than September 27, 2021, the 
report must meet the following requirements:
    (1) The NMOC emission rate report must contain an annual or 5-year 
estimate of the NMOC emission rate calculated using the formula and 
procedures provided in Sec. 63.1959(a) or (b), as applicable.
    (i) The initial NMOC emission rate report must be submitted no later 
than 90 days after the date of commenced construction, modification, or 
reconstruction for landfills that commence construction, modification, 
or reconstruction on or after March 12, 1996.
    (ii) Subsequent NMOC emission rate reports must be submitted 
annually thereafter, except as provided for in paragraph (c)(1)(ii)(A) 
of this section.
    (A) If the estimated NMOC emission rate as reported in the annual 
report to the Administrator is less than 50 Mg/yr in each of the next 5 
consecutive years, the owner or operator may elect to submit, an 
estimate of the NMOC emission rate for the next 5-year period in lieu of 
the annual report. This estimate must include the current amount of 
solid waste-in-place and the estimated

[[Page 282]]

waste acceptance rate for each year of the 5 years for which an NMOC 
emission rate is estimated. All data and calculations upon which this 
estimate is based must be provided to the Administrator. This estimate 
must be revised at least once every 5 years. If the actual waste 
acceptance rate exceeds the estimated waste acceptance rate in any year 
reported in the 5-year estimate, a revised 5-year estimate must be 
submitted to the Administrator. The revised estimate must cover the 5-
year period beginning with the year in which the actual waste acceptance 
rate exceeded the estimated waste acceptance rate.
    (B) The report must be submitted following the procedure specified 
in paragraph (l)(2) of this section.
    (2) The NMOC emission rate report must include all the data, 
calculations, sample reports and measurements used to estimate the 
annual or 5-year emissions.
    (3) Each owner or operator subject to the requirements of this 
subpart is exempted from the requirements to submit an NMOC emission 
rate report, after installing a collection and control system that 
complies with Sec. 63.1959(b)(2), during such time as the collection 
and control system is in operation and in compliance with Sec. Sec. 
63.1958 and 63.1960.
    (d) Collection and control system design plan. Each owner or 
operator subject to the provisions of Sec. 63.1959(b)(2) must submit a 
collection and control system design plan to the Administrator for 
approval according to Sec. 60.757(c) of this chapter and the schedule 
in Sec. 60.757(c)(1) and (2). Beginning no later than September 27, 
2021, each owner or operator subject to the provisions of Sec. 
63.1959(b)(2) must submit a collection and control system design plan to 
the Administrator according to paragraphs (d)(1) through (6) of this 
section. The collection and control system design plan must be prepared 
and approved by a professional engineer.
    (1) The collection and control system as described in the design 
plan must meet the design requirements in Sec. 63.1959(b)(2).
    (2) The collection and control system design plan must include any 
alternatives to the operational standards, test methods, procedures, 
compliance measures, monitoring, recordkeeping or reporting provisions 
of Sec. Sec. 63.1957 through 63.1983 proposed by the owner or operator.
    (3) The collection and control system design plan must either 
conform with specifications for active collection systems in Sec. 
63.1962 or include a demonstration to the Administrator's satisfaction 
of the sufficiency of the alternative provisions to Sec. 63.1962.
    (4) Each owner or operator of an MSW landfill affected by this 
subpart must submit a collection and control system design plan to the 
Administrator for approval within 1 year of becoming subject to this 
subpart.
    (5) The landfill owner or operator must notify the Administrator 
that the design plan is completed and submit a copy of the plan's 
signature page. The Administrator has 90 days to decide whether the 
design plan should be submitted for review. If the Administrator chooses 
to review the plan, the approval process continues as described in 
paragraph (d)(6) of this section. In the event that the design plan is 
required to be modified to obtain approval, the owner or operator must 
take any steps necessary to conform any prior actions to the approved 
design plan and any failure to do so could result in an enforcement 
action.
    (6) Upon receipt of an initial or revised design plan, the 
Administrator must review the information submitted under paragraphs 
(d)(1) through (3) of this section and either approve it, disapprove it, 
or request that additional information be submitted. Because of the many 
site-specific factors involved with landfill gas system design, 
alternative systems may be necessary. A wide variety of system designs 
are possible, such as vertical wells, combination horizontal and 
vertical collection systems, or horizontal trenches only, leachate 
collection components, and passive systems.
    (e) Revised design plan. Beginning no later than September 27, 2021, 
the owner or operator who has already been required to submit a design 
plan under paragraph (d) of this section must submit a revised design 
plan to the Administrator for approval as follows:

[[Page 283]]

    (1) At least 90 days before expanding operations to an area not 
covered by the previously approved design plan.
    (2) Prior to installing or expanding the gas collection system in a 
way that is not consistent with the design plan that was submitted to 
the Administrator according to paragraph (d) of this section.
    (f) Closure report. Each owner or operator of a controlled landfill 
must submit a closure report to the Administrator within 30 days of 
waste acceptance cessation. The Administrator may request additional 
information as may be necessary to verify that permanent closure has 
taken place in accordance with the requirements of Sec. 258.60 of this 
chapter. If a closure report has been submitted to the Administrator, no 
additional wastes may be placed into the landfill without filing a 
notification of modification as described under Sec. 63.9(b) of subpart 
A.
    (g) Equipment removal report. Each owner or operator of a controlled 
landfill must submit an equipment removal report as provided in Sec. 
60.757(e) of this chapter. Each owner or operator of a controlled 
landfill must submit an equipment removal report to the Administrator 30 
days prior to removal or cessation of operation of the control 
equipment.
    (1) Beginning no later than September 27, 2021, the equipment 
removal report must contain all of the following items:
    (i) A copy of the closure report submitted in accordance with 
paragraph (f) of this section;
    (ii) A copy of the initial performance test report demonstrating 
that the 15-year minimum control period has expired, or information that 
demonstrates that the gas collection and control system will be unable 
to operate for 15 years due to declining gas flows. In the equipment 
removal report, the process unit(s) tested, the pollutant(s) tested, and 
the date that such performance test was conducted may be submitted in 
lieu of the performance test report if the report has been previously 
submitted to the EPA's Central Data Exchange (CDX); and
    (iii) Dated copies of three successive NMOC emission rate reports 
demonstrating that the landfill is no longer producing 50 Mg or greater 
of NMOC per year. If the NMOC emission rate reports have been previously 
submitted to the EPA's CDX, a statement that the NMOC emission rate 
reports have been submitted electronically and the dates that the 
reports were submitted to the EPA's CDX may be submitted in the 
equipment removal report in lieu of the NMOC emission rate reports.
    (2) The Administrator may request such additional information as may 
be necessary to verify that all of the conditions for removal in Sec. 
63.1957(b) have been met.
    (h) Semi-annual report. The owner or operator of a landfill seeking 
to comply with Sec. 63.1959(b)(2) using an active collection system 
designed in accordance with Sec. 63.1959(b)(2)(ii) must submit to the 
Administrator semi-annual reports. Beginning no later than September 27, 
2021, you must submit the report, following the procedure specified in 
paragraph (l) of this section. The initial report must be submitted 
within 180 days of installation and startup of the collection and 
control system and must include the initial performance test report 
required under Sec. 63.7 of subpart A, as applicable. In the initial 
report, the process unit(s) tested, the pollutant(s) tested, and the 
date that such performance test was conducted may be submitted in lieu 
of the performance test report if the report has been previously 
submitted to the EPA's CDX. For enclosed combustion devices and flares, 
reportable exceedances are defined under Sec. 63.1983(c). The semi-
annual reports must contain the information in paragraphs (h)(1) through 
(8) of this section.
    (1) Number of times that applicable parameters monitored under Sec. 
63.1958(b), (c), and (d) were exceeded and when the gas collection and 
control system was not operating under Sec. 63.1958(e), including 
periods of SSM. For each instance, report the date, time, and duration 
of each exceedance.
    (i) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the temperature and 
nitrogen or oxygen operational standards in introductory paragraph Sec. 
63.1958(c), provide a statement of the wellhead operational standard for 
temperature and oxygen

[[Page 284]]

you are complying with for the period covered by the report. Indicate 
the number of times each of those parameters monitored under Sec. 
63.1961(a)(3) were exceeded. For each instance, report the date, time, 
and duration of each exceedance.
    (ii) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec. 63.1958(c)(1), provide a statement of the 
wellhead operational standard for temperature and oxygen you are 
complying with for the period covered by the report. Indicate the number 
of times each of those parameters monitored under Sec. 63.1961(a)(4) 
were exceeded. For each instance, report the date, time, and duration of 
each exceedance.
    (iii) Beginning no later than September 27, 2021, number of times 
the parameters for the site-specific treatment system in Sec. 
63.1961(g) were exceeded.
    (2) Description and duration of all periods when the gas stream was 
diverted from the control device or treatment system through a bypass 
line or the indication of bypass flow as specified under Sec. 63.1961.
    (3) Description and duration of all periods when the control device 
or treatment system was not operating and length of time the control 
device or treatment system was not operating.
    (4) All periods when the collection system was not operating.
    (5) The location of each exceedance of the 500-ppm methane 
concentration as provided in Sec. 63.1958(d) and the concentration 
recorded at each location for which an exceedance was recorded in the 
previous month. Beginning no later than September 27, 2021, for 
location, you record the latitude and longitude coordinates of each 
exceedance using an instrument with an accuracy of at least 4 meters. 
The coordinates must be in decimal degrees with at least five decimal 
places.
    (6) The date of installation and the location of each well or 
collection system expansion added pursuant to Sec. 63.1960(a)(3) and 
(4), (b), and (c)(4).
    (7) For any corrective action analysis for which corrective actions 
are required in Sec. 63.1960(a)(3)(i) or (a)(5) and that take more than 
60 days to correct the exceedance, the root cause analysis conducted, 
including a description of the recommended corrective action(s), the 
date for corrective action(s) already completed following the positive 
pressure or high temperature reading, and, for action(s) not already 
completed, a schedule for implementation, including proposed 
commencement and completion dates.
    (8) Each owner or operator required to conduct enhanced monitoring 
in Sec. Sec. 63.1961(a)(5) and (6) must include the results of all 
monitoring activities conducted during the period.
    (i) For each monitoring point, report the date, time, and well 
identifier along with the value and units of measure for oxygen, 
temperature (wellhead and downwell), methane, and carbon monoxide.
    (ii) Include a summary trend analysis for each well subject to the 
enhanced monitoring requirements to chart the weekly readings over time 
for oxygen, wellhead temperature, methane, and weekly or monthly 
readings over time, as applicable for carbon monoxide.
    (iii) Include the date, time, staff person name, and description of 
findings for each visual observation for subsurface oxidation event.
    (i) Initial performance test report. Each owner or operator seeking 
to comply with Sec. 63.1959(b)(2)(iii) must include the following 
information with the initial performance test report required under 
Sec. 63.7 of subpart A:
    (1) A diagram of the collection system showing collection system 
positioning including all wells, horizontal collectors, surface 
collectors, or other gas extraction devices, including the locations of 
any areas excluded from collection and the proposed sites for the future 
collection system expansion;
    (2) The data upon which the sufficient density of wells, horizontal 
collectors, surface collectors, or other gas extraction devices and the 
gas mover equipment sizing are based;
    (3) The documentation of the presence of asbestos or nondegradable 
material for each area from which collection wells have been excluded 
based on the presence of asbestos or nondegradable material;

[[Page 285]]

    (4) The sum of the gas generation flow rates for all areas from 
which collection wells have been excluded based on nonproductivity and 
the calculations of gas generation flow rate for each excluded area;
    (5) The provisions for increasing gas mover equipment capacity with 
increased gas generation flow rate, if the present gas mover equipment 
is inadequate to move the maximum flow rate expected over the life of 
the landfill; and
    (6) The provisions for the control of off-site migration.
    (j) Corrective action and the corresponding timeline. The owner or 
operator must submit information regarding corrective actions according 
to paragraphs (j)(1) and (2) of this section.
    (1) For corrective action that is required according to Sec. 
63.1960(a)(3) or (4) and is not completed within 60 days after the 
initial exceedance, you must submit a notification to the Administrator 
as soon as practicable but no later than 75 days after the first 
measurement of positive pressure or temperature exceedance.
    (2) For corrective action that is required according to Sec. 
63.1960(a)(3) or (4) and is expected to take longer than 120 days after 
the initial exceedance to complete, you must submit the root cause 
analysis, corrective action analysis, and corresponding implementation 
timeline to the Administrator as soon as practicable but no later than 
75 days after the first measurement of positive pressure or temperature 
monitoring value of 62.8 degrees Celsius (145 degrees Fahrenheit) or 
above unless a higher operating temperature value has been approved by 
the Administrator for the well under this subpart or under 40 CFR part 
60, subpart WWW; 40 CFR part 60, subpart XXX; or a Federal plan or EPA 
approved and effective state plan or tribal plan that implements either 
40 CFR part 60, subpart Cc or 40 CFR part 60, subpart Cf. The 
Administrator must approve the plan for corrective action and the 
corresponding timeline.
    (k) 24-hour high temperature report. Where an owner or operator 
subject to the provisions of this subpart seeks to demonstrate 
compliance with the operational standard for temperature in Sec. 
63.1958(c)(1) and a landfill gas temperature measured at either the 
wellhead or at any point in the well is greater than or equal to 76.7 
degrees Celsius (170 degrees Fahrenheit) and the carbon monoxide 
concentration measured is greater than or equal to 1,000 ppmv, then you 
must report the date, time, well identifier, temperature and carbon 
monoxide reading via email to the Administrator within 24 hours of the 
measurement unless a higher operating temperature value has been 
approved by the Administrator for the well under this subpart or under 
40 CFR part 60, subpart WWW; 40 CFR part 60, subpart XXX; or a Federal 
plan or EPA approved and effective state plan or tribal plan that 
implements either 40 CFR part 60, subpart Cc or 40 CFR part 60, subpart 
Cf.
    (l) Electronic reporting. Beginning no later than September 27, 
2021, the owner or operator must submit reports electronically according 
to paragraphs (l)(1) and (2) of this section.
    (1) 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 
(l)(1)(i) through (iii) of this section.
    (i) 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 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.
    (ii) 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

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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.
    (iii) Confidential business information (CBI). If you claim some of 
the information submitted under paragraph (a) 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 (l)(1)(i) of this section.
    (2) Each owner or operator required to submit reports following the 
procedure specified in this paragraph must submit reports to the EPA via 
CEDRI. CEDRI can be accessed through the EPA's CDX. The owner or 
operator must use the appropriate electronic report in CEDRI for this 
subpart or an alternate electronic file format consistent with the XML 
schema listed on the CEDRI website (https://www.epa.gov/electronic- 
reporting-air-emissions/compliance- and-emissions-data-reporting- 
interface-cedri). Once the spreadsheet template upload/forms for the 
reports have been available in CEDRI for 90 days, the owner or operator 
must begin submitting all subsequent reports via CEDRI. The reports must 
be submitted by the deadlines specified in this subpart, regardless of 
the method in which the reports are submitted. The NMOC emission rate 
reports, semi-annual reports, and bioreactor 40-percent moisture reports 
should be electronically reported as a spreadsheet template upload/form 
to CEDRI. If the reporting forms specific to this subpart are not 
available in CEDRI at the time that the reports are due, the owner or 
operator must submit the reports to the Administrator at the appropriate 
address listed in Sec. 63.13 of subpart A.
    (m) Claims of EPA system outage. Beginning no later than September 
27, 2021, 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 comply timely with the reporting requirement. To assert a 
claim of EPA system outage, you must meet the following requirements:
    (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 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.
    (n) Claims of force majeure. Beginning no later than September 27, 
2021, 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 comply timely

[[Page 287]]

with the reporting requirement. To assert a claim of force majeure, you 
must meet the following requirements:
    (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 5 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.

[85 FR 17261, Mar. 26, 2020, as amended at 87 FR 8204, Feb. 14, 2022]



Sec. 63.1982  What records and reports must I submit and keep for 
bioreactors or liquids addition other than leachate?

    Submit reports as specified in this section and Sec. 63.1981. Keep 
records as specified in this section and Sec. 63.1983.
    (a) For bioreactors at new affected sources you must submit the 
initial semi-annual compliance report and performance test results 
described in Sec. 63.1981(h) within 180 days after the date you are 
required to begin operating the gas collection and control system by 
Sec. 63.1947(a)(2).
    (b) If you must submit a semi-annual compliance report for a 
bioreactor as well as a semi-annual compliance report for a conventional 
portion of the same landfill, you may delay submittal of a subsequent 
semi-annual compliance report for the bioreactor according to paragraphs 
(b)(1) through (3) of this section so that the reports may be submitted 
on the same schedule.
    (1) After submittal of your initial semi-annual compliance report 
and performance test results for the bioreactor, you may delay submittal 
of the subsequent semi-annual compliance report for the bioreactor until 
the date the initial or subsequent semi-annual compliance report is due 
for the conventional portion of your landfill.
    (2) You may delay submittal of your subsequent semi-annual 
compliance report by no more than 12 months after the due date for 
submitting the initial semi-annual compliance report and performance 
test results described in Sec. 63.1981(h) for the bioreactor. The 
report must cover the time period since the previous semi-annual report 
for the bioreactor, which would be a period of at least 6 months and no 
more than 12 months.
    (3) After the delayed semi-annual report, all subsequent semi-annual 
reports for the bioreactor must be submitted every 6 months on the same 
date the semi-annual report for the conventional portion of the landfill 
is due.
    (c) If you add any liquids other than leachate in a controlled 
fashion to the waste mass and do not comply with the bioreactor 
requirements in Sec. Sec. 63.1947, 63.1955(b), and paragraphs (a) and 
(b) of this section, you must keep a record of

[[Page 288]]

calculations showing that the percent moisture by weight expected in the 
waste mass to which liquid is added is less than 40 percent. The 
calculation must consider the waste mass, moisture content of the 
incoming waste, mass of water added to the waste including leachate 
recirculation and other liquids addition and precipitation, and the mass 
of water removed through leachate or other water losses. Moisture level 
sampling or mass balances calculations can be used. You must document 
the calculations and the basis of any assumptions. Keep the record of 
the calculations until you cease liquids addition.
    (d) If you calculate moisture content to establish the date your 
bioreactor is required to begin operating the collection and control 
system under Sec. 63.1947(a)(2) or (c)(2), keep a record of the 
calculations including the information specified in paragraph (e) of 
this section for 5 years. Within 90 days after the bioreactor achieves 
40-percent moisture content, report the results of the calculation, the 
date the bioreactor achieved 40-percent moisture content by weight, and 
the date you plan to begin collection and control system operation to 
the Administrator. Beginning no later than September 27, 2021, the 
reports should be submitted following the procedure specified in Sec. 
63.1981(l)(2).



Sec. 63.1983  What records must I keep?

    You must keep records as specified in this subpart. You must also 
keep records as specified in the general provisions of 40 CFR part 63 as 
shown in Table 1 to this subpart.
    (a) Except as provided in Sec. 63.1981(d)(2), each owner or 
operator of an MSW landfill subject to the provisions of Sec. 
63.1959(b)(2)(ii) and (iii) of this chapter must keep for at least 5 
years up-to-date, readily accessible, on-site records of the design 
capacity report that triggered Sec. 63.1959(b), the current amount of 
solid waste in-place, and the year-by-year waste acceptance rate. Off-
site records may be maintained if they are retrievable within 4 hours. 
Either paper copy or electronic formats are acceptable.
    (b) Except as provided in Sec. 63.1981(d)(2), each owner or 
operator of a controlled landfill must keep up-to-date, readily 
accessible records for the life of the control system equipment of the 
data listed in paragraphs (b)(1) through (5) of this section as measured 
during the initial performance test or compliance determination. Records 
of subsequent tests or monitoring must be maintained for a minimum of 5 
years. Records of the control device vendor specifications must be 
maintained until removal.
    (1) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 63.1959(b)(2)(ii):
    (i) The maximum expected gas generation flow rate as calculated in 
Sec. 63.1960(a)(1).
    (ii) The density of wells, horizontal collectors, surface 
collectors, or other gas extraction devices determined using the 
procedures specified in Sec. 63.1962(a)(1) and (2).
    (2) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 63.1959(b)(2)(iii) 
through use of an enclosed combustion device other than a boiler or 
process heater with a design heat input capacity equal to or greater 
than 44 megawatts:
    (i) The average temperature measured at least every 15 minutes and 
averaged over the same time period of the performance test.
    (ii) The percent reduction of NMOC determined as specified in Sec. 
63.1959(b)(2)(iii)(B) achieved by the control device.
    (3) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 
63.1959(b)(2)(iii)(B)(1) through use of a boiler or process heater of 
any size: A description of the location at which the collected gas vent 
stream is introduced into the boiler or process heater over the same 
time period of the performance testing.
    (4) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 63.1959(b)(2)(iii)(A) 
through use of a non-enclosed flare, the flare type (i.e., steam-
assisted, air-assisted, or nonassisted), all visible emission readings, 
heat content determination, flow rate or bypass flow rate measurements, 
and

[[Page 289]]

exit velocity determinations made during the performance test as 
specified in Sec. 63.11; continuous records of the flare pilot flame or 
flare flame monitoring and records of all periods of operations during 
which the pilot flame or the flare flame is absent.
    (5) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 63.1959(b)(2)(iii)(C) 
through use of a landfill gas treatment system:
    (i) Bypass records. Records of the flow of landfill gas to, and 
bypass of, the treatment system.
    (ii) Site-specific treatment monitoring plan. Beginning no later 
than September 27, 2021, the owner or operator must prepare a site-
specific treatment monitoring plan to include:
    (A) Monitoring records of parameters that are identified in the 
treatment system monitoring plan and that ensure the treatment system is 
operating properly for each intended end use of the treated landfill 
gas. At a minimum, records should include records of filtration, de-
watering, and compression parameters that ensure the treatment system is 
operating properly for each intended end use of the treated landfill 
gas.
    (B) Monitoring methods, frequencies, and operating ranges for each 
monitored operating parameter based on manufacturer's recommendations or 
engineering analysis for each intended end use of the treated landfill 
gas.
    (C) Documentation of the monitoring methods and ranges, along with 
justification for their use.
    (D) List of responsible staff (by job title) for data collection.
    (E) Processes and methods used to collect the necessary data.
    (F) Description of the procedures and methods that are used for 
quality assurance, maintenance, and repair of all continuous monitoring 
systems (CMS).
    (c) Except as provided in Sec. 63.1981(d)(2), each owner or 
operator of a controlled landfill subject to the provisions of this 
subpart must keep for 5 years up-to-date, readily accessible continuous 
records of the equipment operating parameters specified to be monitored 
in Sec. 63.1961 as well as up-to-date, readily accessible records for 
periods of operation during which the parameter boundaries established 
during the most recent performance test are exceeded.
    (1) The following constitute exceedances that must be recorded and 
reported under Sec. 63.1981(h):
    (i) For enclosed combustors except for boilers and process heaters 
with design heat input capacity of 44 megawatts (150 million Btu per 
hour) or greater, all 3-hour periods of operation during which the 
average temperature was more than 28 degrees Celsius (82 degrees 
Fahrenheit) below the average combustion temperature during the most 
recent performance test at which compliance with Sec. 
63.1959(b)(2)(iii) was determined.
    (ii) For boilers or process heaters, whenever there is a change in 
the location at which the vent stream is introduced into the flame zone 
as required under paragraph (b)(3) of this section.
    (2) Each owner or operator subject to the provisions of this subpart 
must keep up-to-date, readily accessible continuous records of the 
indication of flow to the control system and the indication of bypass 
flow or records of monthly inspections of car-seals or lock-and-key 
configurations used to seal bypass lines, specified under Sec. 
63.1961(b)(2)(ii), (c)(2)(ii), and (g)(2).
    (3) Each owner or operator subject to the provisions of this subpart 
who uses a boiler or process heater with a design heat input capacity of 
44 megawatts or greater to comply with Sec. 63.1959(b)(2)(iii) must 
keep an up-to-date, readily accessible record of all periods of 
operation of the boiler or process heater. Examples of such records 
could include records of steam use, fuel use, or monitoring data 
collected pursuant to other state, local, tribal, or federal regulatory 
requirements.
    (4) Each owner or operator seeking to comply with the provisions of 
this subpart by use of a non-enclosed flare must keep up-to-date, 
readily accessible continuous records of the flame or flare pilot flame 
monitoring specified under Sec. 63.1961(c), and up-to-date, readily 
accessible records of all periods of operation in which the flame or 
flare pilot flame is absent.
    (5) Each owner or operator of a landfill seeking to comply with 
Sec. 63.1959(b)(2) using an active collection

[[Page 290]]

system designed in accordance with Sec. 63.1959(b)(2)(ii) must keep 
records of periods when the collection system or control device is not 
operating.
    (6) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard in 
Sec. 63.1958(e)(1), 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.
    (7) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard in 
Sec. 63.1958(e)(1), in the event that an affected unit fails to meet an 
applicable standard, record the information below in this paragraph:
    (i) For each failure record the date, time and duration of each 
failure and the cause of such events (including unknown cause, if 
applicable).
    (ii) For each failure to meet an applicable standard; record and 
retain a list of the affected sources or equipment.
    (iii) Record actions taken to minimize emissions in accordance with 
the general duty of Sec. 63.1955(c) and any corrective actions taken to 
return the affected unit to its normal or usual manner of operation.
    (8) Beginning no later than September 27, 2021, in lieu of the 
requirements specified in Sec. [thinsp]63.8(d)(3) of subpart A you must 
keep the written procedures required by Sec. [thinsp]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 must 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. 
[thinsp]63.8(d)(2).
    (d) Except as provided in Sec. 63.1981(d)(2), each owner or 
operator subject to the provisions of this subpart must keep for the 
life of the collection system an up-to-date, readily accessible plot map 
showing each existing and planned collector in the system and providing 
a unique identification location label for each collector.
    (1) Each owner or operator subject to the provisions of this subpart 
must keep up-to-date, readily accessible records of the installation 
date and location of all newly installed collectors as specified under 
Sec. 63.1960(b).
    (2) Each owner or operator subject to the provisions of this subpart 
must keep readily accessible documentation of the nature, date of 
deposition, amount, and location of asbestos-containing or nondegradable 
waste excluded from collection as provided in Sec. 63.1962(a)(3)(i) as 
well as any nonproductive areas excluded from collection as provided in 
Sec. 63.1962(a)(3)(ii).
    (e) Except as provided in Sec. 63.1981(d)(2), each owner or 
operator subject to the provisions of this subpart must keep for at 
least 5 years up-to-date, readily accessible records of the following:
    (1) All collection and control system exceedances of the operational 
standards in Sec. 63.1958, the reading in the subsequent month whether 
or not the second reading is an exceedance, and the location of each 
exceedance.
    (2) Each owner or operator subject to the control provisions of this 
subpart must keep records of each wellhead temperature monitoring value 
of greater than 55 degrees Celsius (131 degrees Fahrenheit), each 
wellhead nitrogen level at or above 20 percent, and each wellhead oxygen 
level at or above 5 percent, except:
    (i) When an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the compliance provisions 
for wellhead temperature in Sec. 63.1958(c)(1), but no later than 
September 27, 2021, the records of each wellhead temperature monitoring 
value of 62.8 degrees Celsius (145 degrees Fahrenheit) or above instead 
of values greater than 55 degrees Celsius (131 degrees Fahrenheit).
    (ii) Each owner or operator required to conduct the enhanced 
monitoring provisions in Sec. 63.1961(a)(5), must also keep records of 
all enhanced monitoring activities.

[[Page 291]]

    (iii) Each owner or operator required to submit the 24-hour high 
temperature report in Sec. 63.1981(k), must also keep a record of the 
email transmission.
    (3) For any root cause analysis for which corrective actions are 
required in Sec. 63.1960(a)(3)(i)(A) or (a)(4)(i)(A), keep a record of 
the root cause analysis conducted, including a description of the 
recommended corrective action(s) taken, and the date(s) the corrective 
action(s) were completed.
    (4) For any root cause analysis for which corrective actions are 
required in Sec. 63.1960(a)(3)(i)(B) or (a)(4)(i)(B), keep a record of 
the root cause analysis conducted, the corrective action analysis, the 
date for corrective action(s) already completed following the positive 
pressure reading or high temperature reading, and, for action(s) not 
already completed, a schedule for implementation, including proposed 
commencement and completion dates.
    (5) For any root cause analysis for which corrective actions are 
required in Sec. 63.1960(a)(3)(i)(C) or (a)(4)(i)(C), keep a record of 
the root cause analysis conducted, the corrective action analysis, the 
date for corrective action(s) already completed following the positive 
pressure reading or high temperature reading, for action(s) not already 
completed, a schedule for implementation, including proposed 
commencement and completion dates, and a copy of any comments or final 
approval on the corrective action analysis or schedule from the 
Administrator.
    (f) Landfill owners or operators who convert design capacity from 
volume to mass or mass to volume to demonstrate that landfill design 
capacity is less than 2.5 million Mg or 2.5 million m\3\, as provided in 
the definition of ``design capacity,'' must keep readily accessible, on-
site records of the annual recalculation of site-specific density, 
design capacity, and the supporting documentation. Off-site records may 
be maintained if they are retrievable within 4 hours. Either paper copy 
or electronic formats are acceptable.
    (g) Except as provided in Sec. 63.1981(d)(2), each owner or 
operator subject to the provisions of this subpart must keep for at 
least 5 years up-to-date, readily accessible records of all collection 
and control system monitoring data for parameters measured in Sec. 
63.1961(a)(1) through (6).
    (h) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with the operational standard 
for temperature in Sec. 63.1958(c)(1), you must keep the following 
records.
    (1) Records of the landfill gas temperature on a monthly basis as 
monitored in Sec. 63.1960(a)(4).
    (2) Records of enhanced monitoring data at each well with a 
measurement of landfill gas temperature greater than 62.8 degrees 
Celsius (145 degrees Fahrenheit) as gathered in Sec. 63.1961(a)(5) and 
(6).
    (i) 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.
    (ii) [Reserved]

[85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64401, Oct. 13, 2020]

                   Other Requirements and Information



Sec. 63.1985  Who enforces this subpart?

    (a) This subpart can be implemented and enforced by the EPA, or a 
delegated authority such as the applicable state, local, or tribal 
agency. If the EPA Administrator has delegated authority to a state, 
local, or tribal agency, then that agency as well as the EPA has the 
authority to implement and enforce this subpart. Contact the applicable 
EPA Regional office to find out if this subpart is delegated to a state, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency under subpart E 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 that will not be delegated to state, local, or 
tribal

[[Page 292]]

agencies are as follows. Approval of alternatives to the emission 
standards in Sec. Sec. 63.1955 through 63.1962. Where this subpart 
references part 60, subpart WWW of this subchapter, the cited provisions 
will be delegated according to the delegation provisions of part 60, 
subpart WWW of this subchapter. For this subpart, the EPA also retains 
the authority to approve methods for determining the NMOC concentration 
in Sec. 63.1959(a)(3) and the method for determining the site-specific 
methane generation rate constant k in Sec. 63.1959(a)(4).

[85 FR 17261, Mar. 26, 2020, as amended at 87 FR 8204, Feb. 14, 2022]



Sec. 63.1990  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, 40 CFR 
part 60, subparts A, Cc, Cf, WWW, and XXX; 40 CFR part 62, subpart GGG, 
and subpart A of this part, and this section that follows:
    Active collection system means a gas collection system that uses gas 
mover equipment.
    Active landfill means a landfill in which solid waste is being 
placed or a landfill that is planned to accept waste in the future.
    Bioreactor means an MSW landfill or portion of an MSW landfill where 
any liquid other than leachate (leachate includes landfill gas 
condensate) is added in a controlled fashion into the waste mass (often 
in combination with recirculating leachate) to reach a minimum average 
moisture content of at least 40 percent by weight to accelerate or 
enhance the anaerobic (without oxygen) biodegradation of the waste.
    Closed area means a separately lined area of an MSW landfill in 
which solid waste is no longer being placed. If additional solid waste 
is placed in that area of the landfill, that landfill area is no longer 
closed. The area must be separately lined to ensure that the landfill 
gas does not migrate between open and closed areas.
    Closed landfill means a landfill in which solid waste is no longer 
being placed, and in which no additional solid wastes will be placed 
without first filing a notification of modification as prescribed under 
Sec. 63.9(b). Once a notification of modification has been filed, and 
additional solid waste is placed in the landfill, the landfill is no 
longer closed.
    Closure means that point in time when a landfill becomes a closed 
landfill.
    Commercial solid waste means all types of solid waste generated by 
stores, offices, restaurants, warehouses, and other nonmanufacturing 
activities, excluding residential and industrial wastes.
    Controlled landfill means any landfill at which collection and 
control systems are required under this subpart as a result of the 
nonmethane organic compounds emission rate. The landfill is considered 
controlled at the time a collection and control system design plan is 
submitted in compliance with Sec. 60.752(b)(2)(i) of this chapter or in 
compliance with Sec. 63.1959(b)(2)(i).
    Corrective action analysis means a description of all reasonable 
interim and long-term measures, if any, that are available, and an 
explanation of why the selected corrective action(s) is/are the best 
alternative(s), including, but not limited to, considerations of cost 
effectiveness, technical feasibility, safety, and secondary impacts.
    Cover penetration means a wellhead, a part of a landfill gas 
collection or operations system, and/or any other object that completely 
passes through the landfill cover. The landfill cover includes that 
portion which covers the waste, as well as the portion which borders the 
waste extended to the point where it is sealed with the landfill liner 
or the surrounding land mass. Examples of what is not a penetration for 
purposes of this subpart include but are not limited to: Survey stakes, 
fencing including litter fences, flags, signs, utility posts, and trees 
so long as these items do not pass through the landfill cover.
    Design capacity means the maximum amount of solid waste a landfill 
can accept, as indicated in terms of volume or mass in the most recent 
permit issued by the state, local, or tribal agency responsible for 
regulating the landfill, plus any in-place waste not accounted for in 
the most recent permit. If the owner or operator chooses to

[[Page 293]]

convert the design capacity from volume to mass or from mass to volume 
to demonstrate its design capacity is less than 2.5 million Mg or 2.5 
million m\3\, the calculation must include a site-specific density, 
which must be recalculated annually.
    Deviation before September 28, 2021, 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 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, (including any operating 
limit), or work practice requirement in this subpart during SSM, 
regardless of whether or not such failure is permitted by this subpart.
    Deviation beginning no later than September 27, 2021, 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 limit, or operating 
limit, or work practice 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 affected source required to obtain such a 
permit.
    Disposal facility means all contiguous land and structures, other 
appurtenances, and improvements on the land used for the disposal of 
solid waste.
    Emissions limitation means any emission limit, opacity limit, 
operating limit, or visible emissions limit.
    Enclosed combustor means an enclosed firebox which maintains a 
relatively constant limited peak temperature generally using a limited 
supply of combustion air. An enclosed flare is considered an enclosed 
combustor.
    EPA approved State plan means a State plan that EPA has approved 
based on the requirements in 40 CFR part 60, subpart B to implement and 
enforce 40 CFR part 60, subparts Cc or Cf. An approved state plan 
becomes effective on the date specified in the document published in the 
Federal Register announcing EPA's approval.
    EPA approved Tribal plan means a plan submitted by a tribal 
authority pursuant to 40 CFR parts 9, 35, 49, 50, and 81 to implement 
and enforce 40 CFR part 60, subpart Cc or subpart Cf.
    Federal plan means the EPA plan to implement 40 CFR part 60, 
subparts Cc or Cf for existing MSW landfills located in states and 
Indian country where state plans or tribal plans are not currently in 
effect. On the effective date of an EPA approved state or tribal plan, 
the Federal Plan no longer applies. The Federal Plan implementing 40 CFR 
part 60, subpart Cc is found at 40 CFR part 62, subpart GGG.
    Flare means an open combustor without enclosure or shroud.
    Gas mover equipment means the equipment (i.e., fan, blower, 
compressor) used to transport landfill gas through the header system.
    Household waste means any solid waste (including garbage, trash, and 
sanitary waste in septic tanks) derived from households (including, but 
not limited to, single and multiple residences, hotels and motels, 
bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, 
and day-use recreation areas). Household waste does not include fully 
segregated yard waste. Segregated yard waste means vegetative matter 
resulting exclusively from the cutting of grass, the pruning and/or 
removal of bushes, shrubs, and trees, the weeding of gardens, and other 
landscaping maintenance activities. Household waste does not include 
construction, renovation, or demolition wastes, even if originating from 
a household.
    Industrial solid waste means solid waste generated by manufacturing 
or industrial processes that is not a hazardous waste regulated under 
Subtitle C of the Resource Conservation and Recovery Act, 40 CFR parts 
264 and 265.

[[Page 294]]

Such waste may include, but is not limited to, waste resulting from the 
following manufacturing processes: Electric power generation; 
fertilizer/agricultural chemicals; food and related products/by-
products; inorganic chemicals; iron and steel manufacturing; leather and 
leather products; nonferrous metals manufacturing/foundries; organic 
chemicals; plastics and resins manufacturing; pulp and paper industry; 
rubber and miscellaneous plastic products; stone, glass, clay, and 
concrete products; textile manufacturing; transportation equipment; and 
water treatment. This term does not include mining waste or oil and gas 
waste.
    Interior well means any well or similar collection component located 
inside the perimeter of the landfill waste. A perimeter well located 
outside the landfilled waste is not an interior well.
    Landfill means an area of land or an excavation in which wastes are 
placed for permanent disposal, and that is not a land application unit, 
surface impoundment, injection well, or waste pile as those terms are 
defined under Sec. 257.2 of this chapter.
    Lateral expansion means a horizontal expansion of the waste 
boundaries of an existing MSW landfill. A lateral expansion is not a 
modification unless it results in an increase in the design capacity of 
the landfill.
    Leachate recirculation means the practice of taking the leachate 
collected from the landfill and reapplying it to the landfill by any of 
one of a variety of methods, including pre-wetting of the waste, direct 
discharge into the working face, spraying, infiltration ponds, vertical 
injection wells, horizontal gravity distribution systems, and pressure 
distribution systems.
    Modification means an increase in the permitted volume design 
capacity of the landfill by either lateral or vertical expansion based 
on its permitted design capacity after November 7, 2000. Modification 
does not occur until the owner or operator commences construction on the 
lateral or vertical expansion.
    Municipal solid waste landfill or MSW landfill means an entire 
disposal facility in a contiguous geographical space where household 
waste is placed in or on land. An MSW landfill may also receive other 
types of RCRA Subtitle D wastes (Sec. 257.2 of this chapter) such as 
commercial solid waste, nonhazardous sludge, conditionally exempt small 
quantity generator waste, and industrial solid waste. Portions of an MSW 
landfill may be separated by access roads. An MSW landfill may be 
publicly or privately owned. An MSW landfill may be a new MSW landfill, 
an existing MSW landfill, or a lateral expansion.
    Municipal solid waste landfill emissions or MSW landfill emissions 
means gas generated by the decomposition of organic waste deposited in 
an MSW landfill or derived from the evolution of organic compounds in 
the waste.
    NMOC means nonmethane organic compounds, as measured according to 
the provisions of Sec. 63.1959.
    Nondegradable waste means any waste that does not decompose through 
chemical breakdown or microbiological activity. Examples are, but are 
not limited to, concrete, municipal waste combustor ash, and metals.
    Passive collection system means a gas collection system that solely 
uses positive pressure within the landfill to move the gas rather than 
using gas mover equipment.
    Root cause analysis means an assessment conducted through a process 
of investigation to determine the primary cause, and any other 
contributing causes, of an exceedance of a standard operating parameter 
at a wellhead.
    Segregated yard waste means vegetative matter resulting exclusively 
from the cutting of grass, the pruning and/or removal of bushes, shrubs, 
and trees, the weeding of gardens, and other landscaping maintenance 
activities.
    Sludge means the term sludge as defined in Sec. 258.2 of this 
chapter.
    Solid waste means the term solid waste as defined in Sec. 258.2 of 
this chapter.
    Sufficient density means any number, spacing, and combination of 
collection system components, including vertical wells, horizontal 
collectors, and surface collectors, necessary to maintain emission and 
migration control as determined by measures of performance set forth in 
this subpart.

[[Page 295]]

    Sufficient extraction rate means a rate sufficient to maintain a 
negative pressure at all wellheads in the collection system without 
causing air infiltration, including any wellheads connected to the 
system as a result of expansion or excess surface emissions, for the 
life of the blower.
    Treated landfill gas means landfill gas processed in a treatment 
system as defined in this subpart.
    Treatment system means a system that filters, de-waters, and 
compresses landfill gas for sale or beneficial use.
    Untreated landfill gas means any landfill gas that is not treated 
landfill gas.
    Work practice requirement 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.



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

    As specified in this subpart, you must meet each requirement in the 
following table that applies to you. The owner or operator may begin 
complying with the provisions that apply no later than September 27, 
2021, any time before that date.

         Table 1 to Subpart AAAA of Part 63--Applicability of NESHAP General Provisions to Subpart AAAA
----------------------------------------------------------------------------------------------------------------
                                                                           Applicable to
                                                         Applicable to    subpart AAAA no
       Part 63 citation              Description         subpart AAAA       later than          Explanation
                                                       before September    September 27,
                                                           28, 2021            2021
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)................  Applicability:         Yes.............  Yes.............
                                 General
                                 applicability of
                                 NESHAP in this part.
Sec. 63.1(b)................  Applicability          Yes.............  Yes.............
                                 determination for
                                 stationary sources.
Sec. 63.1(c)................  Applicability after a  No \1\..........  Yes.............
                                 standard has been
                                 set.
Sec. 63.1(e)................  Applicability of       Yes.............  Yes.............
                                 permit program
                                 before relevant
                                 standard is set.
Sec. 63.2...................  Definitions..........  Yes.............  Yes.............
Sec. 63.3...................  Units and              No \1\..........  Yes.............
                                 abbreviations.
Sec. 63.4...................  Prohibited activities  Yes.............  Yes.............
                                 and circumvention.
Sec. 63.5(a)................  Construction/          No \1\..........  Yes.............
                                 reconstruction.
Sec. 63.5(b)................  Requirements for       Yes.............  Yes.............
                                 existing, newly
                                 constructed, and
                                 reconstructed
                                 sources.
Sec. 63.5(d)................  Application for        No \1\..........  Yes.............
                                 approval of
                                 construction or
                                 reconstruction.
Sec. 63.5(e) and (f)........  Approval of            No \1\..........  Yes.............
                                 construction and
                                 reconstruction.
Sec. 63.6(a)................  Compliance with        No \1\..........  Yes.............
                                 standards and
                                 maintenance
                                 requirements--applic
                                 ability.
Sec. 63.6(b) and (c)........  Compliance dates for   No \1\..........  Yes.............
                                 new, reconstructed,
                                 and existing sources.
Sec. 63.6(e)(1)(i)-(ii).....  Operation and          Yes.............  No..............  See Sec. 63.1955(c)
                                 maintenance                                                for general duty
                                 requirements.                                              requirements.
Sec. 63.6(e)(3)(i)-(ix).....  SSM plan.............  Yes.............  No..............
Sec. 63.6(f)(1).............  Exemption of           No..............  No..............
                                 nonopacity emission
                                 standards during SSM.
Sec. 63.6(f)(2) and (3).....  Compliance with        Yes.............  Yes.............
                                 nonopacity emission
                                 standards.
Sec. 63.6(g)................  Use of an alternative  No \1\..........  Yes.............
                                 nonopacity standard.
Sec. 63.6(h)................  Compliance with        No \1\..........  No..............  Subpart AAAA does not
                                 opacity and visible                                        prescribe opacity or
                                 emission standards.                                        visible emission
                                                                                            standards.
Sec. 63.6(i)................  Extension of           No \1\..........  Yes.............
                                 compliance with
                                 emission standards.
Sec. 63.6(j)................  Exemption from         No \1\..........  Yes.............
                                 compliance with
                                 emission standards.
Sec. 63.7...................  Performance testing..  No \1\..........  Yes.............
Sec. 63.7(e)(1).............  Conditions for         No \1\..........  No..............  40 CFR 63.1959(f)
                                 performing                                                 specifies the
                                 performance tests.                                         conditions for
                                                                                            performing
                                                                                            performance tests.

[[Page 296]]

 
Sec. 63.8(a) and (b)........  Monitoring             No \1\..........  Yes.............
                                 requirements--Applic
                                 ability and conduct
                                 of monitoring.
Sec. 63.8(c)(1).............  Operation and          No \1\..........  Yes.............
                                 Maintenance of
                                 continuous emissions
                                 monitoring system.
Sec. 63.8(c)(1)(i)..........  Operation and          No \1\..........  No..............  Unnecessary due to
                                 Maintenance                                                the requirements of
                                 Requirements.                                              Sec. 63.8(c)(1)
                                                                                            and the requirements
                                                                                            for a quality
                                                                                            control plan for
                                                                                            monitoring equipment
                                                                                            in Sec.
                                                                                            63.8(d)(2).
Sec. 63.8(c)(1)(ii).........  Operation and          No \1\..........  No..............
                                 Maintenance
                                 Requirements.
Sec. 63.8(c)(1)(iii)........  SSM plan for monitors  No \1\..........  No..............
Sec. 63.8(c)(2)-(8).........  Monitoring             No \1\..........  Yes.............
                                 requirements.
Sec. 63.8(d)(1).............  Quality control for    No \1\..........  Yes.............
                                 monitors.
Sec. 63.8(d)(2).............  Quality control for    No \1\..........  Yes.............
                                 monitors.
Sec. 63.8(d)(3).............  Quality control        No \1\..........  No..............  See Sec.
                                 records.                                                   63.1983(c)(8).
Sec. 63.9(a), (c), and (d)..  Notifications........  No \1\..........  Yes.............
Sec. 63.9(b)................  Initial notifications  No \1\..........  Yes \2\.........
Sec. 63.9(e)................  Notification of        No \1\..........  Yes \2\.........
                                 performance test.
Sec. 63.9(f)................  Notification of        No \1\..........  No..............  Subpart AAAA does not
                                 visible emissions/                                         prescribe opacity or
                                 opacity test.                                              visible emission
                                                                                            standards.
Sec. 63.9(g)................  Notification when      No \1\..........  Yes \2\.........
                                 using CMS.
Sec. 63.9(h)................  Notification of        No \1\..........  Yes \2\.........
                                 compliance status.
Sec. 63.9(i)................  Adjustment of          No \1\..........  Yes.............
                                 submittal deadlines.
Sec. 63.9(j)................  Change in information  No \1\..........  Yes.............
                                 already provided.
Sec. 63.10(a)...............  Recordkeeping and      No \1\..........  Yes.............
                                 reporting--general.
Sec. 63.10(b)(1)............  General recordkeeping  No \1\..........  Yes.............
Sec. 63.10(b)(2)(i).........  Startup and shutdown   Yes.............  No..............  See Sec.
                                 records.                                                   63.1983(c)(6) for
                                                                                            recordkeeping for
                                                                                            periods of startup
                                                                                            and shutdown.
Sec. 63.10(b)(2)(ii)........  Recordkeeping of       Yes.............  No..............  See Sec.
                                 failures to meet a                                         63.1983(c)(6)-(7)
                                 standard.                                                  for recordkeeping
                                                                                            for any exceedance
                                                                                            of a standard.
Sec. 63.10(b)(2)(iii).......  Recordkeeping of       Yes.............  Yes.............
                                 maintenance on air
                                 pollution control
                                 equipment.
Sec. 63.10(b)(2)(iv)-(v)....  Actions taken to       Yes.............  No..............  See Sec.
                                 minimize emissions                                         63.1983(c)(7) for
                                 during SSM.                                                recordkeeping of
                                                                                            corrective actions
                                                                                            to restore
                                                                                            compliance.
Sec. 63.10(b)(2)(vi)........  Recordkeeping for CMS  No\1\...........  Yes.............
                                 malfunctions.
Sec. 63.10(b)(2)(vii)-(xiv).  Other Recordkeeping    No\1\...........  Yes.............
                                 of compliance
                                 measurements.
Sec. 63.10(c)...............  Additional             No \1\..........  No..............  See Sec. 63.1983
                                 recordkeeping for                                          for required CMS
                                 sources with CMS.                                          recordkeeping.
Sec. 63.10(d)(1)............  General reporting....  No \1\..........  Yes.............
Sec. 63.10(d)(2)............  Reporting of           No \1\..........  Yes.............
                                 performance test
                                 results.
Sec. 63.10(d)(3)............  Reporting of visible   No \1\..........  No..............
                                 emission
                                 observations.
Sec. 63.10(d)(4)............  Progress reports for   No \1\..........  Yes.............
                                 compliance date
                                 extensions.
Sec. 63.10(d)(5)............  SSM reporting........  Yes.............  No..............  All exceedances must
                                                                                            be reported in the
                                                                                            semi-annual report
                                                                                            required by Sec.
                                                                                            63.1981(h).
Sec. 63.10(e)...............  Additional reporting   No \1\..........  Yes.............
                                 for CMS systems.
Sec. 63.10(f)...............  Recordkeeping/         No \1\..........  Yes.............
                                 reporting waiver.
Sec. 63.11..................  Control device         No \1\..........  Yes.............  Sec. 60.18 is
                                 requirements/flares.                                       required before
                                                                                            September 27, 2021.
                                                                                            However, Sec.
                                                                                            60.18 and 63.11 are
                                                                                            equivalent.
Sec. 63.12(a)...............  State authority......  Yes.............  Yes.............
Sec. 63.12(b)-(c)...........  State delegations....  No \1\..........  Yes.............
Sec. 63.13..................  Addresses............  No \1\..........  Yes.............
Sec. 63.14..................  Incorporation by       No \1\..........  Yes.............
                                 reference.

[[Page 297]]

 
Sec. 63.15..................  Availability of        Yes.............  Yes.............
                                 information and
                                 confidentiality.
----------------------------------------------------------------------------------------------------------------
\1\ Before September 28, 2021, this subpart requires affected facilities to follow 40 CFR part 60, subpart WWW,
  which incorporates the General Provisions of 40 CFR part 60.
\2\ If an owner or operator has complied with requirements that are parallel to the requirements of the part 63
  citation of this table under 40 CFR part 60, subpart WWW or subpart XXX, or a state or federal plan that
  implements 40 CFR part 60, subpart Cc or Cf, then additional notification for that requirement is not
  required.


[85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64401, Oct. 13, 2020; 
87 FR 8204, Feb. 14, 2022]

Subpart BBBB [Reserved]



 Subpart CCCC_National Emission Standards for Hazardous Air Pollutants: 
                   Manufacturing of Nutritional Yeast

    Source: 82 FR 48178, Oct. 16, 2017, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.2130  What is the purpose of this subpart?

    This subpart establishes national emission limitations for hazardous 
air pollutants (HAP) emitted from manufacturers of nutritional yeast. 
This subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations.



Sec. 63.2131  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
nutritional yeast manufacturing facility that is, is located at, or is 
part of a major source of HAP emissions.
    (1) A manufacturer of nutritional yeast is a facility that makes 
yeast for the purpose of becoming an ingredient in dough for bread or 
any other yeast-raised baked product, or for becoming a nutritional food 
additive intended for consumption by humans. A manufacturer of 
nutritional yeast does not include production of yeast intended for 
consumption by animals, such as an additive for livestock feed.
    (2) 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, 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.
    (b) [Reserved]



Sec. 63.2132  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
``affected source'' that produces Saccharomyces cerevisiae at a 
nutritional yeast manufacturing facility.
    (b) The affected source is the collection of equipment used in the 
manufacture of the nutritional yeast species Saccharomyces cerevisiae. 
This collection of equipment includes fermentation vessels (fermenters), 
as described in paragraph (c) of this section. The collection of 
equipment used in the manufacture of the nutritional yeast species 
Candida utilis (torula yeast) is not part of the affected source.
    (c) The emission limitations in this subpart apply to fermenters in 
the affected source that meet all of the criteria listed in paragraphs 
(c)(1) and (2) of this section.
    (1) The fermenters are ``fed-batch'' as defined in Sec. 63.2192.

[[Page 298]]

    (2) The fermenters are used to support one of the last three 
fermentation stages in a production run (i.e., third-to-last stage, 
second-to-last stage, and last stage), which may be referred to as 
``stock, first generation, and trade,'' ``seed, semi-seed, and 
commercial,'' or ``CB4, CB5, and CB6'' stages.
    (d) The emission limitations in this subpart do not apply to flask, 
pure-culture, yeasting-tank, or any other set-batch (as defined in Sec. 
63.2192) fermentation, and they do not apply to any operations after the 
last dewatering operation, such as filtration.
    (e) The emission limitations in Table 1 to this subpart do not apply 
to fermenters during the production of specialty yeast (defined in Sec. 
63.2192).
    (f) An affected source is a ``new affected source'' if you commenced 
construction of the affected source after October 19, 1998, and you met 
the applicability criteria in Sec. 63.2131 at the time you commenced 
construction.
    (g) An affected source is ``reconstructed'' if it meets the criteria 
for reconstruction as defined in Sec. 63.2.
    (h) An affected source is ``existing'' if it is not new or 
reconstructed.



Sec. 63.2133  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, then you 
must comply with paragraph (a)(1) or (2) of this section.
    (1) If you start up your affected source before May 21, 2001, then 
you must comply with this subpart no later than May 21, 2001.
    (2) If you start up your affected source on or after May 21, 2001, 
then you must comply with this subpart upon startup of your affected 
source.
    (b) If you have an existing affected source, then you must comply 
with this subpart no later than May 21, 2004.
    (c) If you have an area source that increases its emissions, or its 
potential to emit, so that it becomes a major source of HAP, then 
paragraphs (c)(1) and (2) of this section apply.
    (1) Any portion of the existing facility that is a new affected 
source or a new reconstructed source must be in compliance with this 
subpart upon startup.
    (2) All other parts of the affected source must be in compliance 
with this subpart by no later than 1 year after it becomes a major 
source.
    (d) You must meet the notification requirements in Sec. 63.2180 
according to the schedule in Sec. 63.2180 and in subpart A of this 
part.

                          Emission Limitations



Sec. 63.2140  What emission limitations must I meet?

    You must meet the applicable emission limitations in Table 1 to this 
subpart, according to the timeline provided in Table 7 to this subpart.

                     General Compliance Requirements



Sec. 63.2150  What are my general requirements for complying 
with this subpart?

    (a) You must be in compliance with the applicable emission 
limitations in Table 1 to this subpart at all times, and demonstrate 
compliance according to paragraphs (a)(1) through (3) of this section.
    (1) To demonstrate compliance with emission limitations by using the 
98-Percent Option, you must follow the procedures of Sec. 63.2171(b).
    (2) To demonstrate compliance with emission limitations by using the 
Average Option, you must follow the procedures of Sec. 63.2171(c).
    (3) To demonstrate compliance with emission limitations by using the 
Batch Option, you must follow the procedures of Sec. 63.2171(d).
    (b) You must monitor VOC concentration continuously for each batch 
by using the applicable monitoring method in Table 8 to this subpart.
    (c) If the date upon which you must demonstrate initial compliance 
as specified in Sec. 63.2160 falls after the compliance date specified 
for your affected source in Sec. 63.2133, then you must maintain a log 
detailing the operation and maintenance of the continuous emission 
monitoring systems and the process and emissions control equipment 
during the period between those dates.
    (d) 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

[[Page 299]]

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 an affected 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.

               Testing and Initial Compliance Requirements



Sec. 63.2160  By what date must I conduct an initial compliance
demonstration?

    (a) For each emission limitation in Table 1 to this subpart for 
which you demonstrate compliance using the Average Option, you must 
demonstrate initial compliance for the period ending on the last day of 
the month that is 12 calendar months (or 11 calendar months, if the 
compliance date for your affected source is the first day of the month) 
after the compliance date that is specified for your affected source in 
Sec. 63.2133.
    (b) For each emission limitation in Table 1 to this subpart for 
which you demonstrate compliance using the Batch Option, you must 
demonstrate initial compliance for the period ending June 30 or December 
31 (use whichever date is the first date following the compliance date 
that is specified for your affected source in Sec. 63.2133).



Sec. 63.2161  What performance tests and other procedures must
I use if I monitor brew ethanol?

    (a) You must conduct each performance test in Table 2 to this 
subpart that applies to you, as specified in paragraphs (b) through (f) 
of this section.
    (b) You must conduct performance tests under such conditions as the 
Administrator specifies, based on representative performance of the 
affected source for the period being tested, and under the specific 
conditions that this subpart specifies in Table 2 to this subpart and in 
paragraphs (b)(1) through (4) of this section. 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 must 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (1) You must conduct each performance test concurrently with brew 
ethanol monitoring to establish a brew-to-exhaust correlation as 
specified in paragraph (e) of this section.
    (2) For each fermentation stage, you must conduct one run of the EPA 
Test Method 25A of 40 CFR part 60, appendix A-7, over the entire length 
of a batch. The three fermentation stages do not have to be from the 
same production run.
    (3) You must obtain your test sample at a point in the exhaust-gas 
stream before you inject any dilution air. For fermenters, dilution air 
is any air not needed to control fermentation.
    (4) You must record the results of the test for each fermentation 
stage.
    (c) You may not conduct performance tests during periods of 
malfunction.
    (d) You must collect data to correlate the brew ethanol 
concentration to the VOC concentration in the fermenter exhaust 
according to paragraphs (d)(1) through (3) of this section.
    (1) You must collect a separate set of brew ethanol concentration 
data for each fed-batch fermentation stage while manufacturing the 
product that constitutes the largest percentage (by mass) of average 
annual production.
    (2) You must measure brew ethanol as specified in Sec. 63.2164 
concurrently with conducting a performance test for VOC in fermenter 
exhaust as specified in paragraph (b) of this section. You must measure 
brew ethanol at least once during each successive 30-minute period over 
the entire period of the performance test for VOC in fermenter exhaust.
    (3) You must keep a record of the brew ethanol concentration data 
for each fermentation stage over the period of EPA Test Method 25A of 40 
CFR part 60, appendix A-7, performance test.

[[Page 300]]

    (e) For each set of data that you collected under paragraphs (b) and 
(d) of this section, you must perform a linear regression of brew 
ethanol concentration (percent) on VOC fermenter exhaust concentration 
(parts per million by volume (ppmv) measured as propane). You must 
ensure the correlation between the brew ethanol concentration, as 
measured by the brew ethanol monitor, and the VOC fermenter exhaust 
concentration, as measured by EPA Test Method 25A of 40 CFR part 60, 
appendix A-7, is linear with a correlation coefficient of at least 0.90.
    (f) You must calculate the VOC concentration in the fermenter 
exhaust for each batch using the brew ethanol concentration data 
according to Equation 1 of this section, and using the constants (CF and 
y) calculated by the applicable linear regression performed under 
paragraph (e) of this section.
[GRAPHIC] [TIFF OMITTED] TR16OC17.000

Where:

BAVOC = Batch-average concentration of VOC in fermenter exhaust (ppmv 
          measured as propane), calculated for compliance demonstration
BAE = Batch-average concentration of brew ethanol in fermenter liquid 
          (percent), measured by the brew ethanol monitor
CF = Constant established at performance test and representing the slope 
          of the regression line
y = Constant established at performance test and representing the y-
          intercept of the regression line



Sec. 63.2162  When must I conduct subsequent performance tests 
if I monitor brew ethanol?

    (a) For each emission limitation in Table 1 to this subpart for 
which compliance is demonstrated by monitoring brew ethanol 
concentration and calculating VOC concentration in the fermenter exhaust 
according to the procedures in Sec. 63.2161, you must conduct an EPA 
Test Method 25A of 40 CFR part 60, appendix A-7, performance test and 
establish a brew-to-exhaust correlation according to the procedures in 
Table 2 to this subpart and in Sec. 63.2161, at least once every year.
    (b) The first subsequent performance test must be conducted no later 
than 365 calendar days after the initial performance test conducted 
according to Sec. 63.2160. Each subsequent performance test must be 
conducted no later than 365 calendar days after the previous performance 
test. You must conduct a performance test for each 365 calendar day 
period during which you demonstrate compliance using the brew ethanol 
correlation developed according to Sec. 63.2161.



Sec. 63.2163  If I monitor fermenter exhaust, what are my monitoring
installation, operation, and maintenance requirements?

    (a) You must install and certify a CEMS that generates a single 
combined response value for VOC concentration (VOC CEMS) according to 
the procedures and requirements in Performance Specification 8--
Performance Specifications for Volatile Organic Compound Continuous 
Emission Monitoring Systems in Stationary Sources in appendix B to part 
60 of this chapter.
    (b) You must operate and maintain your VOC CEMS according to the 
procedures and requirements in Procedure 1--Quality Assurance 
Requirements for Gas Continuous Emission Monitoring Systems Used for 
Compliance Determination in appendix F to part 60 of this chapter, 
except with regard to provisions concerning relative accuracy test audit 
(RATA), cylinder gas audit (CGA), and relative accuracy audit (RAA) 
frequencies; out of control period definition; and CEMS data status 
during out of control periods; which are instead specified in this 
paragraph for frequencies; and Sec. 63.8(c)(7) for the definition of 
and status of CEMS data during out of control periods.
    (1) You must conduct a RATA at least once every 12 calendar 
quarters, in accordance with sections 8 and 11, as applicable, of 
Performance Specification 8.

[[Page 301]]

    (2) You must conduct a CGA or RAA in the calendar quarters during 
which a RATA is not conducted, but in no more than 11 quarters in 
succession.
    (3) As necessary, rather than relying on citation 2 of Procedure 1 
of appendix F to 40 CFR part 60, you must rely on EPA/600/R-12/531 
(incorporated by reference, see Sec. 63.14).
    (4) Your affected source must meet the criteria of Performance 
Specification 8, section 13.2.
    (c) You must use Method 25A in appendix A-7 to part 60 of this 
chapter as the Reference Method.
    (d) You must calibrate your VOC CEMS with propane.
    (e) You must set your VOC CEMS span at less than 5 times the 
relevant VOC emission limitation given in Table 1 of this subpart. Note 
that the EPA considers 1.5 to 2.5 times the relevant VOC emission 
limitation to be the optimum range, in general.
    (f) You must complete the performance evaluation and submit the 
performance evaluation report before the compliance date that is 
specified for your affected source in Sec. 63.2133.
    (g) You must monitor VOC concentration in fermenter exhaust at any 
point prior to dilution of the exhaust stream.
    (h) You must collect data using the VOC CEMS at all times during 
each batch monitoring period, except for periods of monitoring system 
malfunctions, required monitoring system quality assurance or quality 
control activities (including, as applicable, calibration checks and 
required zero and span adjustments), and any scheduled maintenance.
    (i) For each CEMS, you must record the results of each inspection, 
calibration, and validation check.
    (j) You must check the zero (low-level) and high-level calibration 
drifts for each CEMS in accordance with the applicable Performance 
Specification of 40 CFR part 60, appendix B. You must adjust the zero 
(low-level) and high-level calibration drifts, at a minimum, whenever 
the zero (low-level) drift exceeds 2 times the limits of the applicable 
Performance Specification. You must perform the calibration drift checks 
at least once daily except under the conditions of paragraphs (j)(1) 
through (3) of this section.
    (1) If a 24-hour calibration drift check for your CEMS is performed 
immediately prior to, or at the start of, a batch monitoring period of a 
duration exceeding 24 hours, then you are not required to perform 24-
hour-interval calibration drift checks during that batch monitoring 
period.
    (2) If the 24-hour calibration drift exceeds 2.5 percent of the span 
value in fewer than 5 percent of the checks over a 1-month period, and 
the 24-hour calibration drift never exceeds 7.5 percent of the span 
value, then you may reduce the frequency of calibration drift checks to 
at least weekly (once every 7 days).
    (3) If, during two consecutive weekly checks, the weekly calibration 
drift exceeds 5 percent of the span value, then you must resume a 
frequency of at least 24-hour interval calibration checks until the 24-
hour calibration checks meet the test of paragraph (j)(2) of this 
section.



Sec. 63.2164  If I monitor brew ethanol, what are my monitoring 
installation, operation, and maintenance requirements?

    (a) You must install, operate, and maintain each brew ethanol 
monitor according to the manufacturer's specifications and in accordance 
with Sec. 63.2150(d).
    (b) Each of your brew ethanol monitors must complete a minimum of 
one cycle of operation (sampling, analyzing, and data recording) for 
each successive 30-minute period within each batch monitoring period. 
Except as specified in paragraph (c) of this section, you must have a 
minimum of two cycles of operation in a 1-hour period to have a valid 
hour of data.
    (c) You must reduce the brew ethanol monitor data to arithmetic 
batch averages computed from two or more data points over each 1-hour 
period, except during periods when calibration, quality assurance, or 
maintenance activities pursuant to provisions of this part are being 
performed. During these periods, a valid hour of data must consist of at 
least one data point representing a 30-minute period.

[[Page 302]]

    (d) You must have valid brew ethanol monitor data from all operating 
hours over the entire batch monitoring period.
    (e) You must set the brew ethanol monitor span to correspond to not 
greater than 5 times the relevant emission limitation; note that we 
consider 1.5 to 2.5 times the relevant emission limitation to be the 
optimum range, in general. You must use the brew-to-exhaust correlation 
equation established under Sec. 63.2161(f) to determine the span value 
for your brew ethanol monitor that corresponds to the relevant emission 
limitation.
    (f) For each brew ethanol monitor, you must record the results of 
each inspection, calibration, and validation check.
    (g) The gas chromatograph (GC) that you use to calibrate your brew 
ethanol monitor must meet the requirements of paragraphs (g)(1) through 
(3) of this section.
    (1) You must calibrate the GC at least daily, by analyzing standard 
solutions of ethanol in water (0.05 percent, 0.15 percent, and 0.3 
percent).
    (2) For use in calibrating the GC, you must prepare the standard 
solutions of ethanol using the procedures listed in paragraphs (g)(2)(i) 
through (vi) of this section.
    (i) Starting with 100-percent ethanol, you must dry the ethanol by 
adding a small amount of anhydrous magnesium sulfate (granular) to 15-20 
milliliters (ml) of ethanol.
    (ii) You must place approximately 50 ml of water into a 100-ml 
volumetric flask and place the flask on a balance. You must tare the 
balance. You must weigh 2.3670 grams of the dry (anhydrous) ethanol into 
the volumetric flask.
    (iii) You must add the 100-ml volumetric flask contents to a 1000-ml 
volumetric flask. You must rinse the 100-ml volumetric flask with water 
into the 1000-ml flask. You must bring the volume to 1000 ml with water.
    (iv) You must place an aliquot into a sample bottle labeled ``0.3% 
Ethanol.''
    (v) You must fill a 50-ml volumetric flask from the contents of the 
1000-ml flask. You must add the contents of the 50-ml volumetric flask 
to a 100-ml volumetric flask and rinse the 50-ml flask into the 100-ml 
flask with water. You must bring the volume to 100 ml with water. You 
must place the contents into a sample bottle labeled ``0.15% Ethanol.''
    (vi) With a 10-ml volumetric pipette, you must add two 10.0-ml 
volumes of water to a sample bottle labeled ``0.05% Ethanol.'' With a 
10.0-ml volumetric pipette, you must pipette 10.0 ml of the 0.15 percent 
ethanol solution into the sample bottle labeled ``0.05% Ethanol.''
    (3) For use in calibrating the GC, you must dispense samples of the 
standard solutions of ethanol in water in aliquots to appropriately 
labeled and dated glass sample bottles fitted with caps having a 
Teflon[supreg] seal. You may keep refrigerated samples unopened for 1 
month. You must prepare new calibration standards of ethanol in water at 
least monthly.
    (h) You must calibrate the brew ethanol monitor according to 
paragraphs (h)(1) through (3) of this section.
    (1) To calibrate the brew ethanol monitor, you must inject a brew 
sample into a calibrated GC and compare the simultaneous ethanol value 
given by the brew ethanol monitor to that given by the GC. You must use 
either the Porapak[supreg] Q, 80-100 mesh, 6[foot] x \1/8\, 
stainless steel packed column; or the DB Wax, 0.53 millimeter x 30 meter 
capillary column.
    (2) If a brew ethanol monitor value for ethanol differs by 20 
percent or more from the corresponding GC ethanol value, you must 
determine the brew ethanol values throughout the rest of the batch 
monitoring period by injecting brew samples into the GC not less 
frequently than once every 30 minutes. From the time at which you detect 
a difference of 20 percent or more until the batch monitoring period 
ends, the GC data will serve as the brew ethanol monitor data.
    (3) You must perform a calibration of the brew ethanol monitor at 
least four times per batch.

[[Page 303]]



Sec. 63.2165  How do I demonstrate initial compliance with the 
emission limitations if I monitor fermenter exhaust?

    (a) You must demonstrate initial compliance with each emission 
limitation in Table 1 to this subpart that applies to you according to 
the methods in Table 3 to this subpart.
    (b) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.2180(f).

                   Continuous Compliance Requirements



Sec. 63.2170  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) You must monitor and collect data according to this section and 
Sec. 63.2163 or Sec. 63.2164.
    (b) Except for periods of monitoring system malfunctions, required 
monitoring system quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
and any scheduled maintenance, you must collect data using the CEMS or 
brew ethanol monitor, as applicable, at all times during each batch 
monitoring period.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or quality control 
activities in data averages and calculations used to report emission or 
operating levels, or to fulfill a data collection requirement. You must 
use all the data collected during all other periods in assessing the 
operation of the control system.
    (d) Any hour during the batch monitoring period for which quality-
assured VOC CEMS data or brew ethanol monitor data, as applicable, are 
not obtained is a deviation from monitoring requirements and is counted 
as an hour of monitoring system downtime.



Sec. 63.2171  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) You must demonstrate continuous compliance with each emission 
limitation in Table 1 to this subpart that applies to you according to 
the methods specified in Table 4 to this subpart and the applicable 
procedures of this section.
    (b) To demonstrate compliance with emission limitations by using the 
98-Percent Option, you must calculate the percentage of within-
concentration batches (as defined in Sec. 63.2192) for each 12-month 
calculation period by following the procedures in this paragraph and 
paragraphs (e)(1) and (2) of this section. At the end of each calendar 
month, you must determine the percentage of batches that were in 
compliance with the applicable maximum concentration in the 12-month 
calculation period. The total number of batches in the calculation 
period is the sum of the numbers of batches of each fermentation stage 
for which emission limitations apply. To determine which batches are in 
the 12-month calculation period, you must include those batches for 
which the batch monitoring period ended at or after midnight on the 
first day of the period and exclude those batches for which the batch 
monitoring period did not end before midnight on the last day of the 
period.
    (c) To demonstrate compliance with emission limitations by using the 
Average Option, you must follow the procedures in this paragraph and 
paragraphs (e)(1) and (2) of this section. At the end of each calendar 
month, you must determine the average VOC concentration from all batches 
in each fermentation stage in a 12-month calculation period. To 
determine which batches are in a 12-month calculation period, you must 
include those batches for which the batch monitoring period ended at or 
after midnight on the first day of the period and exclude those batches 
for which the batch monitoring period did not end before midnight on the 
last day of the period.
    (d) To demonstrate compliance with emission limitations by using the 
Batch Option, you must determine the average VOC concentration in the 
fermenter exhaust for each batch of each fermentation stage in a 
semiannual reporting period (i.e., January 1 through June 30 or July 1 
through December 31). To determine which batches are in the semiannual 
reporting period, you must include those batches for which the batch 
monitoring period ended at or after midnight on the first day of

[[Page 304]]

the period and exclude those batches for which the batch monitoring 
period did not end before midnight on the last day of the period.
    (e) To demonstrate compliance with an emission limitation using a 
12-month calculation period, you must follow the procedures in 
paragraphs (e)(1) and (2) of this section.
    (1) The first 12-month calculation period begins on the compliance 
date that is specified for your affected source in Sec. 63.2133 and 
ends on the last day of the month that includes the date 1 year after 
your compliance date, unless the compliance date for your affected 
source is the first day of the month, in which case the first 12-month 
calculation period ends on the last day of the month that is 11 calendar 
months after the compliance date.
    (2) The second 12-month calculation period and each subsequent 12-
month calculation period begins on the first day of the month following 
the first full month of the previous 12-month calculation period and 
ends on the last day of the month 11 calendar months later.

                   Notification, Reports, and Records



Sec. 63.2180  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 (6); and 63.9(b) through (h) that apply to 
you by the dates specified.
    (b) If you start up your affected source before May 21, 2001, you 
are not subject to the initial notification requirements of Sec. 
63.9(b)(2).
    (c) If you are required to conduct a performance test as specified 
in Sec. 63.2161 to this subpart, 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).
    (d) If you are required to conduct a performance evaluation as 
specified in Sec. 63.2163, 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).
    (e) If you are required to conduct a performance test as specified 
in Table 2 to this subpart, you must submit a Notification of Compliance 
Status according to Sec. 63.9(h)(2)(ii).
    (f) For each initial compliance demonstration required in Table 3 to 
this subpart, you must submit the Notification of Compliance Status no 
later than July 31 or January 31, whichever date follows the initial 
compliance period that is specified for your affected source in Sec. 
63.2160(a) or (b). The first compliance report, described in Sec. 
63.2181(b)(1), serves as the Notification of Compliance Status.



Sec. 63.2181  What reports must I submit and when?

    (a) You must submit each report in Table 5 to this subpart that 
applies to you.
    (1) On and after October 16, 2017, you must also comply with 
reporting for performance tests or for performance evaluations as 
specified in paragraphs (a)(1)(i) and (ii) of this section.
    (i) Within 60 days after the date of completing each performance 
test as required by this subpart, you must submit the results of the 
performance test following the procedures specified in paragraphs 
(a)(1)(i)(A) through (C) of this section.
    (A) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(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 Web 
site.
    (B) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, you

[[Page 305]]

must submit the results of the performance test to the Administrator at 
the appropriate address listed in Sec. 63.13, unless the Administrator 
agrees to or specifies an alternate reporting method.
    (C) If you claim that some of the performance test information being 
submitted under paragraph (a)(1)(i)(A) of this section is confidential 
business information (CBI), you must submit a complete file generated 
through the use of the EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on the EPA's ERT Web site, 
including information claimed to be CBI, on a compact disc, flash drive, 
or other commonly used electronic storage media to the EPA. The 
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via the 
EPA's CDX as described in paragraph (a)(1)(i)(A) of this section.
    (ii) Within 60 days after the date of completing each continuous 
monitoring system performance evaluation (as defined in Sec. 63.2), you 
must submit the results of the performance evaluation following the 
procedures specified in paragraphs (a)(1)(ii)(A) through (C) of this 
section.
    (A) For performance evaluations of continuous monitoring systems 
measuring 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. 
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.
    (B) For any performance evaluations of continuous monitoring systems 
measuring RATA pollutants that are not supported by the EPA's ERT as 
listed on the EPA's ERT Web site at the time of the evaluation, you must 
submit the results of the performance evaluation to the Administrator at 
the appropriate address listed in Sec. 63.13, unless the Administrator 
agrees to or specifies an alternate reporting method.
    (C) If you claim that some of the performance evaluation information 
being submitted is CBI, then you must submit a complete file generated 
through the use of the EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on the EPA's ERT Web site, 
including information claimed to be CBI, on a compact disc, flash drive 
or other commonly used electronic storage media to the EPA. The 
electronic storage media must be clearly marked as CBI and mailed to 
U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT or alternate file with the CBI omitted must be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
according to the schedule in Table 5 to this subpart and according to 
paragraphs (b)(1) through (5) of this section.
    (1) The first compliance report must include the information 
specified in paragraph (c) of this section. If you are demonstrating 
compliance with an emission limitation using a 12-month calculation 
period (e.g., the Average Option), then the first compliance report must 
cover the period beginning on the compliance date that is specified for 
your affected source in Sec. 63.2133 and ending on either June 30 or 
December 31 (use whichever date is the first date following the end of 
the first 12 calendar months after the compliance date that is specified 
for your affected source in Sec. 63.2133). If you are demonstrating 
compliance with an emission limitation using the Batch Option, then the 
first compliance report must cover the period beginning on the 
compliance date that is specified for your affected source in Sec. 
63.2133 and ending on either June 30 or December 31 (use whichever date 
is the first date following the compliance date that is specified for 
your affected source in Sec. 63.2133).

[[Page 306]]

    (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 compliance reporting period specified in paragraph (b)(1) of this 
section.
    (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. Each subsequent 
compliance report must include the information specified in paragraph 
(c) of this section.
    (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 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.
    (c) The compliance report must contain the information listed 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 the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) For each 12-month calculation period ending on a calendar month 
that falls within a reporting period for which you are using the 98-
Percent Option to comply, the percentage of batches that are within-
concentration batches.
    (5) For each 12-month calculation period ending on a calendar month 
that falls within a reporting period for which you are using the 98-
Percent Option to comply and your affected source fails to meet an 
applicable standard, the information for each batch for which BAVOC 
exceeded the applicable maximum VOC concentration in Table 1 to this 
subpart and whether the batch was in production during a period of 
malfunction or during another period.
    (6) For each 12-month calculation period ending on a calendar month 
that falls within a reporting period for which you are using the Average 
Option to comply or for any reporting period for which you are using the 
Batch Option to comply, and your affected source meets an applicable 
standard, the information in paragraph (c)(6)(i) or (ii) of this 
section, depending on the compliance option selected from Table 1 to 
this subpart.
    (i) If you are using the Average Option to comply, the average BAVOC 
of all batches in each fermentation stage for each 12-month calculation 
period ending on a calendar month that falls within the reporting period 
that did not exceed the applicable emission limitation.
    (ii) If you are using the Batch Option to comply, a certification 
that BAVOC for each batch manufactured during the reporting period did 
not exceed applicable emission limitations.
    (7) For each 12-month calculation period ending on a calendar month 
that falls within a reporting period for which you are using the Average 
Option to comply or for any reporting period for which you are using the 
Batch Option to comply and your affected source fails to meet an 
applicable standard, the information in paragraph (c)(7)(i) or (ii) of 
this section, depending on the compliance option selected from Table 1 
to this subpart.
    (i) If you are using the Average Option to comply, the average BAVOC 
of all batches in each fermentation stage for each 12-month calculation 
period that failed to meet the applicable standard; the fermenters that 
operated in each fermentation stage that failed to meet the applicable 
standard; the duration of each failure; an estimate of the quantity of 
VOC emitted over the emission limitation; a description of the method 
used to estimate the emissions; and the actions taken to minimize 
emissions and correct the failure.
    (ii) If you are using the Batch Option to comply, the fermenters and 
batches that failed to meet the applicable standard; the date, time, and 
duration

[[Page 307]]

of each failure; an estimate of the quantity of VOC emitted over the 
emission limitation; a description of the method used to estimate the 
emissions; and the actions taken to minimize emissions and correct the 
failure.
    (8) The total operating hours for each fermenter, the total hours of 
monitoring system operation for each CEMS or brew ethanol monitor, and 
the total hours of monitoring system downtime for each CEMS or brew 
ethanol monitor.



Sec. 63.2182  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 compliance report that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) Records of failures to meet a standard, specified in Sec. 
63.2181(c)(5) and (7).
    (3) Records of performance tests and performance evaluations as 
required in Sec. 63.10(b)(2)(viii) and (ix).
    (b) For each affected source that monitors brew ethanol, you must 
keep records demonstrating the calculation of the brew-to-exhaust 
correlations specified in Sec. 63.2161.
    (c) For each CEMS and brew ethanol monitor, you must keep the 
records listed in paragraphs (c)(1) through (5) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi), (vii), (x), and 
(xi). The CEMS must allow the amount of excess zero (low-level) and 
high-level calibration drift measured at the interval checks to be 
quantified and recorded.
    (2) Records described in Sec. 63.10(c)(1) through (6).
    (3) Records of the quality control program as specified in Sec. 
63.8(d), including the program of corrective action; the current version 
of the performance evaluation test plan, as specified in Sec. 
63.8(e)(3); and previous (i.e., superseded) versions of the performance 
evaluation test plan for a period of 5 years after each revision to the 
plan.
    (4) Requests for alternatives to RATA for CEMS as required in Sec. 
63.8(f)(6)(i).
    (5) Records of each deviation from monitoring requirements, 
including a description of the time period during which the deviation 
occurred, the nature and cause of the deviation, the corrective action 
taken or preventive measures adopted, and the nature of repairs or 
adjustments to the monitoring system.
    (d) You must keep the records required to show continuous compliance 
with each emission limitation that applies to you according to the 
requirements in Table 4 to this subpart.
    (e) You must also keep the records listed in paragraphs (e)(1) 
through (3) of this section for each batch in your affected source.
    (1) Unique batch identification number.
    (2) Fermentation stage for which you are using the fermenter.
    (3) Unique CEMS equipment identification number.



Sec. 63.2183  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 may keep the 
records off site for the remaining 3 years.
    (d) 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.
    (e) You must keep written procedures documenting the CEMS quality 
control

[[Page 308]]

program 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.

                   Other Requirements and Information



Sec. 63.2190  What parts of the General Provisions apply to me?

    Table 6 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.2191  Who implements and enforces this subpart?

    (a) We, the U.S. EPA, or a delegated authority such as your state, 
local, or tribal agency, can implement and enforce this subpart. If our 
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 the U.S. EPA Regional Office that serves you 
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 our 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 listed in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the non-opacity emission limitations 
in Sec. 63.2140 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. 63.2192  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 40 
CFR 63.2, in the General Provisions of this part (Sec. Sec. 63.1 
through 63.15), and in this section as follows:
    Batch means a single fermentation cycle in a single fermentation 
vessel (fermenter).
    Batch monitoring period means the period that begins at the later of 
either the start of aeration or the addition of yeast to the fermenter; 
the period ends at the earlier of either the end of aeration or the 
point at which the yeast has begun being emptied from the fermenter.
    BAVOC means the average VOC concentration in the fermenter exhaust 
over the duration of a batch (``batch-average VOC concentration'').
    Brew means the mixture of yeast and additives in the fermenter.
    Brew ethanol means the ethanol in fermenter liquid.
    Brew ethanol monitor means the monitoring system that you use to 
measure brew ethanol to demonstrate compliance with this subpart. The 
monitoring system includes a resistance element used as an ethanol 
sensor, with the measured resistance proportional to the concentration 
of ethanol in the brew.
    Brew-to-exhaust correlation means the correlation between the 
concentration of ethanol in the brew and the concentration of VOC in the 
fermenter exhaust. This correlation is specific to each fed-batch 
fermentation stage and is established while manufacturing the product 
that comprises the largest percentage (by mass) of average annual 
production.
    Emission limitation means any emission limit or operating limit.
    Fed-batch means the yeast is fed carbohydrates and additives during 
fermentation in the vessel.
    Monitoring system malfunction means any sudden, infrequent, and 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 and to return the monitoring system to operation as 
expeditiously as practicable.

[[Page 309]]

    1-hour period means any successive period commencing on the minute 
at which the batch monitoring period begins and continuing for 60 
minutes, except for the last period, which may be less than 60 minutes.
    Product means the yeast resulting from the final stage in a 
production run. Products are distinguished by yeast species, strain, and 
variety.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Set-batch means the yeast is fed carbohydrates and additives only at 
the start of the batch.
    Specialty yeast includes, but is not limited to, yeast produced for 
use in wine, champagne, whiskey, and beer.
    Within-concentration batch means a batch for which BAVOC is not 
higher than the maximum concentration that is allowed as part of the 
applicable emission limitation.



      Sec. Table 1 to Subpart CCCC of Part 63--Emission Limitations

----------------------------------------------------------------------------------------------------------------
                                        98-percent option: You    Average option: You     Batch option: You must
                                         must not exceed the      must not exceed the         not exceed the
     For each fed-batch fermenter       following VOC emission   following VOC emission   following VOC emission
   producing yeast in the following         limitation \a\           limitation \a\           limitation \a\
       fermentation stage . . .            according to the         according to the         according to the
                                        timeline in Table 7 to   timeline in Table 7 to   timeline in Table 7 to
                                          this subpart . . .       this subpart . . .       this subpart . . .
----------------------------------------------------------------------------------------------------------------
Last stage...........................  100 ppmv (measured as    95 ppmv (measured as     100 ppmv (measured as
                                        propane) for BAVOC for   propane) for the         propane) for BAVOC for
                                        at least 98 percent of   average BAVOC of all     each batch.
                                        all batches in each 12-  batches in this stage
                                        month calculation        in each 12-month
                                        period described in      calculation period
                                        Sec. 63.2171(b) and    described in Sec.
                                        (e).                     63.2171(c) and (e).
Second-to-last stage.................  200 ppmv (measured as    190 ppmv (measured as    200 ppmv (measured as
                                        propane) for BAVOC for   propane) for the         propane) for BAVOC for
                                        at least 98 percent of   average BAVOC of all     each batch.
                                        all batches in each 12-  batches in this stage
                                        month calculation        in each 12-month
                                        period described in      calculation period
                                        Sec. 63.2171(b) and    described in Sec.
                                        (e).                     63.2171(c) and (e).
Third-to-last stage..................  300 ppmv (measured as    285 ppmv (measured as    300 ppmv (measured as
                                        propane) for BAVOC for   propane) for the         propane) for BAVOC for
                                        at least 98 percent of   average BAVOC of all     each batch.
                                        all batches in each 12-  batches in this stage
                                        month calculation        in each 12-month
                                        period described in      calculation period
                                        Sec. 63.2171(b) and    described in Sec.
                                        (e).                     63.2171(c) and (e).
----------------------------------------------------------------------------------------------------------------
\a\ The emission limitation does not apply during the production of specialty yeast.



 Sec. Table 2 to Subpart CCCC of Part 63--Requirements for Performance 
                    Tests If You Monitor Brew Ethanol

------------------------------------------------------------------------
For each fed-batch fermenter
   for which compliance is
  determined by monitoring
 brew ethanol concentration
     and calculating VOC                              According to the
    concentration in the           Using . . .            following
 fermenter exhaust according                         requirements . . .
  to the procedures in Sec.
   63.2161, you must . . .
 
------------------------------------------------------------------------
Measure VOC as propane......  Method 25A,\a\ or an  You must measure the
                               alternative           VOC concentration
                               validated by EPA      in the fermenter
                               Method 301 \b\ and    exhaust at any
                               approved by the       point prior to the
                               Administrator.        dilution of the
                                                     exhaust stream.
------------------------------------------------------------------------
\a\ EPA Test Method 25A is found in appendix A-7 of 40 CFR part 60.
\b\ EPA Test Method 301 is found in appendix A of 40 CFR part 63.



    Sec. Table 3 to Subpart CCCC of Part 63--Initial Compliance With 
                          Emission Limitations

------------------------------------------------------------------------
                               Average option: You    Batch option: You
                                have demonstrated     have demonstrated
          For . . .            initial compliance    initial compliance
                                    if . . .              if . . .
------------------------------------------------------------------------
Each fed-batch fermenter      The average BAVOC of  BAVOC for each batch
 producing yeast in a          all batches in each   of each
 fermentation stage (last,     fermentation stage    fermentation stage
 second-to-last, or third-to-  during the initial    during the initial
 last) for which compliance    compliance period     compliance period
 is determined by monitoring   described in Sec. described in Sec.
 VOC concentration in the      63.2160(a) does not   63.2160(b) does not
 fermenter exhaust.            exceed the            exceed the
                               applicable            applicable
                               concentration in      concentration in
                               Table 1 to this       Table 1 to this
                               subpart.              subpart.
------------------------------------------------------------------------


[[Page 310]]



  Sec. Table 4 to Subpart CCCC of Part 63--Continuous Compliance With 
                          Emission Limitations

----------------------------------------------------------------------------------------------------------------
                                        98-percent option: You    Average option: You
                                           must demonstrate         must demonstrate      Batch option: You must
              For . . .                 continuous compliance    continuous compliance    demonstrate continuous
                                               by . . .                 by . . .           compliance by . . .
----------------------------------------------------------------------------------------------------------------
1. Each fed-batch fermenter producing  Showing that BAVOC for   Showing that the         Showing that BAVOC for
 yeast in a fermentation stage (last,   at least 98 percent of   average BAVOC of all     each batch within a
 second-to-last, or third-to-last)      the batches for each     batches in each          semiannual reporting
 for which compliance is determined     12-month calculation     fermentation stage       period described in
 by monitoring VOC concentration in     period ending within a   during each 12-month     Sec. 63.2181(b)(3)
 the fermenter exhaust.                 semiannual reporting     calculation period       does not exceed the
2. Each fed-batch fermenter producing   period described in      ending within a          applicable
 yeast in a fermentation stage (last,   Sec. 63.2181(b)(3)     semiannual reporting     concentration in Table
 second-to-last, or third-to-last)      does not exceed the      period described in      1 to this subpart.
 for which compliance is determined     applicable maximum       Sec. 63.2181(b)(3)
 by monitoring brew ethanol             concentration in Table   does not exceed the
 concentration and calculating VOC      1 to this subpart.       applicable
 concentration in the fermenter                                  concentration in Table
 exhaust according to the procedures                             1 to this subpart.
 in Sec. 63.2161 \a\.
----------------------------------------------------------------------------------------------------------------
\a\ Monitoring brew ethanol concentration to demonstrate compliance is not allowed on and after October 16,
  2020, as specified in Table 8 to this subpart.



    Sec. Table 5 to Subpart CCCC of Part 63--Requirements for Reports

------------------------------------------------------------------------
                                 The report must     You must submit the
   You must submit a . . .        contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report........  a. The information    Semiannually
                               described in Sec. according to the
                               63.2181(c), as        requirements in
                               appropriate.          Sec. 63.2181(b).
                              b. If you fail to     Semiannually
                               meet an applicable    according to the
                               standard during the   requirements in
                               reporting period,     Sec. 63.2181(b).
                               then the compliance
                               report must include
                               the information in
                               Sec.
                               63.2181(c)(5) or
                               (7).
2. Performance test report..  The results of the    At least once every
                               performance test,     365 calendar days
                               including the         and according to
                               information           the requirements in
                               described in Sec. Sec.
                               63.7(g).              63.2181(a)(1)(i).
3. Performance evaluation     The results of the    At least once every
 report.                       performance           twelve calendar
                               evaluation,           quarters and
                               including             according to the
                               information from      requirements in
                               the performance       Sec. Sec.
                               evaluation plan at    63.2163(f) and
                               Sec. 63.8(e)(3).    63.2181(a)(1)(ii).
------------------------------------------------------------------------



   Sec. Table 6 to Subpart CCCC of Part 63--Applicability of General 
                       Provisions to Subpart CCCC

------------------------------------------------------------------------
                                                  Applicable to subpart
         Citation                Subject                  CCCC?
------------------------------------------------------------------------
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      1. Sec. 63.6(e)(1)(i)
                            Standards and        does not apply, instead
                            Maintenance          specified in Sec.
                            Requirements.        63.2150(d).
                                                2. Sec.
                                                 63.6(e)(1)(ii), (e)(3),
                                                 (f)(1), and (h) do not
                                                 apply.
                                                3. Otherwise, all apply.
Sec. 63.7..............  Performance Testing  1. Sec. 63.7(a)(1) and
                            Requirements.        (2) do not apply,
                                                 instead specified in
                                                 Sec. 63.2162.
                                                2. Sec. 63.7(e)(1) and
                                                 (e)(3) do not apply,
                                                 instead specified in
                                                 Sec. 63.2161(b).
                                                3. Otherwise, all apply.
Sec. 63.8..............  Monitoring           1. Sec. 63.8(a)(2) is
                            Requirements.        modified by Sec.
                                                 63.2163.
                                                2. Sec. 63.8(d)(3) is
                                                 modified by Sec.
                                                 63.2182(c)(3) and Sec.
                                                  63.2183(e).
                                                3. Sec. 63.8(a)(4),
                                                 (c)(1)(i), (c)(1)(iii),
                                                 (c)(4)(i), (c)(5),
                                                 (e)(5)(ii), and (g)(5)
                                                 do not apply.
                                                4. Sec. 63.8(c)(6),
                                                 (c)(8), (e)(4), (g)(1),
                                                 and (g)(3) do not
                                                 apply, instead
                                                 specified in Sec. Sec.
                                                   63.2163(b) and (j),
                                                 63.2164(c), and
                                                 63.2182(c)(1) and (5).
                                                5. Otherwise, all apply.

[[Page 311]]

 
Sec. 63.9..............  Notification         1. Sec. 63.9(b)(2)
                            Requirements.        does not apply because
                                                 rule omits requirements
                                                 for initial
                                                 notification for
                                                 affected sources that
                                                 start up prior to May
                                                 21, 2001.
                                                2. Sec. 63.9(f) does
                                                 not apply.
                                                3. Otherwise, all apply.
Sec. 63.10.............  Recordkeeping and    1. Sec.
                            Reporting            63.10(b)(2)(ii) does
                            Requirements.        not apply, instead
                                                 specified in Sec.
                                                 63.2182(a)(2) and
                                                 (c)(5).
                                                2. Sec.
                                                 63.10(b)(2)(i),
                                                 (b)(2)(iv), (b)(2)(v),
                                                 (c)(15), (d)(3),
                                                 (e)(2)(ii), and (e)(3)
                                                 and (4) do not apply.
                                                3. Sec. 63.10(d)(5)
                                                 does not apply, instead
                                                 specified in Sec.
                                                 63.2181(c)(5) and (7).
                                                4. Otherwise, all apply.
Sec. 63.11.............  Flares.............  No.
Sec. 63.12.............  Delegation.........  Yes.
Sec. 63.13.............  Addresses..........  Yes.
Sec. 63.14.............  Incorporation by     Yes.
                            Reference.
Sec. 63.15.............  Availability of      Yes.
                            Information.
------------------------------------------------------------------------



      Sec. Table 7 to Subpart CCCC of Part 63--Emission Limitation 
                         Applicability Timeline

------------------------------------------------------------------------
                                                    You must comply with
                                                        the emission
       For each . . .           During this time    limitations in Table
                                   frame . . .        1 to this subpart
                                                       using the . . .
------------------------------------------------------------------------
Existing affected source....  Before 10/16/2017...  98-Percent Option.
                              Between 10/16/2017    98-Percent Option,
                               and October 16,       Average Option, or
                               2018.                 Batch Option.
                              On and after October  Average Option or
                               16, 2018.             Batch Option.
New or reconstructed          Before 10/16/2017...  98-Percent Option.
 affected source that you     Between 10/16/2017    98-Percent Option,
 start up prior to 10/16/      and October 16,       Average Option, or
 2017.                         2018.                 Batch Option.
                              On and after October  Average Option or
                               16, 2018.             Batch Option.
New or reconstructed          After 10/16/2017....  Average Option or
 affected source that you                            Batch Option.
 start up after 10/16/2017.
------------------------------------------------------------------------



Sec. Table 8 to Subpart CCCC of Part 63--Monitoring System Requirements 
                                Timeline

------------------------------------------------------------------------
                                                    You must monitor VOC
       For each . . .           During this time    concentration by . .
                                   frame . . .                .
------------------------------------------------------------------------
Existing affected source....  Before 10/16/2017...  Monitoring fermenter
                                                     exhaust using a
                                                     CEMS or by
                                                     monitoring brew
                                                     ethanol
                                                     concentration using
                                                     a brew ethanol
                                                     monitor.
                              Between 10/16/2017    Monitoring fermenter
                               and October 16,       exhaust using a VOC
                               2020.                 CEMS or by
                                                     monitoring brew
                                                     ethanol
                                                     concentration using
                                                     a brew ethanol
                                                     monitor.
                              On and after October  Monitoring fermenter
                               16, 2020.             exhaust using a VOC
                                                     CEMS.
New or reconstructed          Before 10/16/2017...  Monitoring fermenter
 affected source that you                            exhaust using a
 start up prior to 10/16/                            CEMS or by
 2017.                                               monitoring brew
                                                     ethanol
                                                     concentration using
                                                     a brew ethanol
                                                     monitor.
                              Between 10/16/2017    Monitoring fermenter
                               and October 16,       exhaust using a VOC
                               2020.                 CEMS or by
                                                     monitoring brew
                                                     ethanol
                                                     concentration using
                                                     a brew ethanol
                                                     monitor.
                              On and after October  Monitoring fermenter
                               16, 2020.             exhaust using a VOC
                                                     CEMS.
New or reconstructed          After 10/16/2017....  Monitoring fermenter
 affected source that you                            exhaust using a VOC
 start up after 10/16/2017.                          CEMS.
------------------------------------------------------------------------


[[Page 312]]



 Subpart DDDD_National Emission Standards for Hazardous Air Pollutants: 
                   Plywood and Composite Wood Products

    Source: 69 FR 46011, July 30, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.2230  What is the purpose of this subpart?

    This subpart establishes national compliance options, operating 
requirements, and work practice requirements for hazardous air 
pollutants (HAP) emitted from plywood and composite wood products (PCWP) 
manufacturing facilities. This subpart also establishes requirements to 
demonstrate initial and continuous compliance with the compliance 
options, operating requirements, and work practice requirements.



Sec. 63.2231  Does this subpart apply to me?

    This subpart applies to you if you meet the criteria in paragraphs 
(a) and (b) of this section.
    (a) You own or operate a PCWP manufacturing facility. A PCWP 
manufacturing facility is a facility that manufactures plywood and/or 
composite wood products by bonding wood material (fibers, particles, 
strands, veneers, etc.) or agricultural fiber, generally with resin 
under heat and pressure, to form a structural panel or engineered wood 
product. Plywood and composite wood products manufacturing facilities 
also include facilities that manufacture dry veneer and lumber kilns 
located at any facility. Plywood and composite wood products include, 
but are not limited to, plywood, veneer, particleboard, oriented 
strandboard, hardboard, fiberboard, medium density fiberboard, laminated 
strand lumber, laminated veneer lumber, wood I-joists, kiln-dried 
lumber, and glue-laminated beams.
    (b) The PCWP manufacturing facility is located at a major source of 
HAP emissions. A major source of HAP emissions is any stationary source 
or group of stationary sources within a contiguous area and 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.

[69 FR 46011, July 30, 2004, as amended at 72 FR 61062, Oct. 29, 2007]



Sec. 63.2232  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source at a PCWP manufacturing facility.
    (b) The affected source is the collection of dryers, refiners, 
blenders, formers, presses, board coolers, and other process units 
associated with the manufacturing of plywood and composite wood 
products. The affected source includes, but is not limited to, green end 
operations, refining, drying operations (including any combustion unit 
exhaust stream routinely used to direct fire process unit(s)), resin 
preparation, blending and forming operations, pressing and board cooling 
operations, and miscellaneous finishing operations (such as sanding, 
sawing, patching, edge sealing, and other finishing operations not 
subject to other national emission standards for hazardous air 
pollutants (NESHAP)). The affected source also includes onsite storage 
and preparation of raw materials used in the manufacture of plywood and/
or composite wood products, such as resins; onsite wastewater treatment 
operations specifically associated with plywood and composite wood 
products manufacturing; and miscellaneous coating operations (Sec. 
63.2292). The affected source includes lumber kilns at PCWP 
manufacturing facilities and at any other kind of facility.
    (c) An affected source is a new affected source if you commenced 
construction of the affected source after January 9, 2003, and you meet 
the applicability criteria at the time you commenced construction.
    (d) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.

[69 FR 46011, July 30, 2004, as amended at 71 FR 8371, Feb. 16, 2006]

[[Page 313]]



Sec. 63.2233  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 paragraph (a)(1) or (2) of this 
section, whichever is applicable.
    (1) If the initial startup of your affected source is before 
September 28, 2004, then you must comply with the compliance options, 
operating requirements, and work practice requirements for new and 
reconstructed sources in this subpart no later than September 28, 2004, 
except as otherwise specified in Sec. Sec. 63.2250, 63.2280(b) and (d), 
63.2281(b)(6), and 63.2282(a)(2) and Tables 3, 6, 7, 8, 9, and 10 to 
this subpart.
    (2) If the initial startup of your affected source is after 
September 28, 2004, then you must comply with the compliance options, 
operating requirements, and work practice requirements for new and 
reconstructed sources in this subpart upon initial startup of your 
affected source, except as otherwise specified in Sec. Sec. 63.2250, 
63.2280(b) and (d), 63.2281(b)(6), and 63.2282(a)(2) and Tables 3, 6, 7, 
8, 9, and 10 to this subpart.
    (b) If you have an existing affected source, you must comply with 
the compliance options, operating requirements, and work practice 
requirements for existing sources no later than October 1, 2007, except 
as otherwise specified in Sec. Sec. 63.2240(c)(2)(vi)(A), 63.2250, 
63.2280(b) and (d), 63.2281(b)(6) and (c)(4), and 63.2282(a)(2) and 
Tables 3, 6, 7, 8, 9, and 10 to this subpart.
    (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, you must 
be in compliance with this subpart by October 1, 2007 or upon initial 
startup of your affected source as a major source, whichever is later.
    (d) You must meet the notification requirements according to the 
schedule in Sec. 63.2280 and according to 40 CFR part 63, subpart A. 
Some of the notifications must be submitted before you are required to 
comply with the compliance options, operating requirements, and work 
practice requirements in this subpart.

[69 FR 46011, July 30, 2004, as amended at 71 FR 8372, Feb. 16, 2006; 72 
FR 61062, Oct. 29, 2007; 85 FR 49455, Aug. 13, 2020]

     Compliance Options, Operating Requirements, and Work Practice 
                              Requirements



Sec. 63.2240  What are the compliance options and operating 
requirements and how must I meet them?

    You must meet the compliance options and operating requirements 
described in Tables 1A, 1B, and 2 to this subpart and in paragraph (c) 
of this section by using one or more of the compliance options listed in 
paragraphs (a), (b), and (c) of this section. The process units subject 
to the compliance options are listed in Tables 1A and 1B to this subpart 
and are defined in Sec. 63.2292. You need only to meet one of the 
compliance options outlined in paragraphs (a) through (c) of this 
section for each process unit. You cannot combine compliance options in 
paragraph (a), (b), or (c) for a single process unit. (For example, you 
cannot use a production-based compliance option in paragraph (a) for one 
vent of a veneer dryer and an add-on control system compliance option in 
paragraph (b) for another vent on the same veneer dryer. You must use 
either the production-based compliance option or an add-on control 
system compliance option for the entire dryer.)
    (a) Production-based compliance options. You must meet the 
production-based total HAP compliance options in Table 1A to this 
subpart and the applicable operating requirements in Table 2 to this 
subpart. You may not use an add-on control system or wet control device 
to meet the production-based compliance options.
    (b) Compliance options for add-on control systems. You must use an 
emissions control system and demonstrate that the resulting emissions 
meet the compliance options and operating requirements in Tables 1B and 
2 to this subpart. If you own or operate a reconstituted wood product 
press at a new or existing affected source or a reconstituted wood 
product board cooler at a new affected source, and you choose to

[[Page 314]]

comply with one of the concentration-based compliance options for a 
control system outlet (presented as option numbers 2, 4, and 6 in Table 
1B to this subpart), you must have a capture device that either meets 
the definition of wood products enclosure in Sec. 63.2292 or achieves a 
capture efficiency of greater than or equal to 95 percent.
    (c) Emissions averaging compliance option (for existing sources 
only). Using the procedures in paragraphs (c)(1) through (3) of this 
section, you must demonstrate that emissions included in the emissions 
average meet the compliance options and operating requirements. New 
sources may not use emissions averaging to comply with this subpart.
    (1) Calculation of required and actual mass removal. Limit emissions 
of total HAP, as defined in Sec. 63.2292, to include acetaldehyde, 
acrolein, formaldehyde, methanol, phenol, and propionaldehyde from your 
affected source to the standard specified by Equations 1, 2, and 3 of 
this section.
[GRAPHIC] [TIFF OMITTED] TR72AD04.000

[GRAPHIC] [TIFF OMITTED] TR72AD04.001

[GRAPHIC] [TIFF OMITTED] TR72AD04.002

Where:

RMR = required mass removal of total HAP from all process units 
          generating debits (i.e., all process units that are subject to 
          the compliance options in Tables 1A and 1B to this subpart and 
          that are either uncontrolled or under-controlled), pounds per 
          semiannual period;
AMR = actual mass removal of total HAP from all process units generating 
          credits (i.e., all process units that are controlled as part 
          of the Emissions Averaging Plan including credits from debit-
          generating process units that are under-controlled), pounds 
          per semiannual period;
UCEPi = mass of total HAP from an uncontrolled or under-
          controlled process unit (i) that generates debits, pounds per 
          hour;
OHi = number of hours a process unit (i) is operated during 
          the semiannual period, hours per 6-month period;
CDi = control system efficiency for the emission point (i) 
          for total HAP, expressed as a fraction, and not to exceed 90 
          percent, unitless (Note: To calculate the control system 
          efficiency of biological treatment units that do not meet the 
          definition of biofilter in Sec. 63.2292, you must use 40 CFR 
          part 63, appendix C, Determination of the Fraction Biodegraded 
          (Fbio) in a Biological Treatment Unit.);
OCEPi = mass of total HAP from a process unit (i) that 
          generates credits (including credits from debit-generating 
          process units that are under-controlled), pounds per hour;
0.90 = required control system efficiency of 90 percent multiplied, 
          unitless.

    (2) Requirements for debits and credits. You must calculate debits 
and credits as specified in paragraphs (c)(2)(i) through (vi) of this 
section.
    (i) You must limit process units in the emissions average to those 
process units located at the existing affected source as defined in 
Sec. 63.2292.
    (ii) You cannot use nonoperating process units to generate emissions 
averaging credits. You cannot use process units that are shut down to 
generate emissions averaging debits or credits.
    (iii) You may not include in your emissions average process units 
controlled to comply with a State, Tribal, or Federal rule other than 
this subpart.
    (iv) You must use actual measurements of total HAP emissions from 
process units to calculate your required mass removal (RMR) and actual 
mass removal (AMR). The total HAP measurements must be obtained 
according to Sec. 63.2262(b) through (d), (g), and (h), using the 
methods specified in Table 4 to this subpart.
    (v) Your initial demonstration that the credit-generating process 
units will be capable of generating enough credits to offset the debits 
from the debit-generating process units must be made under 
representative operating conditions. After the compliance date, you must 
use actual operating data for all debit and credit calculations.
    (vi) Do not include emissions from the following time periods in 
your emissions averaging calculations:
    (A) Before August 13, 2021, emissions during periods of startup, 
shutdown, and malfunction as described in the startup, shutdown, and 
malfunction plan (SSMP). On and after August 13, 2021, emissions during 
safety-related shutdowns, pressurized refiner startups

[[Page 315]]

and shutdowns, or startup and shutdown of direct-fired softwood veneer 
dryer gas-fired burners.
    (B) Emissions during periods of monitoring malfunctions, associated 
repairs, and required quality assurance or control activities or during 
periods of control device maintenance covered in your routine control 
device maintenance exemption. No credits may be assigned to credit-
generating process units, and maximum debits must be assigned to debit-
generating process units during these periods.
    (3) Operating requirements. You must meet the operating requirements 
in Table 2 to this subpart for each process unit or control device used 
in calculation of emissions averaging credits.

[69 FR 46011, July 30, 2004, as amended at 85 FR 49455, Aug. 13, 2020]



Sec. 63.2241  What are the work practice requirements and how must I meet them?

    (a) You must meet each work practice requirement in Table 3 to this 
subpart that applies to you.
    (b) As provided in Sec. 63.6(g), we, the EPA, may choose to grant 
you permission to use an alternative to the work practice requirements 
in this section.
    (c) If you have a dry rotary dryer, you may choose to designate your 
dry rotary dryer as a green rotary dryer and meet the more stringent 
compliance options and operating requirements in Sec. 63.2240 for green 
rotary dryers instead of the work practices for dry rotary dryers. If 
you have a hardwood veneer dryer or veneer redryer, you may choose to 
designate your hardwood veneer dryer or veneer redryer as a softwood 
veneer dryer and meet the more stringent compliance options and 
operating requirements in Sec. 63.2240 for softwood veneer dryer heated 
zones instead of the work practices for hardwood veneer dryers or veneer 
redryers.

                     General Compliance Requirements



Sec. 63.2250  What are the general requirements?

    (a) You must be in compliance with the compliance options, operating 
requirements, and the work practice requirements in this subpart at all 
times, except during periods of process unit or control device startup, 
shutdown, and malfunction; prior to process unit initial startup; and 
during the routine control device maintenance exemption specified in 
Sec. 63.2251. The compliance options, operating requirements, and work 
practice requirements do not apply during times when the process unit(s) 
subject to the compliance options, operating requirements, and work 
practice requirements are not operating, or during periods of startup, 
shutdown, and malfunction. Startup and shutdown periods must not exceed 
the minimum amount of time necessary for these events. For any affected 
source that commences construction or reconstruction after September 6, 
2019, this paragraph (a) does not apply on and after August 13, 2020 or 
initial startup of the affected source, whichever is later. For all 
other affected sources, this paragraph (a) does not apply on and after 
August 13, 2021.
    (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). For any affected source that 
commences construction or reconstruction after September 6, 2019, this 
paragraph (b) does not apply on and after August 13, 2020 or initial 
startup of the affected source, whichever is later. For all other 
affected sources, this paragraph (b) does not apply on and after August 
13, 2021.
    (c) You must develop a written SSMP according to the provisions in 
Sec. 63.6(e)(3). For any affected source that commences construction or 
reconstruction after September 6, 2019, this paragraph (c) does not 
apply on and after August 13, 2020 or initial startup of the affected 
source, whichever is later. For all other affected sources, this 
paragraph (c) does not apply on and after August 13, 2021.
    (d) Shutoff of direct-fired burners resulting from partial and full 
production stoppages of direct-fired softwood veneer dryers or over-
temperature events shall be deemed shutdowns and not malfunctions. 
Lighting or re-lighting any one or all gas burners in direct-

[[Page 316]]

fired softwood veneer dryers shall be deemed startups and not 
malfunctions.
    (e) You must be in compliance with the provisions of subpart A of 
this part, except as noted in Table 10 to this subpart.
    (f) Upon August 13, 2020 or initial startup of the affected source, 
whichever is later, for affected sources that commenced construction or 
reconstruction after September 6, 2019, and on and after August 13, 2021 
for all other affected sources, you must be in compliance with the 
compliance options, operating requirements, and the work practice 
requirements in this subpart when the process unit(s) subject to the 
compliance options, operating requirements, and work practice 
requirements are operating, except as specified in paragraphs (f)(1) 
through (6) of this section.
    (1) Prior to process unit initial startup.
    (2) During safety-related shutdowns conducted according to the work 
practice requirement in Table 3 to this subpart.
    (3) During pressurized refiner startup and shutdown according to the 
work practice requirement in Table 3 to this subpart.
    (4) During startup and shutdown of direct-fired softwood veneer 
dryer gas-fired burners according to the work practice requirement in 
Table 3 to this subpart.
    (5) You must minimize the length of time when compliance options and 
operating requirements in this subpart are not met due to the conditions 
in paragraphs (f)(2) and (4) of this section.
    (6) The applicable standard during each of the operating conditions 
specified in paragraphs (f)(2) through (4) of this section are the work 
practice requirements in Table 3 to this subpart for safety-related 
shutdowns (row 6), pressurized refiner startup and shutdown (row 7), and 
direct-fired softwood veneer dryers undergoing startup or shutdown of 
gas-fired burners (row 8). The otherwise applicable compliance options, 
operating requirements, and work practice requirements (in rows 1 
through 5 of Table 3 to this subpart) do not apply during the operating 
conditions specified in paragraphs (f)(2) through (4) of this section.
    (g) For affected sources that commenced construction or 
reconstruction after September 6, 2019, and for all other affected 
sources on and after August 13, 2021, 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. 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.

[69 FR 46011, July 30, 2004, as amended at 71 FR 8372, Feb. 16, 2006; 71 
FR 20463, Apr. 20, 2006; 85 FR 49455, Aug. 13, 2020]



Sec. 63.2251  What are the requirements for the routine control
device maintenance exemption?

    (a) You may request a routine control device maintenance exemption 
from the EPA Administrator for routine maintenance events such as 
control device bakeouts, washouts, media replacement, and replacement of 
corroded parts. 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 process shutdowns, describe how you plan 
to make reasonable efforts to minimize emissions during the maintenance, 
and provide any other documentation required by the EPA Administrator.
    (b) The routine control device maintenance exemption must not exceed 
the percentages of process unit operating uptime in paragraphs (b)(1) 
and (2) of this section.

[[Page 317]]

    (1) If the control device is used to control a green rotary dryer, 
tube dryer, rotary strand dryer, or pressurized refiner, then the 
routine control device maintenance exemption must not exceed 3 percent 
of annual operating uptime for each process unit controlled.
    (2) If the control device is used to control a softwood veneer 
dryer, reconstituted wood product press, reconstituted wood product 
board cooler, hardboard oven, press predryer, conveyor strand dryer, or 
fiberboard mat dryer, then the routine control device maintenance 
exemption must not exceed 0.5 percent of annual operating uptime for 
each process unit controlled.
    (3) If the control device is used to control a combination of 
equipment listed in both paragraphs (b)(1) and (2) of this section, such 
as a tube dryer and a reconstituted wood product press, then the routine 
control device maintenance exemption must not exceed 3 percent of annual 
operating uptime for each process unit controlled.
    (c) The request for the routine control device maintenance 
exemption, if approved by the EPA Administrator, must be IBR in and 
attached to the affected source's title V permit.
    (d) The compliance options and operating requirements do not apply 
during times when control device maintenance covered under your approved 
routine control device maintenance exemption is performed. You must 
minimize emissions to the greatest extent possible during these routine 
control device maintenance periods.
    (e) To the extent practical, startup and shutdown of emission 
control systems must be scheduled during times when process equipment is 
also shut down.



Sec. 63.2252  What are the requirements for process units that have
no control or work practice requirements?

    For process units not subject to the compliance options or work 
practice requirements specified in Sec. 63.2240 (including, but not 
limited to, lumber kilns), you are not required to comply with the 
compliance options, work practice requirements, performance testing, 
monitoring, and recordkeeping or reporting requirements of this subpart, 
or any other requirements in subpart A of this part, except for the 
initial notification requirements in Sec. 63.9(b).

[85 FR 49455, Aug. 13, 2020]

                     Initial Compliance Requirements



Sec. 63.2260  How do I demonstrate initial compliance with the
compliance options, operating requirements, and work practice requirements?

    (a) To demonstrate initial compliance with the compliance options 
and operating requirements, you must conduct performance tests and 
establish each site-specific operating requirement in Table 2 to this 
subpart according to the requirements in Sec. 63.2262 and Table 4 to 
this subpart. Combustion units that accept process exhausts into the 
flame zone are exempt from the initial performance testing and operating 
requirements for thermal oxidizers.
    (b) You must demonstrate initial compliance with each compliance 
option, operating requirement, and work practice requirement that 
applies to you according to Tables 5 and 6 to this subpart and according 
to Sec. Sec. 63.2260 through 63.2269 of 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. 63.2280(d).



Sec. 63.2261  By what date must I conduct performance tests or
other initial compliance demonstrations?

    (a) You must conduct performance tests upon initial startup or no 
later than 180 calendar days after the compliance date that is specified 
for your source in Sec. 63.2233 and according to Sec. 63.7(a)(2), 
whichever is later.
    (b) You must conduct initial compliance demonstrations that do not 
require performance tests upon initial startup or no later than 30 
calendar days after the compliance date that is specified for your 
source in Sec. 63.2233, whichever is later.

[[Page 318]]



Sec. 63.2262  How do I conduct performance tests and establish
operating requirements?

    (a) Testing procedures. You must conduct each performance test 
according to the requirements in paragraphs (b) through (o) of this 
section and according to the methods specified in Table 4 to this 
subpart.
    (b) Periods when performance tests must be conducted. You must 
conduct each performance test based on representative performance (i.e., 
performance based on representative operating conditions as defined in 
Sec. 63.2292) 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 describe representative operating conditions in your performance 
test report for the process and control systems and explain why they are 
representative. 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 are 
representative. Upon request, you shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (c) Number of test runs. 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 except for: testing 
of a temporary total enclosure (TTE) conducted using Methods 204A 
through 204F of 40 CFR part 51, appendix M, which require three separate 
test runs of at least 3 hours each; and testing of an enclosure 
conducted using the alternative tracer gas method in appendix A to this 
subpart, which requires a minimum of three separate runs of at least 20 
minutes each.
    (d) Location of sampling sites. (1) Sampling sites must be located 
at the inlet (if emission reduction testing or documentation of inlet 
methanol or formaldehyde concentration is required) and outlet of the 
control device (defined in Sec. 63.2292) and prior to any releases to 
the atmosphere. For control sequences with wet control devices (defined 
in Sec. 63.2292) followed by control devices (defined in Sec. 
63.2292), sampling sites may be located at the inlet and outlet of the 
control sequence and prior to any releases to the atmosphere.
    (2) Sampling sites for process units meeting compliance options 
without a control device must be located prior to any releases to the 
atmosphere. Facilities demonstrating compliance with a production-based 
compliance option for a process unit equipped with a wet control device 
must locate sampling sites prior to the wet control device.
    (e) Collection of monitoring data. You must collect operating 
parameter monitoring system or continuous emissions monitoring system 
(CEMS) data at least every 15 minutes during the entire performance test 
and determine the parameter or concentration value for the operating 
requirement during the performance test using the methods specified in 
paragraphs (k) through (o) of this section.
    (f) Collection of production data. To comply with any of the 
production-based compliance options, you must measure and record the 
process unit throughput during each performance test.
    (g) Nondetect data. (1) Except as specified in paragraph (g)(2) of 
this section, all nondetect data (Sec. 63.2292) must be treated as one-
half of the method detection limit when determining total HAP, 
formaldehyde, methanol, or total hydrocarbon (THC) emission rates.
    (2) When showing compliance with the production-based compliance 
options in Table 1A to this subpart, you may treat emissions of an 
individual HAP as zero if all three of the performance test runs result 
in a nondetect measurement, and the method detection limit is less than 
or equal to 1 parts per million by volume, dry basis (ppmvd). Otherwise, 
nondetect data for individual HAP must be treated as one-half of the 
method detection limit.
    (h) Calculation of percent reduction across a control system. When 
determining the control system efficiency for any control system 
included in your emissions averaging plan (not to exceed 90 percent) and 
when complying with any of the compliance options based on percent 
reduction across a

[[Page 319]]

control system in Table 1B to this subpart, as part of the performance 
test, you must calculate the percent reduction using Equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR72AD04.003

Where:

PR = percent reduction, percent;
CE = capture efficiency, percent (determined for reconstituted wood 
          product presses and board coolers as required in Table 4 to 
          this subpart);
ERin = emission rate of total HAP (calculated as the sum of 
          the emission rates of acetaldehyde, acrolein, formaldehyde, 
          methanol, phenol, and propionaldehyde), THC, formaldehyde, or 
          methanol in the inlet vent stream of the control device, 
          pounds per hour;
ERout = emission rate of total HAP (calculated as the sum of 
          the emission rates of acetaldehyde, acrolein, formaldehyde, 
          methanol, phenol, and propionaldehyde), THC, formaldehyde, or 
          methanol in the outlet vent stream of the control device, 
          pounds per hour.

    (i) Calculation of mass per unit production. To comply with any of 
the production-based compliance options in Table 1A to this subpart, you 
must calculate your mass per unit production emissions for each 
performance test run using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR72AD04.004

Where:

MP = mass per unit production, pounds per oven dried ton OR pounds per 
          thousand square feet on a specified thickness basis (see 
          paragraph (j) of this section if you need to convert from one 
          thickness basis to another);
ERHAP = emission rate of total HAP (calculated as the sum of 
          the emission rates of acetaldehyde, acrolein, formaldehyde, 
          methanol, phenol, and propionaldehyde) in the stack, pounds 
          per hour;
P = process unit production rate (throughput), oven dried tons per hour 
          OR thousand square feet per hour on a specified thickness 
          basis;
CE = capture efficiency, percent (determined for reconstituted wood 
          product presses and board coolers as required in Table 4 to 
          this subpart).

    (j) Thickness basis conversion. Use Equation 3 of this section to 
convert from one thickness basis to another:
[GRAPHIC] [TIFF OMITTED] TR72AD04.005

Where:

MSFA = thousand square feet on an A-inch basis;
MSFB = thousand square feet on a B-inch basis;
A = old thickness you are converting from, inches;
B = new thickness you are converting to, inches.

    (k) Establishing thermal oxidizer operating requirements. If you 
operate a thermal oxidizer, you must establish your thermal oxidizer 
operating parameters according to paragraphs (k)(1) through (3) of this 
section.
    (1) During the performance test, you must continuously monitor the 
firebox temperature during each of the required 1-hour test runs. For 
regenerative thermal oxidizers, you may measure the temperature in 
multiple locations (e.g., one location per burner) in the combustion 
chamber and calculate the average of the temperature measurements prior 
to reducing the temperature data to 15-minute averages for purposes of 
establishing your minimum firebox temperature. The minimum firebox 
temperature must then be established as the average of the three minimum 
15-minute firebox temperatures monitored during the three test runs. 
Multiple three-run performance tests may be conducted to establish a 
range of parameter values under different operating conditions.
    (2) You may establish a different minimum firebox temperature for 
your thermal oxidizer by submitting the notification specified in Sec. 
63.2280(g) and conducting a repeat performance test as specified in 
paragraph (k)(1) of this section that demonstrates compliance with the 
applicable compliance options of this subpart.
    (3) If your thermal oxidizer is a combustion unit that accepts 
process exhaust into the flame zone, then you are exempt from the 
performance testing and monitoring requirements specified in paragraphs 
(k)(1) and (2) of this section. To demonstrate initial compliance, you 
must submit documentation with your Notification of Compliance Status 
showing that process exhausts

[[Page 320]]

controlled by the combustion unit enter into the flame zone.
    (l) Establishing catalytic oxidizer operating requirements. If you 
operate a catalytic oxidizer, you must establish your catalytic oxidizer 
operating parameters according to paragraphs (l)(1) and (2) of this 
section.
    (1) During the performance test, you must continuously monitor 
during the required 1-hour test runs either the temperature at the inlet 
to each catalyst bed or the temperature in the combustion chamber. For 
regenerative catalytic oxidizers, you must calculate the average of the 
temperature measurements from each catalyst bed inlet or within the 
combustion chamber prior to reducing the temperature data to 15-minute 
averages for purposes of establishing your minimum catalytic oxidizer 
temperature. The minimum catalytic oxidizer temperature must then be 
established as the average of the three minimum 15-minute temperatures 
monitored during the three test runs. Multiple three-run performance 
tests may be conducted to establish a range of parameter values under 
different operating conditions.
    (2) You may establish a different minimum catalytic oxidizer 
temperature by submitting the notification specified in Sec. 63.2280(g) 
and conducting a repeat performance test as specified in paragraphs 
(l)(1) and (2) of this section that demonstrates compliance with the 
applicable compliance options of this subpart.
    (m) Establishing biofilter operating requirements. If you operate a 
biofilter, you must establish your biofilter operating requirements 
according to paragraphs (m)(1) through (3) of this section.
    (1) During the performance test, you must continuously monitor the 
biofilter bed temperature during each of the required 1-hour test runs. 
To monitor biofilter bed temperature, you may use multiple thermocouples 
in representative locations throughout the biofilter bed and calculate 
the average biofilter bed temperature across these thermocouples prior 
to reducing the temperature data to 15-minute averages for purposes of 
establishing biofilter bed temperature limits. The biofilter bed 
temperature range must be established as the temperature values 10 
percent below the minimum and 10 percent (not to exceed 8 [deg]F) above 
the maximum 15-minute biofilter bed temperatures monitored during the 
three test runs. You may base your biofilter bed temperature range on 
values recorded during previous performance tests provided that the data 
used to establish the temperature ranges have been obtained using the 
test methods required in this subpart. If you use data from previous 
performance tests, you must certify that the biofilter and associated 
process unit(s) have not been modified subsequent to the date of the 
performance tests. Replacement of the biofilter media with the same type 
of material is not considered a modification of the biofilter for 
purposes of this section.
    (2) For a new biofilter installation, you will be allowed up to 180 
days following the compliance date or 180 days following initial startup 
of the biofilter to complete the requirements in paragraph (m)(1) of 
this section.
    (3) You may expand your biofilter bed temperature operating range by 
submitting the notification specified in Sec. 63.2280(g) and conducting 
a repeat performance test as specified in paragraph (m)(1) of this 
section that demonstrates compliance with the applicable compliance 
options of this subpart.
    (n) Establishing operating requirements for process units meeting 
compliance options without a control device. If you operate a process 
unit that meets a compliance option in Table 1A to this subpart, or is a 
process unit that generates debits in an emissions average without the 
use of a control device, you must establish your process unit operating 
parameters according to paragraphs (n)(1) through (2) of this section.
    (1) During the performance test, you must identify and document the 
process unit controlling parameter(s) that affect total HAP emissions 
during the three-run performance test. The controlling parameters you 
identify must coincide with the representative operating conditions you 
describe according to paragraph (b) of this section. For each parameter, 
you must specify appropriate monitoring methods, monitoring frequencies, 
and for continuously monitored parameters, averaging

[[Page 321]]

times not to exceed 24 hours. The operating limit for each controlling 
parameter must then be established as the minimum, maximum, range, or 
average (as appropriate depending on the parameter) recorded during the 
performance test. Multiple three-run performance tests may be conducted 
to establish a range of parameter values under different operating 
conditions.
    (2) You may establish different controlling parameter limits for 
your process unit by submitting the notification specified in Sec. 
63.2280(g) and conducting a repeat performance test as specified in 
paragraph (n)(1) of this section that demonstrates compliance with the 
compliance options in Table 1A to this subpart or is used to establish 
emission averaging debits for an uncontrolled process unit.
    (o) Establishing operating requirements using THC CEMS. If you 
choose to meet the operating requirements by monitoring THC 
concentration instead of monitoring control device or process operating 
parameters, you must establish your THC concentration operating 
requirement according to paragraphs (o)(1) through (2) of this section.
    (1) During the performance test, you must continuously monitor THC 
concentration using your CEMS during each of the required 1-hour test 
runs. The maximum THC concentration must then be established as the 
average of the three maximum 15-minute THC concentrations monitored 
during the three test runs. Multiple three-run performance tests may be 
conducted to establish a range of THC concentration values under 
different operating conditions.
    (2) You may establish a different maximum THC concentration by 
submitting the notification specified in Sec. 63.2280(g) and conducting 
a repeat performance test as specified in paragraph (o)(1) of this 
section that demonstrates compliance with the compliance options in 
Tables 1A and 1B to this subpart.

[69 FR 46011, July 30, 2004, as amended at 71 FR 8372, Feb. 16, 2006; 85 
FR 49456, Aug. 13, 2020]



Sec. 63.2263  Initial compliance demonstration for a dry rotary dryer.

    If you operate a dry rotary dryer, you must demonstrate that your 
dryer processes furnish with an inlet moisture content of less than or 
equal to 30 percent (by weight, dry basis) and operates with a dryer 
inlet temperature of less than or equal to 600 [deg]F. You must 
designate and clearly identify each dry rotary dryer. You must record 
the inlet furnish moisture content (dry basis) and inlet dryer operating 
temperature according to Sec. Sec. 63.2269(a), (b), and (c) and 63.2270 
for a minimum of 30 calendar days. You must submit the highest recorded 
24-hour average inlet furnish moisture content and the highest recorded 
24-hour average dryer inlet temperature with your Notification of 
Compliance Status. In addition, you must submit with the Notification of 
Compliance Status a signed statement by a responsible official that 
certifies with truth, accuracy, and completeness that the dry rotary 
dryer will dry furnish with a maximum inlet moisture content less than 
or equal to 30 percent (by weight, dry basis) and will operate with a 
maximum inlet temperature of less than or equal to 600 [deg]F in the 
future.



Sec. 63.2264  Initial compliance demonstration for a hardwood veneer dryer.

    If you operate a hardwood veneer dryer, you must record the annual 
volume percentage of softwood veneer species processed in the dryer as 
follows:
    (a) Use Equation 1 of this section to calculate the annual volume 
percentage of softwood species dried:
[GRAPHIC] [TIFF OMITTED] TR72AD04.006

Where:

SW% = annual volume percent softwood species dried;
SW = softwood veneer dried during the previous 12 months, thousand 
          square feet (\3/8\-inch basis);
T = total softwood and hardwood veneer dried during the previous 12 
          months, thousand square feet (\3/8\-inch basis).

    (b) You must designate and clearly identify each hardwood veneer 
dryer.

[[Page 322]]

Submit with the Notification of Compliance Status the annual volume 
percentage of softwood species dried in the dryer based on your dryer 
production for the 12 months prior to the compliance date specified for 
your source in Sec. 63.2233. If you did not dry any softwood species in 
the dryer during the 12 months prior to the compliance date, then you 
need only to submit a statement indicating that no softwood species were 
dried. In addition, submit with the Notification of Compliance Status a 
signed statement by a responsible official that certifies with truth, 
accuracy, and completeness that the veneer dryer will be used to process 
less than 30 volume percent softwood species in the future.



Sec. 63.2265  Initial compliance demonstration for a softwood veneer dryer.

    If you operate a softwood veneer dryer, you must develop a plan for 
review and approval for minimizing fugitive emissions from the veneer 
dryer heated zones, and you must submit the plan with your Notification 
of Compliance Status.



Sec. 63.2266  Initial compliance demonstration for a veneer redryer.

    If you operate a veneer redryer, you must record the inlet moisture 
content of the veneer processed in the redryer according to Sec. Sec. 
63.2269(a) and (c) and 63.2270 for a minimum of 30 calendar days. You 
must designate and clearly identify each veneer redryer. You must submit 
the highest recorded 24-hour average inlet veneer moisture content with 
your Notification of Compliance Status to show that your veneer redryer 
processes veneer with an inlet moisture content of less than or equal to 
25 percent (by weight, dry basis). In addition, submit with the 
Notification of Compliance Status a signed statement by a responsible 
official that certifies with truth, accuracy, and completeness that the 
veneer redryer will dry veneer with a moisture content less than 25 
percent (by weight, dry basis) in the future.



Sec. 63.2267  Initial compliance demonstration for a reconstituted 
wood product press or board cooler.

    If you operate a reconstituted wood product press at a new or 
existing affected source or a reconstituted wood product board cooler at 
a new affected source, then you must either use a wood products 
enclosure as defined in Sec. 63.2292 or measure the capture efficiency 
of the capture device for the press or board cooler using Methods 204 
and 204A through 204F of 40 CFR part 51, appendix M (as appropriate), or 
using the alternative tracer gas method contained in appendix A to this 
subpart. You must submit documentation that the wood products enclosure 
meets the press enclosure design criteria in Sec. 63.2292 or the 
results of the capture efficiency verification with your Notification of 
Compliance Status.



Sec. 63.2268  Initial compliance demonstration for a wet control device.

    If you use a wet control device as the sole means of reducing HAP 
emissions, you must develop and implement a plan for review and approval 
to address how organic HAP captured in the wastewater from the wet 
control device is contained or destroyed to minimize re-release to the 
atmosphere such that the desired emissions reductions are obtained. You 
must submit the plan with your Notification of Compliance Status.



Sec. 63.2269  What are my monitoring installation, operation,

    (a) General continuous parameter monitoring requirements. You must 
install, operate, and maintain each continuous parameter monitoring 
system (CPMS) according to paragraphs (a)(1) through (3) of this 
section.
    (1) The CPMS must be capable of completing a minimum of one cycle of 
operation (sampling, analyzing, and recording) for each successive 15-
minute period.
    (2) At all times, you must maintain the monitoring equipment 
including, but not limited to, maintaining necessary parts for routine 
repairs of the monitoring equipment.

[[Page 323]]

    (3) Record the results of each inspection, calibration, and 
validation check.
    (b) Temperature monitoring. For each temperature monitoring device, 
you must meet the requirements in paragraphs (a) and (b)(1) through (6) 
of this section.
    (1) Locate the temperature sensor in a position that provides a 
representative temperature.
    (2) Use a temperature sensor with a minimum accuracy of 4 [deg]F or 
0.75 percent of the temperature value, whichever is larger.
    (3) If a chart recorder is used, it must have a sensitivity with 
minor divisions not more than 20 [deg]F.
    (4) Validate the temperature sensor's reading at least semiannually 
using the requirements of paragraph (b)(4)(i), (ii), (iii), (iv), or (v) 
of this section:
    (i) Compare measured readings to a National Institute of Standards 
and Technology (NIST) traceable temperature measurement device or 
simulate a typical operating temperature using a NIST traceable 
temperature simulation device. When the temperature measurement device 
method is used, the sensor of the NIST traceable calibrated device must 
be placed as close as practicable to the process sensor, and both 
devices must be subjected to the same environmental conditions. The 
accuracy of the temperature measured must be 2.5 percent of the 
temperature measured by the NIST traceable device or 5 [deg]F, whichever 
is greater.
    (ii) Follow applicable procedures in the thermocouple manufacturer 
owner's manual.
    (iii) Request thermocouple manufacturer to certify or re-certify 
electromotive force (electrical properties) of the thermocouple.
    (iv) Replace thermocouple with a new certified thermocouple in lieu 
of validation.
    (v) Permanently install a redundant temperature sensor as close as 
practicable to the process temperature sensor. The sensors must yield a 
reading within 30 [deg]F of each other for thermal oxidizers and 
catalytic oxidizers; within 5 [deg]F of each other for biofilters; and 
within 20 [deg]F of each other for dry rotary dryers.
    (5) Conduct validation checks using the procedures in paragraph 
(b)(4) of this section any time the sensor exceeds the manufacturer's 
specified maximum operating temperature range or install a new 
temperature sensor.
    (6) At least quarterly, inspect all components for integrity and all 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (c) Wood moisture monitoring. For each furnish or veneer moisture 
meter, you must meet the requirements in paragraphs (a)(1) through (3) 
and paragraphs (c)(1) through (5) of this section.
    (1) For dry rotary dryers, use a continuous moisture monitor with a 
minimum accuracy of 1 percent (dry basis) moisture or better in the 25 
to 35 percent (dry basis) moisture content range. For veneer redryers, 
use a continuous moisture monitor with a minimum accuracy of 3 percent 
(dry basis) moisture or better in the 15 to 25 percent (dry basis) 
moisture content range. Alternatively, you may use a continuous moisture 
monitor with a minimum accuracy of 5 percent (dry basis) moisture or 
better for dry rotary dryers used to dry furnish with less than 25 
percent (dry basis) moisture or for veneer redryers used to redry veneer 
with less than 20 percent (dry basis) moisture.
    (2) Locate the moisture monitor in a position that provides a 
representative measure of furnish or veneer moisture.
    (3) Calibrate the moisture monitor based on the procedures specified 
by the moisture monitor manufacturer at least once per semiannual 
compliance period (or more frequently if recommended by the moisture 
monitor manufacturer).
    (4) At least quarterly, inspect all components of the moisture 
monitor for integrity and all electrical connections for continuity.
    (5) Use Equation 1 of this section to convert percent moisture 
measurements wet basis to a dry basis:
[GRAPHIC] [TIFF OMITTED] TR72AD04.012

Where:

MCdry = percent moisture content of wood material (weight 
          percent, dry basis);
MCwet = percent moisture content of wood material (weight 
          percent, wet basis).


[[Page 324]]


    (d) Continuous emission monitoring system(s). Each CEMS must be 
installed, operated, and maintained according to paragraphs (d)(1) 
through (4) of this section.
    (1) Each CEMS for monitoring THC concentration must be installed, 
operated, and maintained according to Performance Specification 8 of 40 
CFR part 60, appendix B. You must also comply with Procedure 1 of 40 CFR 
part 60, appendix F.
    (2) You must conduct a performance evaluation of each CEMS according 
to the requirements in Sec. 63.8 and according to Performance 
Specification 8 of 40 CFR part 60, appendix B.
    (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.
    (4) The CEMS data must be reduced as specified in Sec. Sec. 
63.8(g)(2) and 63.2270(d) and (e).

[69 FR 46011, July 30, 2004, as amended at 71 FR 8372, Feb. 16, 2006; 85 
FR 49456, Aug. 13, 2020]

                   Continuous Compliance Requirements



Sec. 63.2270  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, as appropriate, monitor malfunctions, associated 
repairs, and required quality assurance or control activities 
(including, as applicable, calibration checks and required zero and span 
adjustments), you must conduct all monitoring in continuous operation at 
all times that the process unit is operating. For purposes of 
calculating data averages, you must not use data recorded during 
monitoring malfunctions, associated repairs, out-of-control periods, or 
required quality assurance or control activities. 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 monitoring to provide valid data. Monitoring 
failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. Any period for which the monitoring 
system is out-of-control and data are not available for required 
calculations constitutes a deviation from the monitoring requirements.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
or data recorded during periods of safety-related shutdown, pressurized 
refiner startup or shutdown, startup and shutdown of direct-fired 
softwood veneer dryer gas-fired burners, or control device downtime 
covered in any approved routine control device maintenance exemption 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 system.
    (d) Except as provided in paragraph (e) of this section, determine 
the 3-hour block average of all recorded readings, calculated after 
every 3 hours of operation as the average of the evenly spaced recorded 
readings in the previous 3 operating hours (excluding periods described 
in paragraphs (b) and (c) of this section).
    (e) For dry rotary dryer and veneer redryer wood moisture 
monitoring, dry rotary dryer temperature monitoring, biofilter bed 
temperature monitoring, and biofilter outlet THC monitoring, determine 
the 24-hour block average of all recorded readings, calculated after 
every 24 hours of operation as the average of the evenly spaced recorded 
readings in the previous 24 operating hours (excluding periods described 
in paragraphs (b) and (c) of this section).
    (f) To calculate the data averages for each 3-hour or 24-hour 
averaging period, you must have at least 75 percent of the required 
recorded readings for that period using only recorded readings that are 
based on valid data (i.e., not from periods described in paragraphs (b) 
and (c) of this section).

[69 FR 46011, July 30, 2004, as amended at 85 FR 49456, Aug. 13, 2020]

[[Page 325]]



Sec. 63.2271  How do I demonstrate continuous compliance with 
the compliance options, operating requirements, and work
practice requirements?

    (a) You must demonstrate continuous compliance with the compliance 
options, operating requirements, and work practice requirements in 
Sec. Sec. 63.2240 and 63.2241 that apply to you according to the 
methods specified in Tables 7 and 8 to this subpart.
    (b) You must report each instance in which you did not meet each 
compliance option, operating requirement, and work practice requirement 
in Tables 7 and 8 to this subpart that applies to you. This includes 
periods of startup, shutdown, and malfunction and periods of control 
device maintenance specified in paragraphs (b)(1) through (4) of this 
section. These instances are deviations from the compliance options, 
operating requirements, and work practice requirements in this subpart. 
These deviations must be reported according to the requirements in Sec. 
63.2281.
    (1)-(2) [Reserved]
    (3) Deviations that occur during periods of control device 
maintenance covered by any approved routine control device maintenance 
exemption are not violations if you demonstrate to the EPA 
Administrator's satisfaction that you were operating in accordance with 
the approved routine control device maintenance exemption.
    (4) Instances of safety-related shutdown, pressurized refiner 
startup and shutdown, and startup and shutdown of direct-fired softwood 
veneer dryer gas-fired burners subject to the work practice requirements 
in Table 3 to this subpart (rows 6 through 8) must be reported as 
required in Sec. 63.2281(c)(4). Instances when the work practice 
requirements in Table 3 to this subpart (rows 6 through 8) are used are 
not considered to be deviations from (or violations of) the otherwise 
applicable compliance options, operating requirements and work practice 
requirements (in rows 1 through 5 of Table 3 to this subpart) as long as 
you do not exceed the minimum amount of time necessary for these events.

[69 FR 46011, July 30, 2004, as amended at 71 FR 20463, Apr. 20, 2006; 
85 FR 49456, Aug. 13, 2020]

                   Notifications, Reports, and Records



Sec. 63.2280  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) by the dates specified.
    (b) You must submit an Initial Notification no later than 120 
calendar days after September 28, 2004, 120 calendar days after initial 
startup, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later, as specified in Sec. 63.9(b)(2). 
Initial Notifications required to be submitted after August 13, 2020, 
for affected sources that commence construction or reconstruction after 
September 6, 2019, and on and after August 13, 2021, for all other 
affected sources submitting initial notifications required in Sec. 
63.9(b) must be submitted following the procedure specified in Sec. 
63.2281(h), (k), and (l).
    (c) If you are required to conduct a performance test, you must 
submit a written notification of intent to conduct a performance test at 
least 60 calendar days before the performance test is scheduled to begin 
as specified in Sec. 63.7(b)(1).
    (d) If you are required to conduct a performance test, design 
evaluation, or other compliance demonstration as specified in Tables 4, 
5, and 6 to this subpart, or a repeat performance test as specified in 
Table 7 to this subpart, you must submit a Notification of Compliance 
Status as specified in Sec. 63.9(h)(2)(ii). After August 13, 2020 for 
affected sources that commence construction or reconstruction after 
September 6, 2019, and on and after August 13, 2021 for all other 
affected sources, submit all subsequent Notifications of Compliance 
Status following the procedure specified in Sec. 63.2281(h), (k), and 
(l).
    (1) For each initial compliance demonstration required in Table 5 or 
6 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

[[Page 326]]

calendar day following the completion of the initial compliance 
demonstration.
    (2) For each compliance demonstration required in Tables 5, 6, and 7 
to this subpart that includes a performance test conducted according to 
the requirements in Table 4 to this subpart, you must submit the 
Notification of Compliance Status, including a summary of the 
performance test results, before the close of business on the 60th 
calendar day following the completion of the performance test.
    (e) If you request a routine control device maintenance exemption 
according to Sec. 63.2251, you must submit your request for the 
exemption no later than 30 days before the compliance date.
    (f) If you use the emissions averaging compliance option in Sec. 
63.2240(c), you must submit an Emissions Averaging Plan to the EPA 
Administrator for approval no later than 1 year before the compliance 
date or no later than 1 year before the date you would begin using an 
emissions average, whichever is later. The Emissions Averaging Plan must 
include the information in paragraphs (f)(1) through (6) of this 
section.
    (1) Identification of all the process units to be included in the 
emissions average indicating which process units will be used to 
generate credits, and which process units that are subject to compliance 
options in Tables 1A and 1B to this subpart will be uncontrolled (used 
to generate debits) or under-controlled (used to generate debits and 
credits).
    (2) Description of the control system used to generate emission 
credits for each process unit used to generate credits.
    (3) Determination of the total HAP control efficiency for the 
control system used to generate emission credits for each credit-
generating process unit.
    (4) Calculation of the RMR and AMR, as calculated using Equations 1 
through 3 of Sec. 63.2240(c)(1).
    (5) Documentation of total HAP measurements made according to Sec. 
63.2240(c)(2)(iv) and other relevant documentation to support 
calculation of the RMR and AMR.
    (6) A summary of the operating parameters you will monitor and 
monitoring methods for each debit-generating and credit-generating 
process unit.
    (g) You must notify the EPA Administrator within 30 days before you 
take any of the actions specified in paragraphs (g)(1) through (3) of 
this section.
    (1) You modify or replace the control system for any process unit 
subject to the compliance options and operating requirements in this 
subpart.
    (2) You shut down any process unit included in your Emissions 
Averaging Plan.
    (3) You change a continuous monitoring parameter or the value or 
range of values of a continuous monitoring parameter for any process 
unit or control device.

[69 FR 46011, July 30, 2004, as amended at 85 FR 49457, Aug. 13, 2020; 
85 FR 73902, Nov. 19, 2020]



Sec. 63.2281  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 by the date in Table 9 to this subpart and as specified 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. 
63.2233 ending on June 30 or December 31, and lasting 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

[[Page 327]]

the semiannual reporting period 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 Sec. 70.6(a)(3)(iii)(A) or Sec. 
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.
    (6) After August 13, 2020 for affected sources that commenced 
construction or reconstruction after September 6, 2019, and on and after 
August 13, 2021 for all other affected sources, submit all subsequent 
reports following the procedure specified in paragraphs (h), (k) and (l) 
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 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 SSMP, the 
compliance report must include the information specified in Sec. 
63.10(d)(5)(i) before August 13, 2021 for affected sources that 
commenced construction or reconstruction before September 6, 2019. After 
August 13, 2020 for affected sources that commenced construction or 
reconstruction after September 6, 2019, and on and after August 13, 2021 
for all other affected sources, the compliance report must include the 
number of instances and total amount of time during the reporting period 
in which each of the startup/shutdown work practice requirements in 
Table 3 to this subpart (rows 6 through 8) is used in place of the 
otherwise applicable compliance options, operating requirements, and 
work practice requirements (in Table 3 to this subpart rows 1 through 
5). If a startup/shutdown work practice in Table 3 to this subpart (rows 
6 through 8) is used for more than a total of 100 hours during the 
semiannual reporting period, you must report the date, time and duration 
of each instance when that startup/shutdown work practice was used.
    (5) A description of control device maintenance performed while the 
control device was offline and one or more of the process units 
controlled by the control device was operating, including the 
information specified in paragraphs (c)(5)(i) through (iii) of this 
section.
    (i) The date and time when the control device was shut down and 
restarted.
    (ii) Identification of the process units that were operating and the 
number of hours that each process unit 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 
exemption developed pursuant to Sec. 63.2251. If the control device 
maintenance was included in your approved routine control device 
maintenance exemption, then you must report the information in 
paragraphs (c)(5)(iii)(A) through (C) of this section.
    (A) The total amount of time that each process unit controlled by 
the control device operated during the semiannual compliance period and 
during the previous semiannual compliance period.
    (B) The amount of time that each process unit controlled by the 
control device operated while the control device was down for 
maintenance covered under the routine control device maintenance 
exemption during the semiannual compliance period and during the 
previous semiannual compliance period.
    (C) Based on the information recorded under paragraphs 
(c)(5)(iii)(A) and (B) of this section for each process unit, compute 
the annual percent of process unit operating uptime during which the 
control device was offline for routine maintenance using Equation 1 of 
this section.

[[Page 328]]

[GRAPHIC] [TIFF OMITTED] TR72AD04.007

Where:

RM = Annual percentage of process unit uptime during which control 
          device is down for routine control device maintenance;
PUp = Process unit uptime for the previous semiannual 
          compliance period;
PUc = Process unit uptime for the current semiannual 
          compliance period;
DTp = Control device downtime claimed under the routine 
          control device maintenance exemption for the previous 
          semiannual compliance period;
DTc = Control device downtime claimed under the routine 
          control device maintenance exemption for the current 
          semiannual compliance period.

    (6) [Reserved]
    (7) If there are no deviations from any applicable compliance option 
or operating requirement, and there are no deviations from the 
requirements for work practice requirements in Table 8 to this subpart, 
a statement that there were no deviations from the compliance options, 
operating requirements, or work practice requirements during the 
reporting period.
    (8) 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 a compliance option or operating 
requirement and for each deviation from the work practice requirements 
in Table 8 to this subpart that occurs at an affected source where you 
are not using a CMS to comply with the compliance options, operating 
requirements, or work practice requirements in this subpart, the 
compliance report must contain the information in paragraphs (c)(1) 
through (6) of this section and in paragraphs (d)(1) and (2) of this 
section. This includes periods of startup, shutdown, and malfunction and 
routine control device maintenance.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Information on the date, time, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (e) For each deviation from a compliance option, operating 
requirement, or work practice requirement occurring at an affected 
source where you are using a CMS to comply with the compliance options, 
operating requirements, or work practice requirements in this subpart, 
you must include the information in paragraphs (c)(1) through (6) and 
(e)(1) through (13) of this section. This includes periods of startup, 
shutdown, and malfunction and routine control device maintenance.
    (1) [Reserved]
    (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 startup, shutdown, or 
malfunction; during a period of control device maintenance covered in 
your approved routine control device maintenance exemption; 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 startup, shutdown, control 
system problems, control device maintenance, 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 controls 
since the last reporting period.

[[Page 329]]

    (12) For any failure to meet a compliance option in Sec. 63.2240, 
including the compliance options in Table 1A or 1B to this subpart or 
the emissions averaging compliance option, provide 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.
    (13) The total operating time of each affected source during the 
reporting period.
    (f) If you comply with the emissions averaging compliance option in 
Sec. 63.2240(c), you must include in your semiannual compliance report 
calculations based on operating data from the semiannual reporting 
period that demonstrate that actual mass removal equals or exceeds the 
required mass removal.
    (g) 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 Sec. 70.6(a)(3)(iii)(A) or Sec. 71.6(a)(3)(iii)(A). 
If an affected source submits a compliance report pursuant to Table 9 to 
this subpart 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), and 
the compliance report includes all required information concerning 
deviations from any compliance option, operating requirement, or work 
practice requirement 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 
permitting authority.
    (h) If you are required to submit reports following the procedure 
specified in this paragraph (h), 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/). 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. For semiannual compliance reports required in this 
section and Table 9 (row 1) to this subpart, 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 once the 
reporting template has been available on the CEDRI website for 1 year. 
The date report templates become available will be listed on the CEDRI 
website. If the reporting form for the semiannual compliance report 
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 addresses listed in Sec. 63.13. You must begin submitting 
all subsequent reports via CEDRI in the first full reporting period 
after the report template for this subpart has been available in CEDRI 
for 1 year. Initial Notifications developed according to Sec. 
63.2280(b) and Notifications of Compliance Status developed according to 
Sec. 63.2280(d) may be uploaded in a user-specified format such as 
portable document format (PDF). 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 persons 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. 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

[[Page 330]]

to make emissions data available to the public. Thus, emissions data 
will not be protected as CBI and will be made publicly available.
    (i) 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 (i)(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 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). 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 this paragraph (i) 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 this paragraph (i). 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.
    (j) Within 60 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 (j)(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 (CBI). 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.

[[Page 331]]

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 this paragraph (j) 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 this 
paragraph (j). 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.
    (k) If you are required to electronically submit a report or 
notification through CEDRI in the EPA's CDX by this subpart, you may 
assert a claim of EPA system outage for failure to timely comply with 
the electronic submittal reporting requirement in this section. To 
assert a claim of EPA system outage, you must meet the requirements 
outlined in paragraphs (k)(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 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 electronic submittal requirement in this subpart at the time of 
the notification, the date you submitted the report.
    (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.
    (l) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX by this subpart, you may assert a claim of force 
majeure for failure to timely comply with the electronic submittal 
requirement in this section. To assert a claim of force majeure, you 
must meet the requirements outlined in paragraphs (l)(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

[[Page 332]]

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 electronic submittal requirement in this subpart at the time of 
the notification, the date you submitted the report.
    (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 46011, July 30, 2004, as amended at 85 FR 49457, Aug. 13, 2020]



Sec. 63.2282  What records must I keep?

    (a) You must keep the records listed 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)(2)(xiv).
    (2) Before August 13, 2021, the records in Sec. 63.6(e)(3)(iii) 
through (v) related to startup, shutdown, and malfunction for affected 
sources that commenced construction or reconstruction before September 
6, 2019. After August 13, 2020 for affected sources that commenced 
construction or reconstruction after September 6, 2019, and on and after 
August 13, 2021 for all other affected sources, the records related to 
startup and shutdown, failures to meet the standard, and actions taken 
to minimize emissions, specified in paragraphs (a)(2)(i) through (iv) of 
this section.
    (i) Record the date, time, and duration of each startup and/or 
shutdown period, including the periods when the affected source was 
subject to the standard applicable to startup and shutdown.
    (ii) 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, cause and duration of each failure.
    (iii) For each failure to meet an applicable standard, record and 
retain a list of the affected sources or equipment, and the following 
information:
    (A) For any failure to meet a compliance option in Sec. 63.2240, 
including the compliance options in Table 1A or 1B to this subpart or 
the emissions averaging compliance option, record 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.
    (B) For each failure to meet an operating requirement in Table 2 to 
this subpart or work practice requirement in Table 3 to this subpart, 
maintain sufficient information to estimate the quantity of each 
regulated pollutant emitted over the emission limit. This information 
must be sufficient to provide a reliable emissions estimate if requested 
by the Administrator.
    (iv) Record actions taken to minimize emissions in accordance with 
Sec. 63.2250(g), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (3) Documentation of your approved routine control device 
maintenance exemption, if you request such an exemption under Sec. 
63.2251.
    (4) Records of performance tests and performance evaluations as 
required in Sec. 63.10(b)(2)(viii).
    (b) You must keep the records required in Tables 7 and 8 to this 
subpart to show continuous compliance with each compliance option, 
operating requirement, and work practice requirement that applies to 
you.
    (c) For each CEMS, you must keep the following records.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi).

[[Page 333]]

    (2) Previous (i.e., superseded) versions of the performance 
evaluation plan, with the program of corrective action included in the 
plan required under Sec. 63.8(d)(2).
    (3) Request for alternatives to relative accuracy testing for CEMS 
as required in Sec. 63.8(f)(6)(i).
    (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.
    (d) If you comply with the emissions averaging compliance option in 
Sec. 63.2240(c), you must keep records of all information required to 
calculate emission debits and credits.
    (e) If you operate a catalytic oxidizer, you must keep records of 
annual catalyst activity checks and subsequent corrective actions.
    (f) You must keep the written CMS quality control 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 subpart, to be made available for inspection, upon 
request, by the Administrator. If the performance evaluation plan is 
revised, you must 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).

[69 FR 46011, July 30, 2004, as amended at 85 FR 49459, Aug. 13, 2020; 
85 FR 51668, Aug. 21, 2020]



Sec. 63.2283  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 as specified in 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.
    (d) 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 46011, July 30, 2004, as amended at 85 FR 49460, Aug. 13, 2020]

                   Other Requirements and Information



Sec. 63.2290  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.

[85 FR 49460, Aug. 13, 2020]



Sec. 63.2291  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or 
a delegated authority such as 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 40 CFR part 63, 
subpart E, 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 that will not be delegated to State, local, or 
tribal agencies are listed in paragraphs (c)(1) through (5) of this 
section.
    (1) Approval of alternatives to the compliance options, operating 
requirements, and work practice requirements in Sec. Sec. 63.2240 and 
63.2241 as specified in Sec. 63.6(g). For the purposes of delegation 
authority under 40 CFR part 63, subpart E, ``compliance options'' 
represent

[[Page 334]]

``emission limits''; ``operating requirements'' represent ``operating 
limits''; and ``work practice requirements'' represent ``work practice 
standards.''
    (2) Approval of major alternatives to test methods as specified in 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring as specified in 
Sec. 63.8(f) and as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting as 
specified in 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 46011, July 30, 2004, as amended at 72 FR 61063, Oct. 29, 2007; 
85 FR 49460, Aug. 13, 2020]



Sec. 63.2292  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, and in this section as follows:
    Affected source means the collection of dryers, refiners, blenders, 
formers, presses, board coolers, and other process units associated with 
the manufacturing of plywood and composite wood products. The affected 
source includes, but is not limited to, green end operations, refining, 
drying operations (including any combustion unit exhaust stream 
routinely used to direct fire process unit(s)), resin preparation, 
blending and forming operations, pressing and board cooling operations, 
and miscellaneous finishing operations (such as sanding, sawing, 
patching, edge sealing, and other finishing operations not subject to 
other NESHAP). The affected source also includes onsite storage of raw 
materials used in the manufacture of plywood and/or composite wood 
products, such as resins; onsite wastewater treatment operations 
specifically associated with plywood and composite wood products 
manufacturing; and miscellaneous coating operations (defined elsewhere 
in this section). The affected source includes lumber kilns at PCWP 
manufacturing facilities and at any other kind of facility.
    Agricultural fiber means the fiber of an annual agricultural crop. 
Examples of agricultural fibers include, but are not limited to, wheat 
straw, rice straw, and bagasse.
    Biofilter means an enclosed control system such as a tank or series 
of tanks with a fixed roof that contact emissions with a solid media 
(such as bark) and use microbiological activity to transform organic 
pollutants in a process exhaust stream to innocuous compounds such as 
carbon dioxide, water, and inorganic salts. Wastewater treatment systems 
such as aeration lagoons or activated sludge systems are not considered 
to be biofilters.
    Capture device means a hood, enclosure, or other means of collecting 
emissions into a duct so that the emissions can be measured.
    Capture efficiency means the fraction (expressed as a percentage) of 
the pollutants from an emission source that are collected by a capture 
device.
    Catalytic oxidizer means a control system that combusts or oxidizes, 
in the presence of a catalyst, exhaust gas from a process unit. 
Catalytic oxidizers include regenerative catalytic oxidizers and thermal 
catalytic oxidizers.
    Combustion unit means a dryer burner, process heater, or boiler. 
Combustion units may be used for combustion of organic HAP emissions.
    Control device means any equipment that reduces the quantity of HAP 
emitted to the air. The device may destroy the HAP or secure the HAP for 
subsequent recovery. Control devices include, but are not limited to, 
thermal or catalytic oxidizers, combustion units that incinerate process 
exhausts, biofilters, and condensers.
    Control system or add-on control system means the combination of 
capture and control devices used to reduce HAP emissions to the 
atmosphere.
    Conveyor strand dryer means a conveyor dryer used to reduce the 
moisture of wood strands used in the manufacture of oriented 
strandboard, laminated strand lumber, or other wood strand-based 
products. A conveyor strand dryer is a process unit.
    Conveyor strand dryer zone means each portion of a conveyor strand 
dryer with a separate heat exchange system and exhaust vent(s). Conveyor 
strand dryers contain multiple zones (e.g.,

[[Page 335]]

three zones), which may be divided into multiple sections.
    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 compliance option, operating 
requirement, or work practice 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 compliance option, operating requirement, or 
work practice requirement in this subpart during startup, shutdown, or 
malfunction, regardless of whether or not such failure is permitted by 
this subpart. 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.
    Direct-fired process unit means a process unit that is heated by the 
passing of combustion exhaust through the process unit such that the 
process material is contacted by the combustion exhaust.
    Dryer heated zones means the zones of a softwood veneer dryer or 
fiberboard mat dryer that are equipped with heating and hot air 
circulation units. The cooling zone(s) of the dryer through which 
ambient air is blown are not part of the dryer heated zones.
    Dry forming means the process of making a mat of resinated fiber to 
be compressed into a reconstituted wood product such as particleboard, 
oriented strandboard, medium density fiberboard, or hardboard.
    Dry rotary dryer means a rotary dryer that dries wood particles or 
fibers with a maximum inlet moisture content of less than or equal to 30 
percent (by weight, dry basis) and operates with a maximum inlet 
temperature of less than or equal to 600 [deg]F. A dry rotary dryer is a 
process unit.
    Engineered wood product means a product made with lumber, veneers, 
strands of wood, or from other small wood elements that are bound 
together with resin. Engineered wood products include, but are not 
limited to, laminated strand lumber, laminated veneer lumber, parallel 
strand lumber, wood I-joists, and glue-laminated beams.
    Fiber means the discrete elements of wood or similar cellulosic 
material, which are separated by mechanical means, as in refining, that 
can be formed into boards.
    Fiberboard means a composite panel composed of cellulosic fibers 
(usually wood or agricultural material) made by wet forming and 
compacting a mat of fibers. Fiberboard density generally is less than 
0.50 grams per cubic centimeter (31.5 pounds per cubic foot).
    Fiberboard mat dryer means a dryer used to reduce the moisture of 
wet-formed wood fiber mats by applying heat. A fiberboard mat dryer is a 
process unit.
    Flame zone means the portion of the combustion chamber in a 
combustion unit that is occupied by the flame envelope.
    Furnish means the fibers, particles, or strands used for making 
boards.
    Glue-laminated beam means a structural wood beam made by bonding 
lumber together along its faces with resin.
    Green rotary dryer means a rotary dryer that dries wood particles or 
fibers with an inlet moisture content of greater than 30 percent (by 
weight, dry basis) at any dryer inlet temperature or operates with an 
inlet temperature of greater than 600 [deg]F with any inlet moisture 
content. A green rotary dryer is a process unit.
    Group 1 miscellaneous coating operations means application of edge 
seals, nail lines, logo (or other information) paint, shelving edge 
fillers, trademark/gradestamp inks, and wood putty patches to plywood 
and composite wood products (except kiln-dried lumber) on the same site 
where the plywood and composite wood products are manufactured. Group 1 
miscellaneous coating operations also include application of synthetic 
patches to plywood at new affected sources.
    Hardboard means a composite panel composed of inter-felted 
cellulosic fibers made by dry or wet forming and pressing of a resinated 
fiber mat. Hardboard generally has a density of 0.50

[[Page 336]]

grams per cubic centimeter (31.5 pounds per cubic foot) or greater.
    Hardboard oven means an oven used to heat treat or temper hardboard 
after hot pressing. Humidification chambers are not considered as part 
of hardboard ovens. A hardboard oven is a process unit.
    Hardwood means the wood of a broad-leafed tree, either deciduous or 
evergreen. Examples of hardwoods include, but are not limited to, aspen, 
birch, poplar, and oak.
    Hardwood veneer dryer means a dryer that removes excess moisture 
from veneer by conveying the veneer through a heated medium on rollers, 
belts, cables, or wire mesh. Hardwood veneer dryers are used to dry 
veneer with less than 30 percent softwood species on an annual volume 
basis. Veneer kilns that operate as batch units, veneer dryers heated by 
radio frequency or microwaves that are used to redry veneer, and veneer 
redryers (defined elsewhere in this section) that are heated by 
conventional means are not considered to be hardwood veneer dryers. A 
hardwood veneer dryer is a process unit.
    Kiln-dried lumber means solid wood lumber that has been dried in a 
lumber kiln.
    Laminated strand lumber (LSL) means a composite product formed into 
a billet made of thin wood strands cut from whole logs, resinated, and 
pressed together with the grain of each strand oriented parallel to the 
length of the finished product.
    Laminated veneer lumber (LVL) means a composite product formed into 
a billet made from layers of resinated wood veneer sheets or pieces 
pressed together with the grain of each veneer aligned primarily along 
the length of the finished product. Laminated veneer lumber is also 
known as parallel strand lumber (PSL).
    Lumber means boards or planks sawed or split from logs or timber, 
including logs or timber processed for use as utility poles or other 
wood components. Lumber can be either green (non-dried) or dried. Lumber 
is typically either air-dried or kiln-dried.
    Lumber kiln means an enclosed dryer operated by applying heat to 
reduce the moisture content of lumber.
    Medium density fiberboard (MDF) means a composite panel composed of 
cellulosic fibers (usually wood or agricultural fiber) made by dry 
forming and pressing of a resinated fiber mat.
    Method detection limit means the minimum concentration of an analyte 
that can be determined with 99 percent confidence that the true value is 
greater than zero.
    Miscellaneous coating operations means application of any of the 
following to plywood or composite wood products: edge seals, moisture 
sealants, anti-skid coatings, company logos, trademark or grade stamps, 
nail lines, synthetic patches, wood patches, wood putty, concrete 
forming oils, glues for veneer composing, and shelving edge fillers. 
Miscellaneous coating operations also include the application of primer 
to oriented strandboard siding that occurs at the same site as oriented 
strandboard manufacture and application of asphalt, clay slurry, or 
titanium dioxide coatings to fiberboard at the same site of fiberboard 
manufacture.
    Molded particleboard means a shaped composite product (other than a 
composite panel) composed primarily of cellulosic materials (usually 
wood or agricultural fiber) generally in the form of discrete pieces or 
particles, as distinguished from fibers, which are pressed together with 
resin.
    MSF means thousand square feet (92.9 square meters). Square footage 
of panels is usually measured on a thickness basis, such as \3/8\-inch, 
to define the total volume of panels. Equation 3 of Sec. 63.2262(j) 
shows how to convert from one thickness basis to another.
    Nondetect data means, for the purposes of this subpart, any value 
that is below the method detection limit.
    Non-HAP coating means a coating with HAP contents below 0.1 percent 
by mass for Occupational Safety and Health Administration-defined 
carcinogens as specified in section A.6.4 of appendix A to 29 CFR 
1910.1200, and below 1.0 percent by mass for other HAP compounds.
    1-hour period means a 60-minute period.
    Oriented strandboard (OSB) means a composite panel produced from 
thin wood strands cut from whole logs,

[[Page 337]]

formed into resinated layers (with the grain of strands in one layer 
oriented perpendicular to the strands in adjacent layers), and pressed.
    Oven-dried ton(s) (ODT) means tons of wood dried until all of the 
moisture in the wood is removed. One oven-dried ton equals 907 oven-
dried kilograms.
    Parallel strand lumber (PSL) means a composite product formed into a 
billet made from layers of resinated wood veneer sheets or pieces 
pressed together with the grain of each veneer aligned primarily along 
the length of the finished product. Parallel strand lumber is also known 
as laminated veneer lumber (LVL).
    Partial wood products enclosure means an enclosure that does not 
meet the design criteria for a wood products enclosure as defined in 
this subpart.
    Particle means a discrete, small piece of cellulosic material 
(usually wood or agricultural fiber) produced mechanically and used as 
the aggregate for a particleboard.
    Particleboard means a composite panel composed primarily of 
cellulosic materials (usually wood or agricultural fiber) generally in 
the form of discrete pieces or particles, as distinguished from fibers, 
which are pressed together with resin.
    Plywood means a panel product consisting of layers of wood veneers 
hot pressed together with resin. Plywood includes panel products made by 
hot pressing (with resin) veneers to a substrate such as particleboard, 
medium density fiberboard, or lumber. Plywood products may be flat or 
curved.
    Plywood and composite wood products (PCWP) manufacturing facility 
means a facility that manufactures plywood and/or composite wood 
products by bonding wood material (fibers, particles, strands, veneers, 
etc.) or agricultural fiber, generally with resin under heat and 
pressure, to form a panel, engineered wood product, or other product 
defined in Sec. 63.2292. Plywood and composite wood products 
manufacturing facilities also include facilities that manufacture dry 
veneer and lumber kilns located at any facility. Plywood and composite 
wood products include, but are not limited to, plywood, veneer, 
particleboard, molded particleboard, oriented strandboard, hardboard, 
fiberboard, medium density fiberboard, laminated strand lumber, 
laminated veneer lumber, wood I-joists, kiln-dried lumber, and glue-
laminated beams.
    Press predryer means a dryer used to reduce the moisture and elevate 
the temperature by applying heat to a wet-formed fiber mat before the 
mat enters a hot press. A press predryer is a process unit.
    Pressurized refiner means a piece of equipment operated under 
pressure for preheating (usually by steaming) wood material and refining 
(rubbing or grinding) the wood material into fibers. Pressurized 
refiners are operated with continuous infeed and outfeed of wood 
material and maintain elevated internal pressures (i.e., there is no 
pressure release) throughout the preheating and refining process. A 
pressurized refiner is a process unit.
    Primary tube dryer means a single-stage tube dryer or the first 
stage of a multi-stage tube dryer. Tube dryer stages are separated by 
vents for removal of moist gases between stages (e.g., a product cyclone 
at the end of a single-stage dryer or between the first and second 
stages of a multi-stage tube dryer). The first stage of a multi-stage 
tube dryer is used to remove the majority of the moisture from the wood 
furnish (compared to the moisture reduction in subsequent stages of the 
tube dryer). Blow-lines used to apply resin are considered part of the 
primary tube dryer. A primary tube dryer is a process unit.
    Process unit means equipment classified according to its function 
such as a blender, dryer, press, former, or board cooler.
    Reconstituted wood product board cooler means a piece of equipment 
designed to reduce the temperature of a board by means of forced air or 
convection within a controlled time period after the board exits the 
reconstituted wood product press unloader. Board coolers include wicket 
and star type coolers commonly found at medium density fiberboard and 
particleboard plants. Board coolers do not include cooling sections of 
dryers (e.g., veneer dryers or fiberboard mat dryers) or coolers 
integrated into or following hardboard

[[Page 338]]

bake ovens or humidifiers. A reconstituted wood product board cooler is 
a process unit.
    Reconstituted wood product press means a press, including (if 
applicable) the press unloader, that presses a resinated mat of wood 
fibers, particles, or strands between hot platens or hot rollers to 
compact and set the mat into a panel by simultaneous application of heat 
and pressure. Reconstituted wood product presses are used in the 
manufacture of hardboard, medium density fiberboard, particleboard, and 
oriented strandboard. Extruders are not considered to be reconstituted 
wood product presses. A reconstituted wood product press is a process 
unit.
    Representative operating conditions means operation of a process 
unit during performance testing under the conditions that the process 
unit will typically be operating in the future, including use of a 
representative range of materials (e.g., wood material of a typical 
species mix and moisture content or typical resin formulation) and 
representative operating temperature range. Representative operating 
conditions exclude periods of startup and shutdown.
    Resin means the synthetic adhesive (including glue) or natural 
binder, including additives, used to bond wood or other cellulosic 
materials together to produce plywood and composite wood products.
    Responsible official means responsible official as defined in 40 CFR 
70.2 and 40 CFR 71.2.
    Rotary strand dryer means a rotary dryer operated by applying heat 
and used to reduce the moisture of wood strands used in the manufacture 
of oriented strandboard, laminated strand lumber, or other wood strand-
based products. A rotary strand dryer is a process unit.
    Safety-related shutdown means an unscheduled shutdown of a process 
unit subject to a compliance option in Table 1B to this subpart (or a 
process unit with HAP control under an emissions averaging plan 
developed according to Sec. 63.2240(c)) during which time emissions 
from the process unit cannot be safely routed to the control system in 
place to meet the compliance options or operating requirements in this 
subpart without imminent danger to the process, control system, or 
system operator.
    Secondary tube dryer means the second stage and subsequent stages 
following the primary stage of a multi-stage tube dryer. Secondary tube 
dryers, also referred to as relay dryers, operate at lower temperatures 
than the primary tube dryer they follow. Secondary tube dryers are used 
to remove only a small amount of the furnish moisture compared to the 
furnish moisture reduction across the primary tube dryer. A secondary 
tube dryer is a process unit.
    Softwood means the wood of a coniferous tree. Examples of softwoods 
include, but are not limited to, Southern yellow pine, Douglas fir, and 
White spruce.
    Softwood veneer dryer means a dryer that removes excess moisture 
from veneer by conveying the veneer through a heated medium, generally 
on rollers, belts, cables, or wire mesh. Softwood veneer dryers are used 
to dry veneer with greater than or equal to 30 percent softwood species 
on an annual volume basis. Veneer kilns that operate as batch units, 
veneer dryers heated by radio frequency or microwaves that are used to 
redry veneer, and veneer redryers (defined elsewhere in this section) 
that are heated by conventional means are not considered to be softwood 
veneer dryers. A softwood veneer dryer is a process unit.
    Startup means bringing equipment online and starting the production 
process.
    Startup, initial means the first time equipment is put into 
operation. Initial startup does not include operation solely for testing 
equipment. Initial startup does not include subsequent startups (as 
defined in this section) following malfunction or shutdowns or following 
changes in product or between batch operations. Initial startup does not 
include startup of equipment that occurred when the source was an area 
source.
    Strand means a long (with respect to thickness and width), flat wood 
piece specially cut from a log for use in oriented strandboard, 
laminated strand lumber, or other wood strand-based product.

[[Page 339]]

    Temporary total enclosure (TTE) means an enclosure constructed for 
the purpose of measuring the capture efficiency of pollutants emitted 
from a given source, as defined in Method 204 of 40 CFR part 51, 
appendix M.
    Thermal oxidizer means a control system that combusts or oxidizes 
exhaust gas from a process unit. Thermal oxidizers include regenerative 
thermal oxidizers and combustion units.
    Total hazardous air pollutant emissions means, for purposes of this 
subpart, the sum of the emissions of the following six compounds: 
acetaldehyde, acrolein, formaldehyde, methanol, phenol, and 
propionaldehyde.
    Tube dryer means a single-stage or multi-stage dryer operated by 
applying heat to reduce the moisture of wood fibers or particles as they 
are conveyed (usually pneumatically) through the dryer. Resin may or may 
not be applied to the wood material before it enters the tube dryer. 
Tube dryers do not include pneumatic fiber transport systems that use 
temperature and humidity conditioned pneumatic system supply air in 
order to prevent cooling of the wood fiber as it is moved through the 
process. A tube dryer is a process unit.
    Veneer means thin sheets of wood peeled or sliced from logs for use 
in the manufacture of wood products such as plywood, laminated veneer 
lumber, or other products.
    Veneer redryer means a dryer heated by conventional means, such as 
direct wood-fired, direct-gas-fired, or steam heated, that is used to 
redry veneer that has been previously dried. Because the veneer dried in 
a veneer redryer has been previously dried, the inlet moisture content 
of the veneer entering the redryer is less than 25 percent (by weight, 
dry basis). Batch units used to redry veneer (such as redry cookers) are 
not considered to be veneer redryers. A veneer redryer is a process 
unit.
    Wet control device means any equipment that uses water as a means of 
collecting an air pollutant. Wet control devices include scrubbers, wet 
electrostatic precipitators, and electrified filter beds. Wet control 
devices do not include biofilters or other equipment that destroys or 
degrades HAP.
    Wet forming means the process of making a slurry of water, fiber, 
and additives into a mat of fibers to be compressed into a fiberboard or 
hardboard product.
    Wood I-joists means a structural wood beam with an I-shaped cross 
section formed by bonding (with resin) wood or laminated veneer lumber 
flanges onto a web cut from a panel such as plywood or oriented 
strandboard.
    Wood products enclosure means a permanently installed containment 
that was designed to meet the following physical design criteria:
    (1) Any natural draft opening shall be at least four equivalent 
opening diameters from each HAP-emitting point, except for where board 
enters and exits the enclosure, unless otherwise specified by the EPA 
Administrator.
    (2) The total area of all natural draft openings shall not exceed 5 
percent of the surface area of the enclosure's four walls, floor, and 
ceiling.
    (3) The average facial velocity of air through all natural draft 
openings shall be at least 3,600 meters per hour (200 feet per minute). 
The direction of airflow through all natural draft openings shall be 
into the enclosure.
    (4) All access doors and windows whose areas are not included in 
item 2 of this definition and are not included in the calculation of 
facial velocity in item 3 of this definition shall be closed during 
routine operation of the process.
    (5) The enclosure is designed and maintained to capture all 
emissions for discharge through a control device.
    Work practice requirement 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 46011, July 30, 2004, as amended at 71 FR 8372, Feb. 16, 2006; 85 
FR 49460, Aug. 13, 2020]

[[Page 340]]



 Sec. Table 1A to Subpart DDDD of Part 63--Production-Based Compliance 
                                 Options

------------------------------------------------------------------------
                                           You must meet the following
                                           production-based compliance
 For the following process units . . .    option (total HAP \a\ basis) .
                                                       . .
------------------------------------------------------------------------
(1) Fiberboard mat dryer heated zones    0.022 lb/MSF \1/2\.
 (at new affected sources only).
(2) Green rotary dryers................  0.058 lb/ODT.
(3) Hardboard ovens....................  0.022 lb/MSF \1/8\.
(4) Press predryers (at new affected     0.037 lb/MSF \1/2\.
 sources only).
(5) Pressurized refiners...............  0.039 lb/ODT.
(6) Primary tube dryers................  0.26 lb/ODT.
(7) Reconstituted wood product board     0.014 lb/MSF \3/4\.
 coolers (at new affected sources only).
(8) Reconstituted wood product presses.  0.30 lb/MSF \3/4\.
(9) Softwood veneer dryer heated zones.  0.022 lb/MSF \3/8\.
(10) Rotary strand dryers..............  0.18 lb/ODT.
(11) Secondary tube dryers.............  0.010 lb/ODT.
------------------------------------------------------------------------
\a\ Total HAP, as defined in Sec. 63.2292, includes acetaldehyde,
  acrolein, formaldehyde, methanol, phenol, and propionaldehyde. lb/ODT
  = pounds per oven-dried ton; lb/MSF = pounds per thousand square feet
  with a specified thickness basis (inches). Section 63.2262(j) shows
  how to convert from one thickness basis to another.
Note: There is no production-based compliance option for conveyor strand
  dryers.



    Sec. Table 1B to Subpart DDDD of Part 63--Add-on Control Systems 
                           Compliance Options

------------------------------------------------------------------------
                                         You must comply with one of the
For each of the following process units      following six compliance
                 . . .                    options by using an emissions
                                               control system . . .
------------------------------------------------------------------------
Fiberboard mat dryer heated zones (at    (1) Reduce emissions of total
 new affected sources only); green        HAP, measured as THC (as
 rotary dryers; hardboard ovens; press    carbon) \a\, by 90 percent; or
 predryers (at new affected sources      (2) Limit emissions of total
 only); pressurized refiners; primary     HAP, measured as THC (as
 tube dryers; secondary tube dryers;      carbon) \a\, to 20 ppmvd; or
 reconstituted wood product board        (3) Reduce methanol emissions
 coolers (at new affected sources         by 90 percent; or
 only); reconstituted wood product       (4) Limit methanol emissions to
 presses; softwood veneer dryer heated    less than or equal to 1 ppmvd
 zones; rotary strand dryers; conveyor    if uncontrolled methanol
 strand dryer zone one (at existing       emissions entering the control
 affected sources); and conveyor strand   device are greater than or
 dryer zones one and two (at new          equal to 10 ppmvd; or
 affected sources).                      (5) Reduce formaldehyde
                                          emissions by 90 percent; or
                                         (6) Limit formaldehyde
                                          emissions to less than or
                                          equal to 1 ppmvd if
                                          uncontrolled formaldehyde
                                          emissions entering the control
                                          device are greater than or
                                          equal to 10 ppmvd.
------------------------------------------------------------------------
\a\ You may choose to subtract methane from THC as carbon measurements.



     Sec. Table 2 to Subpart DDDD of Part 63--Operating Requirements

------------------------------------------------------------------------
    If you operate a(n) . . .       You must . . .     Or you must . . .
------------------------------------------------------------------------
(1) Thermal oxidizer............  Maintain the 3-     Maintain the 3-
                                   hour block          hour block
                                   average firebox     average THC
                                   temperature above   concentration \1\
                                   the minimum         in the thermal
                                   temperature         oxidizer exhaust
                                   established         below the maximum
                                   during the          concentration
                                   performance test.   established
                                                       during the
                                                       performance test.
(2) Catalytic oxidizer..........  Maintain the 3-     Maintain the 3-
                                   hour block          hour block
                                   average catalytic   average THC
                                   oxidizer            concentration \1\
                                   temperature above   in the catalytic
                                   the minimum         oxidizer exhaust
                                   temperature         below the maximum
                                   established         concentration
                                   during the          established
                                   performance test;   during the
                                   AND check the       performance test.
                                   activity level of
                                   a representative
                                   sample of the
                                   catalyst annually
                                   except as
                                   specified in
                                   footnote ``2'' to
                                   this table.
(3) Biofilter...................  Maintain the 24-    Maintain the 24-
                                   hour block          hour block
                                   biofilter bed       average THC
                                   temperature         concentration \1\
                                   within the range    in the biofilter
                                   established         exhaust below the
                                   according to Sec. maximum
                                     63.2262(m).       concentration
                                                       established
                                                       during the
                                                       performance test.
(4) Control device other than a   Petition the EPA    Maintain the 3-
 thermal oxidizer, catalytic       Administrator for   hour block
 oxidizer, or biofilter.           site-specific       average THC
                                   operating           concentration \1\
                                   parameter(s) to     in the control
                                   be established      device exhaust
                                   during the          below the maximum
                                   performance test    concentration
                                   and maintain the    established
                                   average operating   during the
                                   parameter(s)        performance test.
                                   within the
                                   range(s)
                                   established
                                   during the
                                   performance test.

[[Page 341]]

 
(5) Process unit that meets a     Maintain on a       Maintain the 3-
 compliance option in Table 1A     daily basis the     hour block
 to this subpart, or a process     process unit        average THC
 unit that generates debits in     controlling         concentration \1\
 an emissions average without      operating           in the process
 the use of a control device.      parameter(s)        unit exhaust
                                   within the ranges   below the maximum
                                   established         concentration
                                   during the          established
                                   performance test    during the
                                   according to Sec. performance test.
                                     63.2262(n).
------------------------------------------------------------------------
\1\ You may choose to subtract methane from THC measurements.
\2\ You may forego the annual catalyst activity check during the
  calendar year when a performance test is conducted according to Table
  4 to this subpart.


[85 FR 49460, Aug. 13, 2020]



   Sec. Table 3 to Subpart DDDD of Part 63--Work Practice Requirements

------------------------------------------------------------------------
For the following process units at
existing or new affected sources .             You must . . .
                . .
------------------------------------------------------------------------
(1) Dry rotary dryers.............  Process furnish with a 24-hour block
                                     average inlet moisture content of
                                     less than or equal to 30 percent
                                     (by weight, dry basis); AND operate
                                     with a 24-hour block average inlet
                                     dryer temperature of less than or
                                     equal to 600 [deg]F.
(2) Hardwood veneer dryers........  Process less than 30 volume percent
                                     softwood species on an annual
                                     basis.
(3) Softwood veneer dryers........  Minimize fugitive emissions from the
                                     dryer doors through (proper
                                     maintenance procedures) and the
                                     green end of the dryers (through
                                     proper balancing of the heated zone
                                     exhausts).
(4) Veneer redryers...............  Process veneer that has been
                                     previously dried, such that the 24-
                                     hour block average inlet moisture
                                     content of the veneer is less than
                                     or equal to 25 percent (by weight,
                                     dry basis).
(5) Group 1 miscellaneous coating   Use non-HAP coatings as defined in
 operations.                         Sec. 63.2292.
(6) Process units and control       Follow documented site-specific
 systems undergoing safety-related   procedures such as use of automated
 shutdown on and after August 13,    controls or other measures that you
 2021 except as noted in footnote    have developed to protect workers
 ``1'' to this table.                and equipment to ensure that the
                                     flow of raw materials (such as
                                     furnish or resin) and fuel or
                                     process heat (as applicable) ceases
                                     and that material is removed from
                                     the process unit(s) as
                                     expeditiously as possible given the
                                     system design to reduce air
                                     emissions.
(7) Pressurized refiners            Route exhaust gases from the
 undergoing startup or shutdown on   pressurized refiner to its dryer
 and after August 13, 2021 except    control system no later than 15
 as noted in footnote ``1'' to       minutes after wood is fed to the
 this table.                         pressurized refiner during startup.
                                     Stop wood flow into the pressurized
                                     refiner no more than 15 minutes
                                     after wood fiber and exhaust gases
                                     from the pressurized refiner stop
                                     being routed to the dryer during
                                     shutdown.
(8) Direct-fired softwood veneer    Cease feeding green veneer into the
 dryers undergoing startup or        softwood veneer dryer and minimize
 shutdown of gas-fired burners on    the amount of time direct gas-fired
 and after August 13, 2021 except    softwood veneer dryers are vented
 as noted in footnote ``1'' to       to the atmosphere due to the
 this table.                         conditions described in Sec.
                                     63.2250(d).
------------------------------------------------------------------------
\1\ New or reconstructed affected sources that commenced construction or
  reconstruction after September 6, 2019 must comply with this
  requirement beginning on August 13, 2020 or upon initial startup,
  whichever is later.


[85 FR 49461, Aug. 13, 2020]



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

------------------------------------------------------------------------
           For . . .              You must . . .        Using . . .
------------------------------------------------------------------------
(1) each process unit subject   select sampling    Method 1 or 1A of 40
 to a compliance option in       port's location    CFR part 60,
 table 1A or 1B to this          and the number     appendix A-1 (as
 subpart or used in              of traverse        appropriate).
 calculation of an emissions     ports.
 average under Sec.
 63.2240(c).
(2) each process unit subject   determine          Method 2 in addition
 to a compliance option in       velocity and       to Method 2A, 2C,
 table 1A or 1B to this          volumetric flow    2D, 2F, or 2G in
 subpart or used in              rate.              appendices A-1 and A-
 calculation of an emissions                        2 to 40 CFR part 60
 average under Sec. (as appropriate).
 63.2240(c).
(3) each process unit subject   conduct gas        Method 3, 3A, or 3B
 to a compliance option in       molecular weight   in appendix A-2 to
 table 1A or 1B to this          analysis.          40 CFR part 60 (as
 subpart or used in                                 appropriate).
 calculation of an emissions
 average under Sec.
 63.2240(c).
(4) each process unit subject   measure moisture   Method 4 in appendix
 to a compliance option in       content of the     A-3 to 40 CFR part
 table 1A or 1B to this          stack gas.         60; OR Method 320 in
 subpart or used in                                 appendix A to this
 calculation of an emissions                        part; OR ASTM D6348-
 average under Sec. 03 (IBR, see Sec.
 63.2240(c).                                        63.14).

[[Page 342]]

 
(5) each process unit subject   measure emissions  Method 25A in
 to a compliance option in       of total HAP as    appendix A-7 to 40
 table 1B to this subpart for    THC.               CFR part 60. You may
 which you choose to                                measure emissions of
 demonstrate compliance using                       methane using EPA
 a total HAP as THC compliance                      Method 18 in
 option.                                            appendix A-6 to 40
                                                    CFR part 60 and
                                                    subtract the methane
                                                    emissions from the
                                                    emissions of total
                                                    HAP as THC.
(6) each process unit subject   measure emissions  Method 320 in
 to a compliance option in       of total HAP (as   appendix A to this
 table 1A to this subpart; OR    defined in Sec. part; OR the NCASI
 for each process unit used in    63.2292).         Method IM/CAN/WP-
 calculation of an emissions                        99.02 (IBR, see Sec.
 average under Sec. 63.14); OR the
 63.2240(c).                                        NCASI Method ISS/FP-
                                                    A105.01 (IBR, see
                                                    Sec. 63.14); OR
                                                    ASTM D6348-03 (IBR,
                                                    see Sec. 63.14)
                                                    provided that
                                                    percent R as
                                                    determined in Annex
                                                    A5 of ASTM D6348-03
                                                    is equal or greater
                                                    than 70 percent and
                                                    less than or equal
                                                    to 130 percent.
(7) each process unit subject   measure emissions  Method 308 in
 to a compliance option in       of methanol.       appendix A to this
 table 1B to this subpart for                       part; OR Method 320
 which you choose to                                in appendix A to
 demonstrate compliance using                       this part; OR the
 a methanol compliance option.                      NCASI Method CI/WP-
                                                    98.01 (IBR, see Sec.
                                                      63.14); OR the
                                                    NCASI Method IM/CAN/
                                                    WP-99.02 (IBR, see
                                                    Sec. 63.14); OR
                                                    the NCASI Method ISS/
                                                    FP-A105.01 (IBR, see
                                                    Sec. 63.14).
(8) each process unit subject   measure emissions  Method 316 in
 to a compliance option in       of formaldehyde.   appendix A to this
 table 1B to this subpart for                       part; OR Method 320
 which you choose to                                in appendix A to
 demonstrate compliance using                       this part; OR Method
 a formaldehyde compliance                          0011 in ``Test
 option.                                            Methods for
                                                    Evaluating Solid
                                                    Waste, Physical/
                                                    Chemical Methods''
                                                    (EPA Publication No.
                                                    SW-846) for
                                                    formaldehyde (IBR,
                                                    see Sec. 63.14);
                                                    OR the NCASI Method
                                                    CI/WP-98.01 (IBR,
                                                    see Sec. 63.14);
                                                    OR the NCASI Method
                                                    IM/CAN/WP-99.02
                                                    (IBR, see Sec.
                                                    63.14); OR the NCASI
                                                    Method ISS/FP-
                                                    A105.01 (IBR, see
                                                    Sec. 63.14).
(9) each reconstituted wood     meet the design    Methods 204 and 204A
 product press at a new or       specifications     through 204F of 40
 existing affected source or     included in the    CFR part 51,
 reconstituted wood product      definition of      appendix M, to
 board cooler at a new           wood products      determine capture
 affected source subject to a    enclosure in       efficiency (except
 compliance option in table 1B   Sec. 63.2292;    for wood products
 to this subpart or used in      or determine the   enclosures as
 calculation of an emissions     percent capture    defined in Sec.
 average under Sec. efficiency of      63.2292). Enclosures
 63.2240(c).                     the enclosure      that meet the
                                 directing          definition of wood
                                 emissions to an    products enclosure
                                 add-on control     or that meet Method
                                 device.            204 requirements for
                                                    a permanent total
                                                    enclosure (PTE) are
                                                    assumed to have a
                                                    capture efficiency
                                                    of 100 percent.
                                                    Enclosures that do
                                                    not meet either the
                                                    PTE requirements or
                                                    design criteria for
                                                    a wood products
                                                    enclosure must
                                                    determine the
                                                    capture efficiency
                                                    by constructing a
                                                    TTE according to the
                                                    requirements of
                                                    Method 204 and
                                                    applying Methods
                                                    204A through 204F
                                                    (as appropriate). As
                                                    an alternative to
                                                    Methods 204 and 204A
                                                    through 204F, you
                                                    may use the tracer
                                                    gas method contained
                                                    in appendix A to
                                                    this subpart.
(10) each reconstituted wood    determine the      a TTE and Methods 204
 product press at a new or       percent capture    and 204A through
 existing affected source or     efficiency.        204F (as
 reconstituted wood product                         appropriate) of 40
 board cooler at a new                              CFR part 51,
 affected source subject to a                       appendix M. As an
 compliance option in table 1A                      alternative to
 to this subpart.                                   installing a TTE and
                                                    using Methods 204
                                                    and 204A through
                                                    204F, you may use
                                                    the tracer gas
                                                    method contained in
                                                    appendix A to this
                                                    subpart. Enclosures
                                                    that meet the design
                                                    criteria (1) through
                                                    (4) in the
                                                    definition of wood
                                                    products enclosure,
                                                    or that meet Method
                                                    204 requirements for
                                                    a PTE (except for
                                                    the criteria
                                                    specified in section
                                                    6.2 of Method 204)
                                                    are assumed to have
                                                    a capture efficiency
                                                    of 100 percent.
                                                    Measured emissions
                                                    divided by the
                                                    capture efficiency
                                                    provides the
                                                    emission rate.
(11) each process unit subject  establish the      data from the
 to a compliance option in       site-specific      parameter monitoring
 tables 1A and 1B to this        operating          system or THC CEMS
 subpart or used in              requirements       and the applicable
 calculation of an emissions     (including the     performance test
 average under Sec. parameter limits   method(s).
 63.2240(c).                     or THC
                                 concentration
                                 limits) in table
                                 2 to this
                                 subpart.
------------------------------------------------------------------------


[85 FR 49461, Aug. 13, 2020]

[[Page 343]]



Sec. Table 5 to Subpart DDDD of Part 63--Performance Testing and Initial 
   Compliance Demonstrations for the Compliance Options and Operating 
                              Requirements

------------------------------------------------------------------------
                                   For the following       You have
                                  compliance options     demonstrated
         For each . . .              and operating    initial compliance
                                  requirements . . .       if . . .
------------------------------------------------------------------------
(1) Process unit listed in Table  Meet the            The average total
 1A to this subpart.               production-based    HAP emissions
                                   compliance          measured using
                                   options listed in   the methods in
                                   Table 1A to this    Table 4 to this
                                   subpart.            subpart over the
                                                       3-hour
                                                       performance test
                                                       are no greater
                                                       than the
                                                       compliance option
                                                       in Table 1A to
                                                       this subpart; AND
                                                       you have a record
                                                       of the operating
                                                       requirement(s)
                                                       listed in Table 2
                                                       to this subpart
                                                       for the process
                                                       unit over the
                                                       performance test
                                                       during which
                                                       emissions did not
                                                       exceed the
                                                       compliance option
                                                       value.
(2) Process unit listed in Table  Reduce emissions    Total HAP
 1B to this subpart.               of total HAP,       emissions,
                                   measured as THC,    measured using
                                   by 90 percent.      the methods in
                                                       Table 4 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test,
                                                       are reduced by at
                                                       least 90 percent,
                                                       as calculated
                                                       using the
                                                       procedures in
                                                       Sec. 63.2262;
                                                       AND you have a
                                                       record of the
                                                       operating
                                                       requirement(s)
                                                       listed in Table 2
                                                       to this subpart
                                                       for the process
                                                       unit over the
                                                       performance test
                                                       during which
                                                       emissions were
                                                       reduced by at
                                                       least 90 percent.
(3) Process unit listed in Table  Limit emissions of  The average total
 1B to this subpart.               total HAP,          HAP emissions,
                                   measured as THC,    measured using
                                   to 20 ppmvd.        the methods in
                                                       Table 4 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test,
                                                       do not exceed 20
                                                       ppmvd; AND you
                                                       have a record of
                                                       the operating
                                                       requirement(s)
                                                       listed in Table 2
                                                       to this subpart
                                                       for the process
                                                       unit over the
                                                       performance test
                                                       during which
                                                       emissions did not
                                                       exceed 20 ppmvd.
(4) Process unit listed in Table  Reduce methanol or  The methanol or
 1B to this subpart.               formaldehyde        formaldehyde
                                   emissions by 90     emissions
                                   percent.            measured using
                                                       the methods in
                                                       Table 4 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test,
                                                       are reduced by at
                                                       least 90 percent,
                                                       as calculated
                                                       using the
                                                       procedures in
                                                       Sec. 63.2262;
                                                       AND you have a
                                                       record of the
                                                       operating
                                                       requirement(s)
                                                       listed in Table 2
                                                       to this subpart
                                                       for the process
                                                       unit over the
                                                       performance test
                                                       during which
                                                       emissions were
                                                       reduced by at
                                                       least 90 percent.
(5) Process unit listed in Table  Limit methanol or   The average
 1B to this subpart.               formaldehyde        methanol or
                                   emissions to less   formaldehyde
                                   than or equal to    emissions,
                                   1 ppmvd (if         measured using
                                   uncontrolled        the methods in
                                   emissions are       Table 4 to this
                                   greater than or     subpart over the
                                   equal to 10         3-hour
                                   ppmvd).             performance test,
                                                       do not exceed 1
                                                       ppmvd; AND you
                                                       have a record of
                                                       the operating
                                                       requirement(s)
                                                       listed in Table 2
                                                       to this subpart
                                                       for the process
                                                       unit over the
                                                       performance test
                                                       during which
                                                       emissions did not
                                                       exceed 1 ppmvd.
                                                       If the process
                                                       unit is a
                                                       reconstituted
                                                       wood product
                                                       press or a
                                                       reconstituted
                                                       wood product
                                                       board cooler,
                                                       your capture
                                                       device either
                                                       meets the EPA
                                                       Method 204
                                                       criteria for a
                                                       PTE or achieves a
                                                       capture
                                                       efficiency of
                                                       greater than or
                                                       equal to 95
                                                       percent.
(6) Reconstituted wood product    Compliance options  You submit the
 press at a new or existing        in Tables 1A and    results of
 affected source, or               1B to this          capture
 reconstituted wood product        subpart or the      efficiency
 board cooler at a new affected    emissions           verification
 source.                           averaging           using the methods
                                   compliance option   in Table 4 to
                                   in Sec. this subpart with
                                   63.2240(c).         your Notification
                                                       of Compliance
                                                       Status.
(7) Process unit listed in Table  Compliance options  You submit with
 1B to this subpart controlled     in Table 1B to      your Notification
 by routing exhaust to a           this subpart or     of Compliance
 combustion unit.                  the emissions       Status
                                   averaging           documentation
                                   compliance option   showing that the
                                   in Sec. process exhausts
                                   63.2240(c).         controlled enter
                                                       into the flame
                                                       zone of your
                                                       combustion unit.

[[Page 344]]

 
(8) Process unit listed in Table  Compliance options  You submit with
 1B to this subpart using a wet    in Table 1B to      your Notification
 control device as the sole        this subpart or     of Compliance
 means of reducing HAP emissions.  the emissions       Status your plan
                                   averaging           to address how
                                   compliance option   organic HAP
                                   in Sec. captured in the
                                   63.2240(c).         wastewater from
                                                       the wet control
                                                       device is
                                                       contained or
                                                       destroyed to
                                                       minimize re-
                                                       release to the
                                                       atmosphere.
------------------------------------------------------------------------



      Sec. Table 6 to Subpart DDDD of Part 63--Initial Compliance 
              Demonstrations for Work Practice Requirements

------------------------------------------------------------------------
                                                           You have
                                   For the following     demonstrated
         For each . . .              work practice    initial compliance
                                  requirements . . .       if . . .
------------------------------------------------------------------------
(1) Dry rotary dryer............  Process furnish     You meet the work
                                   with an inlet       practice
                                   moisture content    requirement AND
                                   less than or        you submit a
                                   equal to 30         signed statement
                                   percent (by         with the
                                   weight, dry         Notification of
                                   basis) AND          Compliance Status
                                   operate with an     that the dryer
                                   inlet dryer         meets the
                                   temperature of      criteria of a
                                   less than or        ``dry rotary
                                   equal to 600        dryer'' AND you
                                   [deg]F.             have a record of
                                                       the inlet
                                                       moisture content
                                                       and inlet dryer
                                                       temperature (as
                                                       required in Sec.
                                                        63.2263).
(2) Hardwood veneer dryer.......  Process less than   You meet the work
                                   30 volume percent   practice
                                   softwood species.   requirement AND
                                                       you submit a
                                                       signed statement
                                                       with the
                                                       Notification of
                                                       Compliance Status
                                                       that the dryer
                                                       meets the
                                                       criteria of a
                                                       ``hardwood veneer
                                                       dryer'' AND you
                                                       have a record of
                                                       the percentage of
                                                       softwoods
                                                       processed in the
                                                       dryer (as
                                                       required in Sec.
                                                        63.2264).
(3) Softwood veneer dryer.......  Minimize fugitive   You meet the work
                                   emissions from      practice
                                   the dryer doors     requirement AND
                                   and the green end.  you submit with
                                                       the Notification
                                                       of Compliance
                                                       Status a copy of
                                                       your plan for
                                                       minimizing
                                                       fugitive
                                                       emissions from
                                                       the veneer dryer
                                                       heated zones (as
                                                       required in Sec.
                                                        63.2265).
(4) Veneer redryers.............  Process veneer      You meet the work
                                   with an inlet       practice
                                   moisture content    requirement AND
                                   of less than or     you submit a
                                   equal to 25         signed statement
                                   percent (by         with the
                                   weight, dry         Notification of
                                   basis).             Compliance Status
                                                       that the dryer
                                                       operates only as
                                                       a redryer AND you
                                                       have a record of
                                                       the veneer inlet
                                                       moisture content
                                                       of the veneer
                                                       processed in the
                                                       redryer (as
                                                       required in Sec.
                                                        63.2266).
(5) Group 1 miscellaneous         Use non-HAP         You meet the work
 coating operations.               coatings as         practice
                                   defined in Sec. requirement AND
                                   63.2292.            you submit a
                                                       signed statement
                                                       with the
                                                       Notification of
                                                       Compliance Status
                                                       that you are
                                                       using non-HAP
                                                       coatings AND you
                                                       have a record
                                                       showing that you
                                                       are using non-HAP
                                                       coatings.
(6) Process units and control     Follow documented   You meet the work
 systems undergoing safety-        site-specific       practice
 related shutdown on and after     procedures to       requirement AND
 August 13, 2021, except as        ensure the flow     you have a record
 noted in footnote ``1'' to this   of raw materials    of safety-related
 table.                            and fuel or         shutdown
                                   process heat        procedures
                                   ceases and that     available for
                                   material is         inspection by the
                                   removed from the    delegated
                                   process unit(s)     authority upon
                                   as expeditiously    request.
                                   as possible given
                                   the system design
                                   to reduce air
                                   emissions.
(7) Pressurized refiners          Route exhaust       You meet the work
 undergoing startup or shutdown    gases from the      practice
 on and after August 13, 2021,     pressurized         requirement AND
 except as noted in footnote       refiner to its      you have a record
 ``1'' to this table.              dryer control       of pressurized
                                   system no later     refiner startup
                                   than 15 minutes     and shutdown
                                   after wood is fed   procedures
                                   to the              available for
                                   pressurized         inspection by the
                                   refiner during      delegated
                                   startup. Stop       authority upon
                                   wood flow into      request.
                                   the pressurized
                                   refiner no more
                                   than 15 minutes
                                   after wood fiber
                                   and exhaust gases
                                   from the
                                   pressurized
                                   refiner stop
                                   being routed to
                                   the dryer during
                                   shutdown.

[[Page 345]]

 
(8) Direct-fired softwood veneer  Cease feeding       You meet the work
 dryers undergoing startup or      green veneer into   practice
 shutdown of gas-fired burners     the softwood        requirement AND
 on and after August 13, 2021,     veneer dryer and    you have a record
 except as noted in footnote       minimize the        of the procedures
 ``1'' to this table.              amount of time      for startup and
                                   direct gas-fired    shutdown of
                                   softwood veneer     softwood veneer
                                   dryers are vented   dryer gas-fired
                                   to the atmosphere   burners available
                                   due to the          for inspection by
                                   conditions          the delegated
                                   described in Sec. authority upon
                                     63.2250(d).       request.
------------------------------------------------------------------------
\1\ New or reconstructed affected sources that commenced construction or
  reconstruction after September 6, 2019 must comply with this
  requirement beginning on August 13, 2020 or upon initial startup,
  whichever is later.


[85 FR 49462, Aug. 13, 2020]



Sec. Table 7 to Subpart DDDD of Part 63--Continuous Compliance With the 
              Compliance Options and Operating Requirements

------------------------------------------------------------------------
                                                           You must
                                   For the following      demonstrate
            For . . .             compliance options      continuous
                                     and operating     compliance by . .
                                  requirements . . .           .
------------------------------------------------------------------------
(1) Each process unit listed in   Compliance options  Collecting and
 Table 1B to this subpart or       in Table 1B to      recording the
 used in calculation of an         this subpart or     operating
 emissions average under Sec. the emissions       parameter
 63.2240(c).                       averaging           monitoring system
                                   compliance option   data listed in
                                   in Sec. Table 2 to this
                                   63.2240(c) and      subpart for the
                                   the operating       process unit
                                   requirements in     according to Sec.
                                   Table 2 to this      Sec.
                                   subpart based on    63.2269(a)
                                   monitoring of       through (b) and
                                   operating           63.2270; AND
                                   parameters.         reducing the
                                                       operating
                                                       parameter
                                                       monitoring system
                                                       data to the
                                                       specified
                                                       averages in units
                                                       of the applicable
                                                       requirement
                                                       according to
                                                       calculations in
                                                       Sec. 63.2270;
                                                       AND maintaining
                                                       the average
                                                       operating
                                                       parameter at or
                                                       above the
                                                       minimum, at or
                                                       below the
                                                       maximum, or
                                                       within the range
                                                       (whichever
                                                       applies)
                                                       established
                                                       according to Sec.
                                                         63.2262.
(2) Each process unit listed in   Compliance options  Collecting and
 Tables 1A and 1B to this          in Tables 1A and    recording the THC
 subpart or used in calculation    1B to this          monitoring data
 of an emissions average under     subpart or the      listed in Table 2
 Sec. 63.2240(c).                emissions           to this subpart
                                   averaging           for the process
                                   compliance option   unit according to
                                   in Sec. Sec.
                                   63.2240(c) and      63.2269(d); AND
                                   the operating       reducing the CEMS
                                   requirements in     data to 3-hour
                                   Table 2 to this     block averages
                                   subpart based on    according to
                                   THC CEMS data.      calculations in
                                                       Sec.
                                                       63.2269(d); AND
                                                       maintaining the 3-
                                                       hour block
                                                       average THC
                                                       concentration in
                                                       the exhaust gases
                                                       less than or
                                                       equal to the THC
                                                       concentration
                                                       established
                                                       according to Sec.
                                                         63.2262.
(3) Each process unit using a     Compliance options  Conducting a
 biofilter.                        in Tables 1B to     repeat
                                   this subpart or     performance test
                                   the emissions       using the
                                   averaging           applicable
                                   compliance option   method(s)
                                   in Sec. specified in
                                   63.2240(c).         Table 4 to this
                                                       subpart \1\
                                                       within 2 years
                                                       following the
                                                       previous
                                                       performance test
                                                       and within 180
                                                       days after each
                                                       replacement of
                                                       any portion of
                                                       the biofilter bed
                                                       media with a
                                                       different type of
                                                       media or each
                                                       replacement of
                                                       more than 50
                                                       percent (by
                                                       volume) of the
                                                       biofilter bed
                                                       media with the
                                                       same type of
                                                       media.
(4) Each process unit using a     Compliance options  Checking the
 catalytic oxidizer.               in Table 1B to      activity level of
                                   this subpart or     a representative
                                   the emissions       sample of the
                                   averaging           catalyst at least
                                   compliance option   annually \2\ and
                                   in Sec. taking any
                                   63.2240(c).         necessary
                                                       corrective action
                                                       to ensure that
                                                       the catalyst is
                                                       performing within
                                                       its design range.
(5) Each process unit listed in   Compliance options  Collecting and
 Table 1A to this subpart, or      in Table 1A to      recording on a
 each process unit without a       this subpart or     daily basis
 control device used in            the emissions       process unit
 calculation of an emissions       averaging           controlling
 averaging debit under Sec. compliance option   operating
 63.2240(c).                       in Sec. parameter data;
                                   63.2240(c) and      AND maintaining
                                   the operating       the operating
                                   requirements in     parameter at or
                                   Table 2 to this     above the
                                   subpart based on    minimum, at or
                                   monitoring of       below the
                                   process unit        maximum, or
                                   controlling         within the range
                                   operating           (whichever
                                   parameters.         applies)
                                                       established
                                                       according to Sec.
                                                         63.2262.

[[Page 346]]

 
(6) Each Process unit listed in   Compliance options  Implementing your
 Table 1B to this subpart using    in Table 1B to      plan to address
 a wet control device as the       this subpart or     how organic HAP
 sole means of reducing HAP        the emissions       captured in the
 emissions.                        averaging           wastewater from
                                   compliance option   the wet control
                                   in Sec. device is
                                   63.2240(c).         contained or
                                                       destroyed to
                                                       minimize re-
                                                       release to the
                                                       atmosphere.
(7) Each process unit listed in   Compliance options  Conducting a
 Table 1B to this subpart using    in Tables 1B to     repeat
 a control device other than a     this subpart.       performance test
 biofilter.                                            using the
                                                       applicable
                                                       method(s)
                                                       specified in
                                                       Table 4 to this
                                                       subpart \1\ by
                                                       August 13, 2023
                                                       or within 60
                                                       months following
                                                       the previous
                                                       performance test,
                                                       whichever is
                                                       later, and
                                                       thereafter within
                                                       60 months
                                                       following the
                                                       previous
                                                       performance test.
------------------------------------------------------------------------
\1\ When conducting a repeat performance test, the capture efficiency
  demonstration required in Table 4 to this subpart, row 9 is not
  required to be repeated with the repeat emissions test if the capture
  device is maintained and operated consistent with its design as well
  as its operation during the previous capture efficiency demonstration
  conducted according to Table 4 to this subpart, row 9 as specified in
  Sec. 63.2267.
\2\ You may forego the annual catalyst activity check during the
  calendar year when a performance test is conducted according to Table
  4 to this subpart.


[85 FR 49463, Aug. 13, 2020]



Sec. Table 8 to Subpart DDDD of Part 63--Continuous Compliance With the 
                       Work Practice Requirements

------------------------------------------------------------------------
                                                           You must
                                   For the following      demonstrate
            For . . .                work practice        continuous
                                  requirements . . .   compliance by . .
                                                               .
------------------------------------------------------------------------
(1) Dry rotary dryer............  Process furnish     Maintaining the 24-
                                   with an inlet       hour block
                                   moisture content    average inlet
                                   less than or        furnish moisture
                                   equal to 30         content at less
                                   percent (by         than or equal to
                                   weight, dry         30 percent (by
                                   basis) AND          weight, dry
                                   operate with an     basis) AND
                                   inlet dryer         maintaining the
                                   temperature of      24-hour block
                                   less than or        average inlet
                                   equal to 600        dryer temperature
                                   [deg]F.             at less than or
                                                       equal to 600
                                                       [deg]F; AND
                                                       keeping records
                                                       of the inlet
                                                       temperature of
                                                       furnish moisture
                                                       content and inlet
                                                       dryer
                                                       temperature.
(2) Hardwood veneer dryer.......  Process less than   Maintaining the
                                   30 volume percent   volume percent
                                   softwood species.   softwood species
                                                       processed below
                                                       30 percent AND
                                                       keeping records
                                                       of the volume
                                                       percent softwood
                                                       species
                                                       processed.
(3) Softwood veneer dryer.......  Minimize fugitive   Following (and
                                   emissions from      documenting that
                                   the dryer doors     you are
                                   and the green end.  following) your
                                                       plan for
                                                       minimizing
                                                       fugitive
                                                       emissions.
(4) Veneer redryers.............  Process veneer      Maintaining the 24-
                                   with an inlet       hour block
                                   moisture content    average inlet
                                   of less than or     moisture content
                                   equal to 25         of the veneer
                                   percent (by         processed at or
                                   weight, dry         below of less
                                   basis).             than or 25
                                                       percent AND
                                                       keeping records
                                                       of the inlet
                                                       moisture content
                                                       of the veneer
                                                       processed.
(5) Group 1 miscellaneous         Use non-HAP         Continuing to use
 coating operations.               coatings as         non-HAP coatings
                                   defined in Sec. AND keeping
                                   63.2292.            records showing
                                                       that you are
                                                       using non-HAP
                                                       coatings.
(6) Process units and control     Follow documented   Keeping records
 systems undergoing safety-        site-specific       showing that you
 related shutdown on and after     procedures to       are following the
 August 13, 2021, except as        ensure the flow     work practice
 noted in footnote ``1'' to this   of raw materials    requirements
 table.                            and fuel or         during safety-
                                   process heat        related
                                   ceases and that     shutdowns.
                                   material is
                                   removed from the
                                   process unit(s)
                                   as expeditiously
                                   as possible given
                                   the system design
                                   to reduce air
                                   emissions.
(7) Pressurized refiners          Route exhaust       Keeping records
 undergoing startup or shutdown    gases from the      showing that you
 on and after August 13, 2021,     pressurized         are following the
 except as noted in footnote       refiner to its      work practice
 ``1'' to this table.              dryer control       requirements
                                   system no later     during
                                   than 15 minutes     pressurized
                                   after wood is fed   refiner startup
                                   to the              and shutdown
                                   pressurized         events.
                                   refiner during
                                   startup. Stop
                                   wood flow into
                                   the pressurized
                                   refiner no more
                                   than 15 minutes
                                   after wood fiber
                                   and exhaust gases
                                   from the
                                   pressurized
                                   refiner stop
                                   being routed to
                                   the dryer during
                                   shutdown..

[[Page 347]]

 
(8) Direct-fired softwood veneer  Cease feeding       Keeping records
 dryers undergoing startup or      green veneer into   showing that you
 shutdown of gas-fired burners     the softwood        are following the
 on and after August 13, 2021,     veneer dryer and    work practice
 except as noted in footnote       minimize the        requirements
 ``1'' to this table.              amount of time      while undergoing
                                   direct gas-fired    startup or
                                   softwood veneer     shutdown of
                                   dryers are vented   softwood veneer
                                   to the atmosphere   dryer direct gas-
                                   due to the          fired burners.
                                   conditions
                                   described in Sec.
                                     63.2250(d).
------------------------------------------------------------------------
\1\ New or reconstructed affected sources that commenced construction or
  reconstruction after September 6, 2019 must comply with this
  requirement beginning on August 13, 2020 or upon initial startup,
  whichever is later.


[85 FR 49464, Aug. 13, 2020]



    Sec. Table 9 to Subpart DDDD of Part 63--Requirements for Reports

------------------------------------------------------------------------
                                    The report must     You must submit
   You must submit a(n) . . .        contain . . .     the report . . .
------------------------------------------------------------------------
(1) Compliance report...........  The information in  Semiannually
                                   Sec. 63.2281(c)   according to the
                                   through (g).        requirements in
                                                       Sec.
                                                       63.2281(b).
(2) Immediate startup, shutdown,  (i) Actions taken   By fax or
 and malfunction report if you     for the event.      telephone within
 had a startup, shutdown, or      ..................   2 working days
 malfunction during the           (ii) The             after starting
 reporting period that is not      information in      actions
 consistent with your SSMP         Sec. inconsistent with
 before August 13, 2021.\1\        63.10(d)(5)(ii).    the plan.
                                                      By letter within 7
                                                       working days
                                                       after the end of
                                                       the event unless
                                                       you have made
                                                       alternative
                                                       arrangements with
                                                       the permitting
                                                       authority.
(3) Performance test report.....  The information     According to the
                                   required in Sec. requirements of
                                    63.7(g).           Sec.
                                                       63.2281(i).
(4) CMS performance evaluation,   The information     According to the
 as required for CEMS under Sec. required in Sec. requirements of
   63.2269(d)(2).                   63.7(g).           Sec.
                                                       63.2281(j).
------------------------------------------------------------------------
\1\ The requirement for the SSM report in row 2 of this table does not
  apply for new or reconstructed affected sources that commenced
  construction or reconstruction after September 6, 2019.


[85 FR 49465, Aug. 13, 2020]

[[Page 348]]

Table 10 to Subpart DDDD of Part 63--Applicability of General Provisions 
                             to This Subpart

----------------------------------------------------------------------------------------------------------------
                                                                                                Applies to this
                                                                             Applies to this     subpart on and
                                                                              subpart before    after August 13,
           Citation                  Subject          Brief description      August 13, 2021,   2021, except as
                                                                             except as noted   noted in footnote
                                                                            in footnote ``1''    ``1'' to this
                                                                              to this table          table
----------------------------------------------------------------------------------------------------------------
Sec. 63.1..................  Applicability.....  Initial applicability    Yes..............  Yes.
                                                    determination;
                                                    applicability after
                                                    standard established;
                                                    permit requirements;
                                                    extensions,
                                                    notifications.
Sec. 63.2..................  Definitions.......  Definitions for          Yes..............  Yes.
                                                    standards in this part.
Sec. 63.3..................  Units and           Units and abbreviations  Yes..............  Yes.
                                Abbreviations.      for standards in this
                                                    part.
Sec. 63.4..................  Prohibited          Prohibited activities;   Yes..............  Yes.
                                Activities and      compliance date;
                                Circumvention.      circumvention,
                                                    fragmentation.
Sec. 63.5..................  Preconstruction     Preconstruction review   Yes..............  Yes.
                                Review and          requirements of
                                Notification        section 112(i)(1).
                                Requirements.
Sec. 63.6(a)...............  Applicability.....  GP apply unless          Yes..............  Yes.
                                                    compliance extension;
                                                    GP apply to area
                                                    sources that become
                                                    major.
Sec. 63.6(b)(1)-(4)........  Compliance Dates    Standards apply at       Yes..............  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..............  Yes.
                                                    commenced construction
                                                    or reconstruction
                                                    after proposal.
Sec. 63.6(b)(6)............  [Reserved]........
Sec. 63.6(b)(7)............  Compliance Dates    Area sources that        Yes..............  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 an area
                                                    source.
Sec. 63.6(c)(1)-(2)........  Compliance Dates    Comply according to      Yes..............  Yes.
                                for Existing        date in subpart, which
                                Sources.            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]........
Sec. 63.6(c)(5)............  Compliance Dates    Area sources that        Yes..............  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
                                                    (e.g., 3 years).
Sec. 63.6(d)...............  [Reserved]........
Sec. 63.6(e)(1)(i).........  General Duty to     You must operate and     Yes..............  No, see Sec.
                                Minimize            maintain affected                           63.2250 for
                                Emissions.          source in a manner                          general duty
                                                    consistent with safety                      requirement.
                                                    and good air pollution
                                                    control practices for
                                                    minimizing emissions.

[[Page 349]]

 
Sec. 63.6(e)(1)(ii)........  Requirement to      You must correct         Yes..............  No.
                                Correct             malfunctions as soon
                                Malfunctions ASAP.  as practicable after
                                                    their occurrence.
Sec. 63.6(e)(1)(iii).......  Operation and       Operation and            Yes..............  Yes.
                                Maintenance         maintenance
                                Requirements.       requirements are
                                                    enforceable
                                                    independent of
                                                    emissions limitations
                                                    or other requirements
                                                    in relevant standards.
Sec. 63.6(e)(2)............  [Reserved]........
Sec. 63.6(e)(3)............  Startup, Shutdown,  Requirement for SSM and  Yes..............  No.
                                and Malfunction     SSMP; content of SSMP.
                                Plan (SSMP).
Sec. 63.6(f)(1)............  SSM Exemption.....  You must comply with     No. See Sec. No.
                                                    emission standards at    63.2250(a).
                                                    all times except
                                                    during SSM.
Sec. 63.6(f)(2)-(3)........  Methods for         Compliance based on      Yes..............  Yes.
                                Determining         performance test,
                                Compliance/         operation and
                                Finding of          maintenance plans,
                                Compliance.         records, inspection.
Sec. 63.6(g)(1)-(3)........  Alternative         Procedures for getting   Yes..............  Yes.
                                Standard.           an alternative
                                                    standard.
Sec. 63.6(h)(1)............  SSM Exemption.....  You must comply with     NA...............  No.
                                                    opacity and visible
                                                    emission standards at
                                                    all times except
                                                    during SSM.
Sec. 63.6(h)(2)-(9)........  Opacity/Visible     Requirements for         NA...............  NA.
                                Emission (VE)       opacity and visible
                                Standards.          emission standards.
Sec. 63.6(i)(1)-(14).......  Compliance          Procedures and criteria  Yes..............  Yes.
                                Extension.          for Administrator to
                                                    grant compliance
                                                    extension.
Sec. 63.6(i)(15)...........  [Reserved]........
Sec. 63.6(i)(16)...........  Compliance          Compliance extension     Yes..............  Yes.
                                Extension.          and Administrator's
                                                    authority.
Sec. 63.6(j)...............  Presidential        President may exempt     Yes..............  Yes.
                                Compliance          source category from
                                Exemption.          requirement to comply
                                                    with rule.
Sec. 63.7(a)(1)-(2)........  Performance Test    Dates for conducting     Yes..............  Yes.
                                Dates.              initial performance
                                                    testing and other
                                                    compliance
                                                    demonstrations; must
                                                    conduct 180 days after
                                                    first subject to rule.
Sec. 63.7(a)(3)............  Section 114         Administrator may        Yes..............  Yes.
                                Authority.          require a performance
                                                    test under CAA section
                                                    114 at any time.
Sec. 63.7(b)(1)............  Notification of     Must notify              Yes..............  Yes.
                                Performance Test.   Administrator 60 days
                                                    before the test.
Sec. 63.7(b)(2)............  Notification of     If have to reschedule    Yes..............  Yes.
                                Rescheduling.       performance test, must
                                                    notify Administrator
                                                    as soon as practicable.
Sec. 63.7(c)...............  Quality Assurance/  Requirement to submit    Yes..............  Yes.
                                Test Plan.          site-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         Yes..............  Yes.
                                                    testing facilities.

[[Page 350]]

 
Sec. 63.7(e)(1)............  Performance         Performance tests must   Yes..............  No, see Sec.
                                Testing.            be conducted under                          63.2262(a)-(b).
                                                    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   Yes..............  Yes.
                                Conducting          to rule and EPA test
                                Performance Tests.  methods unless
                                                    Administrator approves
                                                    alternative.
Sec. 63.7(e)(3)............  Test Run Duration.  Must have three test     Yes..............  Yes.
                                                    runs for at least the
                                                    time specified in the
                                                    relevant standard;
                                                    compliance is based on
                                                    arithmetic mean of
                                                    three runs; specifies
                                                    conditions when data
                                                    from an additional
                                                    test run can be used.
Sec. 63.7(f)...............  Alternative Test    Procedures by which      Yes..............  Yes.
                                Method.             Administrator can
                                                    grant approval to use
                                                    an alternative test
                                                    method.
Sec. 63.7(g)...............  Performance Test    Must include raw data    Yes..............  Yes.
                                Data Analysis.      in 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..............  Yes.
                                                    Administrator to waive
                                                    performance test.
Sec. 63.8(a)(1)............  Applicability of    Subject to all           Yes..............  Yes.
                                Monitoring          monitoring
                                Requirements.       requirements in
                                                    standard.
Sec. 63.8(a)(2)............  Performance         Performance              Yes..............  Yes.
                                Specifications.     specifications in
                                                    appendix B of part 60
                                                    of this chapter apply.
Sec. 63.8(a)(3)............  [Reserved]........
Sec. 63.8(a)(4)............  Monitoring with     Requirements for flares  NA...............  NA.
                                Flares.             in Sec. 63.11 apply.
Sec. 63.8(b)(1)............  Monitoring........  Must conduct monitoring  Yes..............  Yes.
                                                    according to standard
                                                    unless Administrator
                                                    approves alternative.
Sec. 63.8(b)(2)-(3)........  Multiple Effluents  Specific requirements    Yes..............  Yes.
                                and Multiple        for installing
                                Monitoring          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 emission
                                                    point, must report all
                                                    monitoring system
                                                    results, unless one
                                                    monitoring system is a
                                                    backup.
Sec. 63.8(c)(1)............  Monitoring System   Maintain monitoring      Yes..............  Yes.
                                Operation and       system in a manner
                                Maintenance.        consistent with and
                                                    good air pollution
                                                    control practices.

[[Page 351]]

 
Sec. 63.8(c)(1)(i).........  Operation and       Must maintain and        Yes..............  No.
                                Maintenance of      operate CMS in
                                CMS.                accordance with Sec.
                                                    63.6(e)(1).
Sec. 63.8(c)(1)(ii)........  Spare Parts for     Must maintain spare      Yes..............  Yes.
                                CMS.                parts for routine CMS
                                                    repairs.
Sec. 63.8(c)(1)(iii).......  Requirements to     Must develop and         Yes..............  No.
                                Develop SSMP for    implement SSMP for CMS.
                                CMS.
Sec. 63.8(c)(2)-(3)........  Monitoring System   Must install to get      Yes..............  Yes.
                                Installation.       representative
                                                    emission of parameter
                                                    measurements; must
                                                    verify operational
                                                    status before or at
                                                    performance test.
Sec. 63.8(c)(4)............  CMS Requirements..  CMS must be operating    Yes..............  Yes.
                                                    except during
                                                    breakdown, out-of-
                                                    control, repair,
                                                    maintenance, and high-
                                                    level calibration
                                                    drifts; COMS must have
                                                    a minimum 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; CEMS
                                                    must have a minimum of
                                                    one cycle of operation
                                                    for each successive 15-
                                                    minute period.
Sec. 63.8(c)(5)............  Continuous Opacity  COMS minimum procedures  NA...............  NA.
                                Monitoring System
                                (COMS) Minimum
                                Procedures.
Sec. 63.8(c)(6)-(8)........  CMS Requirements..  Zero and high-level      Yes..............  Yes.
                                                    calibration check
                                                    requirements; out-of-
                                                    control periods.
Sec. 63.8(d)(1)-(2)........  CMS Quality         Requirements for CMS     Yes. Refer to      Yes. Refer to
                                Control.            quality control,         Sec. Sec.
                                                    including calibration,   63.2269(a)-(c)     63.2269(a)-(c)
                                                    etc..                    for CPMS quality   for CPMS quality
                                                                             control            control
                                                                             procedures to be   procedures to be
                                                                             included in the    included in the
                                                                             quality control    quality control
                                                                             program.           program.
Sec. 63.8(d)(3)............  Written Procedures  Must keep quality        Yes..............  No, see Sec.
                                for CMS.            control plan on record                      63.2282(f).
                                                    for 5 years. Keep old
                                                    versions for 5 years
                                                    after revisions. May
                                                    incorporate as part of
                                                    SSMP to avoid
                                                    duplication..
Sec. 63.8(e)...............  CMS Performance     Notification,            Yes, for CEMS....  Yes, for CEMS.
                                Evaluation.         performance evaluation
                                                    test plan, reports.
Sec. 63.8(f)(1)-(5)........  Alternative         Procedures for           Yes..............  Yes.
                                Monitoring Method.  Administrator to
                                                    approve alternative
                                                    monitoring.
Sec. 63.8(f)(6)............  Alternative to      Procedures for           Yes, for CEMS....  Yes, for CEMS.
                                Relative Accuracy   Administrator to
                                Test.               approve alternative
                                                    relative accuracy
                                                    tests for CEMS.

[[Page 352]]

 
Sec. 63.8(g)...............  Data Reduction....  COMS 6-minute averages   Yes..............  Yes.
                                                    calculated over at
                                                    least 36 evenly spaced
                                                    data points; CEMS 1
                                                    hour averages computed
                                                    over at least 4
                                                    equally spaced data
                                                    points; data that
                                                    can't be used in
                                                    average; rounding of
                                                    data.
Sec. 63.9(a)...............  Notification        Applicability and State  Yes..............  Yes.
                                Requirements.       delegation.
Sec. 63.9(b)(1)-(2)........  Initial             Submit notification 120  Yes..............  Yes.
                                Notifications.      days after effective
                                                    date; contents of
                                                    notification.
Sec. 63.9(b)(3)............  [Reserved]........
Sec. 63.9(b)(4)-(5)........  Initial             Submit notification 120  Yes..............  Yes.
                                Notifications.      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         Can request if cannot    Yes..............  Yes.
                                Compliance          comply by date or if
                                Extension.          installed best
                                                    available control
                                                    technology/lowest
                                                    achievable emission
                                                    rate.
Sec. 63.9(d)...............  Notification of     For sources that         Yes..............  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 EPA               Yes..............  Yes.
                                Performance Test.   Administrator 60 days
                                                    prior.
Sec. 63.9(f)...............  Notification of     Notify EPA               No...............  No.
                                Visible Emissions/  Administrator 30 days
                                Opacity Test.       prior.
Sec. 63.9(g)...............  Additional          Notification of          Yes..............  Yes.
                                Notifications       performance
                                When Using CMS.     evaluation;
                                                    notification using
                                                    COMS data;
                                                    notification that
                                                    exceeded criterion for
                                                    relative accuracy.
Sec. 63.9(h)(1)-(6)........  Notification of     Contents; due 60 days    Yes..............  Yes.
                                Compliance Status.  after end of
                                                    performance test or
                                                    other 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       Procedures for           Yes..............  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..............  Yes.
                                Information.        days after the change.
Sec. 63.9(k)...............  Electronic          Electronic reporting     Yes, only as       Yes, only as
                                reporting           procedures.              specified in       specified in
                                procedures.                                  Sec. 63.9(j).    Sec. 63.9(j).

[[Page 353]]

 
Sec. 63.10(a)..............  Recordkeeping/      Applies to all, unless   Yes..............  Yes.
                                Reporting.          compliance extension;
                                                    when to submit to
                                                    Federal vs. State
                                                    authority; procedures
                                                    for owners of more
                                                    than one source.
Sec. 63.10(b)(1)...........  Recordkeeping/      General Requirements;    Yes..............  Yes.
                                Reporting.          keep all records
                                                    readily available;
                                                    keep for 5 years.
Sec. 63.10(b)(2)(i)........  Recordkeeping of    Records of occurrence    Yes..............  No, see Sec.
                                Occurrence and      and duration of each                        63.2282(a).
                                Duration of         startup or shutdown
                                Startups and        that causes source to
                                Shutdowns.          exceed emission
                                                    limitation.
Sec. 63.10(b)(2)(ii).......  Recordkeeping of    Records of occurrence    Yes..............  No, see Sec.
                                Failures to Meet    and duration of each                        63.2282(a) for
                                a Standard.         malfunction of                              recordkeeping of
                                                    operation or air                            (1) date, time
                                                    pollution control and                       and duration;
                                                    monitoring equipment.                       (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 of maintenance   Yes..............  Yes.
                                Records.            performed on air
                                                    pollution control and
                                                    monitoring equipment.
Sec. 63.10(b)(2)(iv)-(v)...  Actions Taken to    Records of actions       Yes..............  No.
                                Minimize            taken during SSM to
                                Emissions During    minimize emissions.
                                SSM.
Sec. 63.10(b)(2)(vi) and     CMS Records.......  Malfunctions,            Yes..............  Yes.
 (x)-(xi).                                          inoperative, out-of-
                                                    control.
Sec. 63.10(b)(2)(vii)-(ix).  Records...........  Measurements to          Yes..............  Yes.
                                                    demonstrate compliance
                                                    with compliance
                                                    options and operating
                                                    requirements;
                                                    performance test,
                                                    performance
                                                    evaluation, and
                                                    visible emission
                                                    observation results;
                                                    measurements to
                                                    determine conditions
                                                    of performance tests
                                                    and performance
                                                    evaluations.
Sec. 63.10(b)(2)(xii)......  Records...........  Records when under       Yes..............  Yes.
                                                    waiver.
Sec. 63.10(b)(2)(xiii).....  Records...........  Records when using       Yes..............  Yes.
                                                    alternative to
                                                    relative accuracy test.
Sec. 63.10(b)(2)(xiv)......  Records...........  All documentation        Yes..............  Yes.
                                                    supporting initial
                                                    notification and
                                                    notification of
                                                    compliance status.
Sec. 63.10(b)(3)...........  Records...........  Applicability            Yes..............  Yes.
                                                    determinations.
Sec. 63.10(c)(1)-(6), (9)-   Records...........  Additional records for   Yes..............  Yes.
 (14).                                              CMS.

[[Page 354]]

 
Sec. 63.10(c)(7)-(8).......  Records...........  Records of excess        No...............  No.
                                                    emissions and
                                                    parameter monitoring
                                                    exceedances for CMS.
Sec. 63.10(c)(15)..........  Use of SSMP.......  Use SSMP to satisfy      Yes..............  No.
                                                    recordkeeping
                                                    requirements for
                                                    identification of
                                                    malfunction,
                                                    correction action
                                                    taken, and nature of
                                                    repairs to CMS.
Sec. 63.10(d)(1)...........  General Reporting   Requirement to report..  Yes..............  Yes.
                                Requirements.
Sec. 63.10(d)(2)...........  Report of           When to submit to        Yes..............  Yes.
                                Performance Test    Federal or State
                                Results.            authority.
Sec. 63.10(d)(3)...........  Reporting Opacity   What to report and when  NA...............  NA.
                                or VE
                                Observations.
Sec. 63.10(d)(4)...........  Progress Reports..  Must submit progress     Yes..............  Yes.
                                                    reports on schedule if
                                                    under compliance
                                                    extension.
Sec. 63.10(d)(5)(i)........  Periodic SSM        Contents and submission  Yes..............  No, see Sec.
                                Reports.            of periodic SSM                             63.2281(d)-(e)
                                                    reports.                                    for malfunction
                                                                                                reporting
                                                                                                requirements.
Sec. 63.10(d)(5)(ii).......  Immediate SSM       Contents and submission  Yes..............  No.
                                Reports.            of immediate SSM
                                                    reports.
Sec. 63.10(e)(1)-(2).......  Additional CMS      Must report results for  Yes..............  Yes.
                                Reports.            each CEM on a unit;
                                                    written copy of
                                                    performance
                                                    evaluation; 3 copies
                                                    of COMS performance
                                                    evaluation.
Sec. 63.10(e)(3)...........  Reports...........  Excess emission reports  No...............  No.
Sec. 63.10(e)(4)...........  Reporting COMS      Must submit COMS data    NA...............  NA.
                                Data.               with performance test
                                                    data.
Sec. 63.10(f)..............  Waiver for          Procedures for EPA       Yes..............  Yes.
                                Recordkeeping/      Administrator to waive.
                                Reporting.
Sec. 63.11.................  Control Device and  Requirements for flares  NA...............  NA.
                                Work Practice       and alternative work
                                Requirements.       practice for equipment
                                                    leaks.
Sec. 63.12.................  State Authority     State authority to       Yes..............  Yes.
                                and Delegations.    enforce standards.
Sec. 63.13.................  Addresses.........  Addresses where          Yes..............  Yes.
                                                    reports,
                                                    notifications, and
                                                    requests are sent.
Sec. 63.14.................  Incorporations by   Test methods             Yes..............  Yes.
                                Reference.          incorporated by
                                                    reference.
Sec. 63.15.................  Availability of     Public and confidential  Yes..............  Yes.
                                Information and     information.
                                Confidentiality.

[[Page 355]]

 
Sec. 63.16.................  Performance Track   Requirements for         Yes..............  Yes.
                                Provisions.         Performance Track
                                                    member facilities.
----------------------------------------------------------------------------------------------------------------
\1\ New or reconstructed affected sources that commenced construction or reconstruction after September 6, 2019
  must comply with the requirements in column 5 of this table beginning on August 13, 2020 or upon initial
  startup, whichever is later.


[85 FR 49465, Aug. 13, 2020, as amended at 85 FR 73902, Nov. 19, 2020]

[[Page 356]]



  Sec. Appendix A to Subpart DDDD of Part 63--Alternative Procedure To 
 Determine Capture Efficiency From Enclosures Around Hot Presses in the 
 Plywood and Composite Wood Products Industry Using Sulfur Hexafluoride 
                               Tracer Gas

                        1.0 Scope and Application

    This procedure has been developed specifically for the rule for the 
plywood and composite wood products (PCWP) industry and is used to 
determine the capture efficiency of a partial hot press enclosure in 
that industry. This procedure is applicable for the determination of 
capture efficiency for enclosures around hot presses and is an 
alternative to the construction of temporary total enclosures (TTE). 
Sulfur hexafluoride (SF6) is used as a tracer gas (other 
tracer gases may be used if approved by the EPA Administrator). This gas 
is not indigenous to the ambient atmosphere and is nonreactive.
    This procedure uses infrared spectrometry (IR) as the analytical 
technique. When the infrared spectrometer used is a Fourier-Transform 
Infrared spectrometer (FTIR), an alternate instrument calibration 
procedure may be used; the alternate calibration procedure is the 
calibration transfer standard (CTS) procedure of EPA Method 320 
(appendix A to 40 CFR part 63). Other analytical techniques which are 
capable of equivalent Method Performance (Section 13.0) also may be 
used. Specifically, gas chromatography with electron capture detection 
(GC/ECD) is an applicable technique for analysis of SF6.

                          2.0 Summary of Method

    A constant mass flow rate of SF6 tracer gas is released 
through manifolds at multiple locations within the enclosure to mimic 
the release of hazardous air pollutants during the press process. This 
test method requires a minimum of three SF6 injection points 
(two at the press unloader and one at the press) and provides details 
about considerations for locating the injection points. A GC/ECD is used 
to measure the concentration of SF6 at the inlet duct to the 
control device (outlet duct from enclosure). Simultaneously, EPA Method 
2 (appendix A to 40 CFR part 60) is used to measure the flow rate at the 
inlet duct to the control device. The concentration and flow rate 
measurements are used to calculate the mass emission rate of 
SF6 at the control device inlet. Through calculation of the 
mass of SF6 released through the manifolds and the mass of 
SF6 measured at the inlet to the control device, the capture 
efficiency of the enclosure is calculated.
    In addition, optional samples of the ambient air may be taken at 
locations around the perimeter of the enclosure to quantify the ambient 
concentration of SF6 and to identify those areas of the 
enclosure that may be performing less efficiently; these samples would 
be taken using disposable syringes and would be analyzed using a GC/ECD.
    Finally, in addition to the requirements specified in this 
procedure, the data quality objectives (DQO) or lower confidence limit 
(LCL) criteria specified in appendix A to 40 CFR part 63, subpart KK, 
Data Quality Objective and Lower Confidence Limit Approaches for 
Alternative Capture Efficiency Protocols and Test Methods, must also be 
satisfied. A minimum of three test runs are required for this procedure; 
however, additional test runs may be required based on the results of 
the DQO or LCL analysis.

                             3.0 Definitions

    3.1 Capture efficiency (CE). The weight per unit time of 
SF6 entering the control device divided by the weight per 
unit time of SF6 released through manifolds at multiple 
locations within the enclosure.
    3.2 Control device (CD). The equipment used to reduce, by 
destruction or removal, press exhaust air pollutants prior to discharge 
to the ambient air.
    3.3 Control/destruction efficiency (DE). The volatile organic 
compound or HAP removal efficiency of the control device.
    3.4 Data Quality Objective (DQO) Approach. A statistical procedure 
to determine the precision of the data from a test series and to qualify 
the data in the determination of capture efficiency for compliance 
purposes. If the results of the DQO analysis of the initial three test 
runs do not satisfy the DQO criterion, the LCL approach can be used or 
additional test runs must be conducted. If additional test runs are 
conducted, then the DQO or LCL analysis is conducted using the data from 
both the initial test runs and all additional test runs.
    3.5 Lower Confidence Limit (LCL) Approach. An alternative 
statistical procedure that can be used to qualify data in the 
determination of capture efficiency for compliance purposes. If the 
results of the LCL approach produce a CE that is too low for 
demonstrating compliance, then additional test runs must be conducted 
until the LCL or DQO is met. As with the DQO, data from all valid test 
runs must be used in the calculation.
    3.6 Minimum Measurement Level (MML). The minimum tracer gas 
concentration expected to be measured during the test series. This value 
is selected by the tester based on the capabilities of the IR 
spectrometer (or GC/ECD) and the other known or measured parameters of 
the hot press enclosure to be tested. The selected MML must be above the 
low-level calibration standard and preferably below the mid-level 
calibration standard.

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    3.7 Method 204. The U.S. EPA Method 204, ``Criteria For and 
Verification of a Permanent or Temporary Total Enclosure'' (40 CFR part 
51, appendix M).
    3.8 Method 205. The U.S. EPA Method 205, ``Verification of Gas 
Dilution Systems for Field Instrument Calibrations'' (40 CFR part 51, 
appendix M).
    3.9 Method 320. The U.S. EPA Method 320, ``Measurement of Vapor 
Phase Organic and Inorganic Emissions by Extractive Fourier Transform 
Infrared (FTIR) Spectroscopy'' (40 CFR part 63, appendix A).
    3.10 Overall capture and control efficiency (CCE). The collection 
and control/destruction efficiency of both the PPE and CD combined. The 
CCE is calculated as the product of the CE and DE.
    3.11 Partial press enclosure (PPE). The physical barrier that 
``partially'' encloses the press equipment, captures a significant 
amount of the associated emissions, and transports those emissions to 
the CD.
    3.12 Test series. A minimum of three test runs or, when more than 
three runs are conducted, all of the test runs conducted.

                            4.0 Interferences

    There are no known interferences.

                               5.0 Safety

    Sulfur hexafluoride is a colorless, odorless, nonflammable liquefied 
gas. It is stable and nonreactive and, because it is noncorrosive, most 
structural materials are compatible with it. The Occupational Safety and 
Health Administration Permissible Emission Limit-Time Weighted Average 
(PEL-TWA) and Threshold Limit Value-Time Weighted Average (TLV-TWA) 
concentrations are 1,000 parts per million. Sulfur hexafluoride is an 
asphyxiant. Exposure to an oxygen-deficient atmosphere (less than 19.5 
percent oxygen) may cause dizziness, drowsiness, nausea, vomiting, 
excess salivation, diminished mental alertness, loss of consciousness, 
and death. Exposure to atmospheres containing less than 12 percent 
oxygen will bring about unconsciousness without warning and so quickly 
that the individuals cannot help themselves. Contact with liquid or cold 
vapor may cause frostbite. Avoid breathing sulfur hexafluoride gas. 
Self-contained breathing apparatus may be required by rescue workers. 
Sulfur hexafluoride is not listed as a carcinogen or a potential 
carcinogen.

                       6.0 Equipment and Supplies

    This method requires equipment and supplies for: (a) the injection 
of tracer gas into the enclosure, (b) the measurement of the tracer gas 
concentration in the exhaust gas entering the control device, and (c) 
the measurement of the volumetric flow rate of the exhaust gas entering 
the control device. In addition, the requisite equipment needed for EPA 
Methods 1-4 in appendix A to 40 CFR part 60 will be required. Equipment 
and supplies for optional ambient air sampling are discussed in Section 
8.6.
    6.1 Tracer Gas Injection.
    6.1.1 Manifolds. This method requires the use of tracer gas supply 
cylinder(s) along with the appropriate flow control elements. Figure 1 
shows a schematic drawing of the injection system showing potential 
locations for the tracer gas manifolds. Figure 2 shows a schematic 
drawing of the recommended configuration of the injection manifold. 
Three tracer gas discharge manifolds are required at a minimum.
    6.1.2 Flow Control Meter. Flow control and measurement meter for 
measuring the quantity of tracer gas injected. A mass flow, volumetric 
flow, or critical orifice control meter can be used for this method. The 
meter must be accurate to within 5 percent at the 
flow rate used. This means that the flow meter must be calibrated 
against a primary standard for flow measurement at the appropriate flow 
rate.
    6.2 Measurement of Tracer Gas Concentration.
    6.2.1 Sampling Probes. Use Pyrex or stainless steel sampling probes 
of sufficient length to reach the traverse points calculated according 
to EPA Method 1 (appendix A to 40 CFR part 60).
    6.2.2 Sampling Line. Use a heated Teflon sampling line to transport 
the sample to the analytical instrument.
    6.2.3 Sampling Pump. Use a sampling pump capable of extracting 
sufficient sample from the duct and transporting to the analytical 
instrument.
    6.2.4 Sample Conditioning System. Use a particulate filter 
sufficient to protect the sampling pump and analytical instrument. At 
the discretion of the tester and depending on the equipment used and the 
moisture content of the exhaust gas, it may be necessary to further 
condition the sample by removing moisture using a condenser.
    6.2.5 Analytical Instrument. Use one of the following analytical 
instruments.
    6.2.5.1 Spectrometer. Use an infrared spectrometer designed to 
measuring SF6 tracer gas and capable of meeting or exceeding 
the specifications of this procedure. An FTIR meeting the specifications 
of Method 320 in appendix A to 40 CFR part 63 may be used.
    6.2.5.2 GC/ECD. Use a GC/ECD designed to measure SF6 
tracer gas and capable of meeting or exceeding the specifications of 
this procedure.
    6.2.6 Recorder. At a minimum, use a recorder with linear strip 
chart. An automated data acquisition system (DAS) is recommended.
    6.3 Exhaust Gas Flow Rate Measurement. Use equipment specified for 
EPA Methods 2, 3, and 4 in appendix A to 40 CFR part 60 for

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measuring flow rate of exhaust gas at the inlet to the control device.

                       7.0 Reagents and Standards

    7.1 Tracer Gas. Use SF6 as the tracer gas. The 
manufacturer of the SF6 tracer gas should provide a 
recommended shelf life for the tracer gas cylinder over which the 
concentration does not change more than 2 percent 
from the certified value. A gas mixture of SF6 diluted with 
nitrogen should be used; based on experience and calculations, pure 
SF6 gas is not necessary to conduct tracer gas testing. 
Select a concentration and flow rate that is appropriate for the 
analytical instrument's detection limit, the MML, and the exhaust gas 
flow rate from the enclosure (see section 8.1.1). You may use a tracer 
gas other than SF6 with the prior approval of the EPA 
Administrator. If you use an approved tracer gas other than 
SF6, all references to SF6 in this protocol 
instead refer to the approved tracer gas.
    7.2 Calibration Gases. The SF6 calibration gases required 
will be dependent on the selected MML and the appropriate span selected 
for the test. Commercial cylinder gases certified by the manufacturer to 
be accurate to within 1 percent of the certified label value are 
preferable, although cylinder gases certified by the manufacturer to 2 
percent accuracy are allowed. Additionally, the manufacturer of the 
SF6 calibration gases should provide a recommended shelf life 
for each calibration gas cylinder over which the concentration does not 
change more than 2 percent from the certified 
value. Another option allowed by this method is for the tester to obtain 
high concentration certified cylinder gases and then use a dilution 
system meeting the requirements of EPA Method 205, 40 CFR part 51, 
appendix M, to make multi-level calibration gas standards. Low-level, 
mid-level, and high-level calibration gases will be required. The MML 
must be above the low-level standard, the high-level standard must be no 
more than four times the low-level standard, and the mid-level standard 
must be approximately halfway between the high- and low-level standards. 
See section 12.1 for an example calculation of this procedure.

    Note: If using an FTIR as the analytical instrument, the tester has 
the option of following the CTS procedures of Method 320 in appendix A 
to 40 CFR part 63; the calibration standards (and procedures) specified 
in Method 320 may be used in lieu of the calibration standards and 
procedures in this protocol.

    7.2.1 Zero Gas. High purity nitrogen.
    7.2.2 Low-Level Calibration Gas. An SF6 calibration gas 
in nitrogen with a concentration equivalent to 20 to 30 percent of the 
applicable span value.
    7.2.3 Mid-Level Calibration Gas. An SF6 calibration gas 
in nitrogen with a concentration equivalent to 45 to 55 percent of the 
applicable span value.
    7.2.4 High-Level Calibration Gas. An SF6 calibration gas 
in nitrogen with a concentration equivalent to 80 to 90 percent of the 
applicable span value.

       8.0 Sample Collection, Preservation, Storage, and Transport

    8.1 Test Design.
    8.1.1 Determination of Minimum Tracer Gas Flow Rate.
    8.1.1.1 Determine (via design calculations or measurements) the 
approximate flow rate of the exhaust gas through the enclosure, actual 
cubic feet per minute (acfm).
    8.1.1.2 Calculate the minimum tracer gas injection rate necessary to 
assure a detectable SF6 concentration at the exhaust gas 
measurement point (see section 12.1 for calculation).
    8.1.1.3 Select a flow meter for the injection system with an 
operating range appropriate for the injection rate selected.
    8.1.2 Determination of the Approximate Time to Reach Equilibrium.
    8.1.2.1 Determine the volume of the enclosure.
    8.1.2.2 Calculate the air changes per minute of the enclosure by 
dividing the approximate exhaust flow rate (8.1.1.1 above) by the 
enclosed volume (8.1.2.1 above).
    8.1.2.3 Calculate the time at which the tracer concentration in the 
enclosure will achieve approximate equilibrium. Divide 3 by the air 
changes per minute (8.1.2.2 above) to establish this time. This is the 
approximate length of time for the system to come to equilibrium. 
Concentration equilibrium occurs when the tracer concentration in the 
enclosure stops changing as a function of time for a constant tracer 
release rate. Because the press is continuously cycling, equilibrium may 
be exhibited by a repeating, but stable, cyclic pattern rather than a 
single constant concentration value. Assure sufficient tracer gas is 
available to allow the system to come to equilibrium, and to sample for 
a minimum of 20 minutes and repeat the procedure for a minimum of three 
test runs. Additional test runs may be required based on the results of 
the DQO and LCL analyses described in 40 CFR part 63, subpart KK, 
appendix A.
    8.1.3 Location of Injection Points. This method requires a minimum 
of three tracer gas injection points. The injection points should be 
located within leak prone, volatile organic compound/hazardous air 
pollutant (VOC/HAP) producing areas around the press, or horizontally 
within 12 inches of the defined equipment. One potential configuration 
of the injection points is depicted in Figure 1. The effect of wind, 
exfiltration through the building envelope, and air flowing through open 
building doors should be considered when locating tracer gas injection

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points within the enclosure. The injection points should also be located 
at a vertical elevation equal to the VOC/HAP generating zones. The 
injection points should not be located beneath obstructions that would 
prevent a natural dispersion of the gas. Document the selected injection 
points in a drawing(s).
    8.1.4 Location of Flow Measurement and Tracer Sampling. Accurate CD 
inlet gas flow rate measurements are critical to the success of this 
procedure. Select a measurement location meeting the criteria of EPA 
Method 1 (40 CFR part 60, appendix A), Sampling and Velocity Traverses 
for Stationary Sources. Also, when selecting the measurement location, 
consider whether stratification of the tracer gas is likely at the 
location (e.g., do not select a location immediately after a point of 
air in-leakage to the duct).
    8.2 Tracer Gas Release. Release the tracer gas at a calculated flow 
rate (see section 12.1 for calculation) through a minimum of three 
injection manifolds located as described above in 8.1.3. The tracer gas 
delivery lines must be routed into the enclosure and attached to the 
manifolds without violating the integrity of the enclosure.
    8.3 Pretest Measurements.
    8.3.1 Location of Sampling Point(s). If stratification is not 
suspected at the measurement location, select a single sample point 
located at the centroid of the CD inlet duct or at a point no closer to 
the CD inlet duct walls than 1 meter. If stratification is suspected, 
establish a ``measurement line'' that passes through the centroidal area 
and in the direction of any expected stratification. Locate three 
traverse points at 16.7, 50.0 and 83.3 percent of the measurement line 
and sample from each of these three points during each run, or follow 
the procedure in section 8.3.2 to verify whether stratification does or 
does not exist.
    8.3.2 Stratification Verification. The presence or absence of 
stratification can be verified by using the following procedure. While 
the facility is operating normally, initiate tracer gas release into the 
enclosure. For rectangular ducts, locate at least nine sample points in 
the cross section such that the sample points are the centroids of 
similarly-shaped, equal area divisions of the cross section. Measure the 
tracer gas concentration at each point. Calculate the mean value for all 
sample points. For circular ducts, conduct a 12-point traverse (i.e., 
six points on each of the two perpendicular diameters) locating the 
sample points as described in 40 CFR part 60, appendix A, Method 1. 
Perform the measurements and calculations as described above. Determine 
if the mean pollutant concentration is more than 10 percent different 
from any single point. If so, the cross section is considered to be 
stratified, and the tester may not use a single sample point location, 
but must use the three traverse points at 16.7, 50.0, and 83.3 percent 
of the entire measurement line. Other traverse points may be selected, 
provided that they can be shown to the satisfaction of the Administrator 
to provide a representative sample over the stack or duct cross section.
    8.4 CD Inlet Gas Flow Rate Measurements. The procedures of EPA 
Methods 1-4 (40 CFR part 60, appendix A) are used to determine the CD 
inlet gas flow rate. Molecular weight (Method 3) and moisture (Method 4) 
determinations are only required once for each test series. However, if 
the test series is not completed within 24 hours, then the molecular 
weight and moisture measurements should be repeated daily. As a minimum, 
velocity measurements are conducted according to the procedures of 
Methods 1 and 2 before and after each test run, as close to the start 
and end of the run as practicable. A velocity measurement between two 
runs satisfies both the criterion of ``after'' the run just completed 
and ``before'' the run to be initiated. Accurate exhaust gas flow rate 
measurements are critical to the success of this procedure. If 
significant temporal variations of flow rate are anticipated during the 
test run under normal process operating conditions, take appropriate 
steps to accurately measure the flow rate during the test. Examples of 
steps that might be taken include: (1) conducting additional velocity 
traverses during the test run; or (2) continuously monitoring a single 
point of average velocity during the run and using these data, in 
conjunction with the pre- and post-test traverses, to calculate an 
average velocity for the test run.
    8.5 Tracer Gas Measurement Procedure.
    8.5.1 Calibration Error Test. Immediately prior to the emission test 
(within 2 hours of the start of the test), introduce zero gas and high-
level calibration gas at the calibration valve assembly. Zero and 
calibrate the analyzer according to the manufacturer's procedures using, 
respectively, nitrogen and the calibration gases. Calculate the 
predicted response for the low-level and mid-level gases based on a 
linear response line between the zero and high-level response. Then 
introduce the low-level and mid-level calibration gases successively to 
the measurement system. Record the analyzer responses for the low-level 
and mid-level calibration gases and determine the differences between 
the measurement system responses and the predicted responses using the 
equation in section 12.3. These differences must be less than 5 percent 
of the respective calibration gas value. If not, the measurement system 
must be replaced or repaired prior to testing. No adjustments to the 
measurement system shall be conducted after the calibration and before 
the drift determination (section 8.5.4). If adjustments are necessary 
before the completion of the test series, perform the drift

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checks prior to the required adjustments and repeat the calibration 
following the adjustments. If multiple electronic ranges are to be used, 
each additional range must be checked with a mid-level calibration gas 
to verify the multiplication factor.

    Note: If using an FTIR for the analytical instrument, you may choose 
to follow the pretest preparation, evaluation, and calibration 
procedures of Method 320 (section 8.0) (40 CFR part 63, appendix A) in 
lieu of the above procedure.

    8.5.2 Response Time Test. Conduct this test once prior to each test 
series. Introduce zero gas into the measurement system at the 
calibration valve assembly. When the system output has stabilized, 
switch quickly to the high-level calibration gas. Record the time from 
the concentration change to the measurement system response equivalent 
to 95 percent of the step change. Repeat the test three times and 
average the results.
    8.5.3 SF6 Measurement. Sampling of the enclosure exhaust 
gas at the inlet to the CD should begin at the onset of tracer gas 
release. If necessary, adjust the tracer gas injection rate such that 
the measured tracer gas concentration at the CD inlet is within the 
spectrometer's calibration range (i.e., between the MML and the span 
value). Once the tracer gas concentration reaches equilibrium, the 
SF6 concentration should be measured using the infrared 
spectrometer continuously for at least 20 minutes per run. Continuously 
record (i.e., record at least once per minute) the concentration. 
Conduct at least three test runs. On the recording chart, in the data 
acquisition system, or in a log book, make a note of periods of process 
interruption or cyclic operation such as the cycles of the hot press 
operation. Table 1 to this appendix summarizes the physical measurements 
required for the enclosure testing.

    Note: If a GC/ECD is used as the analytical instrument, a continuous 
record (at least once per minute) likely will not be possible; make a 
minimum of five injections during each test run. Also, the minimum test 
run duration criterion of 20 minutes applies.

    8.5.4 Drift Determination. Immediately following the completion of 
the test run, reintroduce the zero and mid-level calibration gases, one 
at a time, to the measurement system at the calibration valve assembly. 
(Make no adjustments to the measurement system until both the zero and 
calibration drift checks are made.) Record the analyzer responses for 
the zero and mid-level calibration gases and determine the difference 
between the instrument responses for each gas prior to and after the 
emission test run using the equation in section 12.4. If the drift 
values exceed the specified limits (section 13), invalidate the test 
results preceding the check and repeat the test following corrections to 
the measurement system. Alternatively, recalibrate the test measurement 
system as in section 8.5.1 and report the results using both sets of 
calibration data (i.e., data determined prior to the test period and 
data determined following the test period). Note: If using an FTIR for 
the analytical instrument, you may choose to follow the post-test 
calibration procedures of Method 320 in appendix A to 40 CFR part 63 
(section 8.11.2) in lieu of the above procedures.
    8.6 Ambient Air Sampling (Optional). Sampling the ambient air 
surrounding the enclosure is optional. However, taking these samples 
during the capture efficiency testing will identify those areas of the 
enclosure that may be performing less efficiently.
    8.6.1 Location of Ambient Samples Outside the Enclosure (Optional). 
In selecting the sampling locations for collecting samples of the 
ambient air surrounding the enclosure, consider potential leak points, 
the direction of the release, and laminar flow characteristics in the 
area surrounding the enclosure. Samples should be collected from all 
sides of the enclosure, downstream in the prevailing room air flow, and 
in the operating personnel occupancy areas.
    8.6.2 Collection of Ambient Samples (Optional). During the tracer 
gas release, collect ambient samples from the area surrounding the 
enclosure perimeter at predetermined location using disposable syringes 
or some other type of containers that are non-absorbent, inert, and that 
have low permeability (i.e., polyvinyl fluoride film or polyester film 
sample bags or polyethylene, polypropylene, nylon or glass bottles). The 
use of disposable syringes allows samples to be injected directly into a 
gas chromatograph. Concentration measurements taken around the perimeter 
of the enclosure provide evidence of capture performance and will assist 
in the identification of those areas of the enclosure that are 
performing less efficiently.
    8.6.3 Analysis and Storage of Ambient Samples (Optional). Analyze 
the ambient samples using an analytical instrument calibrated and 
operated according to the procedures in this appendix or ASTM E 260 and 
ASTM E 697. Samples may be analyzed immediately after a sample is taken, 
or they may be stored for future analysis. Experience has shown no 
degradation of concentration in polypropylene syringes when stored for 
several months as long as the needle or syringe is plugged. 
Polypropylene syringes should be discarded after one use to eliminate 
the possibility of cross contamination of samples.

                           9.0 Quality Control

    9.1 Sampling, System Leak Check. A sampling system leak check should 
be conducted prior to and after each test run to ensure the integrity of 
the sampling system.
    9.2 Zero and Calibration Drift Tests.

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------------------------------------------------------------------------
        Section          Quality control measure          Effect
------------------------------------------------------------------------
8.5.4..................  Zero and calibration     Ensures that bias
                          drift tests.             introduced by drift
                                                   in the measurement
                                                   system output during
                                                   the run is no greater
                                                   than 3 percent of
                                                   span.
------------------------------------------------------------------------

                  10.0 Calibration and Standardization

    10.1 Control Device Inlet Air Flow Rate Measurement Equipment. 
Follow the equipment calibration requirements specified in Methods 2, 3, 
and 4 (appendix A to 40 CFR part 60) for measuring the velocity, 
molecular weight, and moisture of the control device inlet air.
    10.2 Tracer Gas Injection Rate. A dry gas volume flow meter, mass 
flow meter, or orifice can be used to measure the tracer gas injection 
flow rate. The selected flow measurement device must have an accuracy of 
greater than 5 percent at the field operating 
range. Prior to the test, verify the calibration of the selected flow 
measurement device using either a wet test meter, spirometer, or liquid 
displacement meter as the calibration device. Select a minimum of two 
flow rates to bracket the expected field operating range of the flow 
meter. Conduct three calibration runs at each of the two selected flow 
rates. For each run, note the exact quantity of gas as determined by the 
calibration standard and the gas volume indicated by the flow meter. For 
each flow rate, calculate the average percent difference of the 
indicated flow compared to the calibration standard.
    10.3 Spectrometer. Follow the calibration requirements specified by 
the equipment manufacturer for infrared spectrometer measurements and 
conduct the pretest calibration error test specified in section 8.5.1. 
Note: if using an FTIR analytical instrument see Method 320, section 10 
(appendix A to 40 CFR part 63).
    10.4 Gas Chromatograph. Follow the pre-test calibration requirements 
specified in section 8.5.1.
    10.5 Gas Chromatograph for Ambient Sampling (Optional). For the 
optional ambient sampling, follow the calibration requirements specified 
in section 8.5.1 or ASTM E 260 and E 697 and by the equipment 
manufacturer for gas chromatograph measurements.

                       11.0 Analytical Procedures

    The sample collection and analysis are concurrent for this method 
(see section 8.0).

                   12.0 Calculations and Data Analysis

    12.1 Estimate MML and Span. The MML is the minimum measurement 
level. The selection of this level is at the discretion of the tester. 
However, the MML must be higher than the low-level calibration standard, 
and the tester must be able to measure at this level with a precision of 
<=10 percent. As an example, select the MML as 10 times the instrument's 
published detection limit. The detection limit of one instrument is 0.01 
parts per million by volume (ppmv). Therefore, the MML would be 0.10 
ppmv. Select the low-level calibration standard as 0.08 ppmv. The high-
level standard would be four times the low-level standard or 0.32 ppmv. 
A reasonable mid-level standard would then be 0.20 ppmv (halfway between 
the low-level standard and the high-level standard). Finally, the span 
value would be approximately 0.40 ppmv (the high-level value is 80 
percent of the span). In this example, the following MML, calibration 
standards, and span values would apply:
MML = 0.10 ppmv
Low-level standard = 0.08 ppmv
Mid-level standard = 0.20 ppmv
High-level standard = 0.32 ppmv
Span value = 0.40 ppmv
    12.2 Estimate Tracer Gas Injection Rate for the Given Span. To 
estimate the minimum and maximum tracer gas injection rate, assume a 
worst case capture efficiency of 80 percent, and calculate the tracer 
gas flow rate based on known or measured parameters. To estimate the 
minimum tracer gas injection rate, assume that the MML concentration (10 
times the IR detection limit in this example) is desired at the 
measurement location. The following equation can be used to estimate the 
minimum tracer gas injection rate:

((QT-MIN x 0.8)/QE) x (CT / 100) x 
          10\6\ = MML

QT-MIN = 1.25 x MML x (QE/CT) x 
          10-4

Where:

QT-MIN = minimum volumetric flow rate of tracer gas injected, 
          standard cubic feet per minute (scfm);
QE = volumetric flow rate of exhaust gas, scfm;
CT = Tracer gas (SF6) concentration in gas blend, 
          percent by volume;
MML = minimum measured level, ppmv = 10 x IRDL (for this 
          example);
IRDL = IR detection limit, ppmv.

    Standard conditions: 20 [deg]C, 760 millimeters of mercury (mm Hg).
    To estimate the maximum tracer gas injection rate, assume that the 
span value is desired at the measurement location. The following 
equation can be used to estimate the maximum tracer gas injection rate:

((QT-MAX x 0.8)/QE) x (CT / 100) x 
          10\6\ = span value

QT-MAX = 1.25 x span value x (QE/CT) x 
          10-4


[[Page 362]]


Where:

QT-MAX = maximum volumetric flow rate of tracer gas injected, 
          scfm;
Span value = instrument span value, ppmv.

    The following example illustrates this calculation procedure:
    Find the range of volumetric flow rate of tracer gas to be injected 
when the following parameters are known:

QE = 60,000 scfm (typical exhaust gas flow rate from an 
          enclosure);
CT = 2 percent SF6 in nitrogen;
IRDL = 0.01 ppmv (per manufacturer's specifications);
MML = 10 x IRDL = 0.10 ppmv;
Span value = 0.40 ppmv;
QT = ?

Minimum tracer gas volumetric flow rate:

QT-MIN = 1.25 x MML x (QE/CT) x 
          10-4

QT-MIN = 1.25 x 0.10 x (60,000/2) x 10-4 = 0.375 
          scfm

Maximum tracer gas volumetric flow rate:

QT-MAX = 1.25 x span value x (QE/CT) x 
          10-4

    QT-MAX = 1.25 x 0.40 x (60,000/2) x 10-4 = 1.5 
scfm

    In this example, the estimated total volumetric flow rate of the two 
percent SF6 tracer gas injected through the manifolds in the 
enclosure lies between 0.375 and 1.5 scfm.
    12.3 Calibration Error. Calculate the calibration error for the low-
level and mid-level calibration gases using the following equation:

    Err = [verbar]Cstd-Cmeas[verbar] / 
Cstd x 100

Where:

Err = calibration error, percent;
Cstd = low-level or mid-level calibration gas value, ppmv;
Cmeas = measured response to low-level or mid-level 
          concentration gas, ppmv.

    12.4 Calibration Drift. Calculate the calibration drift for the zero 
and low-level calibration gases using the following equation:

D = [bond][verbar]Cinitial - Cfinal [bond][verbar] 
          / Cspan x 100

Where:

D = calibration drift, percent;
Cinitial = low-level or mid-level calibration gas value 
          measured before test run, ppmv;
Cfinal = low-level or mid-level calibration gas value 
          measured after test run, ppmv;
Cspan = span value, ppmv.

    12.5 Calculate Capture Efficiency. The equation to calculate 
enclosure capture efficiency is provided below:

CE = (SF6-CD / SF6-INJ) x 100

Where:

CE = capture efficiency;
SF6-CD = mass of SF6 measured at the inlet to the 
          CD;
SF6-INJ = mass of SF6 injected from the tracer 
          source into the enclosure.

Calculate the CE for each of the initial three test runs. Then follow 
the procedures outlined in section 12.6 to calculate the overall capture 
efficiency.
    12.6 Calculate Overall Capture Efficiency. After calculating the 
capture efficiency for each of the initial three test runs, follow the 
procedures in 40 CFR part 63, subpart KK, appendix A, to determine if 
the results of the testing can be used in determining compliance with 
the requirements of the rule. There are two methods that can be used: 
the DQO and LCL methods. The DQO method is described in section 3 of 40 
CFR part 63, subpart KK, appendix A, and provides a measure of the 
precision of the capture efficiency testing conducted. Section 3 of 40 
CFR part 63, subpart KK, appendix A, provides an example calculation 
using results from a facility. If the DQO criteria are met using the 
first set of three test runs, then the facility can use the average 
capture efficiency of these test results to determine the capture 
efficiency of the enclosure. If the DQO criteria are not met, then the 
facility can conduct another set of three runs and run the DQO analysis 
again using the results from the six runs OR the facility can elect to 
use the LCL approach.
    The LCL method is described in section 4 of 40 CFR part 63, subpart 
KK, appendix A, and provides sources that may be performing much better 
than their regulatory requirement, a screening option by which they can 
demonstrate compliance. The LCL approach compares the 80 percent lower 
confidence limit for the mean measured CE value to the applicable 
regulatory requirement. If the LCL capture efficiency is higher than the 
applicable limit, then the facility is in initial compliance and would 
use the LCL capture efficiency as the capture efficiency to determine 
compliance. If the LCL capture efficiency is lower than the applicable 
limit, then the facility must perform additional test runs and re-run 
the DQO or LCL analysis.

                         13.0 Method Performance

    13.1 Measurement System Performance Specifications.
    13.1.1 Zero Drift. Less than 3 percent of the 
span value.
    13.1.2 Calibration Drift. Less than 3 percent 
of the span value.
    13.1.3 Calibration Error. Less than 5 percent 
of the calibration gas value.
    13.2 Flow Measurement Specifications. The mass flow, volumetric 
flow, or critical orifice control meter used should have an accuracy of 
greater than 5 percent at the flow rate used.
    13.3 Calibration and Tracer Gas Specifications. The manufacturer of 
the calibration and tracer gases should provide a recommended shelf life 
for each calibration gas cylinder over which the concentration does

[[Page 363]]

not change more than 2 percent from the certified 
value.

                  14.0 Pollution Prevention [Reserved]

                    15.0 Waste Management [Reserved]

                             16.0 References

    1. 40 CFR part 60, appendix A, EPA Method 1--Sample and velocity 
traverses for stationary sources.
    2. 40 CFR part 60, appendix A, EPA Method 2--Determination of stack 
gas velocity and volumetric flow rate.
    3. 40 CFR part 60, appendix A, EPA Method 3--Gas analysis for the 
determination of dry molecular weight.
    4. 40 CFR part 60, appendix A, EPA Method 4--Determination of 
moisture content in stack gases.
    5. SEMI F15-93 Test Method for Enclosures Using Sulfur Hexafluoride 
Tracer Gas and Gas Chromotography.
    6. Memorandum from John S. Seitz, Director, Office of Air Quality 
Planning and Standards, to EPA Regional Directors, Revised Capture 
Efficiency Guidance for Control of Volatile Organic Compound Emissions, 
February 7, 1995. (That memorandum contains an attached technical 
document from Candace Sorrell, Emission Monitoring and Analysis 
Division, ``Guidelines for Determining Capture Efficiency,'' January 9, 
1994).
    7. Technical Systems Audit of Testing at Plant ``C,'' EPA-454/R-00-
26, May 2000.
    8. Material Safety Data Sheet for SF6 Air Products and 
Chemicals, Inc. Website: www3.airproducts.com. October 2001.

         17.0 Tables, Diagrams, Flowcharts, and Validation Data

             Table 1 to Appendix A--Summary of Critical Physical Measurements for Enclosure Testing
----------------------------------------------------------------------------------------------------------------
                                             Measurement
             Measurement                   instrumentation       Measurement frequency       Measurement site
----------------------------------------------------------------------------------------------------------------
Tracer gas injection rate............  Mass flow meter,         Continuous.............  Injection manifolds
                                        volumetric flow meter                             (cylinder gas).
                                        or critical orifice.
Tracer gas concentration at control    Infrared Spectrometer    Continuous (at least     Inlet duct to the
 device inlet.                          or GC/ECD.               one reading per          control device (outlet
                                                                 minute) for a minimum    duct of enclosure).
                                                                 of 20 minutes.
Volumetric air flow rate.............  EPA Methods 1, 2, 3, 4   Each test run for        Inlet duct to the
                                        (40 CFR part 60,         velocity (minimum);      control device (outlet
                                        appendix A).             Daily for moisture and   duct of enclosure).
                                               molecular weight.
                                        Velocity sensor
                                        (Manometer/Pitot tube).
                                       
                                        Thermocouple.
                                       
                                        Midget Impinger
                                        sampler
                                       
                                        Orsat or Fyrite
----------------------------------------------------------------------------------------------------------------


[[Page 364]]

[GRAPHIC] [TIFF OMITTED] TR72AD04.008


[[Page 365]]

[GRAPHIC] [TIFF OMITTED] TR72AD04.009


[69 FR 46011, July 30, 2004, as amended at 71 FR 8375, Feb. 16, 2006]



 Subpart EEEE_National Emission Standards for Hazardous Air Pollutants: 
               Organic Liquids Distribution (Non-Gasoline)

    Source: 69 FR 5063, Feb. 3, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.2330  What is the purpose of this subpart?

    This subpart establishes national emission limitations, operating 
limits, and work practice standards for organic hazardous air pollutants 
(HAP) emitted from organic liquids distribution (OLD) (non-gasoline) 
operations at major sources of HAP emissions. This subpart also 
establishes requirements to demonstrate initial and continuous 
compliance with the emission limitations, operating limits, and work 
practice standards.



Sec. 63.2334  Am I subject to this subpart?

    (a) Except as provided for in paragraphs (b) and (c) of this 
section, you are subject to this subpart if you own or operate an OLD 
operation that is located at, or is part of, a major source of HAP 
emissions. An OLD operation may occupy an entire plant site or be 
collocated with other industrial (e.g., manufacturing) operations at the 
same plant site.
    (b) Organic liquid distribution operations located at research and 
development facilities, consistent with section 112(c)(7) of the Clean 
Air Act (CAA), are not subject to this subpart.
    (c) Organic liquid distribution operations do not include the 
activities and equipment, including product loading racks, used to 
process, store, or transfer organic liquids at facilities listed in 
paragraph (c) (1) and (2) of this section.
    (1) Oil and natural gas production field facilities, as the term 
``facility'' is defined in Sec. 63.761 of subpart HH.
    (2) Natural gas transmission and storage facilities, as the term 
``facility'' is defined in Sec. 63.1271 of subpart HHH.



Sec. 63.2338  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing OLD 
operation affected source.
    (b) Except as provided in paragraph (c) of this section, the 
affected source is the collection of activities and equipment used to 
distribute organic liquids into, out of, or within a facility that is a 
major source of HAP. The affected source is composed of:
    (1) All storage tanks storing organic liquids.

[[Page 366]]

    (2) All transfer racks at which organic liquids are loaded into or 
unloaded out of transport vehicles and/or containers.
    (3) All equipment leak components in organic liquids service that 
are associated with:
    (i) Storage tanks storing organic liquids;
    (ii) Transfer racks loading or unloading organic liquids;
    (iii) Pipelines that transfer organic liquids directly between two 
storage tanks that are subject to this subpart;
    (iv) Pipelines that transfer organic liquids directly between a 
storage tank subject to this subpart and a transfer rack subject to this 
subpart; and
    (v) Pipelines that transfer organic liquids directly between two 
transfer racks that are subject to this subpart.
    (4) All transport vehicles while they are loading or unloading 
organic liquids at transfer racks subject to this subpart.
    (5) All containers while they are loading or unloading organic 
liquids at transfer racks subject to this subpart.
    (c) The equipment listed in paragraphs (c)(1) through (3) of this 
section and used in the identified operations is excluded from the 
affected source.
    (1) Storage tanks, transfer racks, transport vehicles, containers, 
and equipment leak components that are part of an affected source under 
another 40 CFR part 63 national emission standards for hazardous air 
pollutants (NESHAP).
    (2) Non-permanent storage tanks, transfer racks, transport vehicles, 
containers, and equipment leak components when used in special situation 
distribution loading and unloading operations (such as maintenance or 
upset liquids management).
    (3) Storage tanks, transfer racks, transport vehicles, containers, 
and equipment leak components when used to conduct maintenance 
activities, such as stormwater management, liquid removal from tanks for 
inspections and maintenance, or changeovers to a different liquid stored 
in a storage tank.
    (d) An affected source is a new affected source if you commenced 
construction of the affected source after April 2, 2002, and you meet 
the applicability criteria in Sec. 63.2334 at the time you commenced 
operation.
    (e) An affected source is reconstructed if you meet the criteria for 
reconstruction as defined in Sec. 63.2.
    (f) An affected source is existing if it is not new or 
reconstructed.

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42904, July 28, 2006; 85 
FR 40761, July 7, 2020]



Sec. 63.2342  When do I have to comply with this subpart?

    (a) Except as specified in paragraph (e) of this section, if you 
have a new or reconstructed affected source, you must comply with this 
subpart according to the schedule identified in paragraph (a)(1), (2), 
or (3) of this section, as applicable.
    (1)(i) Except as provided in paragraph (a)(1)(ii) of this section, 
if you startup your new affected source on or before February 3, 2004 or 
if you reconstruct your affected source on or before February 3, 2004, 
you must comply with the emission limitations, operating limits, and 
work practice standards for new and reconstructed sources in this 
subpart no later than February 3, 2004.
    (ii) For any emission source listed in paragraph Sec. 63.2338(b) at 
an affected source that commenced construction or reconstruction after 
April 2, 2002, but before February 3, 2004, that is required to be 
controlled based on the applicability criteria in this subpart, but:
    (A) Would not have been required to be controlled based on the 
applicability criteria as proposed for this subpart, you must comply 
with the emission limitations, operating limits, and work practice 
standards for each such emission source based on the schedule found in 
paragraph (b) of this section or at startup, whichever is later; or
    (B) Would have been subject to a less stringent degree of control 
requirement as proposed for this subpart, you must comply with the 
emission limitations, operating limits, and work practice standards in 
this subpart for each such emission source based on the schedule found 
in paragraph (b) of this section or at startup, whichever is later, and 
if you start up your affected new or reconstructed source before 
February 5, 2007, you must comply with the emission limitations, 
operating limits, and work practice standards for

[[Page 367]]

each such emission source as proposed for this subpart, until you are 
required to comply with the emission limitations, operating limits, and 
work practice standards in this subpart for each such emission source 
based on the schedule found in paragraph (b) of this section.
    (2) If you commence construction of or reconstruct your affected 
source after February 3, 2004, you must comply with the emission 
limitations, operating limits, and work practice standards for new and 
reconstructed sources in this subpart upon startup of your affected 
source.
    (3) If, after startup of a new affected source, the total actual 
annual facility-level organic liquid loading volume at that source 
exceeds the criteria for control in Table 2 to this subpart, items 9 and 
10, the owner or operator must comply with the transfer rack 
requirements specified in Sec. 63.2346(b) immediately; that is, be in 
compliance the first day of the period following the end of the 3-year 
period triggering the control criteria.
    (b) Except as specified in paragraph (e) of this section, if you 
have an existing affected source, you must comply with this subpart 
according to the schedule identified in paragraph (b)(1), (2), or (3) of 
this section, as applicable.
    (1) If you have an existing affected source, you must comply with 
the emission limitations, operating limits, and work practice standards 
for existing affected sources no later than February 5, 2007, except as 
provided in paragraphs (b)(2) and (3) of this section.
    (2) Floating roof storage tanks at existing affected sources must be 
in compliance with the work practice standards in Table 4 to this 
subpart, item 1, at all times after the next degassing and cleaning 
activity or within 10 years after February 3, 2004, whichever occurs 
first. If the first degassing and cleaning activity occurs during the 3 
years following February 3, 2004, the compliance date is February 5, 
2007.
    (3)(i) If an addition or change other than reconstruction as defined 
in Sec. 63.2 is made to an existing affected facility that causes the 
total actual annual facility-level organic liquid loading volume to 
exceed the criteria for control in Table 2 to this subpart, items 7 and 
8, the owner or operator must comply with the transfer rack requirements 
specified in Sec. 63.2346(b) immediately; that is, be in compliance the 
first day of the period following the end of the 3-year period 
triggering the control criteria.
    (ii) If the owner or operator believes that compliance with the 
transfer rack emission limits cannot be achieved immediately, as 
specified in paragraph (b)(3)(i) of this section, the owner or operator 
may submit a request for a compliance extension, as specified in 
paragraphs (b)(3)(ii)(A) through (I) of this section. Subject to 
paragraph (b)(3)(ii)(B) of this section, until an extension of 
compliance has been granted by the Administrator (or a State with an 
approved permit program) under this paragraph (b)(3)(ii), the owner or 
operator of the transfer rack subject to the requirements of this 
section shall comply with all applicable requirements of this subpart. 
Advice on requesting an extension of compliance may be obtained from the 
Administrator (or the State with an approved permit program).
    (A) Submittal. The owner or operator shall submit a request for a 
compliance extension to the Administrator (or a State, when the State 
has an approved 40 CFR part 70 permit program and the source is required 
to obtain a 40 CFR part 70 permit under that program, or a State, when 
the State has been delegated the authority to implement and enforce the 
emission standard for that source) seeking an extension allowing the 
source up to 1 additional year to comply with the transfer rack 
standard, if such additional period is necessary for the installation of 
controls. The owner or operator of the affected source who has requested 
an extension of compliance under this paragraph (b)(3)(ii)(A) and who is 
otherwise required to obtain a title V permit shall apply for such 
permit, or apply to have the source's title V permit revised to 
incorporate the conditions of the extension of compliance. The 
conditions of an extension of compliance granted under this paragraph 
(b)(3)(ii)(A) will be incorporated into the affected source's title V 
permit according to the provisions of 40 CFR part 70 or Federal

[[Page 368]]

title V regulations in this chapter (42 U.S.C. 7661), whichever are 
applicable.
    (B) When to submit. (1) Any request submitted under paragraph 
(b)(3)(ii)(A) of this section must be submitted in writing to the 
appropriate authority no later than 120 days prior to the affected 
source's compliance date (as specified in paragraph (b)(3)(i) of this 
section), except as provided for in paragraph (b)(3)(ii)(B)(2) of this 
section. Nonfrivolous requests submitted under this paragraph 
(b)(3)(ii)(B)(1) will stay the applicability of the rule as to the 
emission points in question until such time as the request is granted or 
denied. A denial will be effective as of the date of denial.
    (2) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (b)(3)(ii)(B)(1) of this section 
provided the need for the compliance extension arose after that date, 
and before the otherwise applicable compliance date and the need arose 
due to circumstances beyond reasonable control of the owner or operator. 
This request must include, in addition to the information required in 
paragraph (b)(3)(ii)(C) of this section, a statement of the reasons 
additional time is needed and the date when the owner or operator first 
learned of the problems. Nonfrivolous requests submitted under this 
paragraph (b)(3)(ii)(B)(2) will stay the applicability of the rule as to 
the emission points in question until such time as the request is 
granted or denied. A denial will be effective as of the original 
compliance date.
    (C) Information required. The request for a compliance extension 
under paragraph (b)(3)(ii)(A) of this section shall include the 
following information:
    (1) The name and address of the owner or operator and the address of 
the existing source if it differs from the address of the owner or 
operator;
    (2) The name, address, and telephone number of a contact person for 
further information;
    (3) An identification of the organic liquid distribution operation 
and of the specific equipment for which additional compliance time is 
required;
    (4) A description of the controls to be installed to comply with the 
standard;
    (5) Justification for the length of time being requested; and
    (6) A compliance schedule, including the date by which each step 
toward compliance will be reached. At a minimum, the list of dates shall 
include:
    (i) The date by which on-site construction, installation of emission 
control equipment, or a process change is planned to be initiated;
    (ii) The date by which on-site construction, installation of 
emission control equipment, or a process change is to be completed; and
    (iii) The date by which final compliance is to be achieved.
    (D) Approval of request for extension of compliance. Based on the 
information provided in any request made under paragraph (b)(3)(ii)(C) 
of this section, or other information, the Administrator (or the State 
with an approved permit program) may grant an extension of compliance 
with the transfer rack emission standard, as specified in paragraph 
(b)(3)(ii) of this section. The extension will be in writing and will--
    (1) Identify each affected source covered by the extension;
    (2) Specify the termination date of the extension;
    (3) Specify the dates by which steps toward compliance are to be 
taken, if appropriate;
    (4) Specify other applicable requirements to which the compliance 
extension applies (e.g., performance tests);
    (5) Specify the contents of the progress reports to be submitted and 
the dates by which such reports are to be submitted, if required 
pursuant to paragraph (b)(3)(ii)(E) of this section.
    (6) Under paragraph (b)(3)(ii) of this section, specify any 
additional conditions that the Administrator (or the State) deems 
necessary to assure installation of the necessary controls and 
protection of the health of persons during the extension period.
    (E) Progress reports. The owner or operator of an existing source 
that has been granted an extension of compliance under paragraph 
(b)(3)(ii)(D) of this section may be required to submit to the 
Administrator (or the State with an approved permit program) progress 
reports indicating whether the steps toward compliance outlined in

[[Page 369]]

the compliance schedule have been reached.
    (F) Notification of approval or intention to deny. (1) The 
Administrator (or the State with an approved permit program) will notify 
the owner or operator in writing of approval or intention to deny 
approval of a request for an extension of compliance within 30 calendar 
days after receipt of sufficient information to evaluate a request 
submitted under paragraph (b)(3)(ii) of this section. The Administrator 
(or the State) will notify the owner or operator in writing of the 
status of his/her application; that is, whether the application contains 
sufficient information to make a determination, within 30 calendar days 
after receipt of the original application and within 30 calendar days 
after receipt of any supplementary information that is submitted. The 
30-day approval or denial period will begin after the owner or operator 
has been notified in writing that his/her application is complete. 
Failure by the Administrator to act within 30 calendar days to approve 
or disapprove a request submitted under paragraph (b)(3)(ii) of this 
section does not constitute automatic approval of the request.
    (2) When notifying the owner or operator that his/her application is 
not complete, the Administrator will specify the information needed to 
complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (3) Before denying any request for an extension of compliance, the 
Administrator (or the State with an approved permit program) will notify 
the owner or operator in writing of the Administrator's (or the State's) 
intention to issue the denial, together with:
    (i) Notice of the information and findings on which the intended 
denial is based; and
    (ii) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator (or the State) before further action on the request.
    (4) The Administrator's final determination to deny any request for 
an extension will be in writing and will set forth the specific grounds 
on which the denial is based. The final determination will be made 
within 30 calendar days after presentation of additional information or 
argument (if the application is complete), or within 30 calendar days 
after the final date specified for the presentation if no presentation 
is made.
    (G) Termination of extension of compliance. The Administrator (or 
the State with an approved permit program) may terminate an extension of 
compliance at an earlier date than specified if any specification under 
paragraph (b)(3)(ii)(D)(3) or paragraph (b)(3)(ii)(D)(4) of this section 
is not met. Upon a determination to terminate, the Administrator will 
notify, in writing, the owner or operator of the Administrator's 
determination to terminate, together with:
    (1) Notice of the reason for termination; and
    (2) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
determination to terminate, additional information or arguments to the 
Administrator before further action on the termination.
    (3) A final determination to terminate an extension of compliance 
will be in writing and will set forth the specific grounds on which the 
termination is based. The final determination will be made within 30 
calendar days after presentation of additional information or arguments, 
or within 30 calendar days after the final date specified for the 
presentation if no presentation is made.
    (H) The granting of an extension under this section shall not 
abrogate the Administrator's authority under section 114 of the CAA.
    (I) Limitation on use of compliance extension. The owner or operator 
may request an extension of compliance under the provisions specified in 
paragraph (b)(3)(ii) of this section only once for each facility.
    (c) If you have an area source that does not commence reconstruction 
but

[[Page 370]]

increases its emissions or its potential to emit such that it becomes a 
major source of HAP emissions and an existing affected source subject to 
this subpart, you must be in compliance by 3 years after the area source 
becomes a major source.
    (d) You must meet the notification requirements in Sec. Sec. 
63.2343 and 63.2382(a), as applicable, according to the schedules in 
Sec. 63.2382(a) and (b)(1) through (2) and in subpart A of this part. 
Some of these notifications must be submitted before the compliance 
dates for the emission limitations, operating limits, and work practice 
standards in this subpart.
    (e) An affected source that commenced construction or reconstruction 
on or before October 21, 2019, must be in compliance with the 
requirements listed in paragraphs (e)(1) through (5) of this section 
upon initial startup or July 7, 2023, whichever is later. An affected 
source that commenced construction or reconstruction after October 21, 
2019, must be in compliance with the requirements listed in paragraphs 
(e)(1) through (5) of this section upon initial startup or July 7, 2020, 
whichever is later.
    (1) The requirements for storage tanks not requiring control 
specified in Sec. 63.2343(b)(4).
    (2) The requirements for storage tanks at an existing affected 
source specified in Sec. Sec. 63.2346(a)(5) and (6), 
63.2386(d)(3)(iii), 63.2396(a)(4), footnote (2) to Table 2 to this 
subpart, and Table 2b to this subpart.
    (3) The flare requirements specified in Sec. Sec. 63.2346(k), 
63.2382(d)(2)(ix), 63.2386(d)(5), 63.2390(h), footnote (1) to Table 2 to 
this subpart, item 7.d, to Table 3 to this subpart, items 1.a.iii and 
2.a.iii of Table 8 to this subpart, and item 7.e of Table 9 to this 
subpart.
    (4) The requirements specified in Sec. Sec. 63.2346(l), 63.2350(d), 
63.2366(c), 63.2390(f) and (g), 63.2386(c)(11) and (12), 
63.2386(d)(1)(xiii) and (f) through (j), 63.2378(e), footnote (1) to 
Table 9 to this subpart, and items 1.a.i and 2.a.ii of Table 10 to this 
subpart.
    (5) The performance testing requirements specified in Sec. 
63.2354(b)(6).

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42905, July 28, 2006; 85 
FR 40761, July 7, 2020]



Sec. 63.2343  What are my requirements for emission sources not requiring control?

    This section establishes the notification, recordkeeping, and 
reporting requirements for emission sources identified in Sec. 63.2338 
that do not require control under this subpart (i.e., under Sec. 
63.2346(a) through (e)). Such emission sources are not subject to any 
other notification, recordkeeping, or reporting sections in this 
subpart, including Sec. 63.2350(c), except as indicated in paragraphs 
(a) through (d) of this section.
    (a) For each storage tank subject to this subpart having a capacity 
of less than 18.9 cubic meters (5,000 gallons) and for each transfer 
rack subject to this subpart that only unloads organic liquids (i.e., no 
organic liquids are loaded at any of the transfer racks), you must keep 
documentation that verifies that each storage tank and transfer rack 
identified in this paragraph (a) is not required to be controlled. The 
documentation must be kept up-to-date (i.e., all such emission sources 
at a facility are identified in the documentation regardless of when the 
documentation was last compiled) and must be in a form suitable and 
readily available for expeditious inspection and review according to 
Sec. 63.10(b)(1), including records stored in electronic form in a 
separate location. The documentation may consist of identification of 
the tanks and transfer racks identified in this paragraph (a) on a plant 
site plan or process and instrumentation diagram (P&ID).
    (b) Except as specified in paragraph (b)(4) of this section, for 
each storage tank subject to this subpart having a capacity of 18.9 
cubic meters (5,000 gallons) or more that is not subject to control 
based on the criteria specified in Table 2 to this subpart, items 1 
through 6, you must comply with the requirements specified in paragraphs 
(b)(1) through (3) of this section.
    (1)(i) You must submit the information in Sec. 63.2386(c)(1), (2), 
(3), and (10)(i) in either the Notification of Compliance Status, 
according to the schedule specified in Table 12 to this subpart, or in 
your first Compliance report, according to the schedule specified in 
Sec. 63.2386(b), whichever occurs first.

[[Page 371]]

    (ii)(A) If you submit your first Compliance report before your 
Notification of Compliance Status, the Notification of Compliance Status 
must contain the information specified in Sec. 63.2386(d)(3) and (4) if 
any of the changes identified in paragraph (d) of this section have 
occurred since the filing of the first Compliance report. If none of the 
changes identified in paragraph (d) of this section have occurred since 
the filing of the first Compliance report, you do not need to report the 
information specified in Sec. 63.2386(c)(10)(i) when you submit your 
Notification of Compliance Status.
    (B) If you submit your Notification of Compliance Status before your 
first Compliance report, your first Compliance report must contain the 
information specified in Sec. 63.2386(d)(3) and (4) if any of the 
changes specified in paragraph (d) of this section have occurred since 
the filing of the Notification of Compliance Status.
    (iii) If you are already submitting a Notification of Compliance 
Status or a first Compliance report under Sec. 63.2386(c), you do not 
need to submit a separate Notification of Compliance Status or first 
Compliance report for each storage tank that meets the conditions 
identified in paragraph (b) of this section (i.e., a single Notification 
of Compliance Status or first Compliance report should be submitted).
    (2)(i) You must submit a subsequent Compliance report according to 
the schedule in Sec. 63.2386(b) whenever any of the events in paragraph 
(d) of this section occur, as applicable.
    (ii) Your subsequent Compliance reports must contain the information 
in Sec. 63.2386(c)(1), (2), (3) and, as applicable, in Sec. 
63.2386(d)(3) and (4). If you are already submitting a subsequent 
Compliance report under Sec. 63.2386(d), you do not need to submit a 
separate subsequent Compliance report for each storage tank that meets 
the conditions identified in paragraph (b) of this section (i.e., a 
single subsequent Compliance report should be submitted).
    (3) For each storage tank that meets the conditions identified in 
paragraph (b) of this section, you must keep documentation, including a 
record of the annual average true vapor pressure of the total Table 1 
organic HAP in the stored organic liquid, that verifies the storage tank 
is not required to be controlled under this subpart. The documentation 
must be kept up-to-date and must be in a form suitable and readily 
available for expeditious inspection and review according to Sec. 
63.10(b)(1), including records stored in electronic form in a separate 
location.
    (4) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), the requirements specified in paragraphs (b)(1) through (3) 
of this section apply to the following storage tanks:
    (i) Storage tanks at an existing affected source subject to this 
subpart having a capacity of 18.9 cubic meters (5,000 gallons) or more 
that are not subject to control based on the criteria specified in Table 
2b to this subpart, items 1 through 3.
    (ii) Storage tanks at a reconstructed or new affected source subject 
to this subpart having a capacity of 18.9 cubic meters (5,000 gallons) 
or more that are not subject to control based on the criteria specified 
in Table 2 to this subpart, items 3 through 6.
    (c) For each transfer rack subject to this subpart that loads 
organic liquids but is not subject to control based on the criteria 
specified in Table 2 to this subpart, items 7 through 10, you must 
comply with the requirements specified in paragraphs (c)(1) through (3) 
of this section.
    (1)(i) You must submit the information in Sec. 63.2386(c)(1), (2), 
(3), and (10)(i) in either the Notification of Compliance Status, 
according to the schedule specified in Table 12 to this subpart, or a 
first Compliance report, according to the schedule specified in Sec. 
63.2386(b), whichever occurs first.
    (ii)(A) If you submit your first Compliance report before your 
Notification of Compliance Status, the Notification of Compliance Status 
must contain the information specified in Sec. 63.2386(d)(3) and (4) if 
any of the changes identified in paragraph (d) of this section have 
occurred since the filing of the first Compliance report. If none of the 
changes identified in paragraph (d) of this section have occurred since 
the filing of the first Compliance report, you do not need to report the 
information specified in Sec. 63.2386(c)(10)(i) when you

[[Page 372]]

submit your Notification of Compliance Status.
    (B) If you submit your Notification of Compliance Status before your 
first Compliance report, your first Compliance report must contain the 
information specified in Sec. 63.2386(d)(3) and (4) if any of the 
changes specified in paragraph (d) of this section have occurred since 
the filing of the Notification of Compliance Status.
    (iii) If you are already submitting a Notification of Compliance 
Status or a first Compliance report under Sec. 63.2386(c), you do not 
need to submit a separate Notification of Compliance Status or first 
Compliance report for each transfer rack that meets the conditions 
identified in this paragraph (c) (i.e., a single Notification of 
Compliance Status or first Compliance report should be submitted).
    (2)(i) You must submit a subsequent Compliance report according to 
the schedule in Sec. 63.2386(b) whenever any of the events in paragraph 
(d) of this section occur, as applicable.
    (ii) Your subsequent Compliance reports must contain the information 
in Sec. 63.2386(c)(1), (2), (3) and, as applicable, in Sec. 
63.2386(d)(3) and (4). If you are already submitting a subsequent 
Compliance report under Sec. 63.2386(d), you do not need to submit a 
separate subsequent Compliance report for each transfer rack that meets 
the conditions identified in paragraph (c) of this section (i.e., a 
single subsequent Compliance report should be submitted).
    (3) For each transfer rack that meets the conditions identified in 
paragraph (c) of this section, you must keep documentation, including 
the records specified in Sec. 63.2390(d), that verifies the transfer 
rack is not required to be controlled under this subpart. The 
documentation must be kept up-to-date and must be in a form suitable and 
readily available for expeditious inspection and review according to 
Sec. 63.10(b)(1), including records stored in electronic form in a 
separate location.
    (d) If one or more of the events identified in paragraphs (d)(1) 
through (4) of this section occur since the filing of the Notification 
of Compliance Status or the last Compliance report, you must submit a 
subsequent Compliance report as specified in paragraphs (b)(2) and 
(c)(2) of this section.
    (1) Any storage tank or transfer rack became subject to control 
under this subpart EEEE; or
    (2) Any storage tank equal to or greater than 18.9 cubic meters 
(5,000 gallons) became part of the affected source but is not subject to 
any of the emission limitations, operating limits, or work practice 
standards of this subpart; or
    (3) Any transfer rack (except those racks at which only unloading of 
organic liquids occurs) became part of the affected source; or
    (4) Any of the information required in Sec. 63.2386(c)(1), Sec. 
63.2386(c)(2), or Sec. 63.2386(c)(3) has changed.

[71 FR 42906, July 28, 2006, as amended at 73 FR 21830, Apr. 23, 2008; 
85 FR 40761, July 7, 2020]

   Emission Limitations, Operating Limits, and Work Practice Standards



Sec. 63.2346  What emission limitations, operating limits,
and work practice standards must I meet?

    (a) Storage tanks. Except as specified in paragraphs (a)(5) and (6) 
and (l) of this section, for each storage tank storing organic liquids 
that meets the tank capacity and liquid vapor pressure criteria for 
control in Table 2 to this subpart, items 1 through 5, you must comply 
with paragraph (a)(1), (2), (3), or (4) of this section. For each 
storage tank storing organic liquids that meets the tank capacity and 
liquid vapor pressure criteria for control in Table 2 to this subpart, 
item 6, you must comply with paragraph (a)(1), (2), or (4) of this 
section.
    (1) Meet the emission limits specified in Table 2 or 2b to this 
subpart and comply with paragraph (l) of this section and the applicable 
requirements specified in subpart SS of this part, for meeting emission 
limits, except substitute the term ``storage tank'' at each occurrence 
of the term ``storage vessel'' in subpart SS.
    (2) Route emissions to fuel gas systems or back into a process as 
specified in subpart SS of this part. If you comply with this paragraph, 
then you must also comply with the requirements

[[Page 373]]

specified in paragraph (l) of this section.
    (3) Comply with 40 CFR part 63, subpart WW (control level 2).
    (4) Use a vapor balancing system that complies with the requirements 
specified in paragraphs (a)(4)(i) through (vii) of this section and with 
the recordkeeping requirements specified in Sec. 63.2390(e).
    (i) The vapor balancing system must be designed and operated to 
route organic HAP vapors displaced from loading of the storage tank to 
the transport vehicle from which the storage tank is filled.
    (ii) Transport vehicles must have a current certification in 
accordance with the United States Department of Transportation (U.S. 
DOT) qualification and maintenance requirements of 49 CFR part 180, 
subparts E (for cargo tanks) and F (for tank cars).
    (iii) Organic liquids must only be unloaded from cargo tanks or tank 
cars when vapor collection systems are connected to the storage tank's 
vapor collection system.
    (iv) No pressure relief device on the storage tank, on the vapor 
return line, or on the cargo tank or tank car, shall open during loading 
or as a result of diurnal temperature changes (breathing losses).
    (v) Pressure relief devices must be set to no less than 2.5 pounds 
per square inch gauge (psig) at all times to prevent breathing losses. 
Pressure relief devices may be set at values less than 2.5 psig if the 
owner or operator provides rationale in the notification of compliance 
status report explaining why the alternative value is sufficient to 
prevent breathing losses at all times. The owner or operator shall 
comply with paragraphs (a)(4)(v)(A) through (C) of this section for each 
relief valve.
    (A) The relief valve shall be monitored quarterly using the method 
described in Sec. 63.180(b).
    (B) An instrument reading of 500 parts per million by volume (ppmv) 
or greater defines a leak.
    (C) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 5 days after it is detected, and the 
owner or operator shall comply with the recordkeeping requirements of 
Sec. 63.181(d)(1) through (4).
    (vi) Cargo tanks and tank cars that deliver organic liquids to a 
storage tank must be reloaded or cleaned at a facility that utilizes the 
control techniques specified in paragraph (a)(4)(vi)(A) or (a)(4)(vi)(B) 
of this section.
    (A) The cargo tank or tank car must be connected to a closed-vent 
system with a control device that reduces inlet emissions of total 
organic HAP by 95 percent by weight or greater or to an exhaust 
concentration less than or equal to 20 ppmv, on a dry basis corrected to 
3 percent oxygen for combustion devices using supplemental combustion 
air.
    (B) A vapor balancing system designed and operated to collect 
organic HAP vapor displaced from the cargo tank or tank car during 
reloading must be used to route the collected vapor to the storage tank 
from which the liquid being transferred originated or to another storage 
tank connected to a common header.
    (vii) The owner or operator of the facility where the cargo tank or 
tank car is reloaded or cleaned must comply with paragraphs 
(a)(4)(vii)(A) through (D) of this section.
    (A) Submit to the owner or operator of the storage tank and to the 
Administrator a written certification that the reloading or cleaning 
facility will meet the requirements of paragraph (a)(4)(vii)(A) through 
(C) of this section. The certifying entity may revoke the written 
certification by sending a written statement to the owner or operator of 
the storage tank giving at least 90 days notice that the certifying 
entity is rescinding acceptance of responsibility for compliance with 
the requirements of this paragraph (a)(4)(vii) of this section.
    (B) If complying with paragraph (a)(4)(vi)(A) of this section, 
comply with the requirements for a closed vent system and control device 
as specified in this subpart EEEE. The notification requirements in 
Sec. 63.2382 and the reporting requirements in Sec. 63.2386 do not 
apply to the owner or operator of the offsite cleaning or reloading 
facility.
    (C) If complying with paragraph (a)(4)(vi)(B) of this section, keep 
the

[[Page 374]]

records specified in Sec. 63.2390(e)(3) or equivalent recordkeeping 
approved by the Administrator.
    (D) After the compliance dates specified in Sec. 63.2342, at an 
offsite reloading or cleaning facility subject to Sec. 63.2346(a)(4), 
compliance with the monitoring, recordkeeping, and reporting provisions 
of any other subpart of this part 63 that has monitoring, recordkeeping, 
and reporting provisions constitutes compliance with the monitoring, 
recordkeeping and reporting provisions of Sec. 63.2346(a)(4)(vii)(B) or 
Sec. 63.2346(a)(4)(vii)(C). You must identify in your notification of 
compliance status report required by Sec. 63.2382(d) the subpart of 
this part 63 with which the owner or operator of the offsite reloading 
or cleaning facility complies.
    (5) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), the tank capacity criteria, liquid vapor pressure criteria, 
and emission limits specified for storage tanks at an existing affected 
source in Table 2 of this subpart, item 1 no longer apply. Instead, for 
each storage tank at an existing affected source storing organic liquids 
that meets the tank capacity and liquid vapor pressure criteria for 
control in Table 2b to this subpart, items 1 through 3, you must comply 
with paragraph (a)(1), (2), (3), or (4) and paragraph (a)(6) of this 
section.
    (6) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), tank emissions during storage tank shutdown operations 
(i.e., emptying and degassing of a storage tank) for each storage tank 
at an affected source storing organic liquids that meets the tank 
capacity and liquid vapor pressure criteria for control in items 3 
through 6 of Table 2 to this subpart, or items 1 through 3 of Table 2b 
to this subpart, you must comply with paragraphs (a)(6)(i) through (iii) 
of this section during tank emptying and degassing until the vapor space 
concentration in the tank is less than 10 percent of the lower explosive 
limit (LEL). The owner or operator must determine the LEL using process 
instrumentation or portable measurement devices and follow procedures 
for calibration and maintenance according to manufacturer's 
specifications.
    (i) Remove organic liquids from the storage tank as much as 
practicable;
    (ii) Comply with either of the following:
    (A) The requirements of Table 2 or 2b to this subpart, item 1.a.i. 
as applicable; OR,
    (B) The requirements of Table 4 to this subpart, item 1.b.
    (iii) Comply with the requirements in Sec. 63.2350(d) for each 
storage tank shutdown event and maintain records necessary to 
demonstrate compliance with the requirements in Sec. 63.2350(d) 
including, if appropriate, records of existing standard site procedures 
used to empty and degas (deinventory) equipment for safety purposes.
    (b) Transfer racks. For each transfer rack that is part of the 
collection of transfer racks that meets the total actual annual 
facility-level organic liquid loading volume criterion for control in 
Table 2 to this subpart, items 7 through 10, you must comply with 
paragraph (b)(1), (b)(2), or (b)(3) of this section for each arm in the 
transfer rack loading an organic liquid whose organic HAP content meets 
the organic HAP criterion for control in Table 2 to this subpart, items 
7 through 10. For existing affected sources, you must comply with 
paragraph (b)(1), (b)(2), or (b)(3)(i) of this section during the 
loading of organic liquids into transport vehicles. For new affected 
sources, you must comply with paragraph (b)(1), (b)(2), or (b)(3)(i) and 
(ii) of this section during the loading of organic liquids into 
transport vehicles and containers. If the total actual annual facility-
level organic liquid loading volume at any affected source is equal to 
or greater than the loading volume criteria for control in Table 2 to 
this subpart, but at a later date is less than the loading volume 
criteria for control, compliance with paragraph (b)(1), (b)(2), or 
(b)(3) of this section is no longer required. For new sources and 
reconstructed sources, as defined in Sec. 63.2338(d) and (e), if at a 
later date, the total actual annual facility-level organic liquid 
loading volume again becomes equal to or greater than the loading volume 
criteria for control in Table 2 to this subpart, the owner or operator 
must comply with paragraph (b)(1), (b)(2), or (b)(3)(i) and (ii) of this 
section immediately, as

[[Page 375]]

specified in Sec. 63.2342(a)(3). For existing sources, as defined in 
Sec. 63.2338(f), if at a later date, the total actual annual facility-
level organic liquid loading volume again becomes equal to or greater 
than the loading volume criteria for control in Table 2 to this subpart, 
the owner or operator must comply with paragraph (b)(1), (b)(2), or 
(b)(3)(i) of this section immediately, as specified in Sec. 
63.2342(b)(3)(i), unless an alternative compliance schedule has been 
approved under Sec. 63.2342(b)(3)(ii) and subject to the use limitation 
specified in Sec. 63.2342(b)(3)(ii)(I).
    (1) Meet the emission limits specified in Table 2 to this subpart 
and comply with paragraph (l) of this section and the applicable 
requirements for transfer racks specified in subpart SS of this part, 
for meeting emission limits.
    (2) Route emissions to fuel gas systems or back into a process as 
specified in subpart SS of this part. If you comply with this paragraph, 
then you must also comply with the requirements specified in paragraph 
(l) of this section.
    (3)(i) Use a vapor balancing system that routes organic HAP vapors 
displaced from the loading of organic liquids into transport vehicles to 
the storage tank from which the liquid being loaded originated or to 
another storage tank connected to a common header.
    (ii) Use a vapor balancing system that routes the organic HAP vapors 
displaced from the loading of organic liquids into containers directly 
(e.g., no intervening tank or containment area such as a room) to the 
storage tank from which the liquid being loaded originated or to another 
storage tank connected to a common header.
    (c) Equipment leak components. For each pump, valve, and sampling 
connection that operates in organic liquids service for at least 300 
hours per year, you must comply with paragraph (l) of this section and 
the applicable requirements under subpart TT of this part (control level 
1), subpart UU of this part (control level 2), or subpart H of this 
part. Pumps, valves, and sampling connectors that are insulated to 
provide protection against persistent sub-freezing temperatures are 
subject to the ``difficult to monitor'' provisions in the applicable 
subpart selected by the owner or operator. This paragraph only applies 
if the affected source has at least one storage tank or transfer rack 
that meets the applicability criteria for control in Table 2 or 2b to 
this subpart.
    (d) Transport vehicles. For each transport vehicle equipped with 
vapor collection equipment that is loaded at a transfer rack that is 
subject to control based on the criteria specified in Table 2 to this 
subpart, items 7 through 10, you must comply with paragraph (d)(1) of 
this section. For each transport vehicle without vapor collection 
equipment that is loaded at a transfer rack that is subject to control 
based on the criteria specified in Table 2 to this subpart, items 7 
through 10, you must comply with paragraph (d)(2) of this section.
    (1) Follow the steps in 40 CFR 60.502(e) to ensure that organic 
liquids are loaded only into vapor-tight transport vehicles and comply 
with the provisions in 40 CFR 60.502(f) through (i), except substitute 
the term ``transport vehicle'' at each occurrence of the term ``tank 
truck'' or ``gasoline tank truck'' in those paragraphs.
    (2) Ensure that organic liquids are loaded only into transport 
vehicles that have a current certification in accordance with the U.S. 
DOT qualification and maintenance requirements in 49 CFR part 180, 
subpart E for cargo tanks and subpart F for tank cars.
    (e) Operating limits. For each high throughput transfer rack, you 
must meet each operating limit in Table 3 to this subpart for each 
control device used to comply with the provisions of this subpart 
whenever emissions from the loading of organic liquids are routed to the 
control device. Except as specified in paragraph (k) of this section, 
for each storage tank and low throughput transfer rack, you must comply 
with paragraph (l) of this section and the requirements for monitored 
parameters as specified in subpart SS of this part, for storage vessels 
and, during the loading of organic liquids, for low throughput transfer 
racks, respectively. Alternatively, you may comply with the operating 
limits in Table 3 to this subpart.
    (f) Surrogate for organic HAP. For noncombustion devices, if you 
elect to

[[Page 376]]

demonstrate compliance with a percent reduction requirement in Table 2 
or 2b to this subpart using total organic compounds (TOC) rather than 
organic HAP, you must first demonstrate, subject to the approval of the 
Administrator, that TOC is an appropriate surrogate for organic HAP in 
your case; that is, for your storage tank(s) and/or transfer rack(s), 
the percent destruction of organic HAP is equal to or higher than the 
percent destruction of TOC. This demonstration must be conducted prior 
to or during the initial compliance test.
    (g) As provided in Sec. 63.6(g), you may request approval from the 
Administrator to use an alternative to the emission limitations, 
operating limits, and work practice standards in this section. You must 
follow the procedures in Sec. 63.177(b) through (e) in applying for 
permission to use such an alternative. If you apply for permission to 
use an alternative to the emission limitations, operating limits, and 
work practice standards in this section, you must submit the information 
described in Sec. 63.6(g)(2).
    (h) [Reserved]
    (i) Safety device. Opening of a safety device is allowed at any time 
that it is required to avoid unsafe operating conditions. Beginning no 
later than July 7, 2023, this paragraph no longer applies.
    (j) If you elect to comply with this subpart by combining emissions 
from different emission sources subject to this subpart in a single 
control device, then you must comply with the provisions specified in 
Sec. 63.982(f).
    (k) Flares. Beginning no later than the compliance dates specified 
in Sec. 63.2342(e), for each storage tank and low throughput transfer 
rack that is subject to control based on the criteria specified in 
Tables 2 or 2b to this subpart, if you vent emissions through a closed 
vent system to a flare then you must comply with the requirements 
specified in Sec. 63.2380 instead of the requirements in Sec. 63.987 
and the provisions regarding flare compliance assessments at Sec. 
63.997(a), (b), and (c).
    (l) Startup, shutdown, and malfunction. Beginning no later than the 
compliance dates specified in Sec. 63.2342(e), the referenced 
provisions specified in paragraphs (l)(1) through (20) of this section 
do not apply when demonstrating compliance with subpart H of this part, 
subpart SS of this part, subpart TT of this part, and subpart UU of this 
part.
    (1) The second sentence of Sec. 63.181(d)(5)(i).
    (2) The second sentence of Sec. 63.983(a)(5).
    (3) The phrase ``except during periods of start-up, shutdown, and 
malfunction as specified in the referencing subpart'' in Sec. 
63.984(a).
    (4) The phrase ``except during periods of start-up, shutdown and 
malfunction as specified in the referencing subpart'' in Sec. 
63.985(a).
    (5) The phrase ``other than start-ups, shutdowns, or malfunctions'' 
in Sec. 63.994(c)(1)(ii)(D).
    (6) Sec. 63.996(c)(2)(ii).
    (7) The last sentence of Sec. 63.997(e)(1)(i).
    (8) Sec. 63.998(b)(2)(iii).
    (9) The phrase ``other than periods of start-ups, shutdowns or 
malfunctions'' from Sec. 63.998(b)(5)(i)(A).
    (10) The phrase ``other than a start-up, shutdown or malfunction'' 
from Sec. 63.998(b)(5)(i)(B)(3).
    (11) The phrase ``other than periods of start-ups, shutdowns or 
malfunctions'' from Sec. 63.998(b)(5)(i)(C).
    (12) The phrase ``other than a start-up, shutdown or malfunction'' 
from Sec. 63.998(b)(5)(ii)(C).
    (13) The phrase ``, except as provided in paragraphs (b)(6)(i)(A) 
and (B) of this section'' from Sec. 63.998(b)(6)(i).
    (14) The second sentence of Sec. 63.998(b)(6)(ii).
    (15) Sec. 63.998(c)(1)(ii)(D), (E), (F), and (G).
    (16) Sec. 63.998(d)(3).
    (17) 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).
    (18) The phrase ``may be included as part of the startup, shutdown, 
and malfunction plan, as required by the referencing subpart for the 
source, or'' from Sec. 63.1024(f)(4)(i).
    (19) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec. 63.1007(e)(1)(ii)(A).

[[Page 377]]

    (20) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec. 63.1026(e)(1)(ii)(A).

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42908, July 28, 2006; 73 
FR 40981, July 17, 2008; 73 FR 21830, Apr. 23, 2008; 85 FR 40761, July 
7, 2020]

                     General Compliance Requirements



Sec. 63.2350  What are my general requirements for complying with this subpart?

    (a) You must be in compliance with the emission limitations, 
operating limits, and work practice standards in this subpart at all 
times when the equipment identified in Sec. 63.2338(b)(1) through (5) 
is in OLD operation.
    (b) Except as specified in paragraph (d) of this section, 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) Except for emission sources not required to be controlled as 
specified in Sec. 63.2343, you must develop a written startup, 
shutdown, and malfunction (SSM) plan according to the provisions in 
Sec. 63.6(e)(3). Beginning no later than July 7, 2023, this paragraph 
no longer applies; however, for historical compliance purposes, a copy 
of the plan must be retained and available according to the requirements 
in Sec. 63.2394(c) for five years after July 7, 2023.
    (d) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), paragraph (b) of this section no longer applies. Instead, 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.

[85 FR 40763, July 7, 2020]

               Testing and Initial Compliance Requirements



Sec. 63.2354  What performance tests, design evaluations,
and performance evaluations must I conduct?

    (a)(1) For each performance test that you conduct, you must use the 
procedures specified in subpart SS of this part and the provisions 
specified in paragraph (b) of this section.
    (2) For each design evaluation you conduct, you must use the 
procedures specified in subpart SS of this part. You must also comply 
with the requirements specified in Sec. 63.2346(l).
    (3) For each performance evaluation of a continuous emission 
monitoring system (CEMS) you conduct, you must follow the requirements 
in Sec. 63.8(e) and paragraph (d) of this section. For CEMS installed 
after the compliance date specified in Sec. 63.2342(e), conduct a 
performance evaluation of each CEMS within 180 days of installation of 
the monitoring system.
    (b)(1) Except as specified in paragraph (b)(6) of this section, for 
nonflare control devices, you must conduct each performance test 
according to the requirements in Sec. 63.7(e)(1), and either Sec. 
63.988(b), Sec. 63.990(b), or Sec. 63.995(b), using the procedures 
specified in Sec. 63.997(e).
    (2) You must conduct three separate test runs for each performance 
test on a nonflare control device as specified in Sec. Sec. 63.7(e)(3) 
and 63.997(e)(1)(v). Each test run must last at least 1 hour, except as 
provided in Sec. 63.997(e)(1)(v)(A) and (B).
    (3)(i) In addition to Method 25 or 25A (40 CFR part 60, appendix A-
7), to determine compliance with the TOC emission limit, you may use 
Method 18 (40 CFR part 60, appendix A-6) or Method 320 of appendix A to 
this part to determine compliance with the total organic HAP emission 
limit. You may not use Method 18 or Method 320 of appendix A to this 
part if the control device is a combustion device, and you must not use 
Method 320 of appendix A to this part if the gas stream contains

[[Page 378]]

entrained water droplets. All compounds quantified by Method 320 of 
appendix A to this part must be validated according to Section 13.0 of 
Method 320 of appendix A to this part. As an alternative to Method 18, 
for determining compliance with the total organic HAP emission limit, 
you may use ASTM D6420-18 (incorporated by reference, see Sec. 63.14), 
under the conditions specified in paragraph (b)(3)(ii) of this section.
    (A) If you use Method 18 (40 CFR 60, appendix A-6) or Method 320 of 
appendix A to this part to measure compliance with the percentage 
efficiency limit, you must first determine which organic HAP are present 
in the inlet gas stream (i.e., uncontrolled emissions) using knowledge 
of the organic liquids or the screening procedure described in Method 
18. In conducting the performance test, you must analyze samples 
collected simultaneously at the inlet and outlet of the control device. 
Quantify the emissions for the same organic HAP identified as present in 
the inlet gas stream for both the inlet and outlet gas streams of the 
control device.
    (B) If you use Method 18 (40 CFR part 60, appendix A-6) or Method 
320 of appendix A to this part, to measure compliance with the emission 
concentration limit, you must first determine which organic HAP are 
present in the inlet gas stream using knowledge of the organic liquids 
or the screening procedure described in Method 18. In conducting the 
performance test, analyze samples collected as specified in Method 18 at 
the outlet of the control device. Quantify the control device outlet 
emission concentration for the same organic HAP identified as present in 
the inlet or uncontrolled gas stream.
    (ii) You may use ASTM D6420-18 (incorporated by reference, see Sec. 
63.14), to determine compliance with the total organic HAP emission 
limit if the target concentration for each HAP is between 150 parts per 
billion by volume and 100 ppmv and either of the conditions specified in 
paragraph (b)(2)(ii)(A) or (B) of this section exists. For target 
compounds not listed in Section 1.1 of ASTM D6420-18 and not amenable to 
detection by mass spectrometry, you may not use ASTM D6420-18.
    (A) The target compounds are those listed in Section 1.1 of ASTM 
D6420-18 (incorporated by reference, see Sec. 63.14); or
    (B) For target compounds not listed in Section 1.1 of ASTM D6420-18 
(incorporated by reference, see Sec. 63.14), but potentially detected 
by mass spectrometry, you must demonstrate recovery of the compound and 
the additional system continuing calibration check after each run, as 
detailed in ASTM D6420-18, Section 10.5.3, must be followed, met, 
documented, and submitted with the data report, even if there is no 
moisture condenser used or the compound is not considered water-soluble.
    (iii) You may use ASTM D6348-12e1 (incorporated by reference, see 
Sec. 63.14) instead of Method 320 of appendix A to this part under the 
conditions specified in footnote 4 of Table 5 to this subpart.
    (4) If a principal component of the uncontrolled or inlet gas stream 
to the control device is formaldehyde, you must use Method 316 of 
appendix A to this part, Method 320 of appendix A to this part, or 
Method 323 of appendix A to this part for measuring the formaldehyde, 
except you must not use Method 320 or Method 323 of appendix A to this 
part if the gas stream contains entrained water droplets. If you use 
Method 320 of appendix A to this part, formaldehyde must be validated 
according to Section 13.0 of Method 320 of appendix A to this part. You 
must measure formaldehyde either at the inlet and outlet of the control 
device to determine control efficiency or at the outlet of a combustion 
device for determining compliance with the emission concentration limit. 
You may use ASTM D6348-12e1 (incorporated by reference, see Sec. 63.14) 
instead of Method 320 of appendix A to this part under the conditions 
specified in footnote 4 of Table 5 to this subpart.
    (5) Except as specified in paragraph (b)(6) of this section, you may 
not conduct performance tests during periods of SSM, as specified in 
Sec. 63.7(e)(1).
    (6) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), paragraphs (b)(1) and (5) of this section no longer apply. 
Instead, you must conduct each performance test according

[[Page 379]]

to the requirements in paragraphs (b)(6)(i) and (ii) of this section.
    (i) In lieu of the requirements specified in Sec. 63.7(e)(1), you 
must conduct performance tests under such conditions as the 
Administrator specifies 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 must make 
available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (ii) Pursuant to paragraph (b)(6)(i) of this section, you must 
conduct each performance test according to the requirements in either 
Sec. 63.988(b), Sec. 63.990(b), or Sec. 63.995(b), using the 
procedures specified in Sec. 63.997(e). You must also comply with the 
requirements specified in Sec. 63.2346(l).
    (c) To determine the HAP content of the organic liquid, you may use 
Method 311 of appendix A to this part, ASTM D6886-18 (incorporated by 
reference, see Sec. 63.14), or other method approved by the 
Administrator. If you use ASTM D6886-18 to determine the HAP content, 
you must use either Method B or Method B in conjunction with Method C, 
as described in section 4.3 of ASTM D6886-18. In addition, you may use 
other means, such as voluntary consensus standards, safety data sheets 
(SDS), or certified product data sheets, to determine the HAP content of 
the organic liquid. If the method you select to determine the HAP 
content provides HAP content ranges, you must use the upper end of each 
HAP content range in determining the total HAP content of the organic 
liquid. The EPA may require you to test the HAP content of an organic 
liquid using Method 311 of appendix A to this part or other method 
approved by the Administrator. For liquids that contain any amount of 
formaldehyde or carbon tetrachloride, you may not use Method 311of 
appendix A to this part. If the results of the Method 311 of appendix A 
to this part (or any other approved method) are different from the HAP 
content determined by another means, the Method 311 of appendix A to 
this part (or approved method) results will govern. For liquids that 
contain any amount of formaldehyde or carbon tetrachloride, if the 
results of ASTM D6886-18 using method B or C in section 4.3 (or any 
other approved method) are different from the HAP content determined by 
another means, ASTM D6886-18 using method B or C in section 4 (or 
approved method) results will govern.
    (d) Each VOC CEMS must be installed, operated, and maintained 
according to the requirements of one of the following performance 
specifications in appendix B to part 60 of this chapter: Performance 
Specification 8, Performance Specification 8A, Performance Specification 
9, or Performance Specification 15. You must also comply with the 
requirements of procedure 1 of appendix F to part 60 of this chapter, 
for CEMS using Performance Specification 8 or 8A.
    (1) For CEMS using Performance Specification 9 or 15 (40 CFR part 
60, appendix B), determine the target analyte(s) for calibration using 
either process knowledge or the screening procedures of Method 18 (40 
CFR part 60, appendix A-6).
    (2) For CEMS using Performance Specification 8A (40 CFR part 60, 
appendix B), conduct the relative accuracy test audits required under 
Procedure 1 (40 CFR part 60, appendix F) in accordance with Sections 8 
and 11 of Performance Specification 8 (40 CFR part 60, appendix B). The 
relative accuracy must meet the criteria of Section 13.2 of Performance 
Speciation 8 (40 CFR part 60, appendix B).
    (3) For CEMS using Performance Specification 8 or 8A of 40 CFR part 
60, appendix B, calibrate the instrument on methane and report the 
results as carbon (C1). Use Method 25A of 40 CFR part 60, appendix A-7 
as the reference method for the relative accuracy tests.
    (4) If you are required to monitor oxygen in order to conduct 
concentration corrections, you must use Performance Specification 3 (40 
CFR part 60, appendix B), to certify your oxygen CEMS, and you must 
comply with procedure 1

[[Page 380]]

(40 CFR part 60, appendix F). Use Method 3A (40 CFR part 60, appendix A-
2), as the reference method when conducting a relative accuracy test 
audit.

[69 FR 5063, Feb. 3, 2004, as amended at 85 FR 40763, July 7, 2020]



Sec. 63.2358  By what date must I conduct performance tests and 
other initial compliance demonstrations?

    (a) You must conduct initial performance tests and design 
evaluations according to the schedule in Sec. 63.7(a)(2), or by the 
compliance date specified in any applicable State or Federal new source 
review construction permit to which the affected source is already 
subject, whichever is earlier.
    (b)(1) For storage tanks and transfer racks at existing affected 
sources complying with the emission limitations listed in Table 2 to 
this subpart, you must demonstrate initial compliance with the emission 
limitations within 180 days after February 5, 2007, except as provided 
in paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
    (i) For storage tanks with an existing internal or external floating 
roof, complying with item 1.a.ii. in Table 2 to this subpart and item 
1.a. in Table 4 to this subpart, you must conduct your initial 
compliance demonstration the next time the storage tank is emptied and 
degassed, but not later than February 3, 2014.
    (ii) For storage tanks complying with item 1.a.ii. or 6.a.ii in 
Table 2 of this subpart and item 1.b., 1.c., or 2. in Table 4 of this 
subpart, you must comply within 180 days after April 25, 2011.
    (2) For storage tanks and transfer racks at reconstructed or new 
affected sources complying with the emission limitations listed in Table 
2 to this subpart, you must conduct your initial compliance 
demonstration with the emission limitations within 180 days after the 
initial startup date for the affected source or February 3, 2004, 
whichever is later.
    (3) For storage tanks at existing affected sources that commenced 
construction or reconstruction on or before October 21, 2019, you must 
demonstrate initial compliance with the emission limitations listed in 
Table 2b to this subpart within 180 days of either the initial startup 
or July 7, 2023, whichever is later, except as provided in paragraphs 
(b)(3)(i) and (ii) of this section.
    (i) For storage tanks with an existing internal or external floating 
roof, complying with item 1.a.ii. in Table 2b to this subpart and item 
1.a. in Table 4 to this subpart, you must conduct your initial 
compliance demonstration the next time the storage tank is emptied and 
degassed, but not later than July 7, 2030.
    (ii) For storage tanks complying with item 1.a.ii. in Table 2b to 
this subpart and item 1.b. or 1.c. in Table 4 to this subpart, you must 
comply within 180 days after July 7, 2023.
    (c)(1) For storage tanks at existing affected sources complying with 
the work practice standard in Table 4 to this subpart, you must conduct 
your initial compliance demonstration as specified in paragraphs 
(c)(1)(i) and (c)(1)(ii) of this section.
    (i) For storage tanks with an existing internal or external floating 
roof, complying with item 1.a. in Table 4 of this subpart, you must 
conduct your initial compliance demonstration the next time the storage 
tank is emptied and degassed, but not later than February 3, 2014.
    (ii) For other storage tanks not specified in paragraph (c)(1)(i) of 
this section, you must comply within 180 days after April 25, 2011.
    (2) For transfer racks and equipment leak components at existing 
affected sources complying with the work practice standards in Table 4 
to this subpart, you must conduct your initial compliance demonstration 
within 180 days after February 5, 2007.
    (d) For storage tanks, transfer racks, and equipment leak components 
at reconstructed or new affected sources complying with the work 
practice standards in Table 4 to this subpart, you must conduct your 
initial compliance demonstration within 180 days after the initial 
startup date for the affected source.

[69 FR 5063, Feb. 3, 2004, as amended at 73 FR 40981, July 17, 2008; 85 
FR 40765, July 7, 2020]



Sec. 63.2362  When must I conduct subsequent performance tests?

    (a) For nonflare control devices, you must conduct subsequent 
performance

[[Page 381]]

testing required in Table 5 to this subpart, item 1, at any time the EPA 
requests you to in accordance with section 114 of the CAA.
    (b)(1) For each transport vehicle that you own that is equipped with 
vapor collection equipment and that is loaded with organic liquids at a 
transfer rack that is subject to control based on the criteria specified 
in Table 2 to this subpart, items 7 through 10, you must perform the 
vapor tightness testing required in Table 5 to this subpart, item 2, on 
that transport vehicle at least once per year.
    (2) For transport vehicles that you own that do not have vapor 
collection equipment, you must maintain current certification in 
accordance with the U.S. DOT qualification and maintenance requirements 
in 49 CFR part 180, subparts E (cargo tanks) and F (tank cars).

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42910, July 28, 2006; 85 
FR 40765, July 7, 2020]



Sec. 63.2366  What are my monitoring installation, operation,
and maintenance requirements?

    (a) You must install, operate, and maintain a continuous monitoring 
system (CMS) on each control device required in order to comply with 
this subpart. If you use a continuous parameter monitoring system (CPMS) 
(as defined in Sec. 63.981), you must comply with Sec. 63.2346(l) and 
the applicable requirements for CPMS in subpart SS of this part and 
Sec. 63.671, for the control device being used. If you use a CEMS, you 
must install, operate, and maintain the CEMS according to the 
requirements in Sec. 63.8 and paragraph (d) of this section, except as 
specified in paragraph (c) of this section.
    (b) For nonflare control devices controlling storage tanks and low 
throughput transfer racks, you must submit a monitoring plan according 
to the requirements in subpart SS of this part, for monitoring plans. 
You must also comply with the requirements specified in Sec. 
63.2346(l).
    (c) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), you must keep the written 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 must 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). In addition to the information required in Sec. 63.8(d)(2), 
your written procedures for CEMS must include the information in 
paragraphs (c)(1) through (6) of this section:
    (1) Description of CEMS installation location.
    (2) Description of the monitoring equipment, including the 
manufacturer and model number for all monitoring equipment components 
and the span of the analyzer.
    (3) Routine quality control and assurance procedures.
    (4) Conditions that would trigger a CEMS performance evaluation, 
which must include, at a minimum, a newly installed CEMS; a process 
change that is expected to affect the performance of the CEMS; and the 
Administrator's request for a performance evaluation under section 114 
of the Clean Air Act.
    (5) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1) and (3), (c)(4)(ii), and 
(c)(7) and (8);
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c) and (e)(1).
    (d) For each CEMS, you must locate the sampling probe or other 
interface at a measurement location such that you obtain representative 
measurements of emissions from the regulated source and comply with the 
applicable requirements specified in Sec. 63.2354(d).

[85 FR 40765, July 7, 2020]



Sec. 63.2370  How do I demonstrate initial compliance with the 
emission limitations, operating limits, and work practice standards?

    (a) You must demonstrate initial compliance with each emission 
limitation and work practice standard that

[[Page 382]]

applies to you as specified in Tables 6 and 7 to this subpart.
    (b) You demonstrate initial compliance with the operating limits 
requirements specified in Sec. 63.2346(e) by establishing the operating 
limits during the initial performance test or design evaluation.
    (c) You must submit the results of the initial compliance 
determination in the Notification of Compliance Status according to the 
requirements in Sec. 63.2382(d). If the initial compliance 
determination includes a performance test and the results are submitted 
electronically via the Compliance and Emissions Data Reporting Interface 
(CEDRI) in accordance with Sec. 63.2386(g), the unit(s) tested, the 
pollutant(s) tested, and the date that such performance test was 
conducted may be submitted in the Notification of Compliance Status in 
lieu of the performance test results. The performance test results must 
be submitted to CEDRI by the date the Notification of Compliance Status 
is submitted.

[69 FR 5063, Feb. 3, 2004, as amended at 85 FR 40765, July 7, 2020]

                   Continuous Compliance Requirements



Sec. 63.2374  When do I monitor and collect data to demonstrate
continuous compliance and how do I use the collected data?

    (a) You must monitor and collect data according to subpart SS of 
this part, and paragraphs (b) and (c) of this section. You must also 
comply with the requirements specified in Sec. 63.2346(l).
    (b) When using a control device to comply with this subpart, you 
must monitor continuously or collect data at all required intervals at 
all times that the emission source and control device are in OLD 
operation, except for CMS malfunctions (including any malfunction 
preventing the CMS from operating properly), associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments).
    (c) Do not use data recorded during CMS malfunctions, associated 
repairs, required quality assurance or control activities, or periods 
when emissions from organic liquids are not routed to the control device 
in data averages and calculations used to report emission or operating 
levels. Do not use such data in fulfilling a minimum data availability 
requirement, if applicable. You must use all of the data collected 
during all other periods, including periods of SSM, in assessing the 
operation of the control device.

[69 FR 5063, Feb. 3, 2004, as amended at 85 FR 40765, July 7, 2020]



Sec. 63.2378  How do I demonstrate continuous compliance with the 
emission limitations, operating limits, and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limitation, operating limit, and work practice standard in Tables 2 
through 4 to this subpart that applies to you according to the methods 
specified in subpart SS of this part, and in Tables 8 through 10 to this 
subpart, as applicable. You must also comply with the requirements 
specified in Sec. 63.2346(l).
    (b) Except as specified in paragraph (e) of this section, you must 
follow the requirements in Sec. 63.6(e)(1) and (3) during periods of 
startup, shutdown, malfunction, or nonoperation of the affected source 
or any part thereof. In addition, the provisions of paragraphs (b)(1) 
through (3) of this section apply.
    (1) The emission limitations in this subpart apply at all times 
except during periods of nonoperation of the affected source (or 
specific portion thereof) resulting in cessation of the emissions to 
which this subpart applies. The emission limitations of this subpart 
apply during periods of SSM, except as provided in paragraphs (b)(2) and 
(3) of this section. However, if a SSM, or period of nonoperation of one 
portion of the affected source does not affect the ability of a 
particular emission source to comply with the emission limitations to 
which it is subject, then that emission source is still required to 
comply with the applicable emission limitations of this subpart during 
the startup, shutdown, malfunction, or period of nonoperation.
    (2) The owner or operator must not shut down control devices or 
monitoring systems that are required or utilized for achieving 
compliance with

[[Page 383]]

this subpart during periods of SSM while emissions are being routed to 
such items of equipment if the shutdown would contravene requirements of 
this subpart applicable to such items of equipment. This paragraph 
(b)(2) does not apply if the item of equipment is malfunctioning. This 
paragraph (b)(2) also does not apply if the owner or operator shuts down 
the compliance equipment (other than monitoring systems) to avoid damage 
due to a contemporaneous SSM of the affected source or portion thereof. 
If the owner or operator has reason to believe that monitoring equipment 
would be damaged due to a contemporaneous SSM of the affected source of 
portion thereof, the owner or operator must provide documentation 
supporting such a claim in the next Compliance report required in Table 
11 to this subpart, item 1. Once approved by the Administrator, the 
provision for ceasing to collect, during a SSM, monitoring data that 
would otherwise be required by the provisions of this subpart must be 
incorporated into the SSM plan.
    (3) During SSM, you must implement, to the extent reasonably 
available, measures to prevent or minimize excess emissions. For 
purposes of this paragraph (b)(3), the term ``excess emissions'' means 
emissions greater than those allowed by the emission limits that apply 
during normal operational periods. The measures to be taken must be 
identified in the SSM plan, and may include, but are not limited to, air 
pollution control technologies, recovery technologies, work practices, 
pollution prevention, monitoring, and/or changes in the manner of 
operation of the affected source. Back-up control devices are not 
required, but may be used if available.
    (c) Except as specified in paragraph (e) of this section, periods of 
planned routine maintenance of a control device used to control storage 
tanks or transfer racks, during which the control device does not meet 
the emission limits in Table 2 to this subpart, must not exceed 240 
hours per year.
    (d) Except as specified in paragraph (e) of this section, if you 
elect to route emissions from storage tanks or transfer racks to a fuel 
gas system or to a process, as allowed by Sec. 63.982(d), to comply 
with the emission limits in Table 2 to this subpart, the total aggregate 
amount of time during which the emissions bypass the fuel gas system or 
process during the calendar year without being routed to a control 
device, for all reasons (except SSM or product changeovers of flexible 
operation units and periods when a storage tank has been emptied and 
degassed), must not exceed 240 hours.
    (e) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), paragraphs (b) through (d) of this section no longer apply. 
Instead, you must be in compliance with each emission limitation, 
operating limit, and work practice standard specified in paragraph (a) 
of this section 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 and must comply with the 
requirements specified in paragraphs (e)(1) through (5) of this section, 
as applicable. Equipment subject to the work practice standards for 
equipment leak components in Table 4 to this subpart, item 4 are not 
subject to this paragraph (e).
    (1) Except as specified in paragraphs (e)(3) through (5) of this 
section, the use of a bypass line at any time on a closed vent system to 
divert a vent stream to the atmosphere or to a control device not 
meeting the requirements specified in paragraph (a) of this section is 
an emissions standards deviation.
    (2) If you are subject to the bypass monitoring requirements of 
Sec. 63.983(a)(3), then you must continue to comply with the 
requirements in Sec. 63.983(a)(3) and the recordkeeping and reporting 
requirements in Sec. Sec. 63.998(d)(1)(ii) and 63.999(c)(2), in 
addition to Sec. 63.2346(l), the recordkeeping requirements specified 
in Sec. 63.2390(g), and the reporting requirements specified in Sec. 
63.2386(c)(12).
    (3) Periods of planned routine maintenance of a control device used 
to control storage tank breathing loss emissions, during which the 
control device does not meet the emission limits in Table 2 or 2b to 
this subpart, must not exceed 240 hours per year. The level of material 
in the storage vessel shall not

[[Page 384]]

be increased during periods that the closed-vent system or control 
device is bypassed to perform routine maintenance.
    (4) If you elect to route emissions from storage tanks to a fuel gas 
system or to a process, as allowed by Sec. 63.982(d), to comply with 
the emission limits in Table 2 or 2b to this subpart, the total 
aggregate amount of time during which the breathing loss emissions 
bypass the fuel gas system or process during the calendar year without 
being routed to a control device, for all reasons (except product 
changeovers of flexible operation units and periods when a storage tank 
has been emptied and degassed), must not exceed 240 hours. The level of 
material in the storage vessel shall not be increased during periods 
that the fuel gas system or process is bypassed to perform routine 
maintenance.
    (f) The CEMS data must be reduced to daily averages computed using 
valid data consistent with the data availability requirements specified 
in Sec. 63.999(c)(6)(i)(B) through (D), 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. In computing daily averages to determine compliance with this 
subpart, you must exclude monitoring data recorded during CEMS 
breakdowns, out of control periods, repairs, maintenance periods, 
calibration checks, or other quality assurance activities.

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 20463, Apr. 20, 2006; 85 
FR 40766, July 7, 2020]



Sec. 63.2380  What are my requirements for certain flares?

    (a) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), if you reduce organic HAP emissions by venting emissions 
through a closed vent system to a steam-assisted, air-assisted, or non-
assisted flare to control emissions from a storage tank, low throughput 
transfer rack, or high throughput transfer rack that is subject to 
control based on the criteria specified in Tables 2 or 2b to this 
subpart, then the flare requirements specified in Sec. 63.11(b); 
subpart SS of this part; the provisions specified in items 7.a through 
7.d of Table 3 to this subpart; Table 8 to this subpart; and the 
provisions specified in items 1.a.iii and 2.a.iii, and items 7.a through 
7.d.2 of Table 9 to this subpart no longer apply. Instead, you must meet 
the applicable requirements for flares as specified in Sec. Sec. 63.670 
and 63.671, including the provisions in Tables 12 and 13 to subpart CC 
of this part, except as specified in paragraphs (b) through (m) of this 
section. For purposes of compliance with this paragraph, the following 
terms are defined in Sec. 63.641: Assist air, assist steam, center 
steam, combustion zone, combustion zone gas, flare, flare purge gas, 
flare supplemental gas, flare sweep gas, flare vent gas, lower steam, 
net heating value, perimeter assist air, pilot gas, premix assist air, 
total steam, and upper steam.
    (b) The following phrases in Sec. 63.670(c) do not apply:
    (1) ``Specify the smokeless design capacity of each flare and''; and
    (2) ``And the flare vent gas flow rate is less than the smokeless 
design capacity of the flare.''
    (c) The phrase ``and the flare vent gas flow rate is less than the 
smokeless design capacity of the flare'' in Sec. 63.670(d) does not 
apply.
    (d) Section 63.670(j)(6)(ii) does not apply. Instead submit the 
information required by Sec. 63.670(j)(6)(ii) with the Notification of 
Compliance Status according to Sec. 63.2382(d)(2)(ix).
    (e) Section 63.670(o) does not apply.
    (f) Substitute ``pilot flame or flare flame'' or each occurrence of 
``pilot flame.''
    (g) Substitute ``affected source'' for each occurrence of 
``petroleum refinery.''
    (h) Each occurrence of ``refinery'' does not apply.
    (i) You may elect to comply with the alternative means of emissions 
limitation requirements specified in Sec. 63.670(r)in lieu of the 
requirements in Sec. 63.670(d) through (f), as applicable. However, 
instead of complying with Sec. 63.670(r)(3)(iii), you must also submit 
the alternative means of emissions limitation request to the following 
address: U.S. Environmental Protection Agency, Office of Air Quality 
Planning and Standards, Sector Policies and

[[Page 385]]

Programs Division, U.S. EPA Mailroom (E143-01), Attention: Organic 
Liquids Distribution Sector Lead, 109 T.W. Alexander Drive, Research 
Triangle Park, NC 27711. Electronic copies in lieu of hard copies may 
also be submitted to [email protected].
    (j) If you choose to determine compositional analysis for net 
heating value with a continuous process mass spectrometer, then you must 
comply with the requirements specified in paragraphs (j)(1) through (7) 
of this section.
    (1) You must meet the requirements in Sec. 63.671(e)(2). You may 
augment the minimum list of calibration gas components found in Sec. 
63.671(e)(2) with compounds found during a pre-survey or known to be in 
the gas through process knowledge.
    (2) Calibration gas cylinders must be certified to an accuracy of 2 
percent and traceable to National Institute of Standards and Technology 
(NIST) standards.
    (3) For unknown gas components that have similar analytical mass 
fragments to calibration compounds, you may report the unknowns as an 
increase in the overlapped calibration gas compound. For unknown 
compounds that produce mass fragments that do not overlap calibration 
compounds, you may use the response factor for the nearest molecular 
weight hydrocarbon in the calibration mix to quantify the unknown 
component's NHVvg.
    (4) You may use the response factor for n-pentane to quantify any 
unknown components detected with a higher molecular weight than n-
pentane.
    (5) You must perform an initial calibration to identify mass 
fragment overlap and response factors for the target compounds.
    (6) You must meet applicable requirements in Performance 
Specification (PS) 9 (40 CFR part 60, appendix B) for continuous 
monitoring system acceptance including, but not limited to, performing 
an initial multi-point calibration check at three concentrations 
following the procedure in Section 10.1 of PS 9 and performing the 
periodic calibration requirements listed for gas chromatographs in Table 
13 to subpart CC of this part, for the process mass spectrometer. You 
may use the alternative sampling line temperature allowed under Net 
Heating Value by Gas Chromatograph in Table 13 to subpart CC of this 
part.
    (7) The average instrument calibration error (CE) for each 
calibration compound at any calibration concentration must not differ by 
more than 10 percent from the certified cylinder gas value. The CE for 
each component in the calibration blend must be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR07JY20.001

Where:

Cm = Average instrument response (ppm)
Ca = Certified cylinder gas value (ppm)

    (k) If you use a gas chromatograph or mass spectrometer for 
compositional analysis for net heating value, then you may choose to use 
the CE of NHV measured versus the cylinder tag value NHV as the measure 
of agreement for daily calibration and quarterly audits in lieu of 
determining the compound-specific CE. The CE for NHV at any calibration 
level must not differ by more than 10 percent from the certified 
cylinder gas value. The CE for must be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR07JY20.000


[[Page 386]]


Where:

NHVmeasured = Average instrument response (Btu/scf)
NHVa = Certified cylinder gas value (Btu/scf)

    (l) Instead of complying with Sec. 63.670(p), you must keep the 
flare monitoring records specified in Sec. 63.2390(h).
    (m) Instead of complying with Sec. 63.670(q), you must comply with 
the reporting requirements specified in Sec. 63.2382(d)(2)(ix) and 
Sec. 63.2386(d)(5).

[85 FR 40766, July 7, 2020]

                   Notifications, Reports, and Records



Sec. 63.2382  What notifications must I submit and when and
what information should be submitted?

    (a) You must submit each notification in subpart SS of this part, 
Table 12 to this subpart, and paragraphs (b) through (d) of this section 
that applies to you. You must submit these notifications according to 
the schedule in Table 12 to this subpart and as specified in paragraphs 
(b) through (d) of this section. You must also comply with the 
requirements specified in Sec. 63.2346(l).
    (b) Initial Notification. (1) If you startup your affected source 
before February 3, 2004, you must submit the Initial Notification no 
later than 120 calendar days after February 3, 2004, or no later than 
120 days after the source becomes subject to this subpart, whichever is 
later.
    (2) If you startup your new or reconstructed affected source on or 
after February 3, 2004, you must submit the Initial Notification no 
later than 120 days after initial startup, or no later than 120 days 
after the source becomes subject to this subpart, whichever is later.
    (c) If you are required to conduct a performance test, you must 
submit the Notification of Intent to conduct the test at least 60 
calendar days before it is initially scheduled to begin as required in 
Sec. 63.7(b)(1).
    (d)(1) Notification of Compliance Status. If you are required to 
conduct a performance test, design evaluation, or other initial 
compliance demonstration as specified in Table 5, 6, or 7 to this 
subpart, you must submit a Notification of Compliance Status.
    (2) Notification of Compliance Status requirements. The Notification 
of Compliance Status must include the information required in Sec. 
63.999(b) and in paragraphs (d)(2)(i) through (ix) of this section.
    (i) The results of any applicability determinations, emission 
calculations, or analyses used to identify and quantify organic HAP 
emissions from the affected source.
    (ii) The results of emissions profiles, performance tests, 
engineering analyses, design evaluations, flare compliance assessments, 
inspections and repairs, and calculations used to demonstrate initial 
compliance according to Tables 6 and 7 to this subpart. For performance 
tests, results must include descriptions of sampling and analysis 
procedures and quality assurance procedures. If performance test results 
are submitted electronically via CEDRI in accordance with Sec. 
63.2386(g), the unit(s) tested, the pollutant(s) tested, and the date 
that such performance test was conducted may be submitted in the 
Notification of Compliance Status in lieu of the performance test 
results. The performance test results must be submitted to CEDRI by the 
date the Notification of Compliance Status is submitted.
    (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) Descriptions of worst-case operating and/or testing conditions 
for the control device(s).
    (v) Identification of emission sources subject to overlapping 
requirements described in Sec. 63.2396 and the authority under which 
you will comply.
    (vi) The applicable information specified in Sec. 63.1039(a)(1) 
through (3) for all pumps and valves subject to the work practice 
standards for equipment leak components in Table 4 to this subpart, item 
4.
    (vii) If you are complying with the vapor balancing work practice 
standard for transfer racks according to Table 4 to this subpart, item 
3.a, include a statement to that effect and a

[[Page 387]]

statement that the pressure vent settings on the affected storage tanks 
are greater than or equal to 2.5 psig.
    (viii) The information specified in Sec. 63.2386(c)(10)(i), unless 
the information has already been submitted with the first Compliance 
report. If the information specified in Sec. 63.2386(c)(10)(i) has 
already been submitted with the first Compliance report, the information 
specified in Sec. 63.2386(d)(3) and (4), as applicable, shall be 
submitted instead.
    (ix) For flares subject to the requirements of Sec. 63.2380, you 
must also submit the information in this paragraph in a supplement to 
the Notification of Compliance Status within 150 days after the first 
applicable compliance date for flare monitoring. In lieu of the 
information required in Sec. 63.987(b), the Notification of Compliance 
Status must include flare design (e.g., steam-assisted, air-assisted, or 
non-assisted); all visible emission readings, heat content 
determinations (including information required by Sec. 63.670(j)(6)(i), 
as applicable), flow rate measurements, and exit velocity determinations 
made during the initial visible emissions demonstration required by 
Sec. 63.670(h), as applicable; and all periods during the compliance 
determination when the pilot flame or flare flame is absent.
    (3) Submitting Notification of Compliance Status. Beginning no later 
than the compliance dates specified in Sec. 63.2342(e), you must submit 
all subsequent Notification of Compliance Status reports to the EPA via 
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 
the 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. Environmental Protection Agency, 
Office of Air Quality Planning and Standards, Sector Policies and 
Programs Division, U.S. EPA Mailroom (C404-02), Attention: Organic 
Liquids Distribution Sector Lead, 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. You may assert a claim 
of EPA system outage or force majeure for failure to timely comply with 
this reporting requirement provided you meet the requirements outlined 
in Sec. 63.2386(i) or (j), as applicable.

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42910, July 28, 2006; 85 
FR 40767, July 7, 2020; 85 FR 73903, Nov. 19, 2020]



Sec. 63.2386  What reports must I submit and when and what information
is to be submitted in each?

    (a) You must submit each report in subpart SS of this part, Table 11 
to this subpart, Table 12 to this subpart, and in paragraphs (c) through 
(j) of this section that applies to you. You must also comply with the 
requirements specified in Sec. 63.2346(l).
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
according to Table 11 to this subpart and by the dates shown in 
paragraphs (b)(1) through (3) of this section, by the dates shown in 
subpart SS of this part, and by the dates shown in Table 12 to this 
subpart, whichever are applicable.
    (1)(i) The first Compliance report must cover the period beginning 
on the compliance date that is specified for your affected source in 
Sec. 63.2342 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 affected source in Sec. 
63.2342.
    (ii) The first Compliance report must be postmarked 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. 63.2342.
    (2)(i) 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.
    (ii) Each subsequent Compliance report must be postmarked no later 
than July 31 or January 31, whichever date is the first date following 
the end of the semiannual reporting period.

[[Page 388]]

    (3) 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 first and subsequent Compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) and (2) of this 
section.
    (c) First Compliance report. The first Compliance report must 
contain the information specified in paragraphs (c)(1) through (12) of 
this section, as well as the information specified in paragraph (d) of 
this section.
    (1) Company name and address.
    (2) Statement by a responsible official, including the 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. If your report is 
submitted via CEDRI, the certifier's electronic signature during the 
submission process replaces this requirement.
    (3) Date of report and beginning and ending dates of the reporting 
period. You are no longer required to provide the date of report when 
the report is submitted via CEDRI.
    (4) Any changes to the information listed in Sec. 63.2382(d)(2) 
that have occurred since the submittal of the Notification of Compliance 
Status.
    (5) Except as specified in paragraph (c)(11) of this section, if you 
had a SSM during the reporting period and you took actions consistent 
with your SSM plan, the Compliance report must include the information 
described in Sec. 63.10(d)(5)(i).
    (6) If there are no deviations from any emission limitation or 
operating limit that applies to you and there are no deviations from the 
requirements for work practice standards, a statement that there were no 
deviations from the emission limitations, operating limits, or work 
practice standards during the reporting period.
    (7) If there were no periods during which the CMS 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.
    (8) For closed vent systems and control devices used to control 
emissions, the information specified in paragraphs (c)(8)(i) and (ii) of 
this section for those planned routine maintenance activities that would 
require the control device to not meet the applicable emission limit.
    (i) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description must include the type of maintenance necessary, 
planned frequency of maintenance, and lengths of maintenance periods.
    (ii) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description must include the type of maintenance performed and the total 
number of hours during those 6 months that the control device did not 
meet the applicable emission limit due to planned routine maintenance.
    (9) A listing of all transport vehicles into which organic liquids 
were loaded at transfer racks that are subject to control based on the 
criteria specified in Table 2 to this subpart, items 7 through 10, 
during the previous 6 months for which vapor tightness documentation as 
required in Sec. 63.2390(c) was not on file at the facility.
    (10)(i) A listing of all transfer racks (except those racks at which 
only unloading of organic liquids occurs) and of tanks greater than or 
equal to 18.9 cubic meters (5,000 gallons) that are part of the affected 
source but are not subject to any of the emission limitations, operating 
limits, or work practice standards of this subpart.
    (ii) If the information specified in paragraph (c)(10)(i) of this 
section has already been submitted with the Notification of Compliance 
Status, the information specified in paragraphs (d)(3) and (4) of this 
section, as applicable, shall be submitted instead.
    (11) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), paragraph (c)(5) of this section no longer applies.

[[Page 389]]

    (12) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), for bypass lines subject to the requirements Sec. 
63.2378(e)(1) and (2), the compliance report must include the start 
date, start time, duration in hours, estimate of the volume of gas in 
standard cubic feet (scf), the concentration of organic HAP in the gas 
in ppmv and the resulting mass emissions of organic HAP in pounds that 
bypass a control device. For periods when the flow indicator is not 
operating, report the start date, start time, and duration in hours.
    (d) Subsequent Compliance reports. Subsequent Compliance reports 
must contain the information in paragraphs (c)(1) through (9) and 
paragraph (c)(12) of this section and, where applicable, the information 
in paragraphs (d)(1) through (5) of this section.
    (1) For each deviation from an emission limitation occurring at an 
affected source where you are using a CMS to comply with an emission 
limitation in this subpart, or for each CMS that was inoperative or out 
of control during the reporting period, you must include in the 
Compliance report the applicable information in paragraphs (d)(1)(i) 
through (xv) of this section. This includes periods of SSM.
    (i) The date and time that each malfunction started and stopped, and 
the nature and cause of the malfunction (if known).
    (ii) The start date, start time, and duration in hours for each 
period that each CMS was inoperative, except for zero (low-level) and 
high-level checks.
    (iii) The start date, start time, and duration in hours for each 
period that the CMS that was out of control.
    (iv) Except as specified in paragraph (d)(1)(xiii) of this section, 
the date and time that each deviation started and stopped, and whether 
each deviation occurred during a period of SSM, or during another 
period.
    (v) The total duration in hours of all deviations for each CMS 
during the reporting period, and the total duration as a percentage of 
the total emission source operating time during that reporting period.
    (vi) Except as specified in paragraph (d)(1)(xiii) of this section, 
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) The total duration in hours of CMS downtime for each CMS 
during the reporting period, and the total duration of CMS downtime as a 
percentage of the total emission source operating time during that 
reporting period.
    (viii) An identification of each organic HAP that was potentially 
emitted during each deviation based on the known organic HAP contained 
in the liquid(s).
    (ix) A brief description of the emission source(s) at which the CMS 
deviation(s) occurred or at which the CMS was inoperative or out of 
control.
    (x) The equipment manufacturer(s) and model number(s) of the CMS and 
the pollutant or parameter monitored.
    (xi) The date of the latest certification or audit for each CMS.
    (xii) A brief description of any changes in CMS, processes, or 
controls since the last reporting period.
    (xiii) Beginning no later than the compliance dates specified in 
Sec. 63.2342(e), paragraphs (d)(1)(iv) and (vi) of this section no 
longer apply. For each instance, report the start date, start time, and 
duration in hours of each failure. For each failure, the report must 
include a list of the affected sources or equipment, an estimate of the 
quantity in pounds of each regulated pollutant emitted over any emission 
limit, a description of the method used to estimate the emissions, and 
the cause of the deviation (including unknown cause, if applicable), as 
applicable, and the corrective action taken.
    (xiv) Corrective actions taken for a CMS that was inoperative or out 
of control.
    (xv) Total process operating time during the reporting period.
    (2) Include in the Compliance report the information in paragraphs 
(d)(2)(i) through (iii) of this section, as applicable.
    (i) Except as specified in paragraph (d)(2)(iv) of this section, for 
each storage tank and transfer rack subject to control requirements, 
include periods of planned routine maintenance during

[[Page 390]]

which the control device did not comply with the applicable emission 
limits in Table 2 to this subpart.
    (ii) For each storage tank controlled with a floating roof, include 
a copy of the inspection record (required in Sec. 63.1065(b)) when 
inspection failures occur.
    (iii) If you elect to use an extension for a floating roof 
inspection in accordance with Sec. 63.1063(c)(2)(iv)(B) or (e)(2), 
include the documentation required by those paragraphs.
    (iv) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), paragraph (d)(2)(i) of this section no longer applies. 
Instead for each storage tank subject to control requirements, include 
the start date, start time, end date and end time of any planned routine 
maintenance during which the control device used to control storage tank 
breathing losses did not comply with the applicable emission limits in 
Table 2 or 2b to this subpart.
    (3)(i) Except as specified in paragraph (d)(3)(iii) of this section, 
a listing of any storage tank that became subject to controls based on 
the criteria for control specified in Table 2 to this subpart, items 1 
through 6, since the filing of the last Compliance report.
    (ii) A listing of any transfer rack that became subject to controls 
based on the criteria for control specified in Table 2 to this subpart, 
items 7 through 10, since the filing of the last Compliance report.
    (iii) Beginning no later than the compliance dates specified in 
Sec. 63.2342(e), the emission limits specified in Table 2 to this 
subpart for storage tanks at an existing affected source no longer apply 
as specified in Sec. 63.2346(a)(5). Instead, beginning no later than 
the compliance dates specified in Sec. 63.2342(e), you must include a 
listing of any storage tanks at an existing affected source that became 
subject to controls based on the criteria for control specified in Table 
2b to this subpart, items 1 through 3, since the filing of the last 
Compliance report.
    (4)(i) A listing of tanks greater than or equal to 18.9 cubic meters 
(5,000 gallons) that became part of the affected source but are not 
subject to any of the emission limitations, operating limits, or work 
practice standards of this subpart, since the last Compliance report.
    (ii) A listing of all transfer racks (except those racks at which 
only the unloading of organic liquids occurs) that became part of the 
affected source but are not subject to any of the emission limitations, 
operating limits, or work practice standards of this subpart, since the 
last Compliance report.
    (5) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), for each flare subject to the requirements in Sec. 63.2380, 
the compliance report must include the items specified in paragraphs 
(d)(5)(i) through (iii) of this section in lieu of the information 
required in Sec. 63.999(c)(3).
    (i) Records as specified in Sec. 63.2390(h)(1) for each 15-minute 
block during which there was at least one minute when regulated material 
is routed to a flare and no pilot flame or flare flame is present. 
Include the start and stop time and date of each 15-minute block.
    (ii) Visible emission records as specified in Sec. 
63.2390(h)(2)(iv) for each period of 2 consecutive hours during which 
visible emissions exceeded a total of 5 minutes.
    (iii) The periods specified in Sec. 63.2390(h)(6). Indicate the 
date and start and end time for the period, and the net heating value 
operating parameter(s) determined following the methods in Sec. 
63.670(k) through (n) as applicable.
    (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 71.6(a)(3)(iii)(A). If 
an affected source submits a Compliance report pursuant to Table 11 to 
this subpart along with, or as part of, the semiannual monitoring report 
required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), and the 
Compliance report includes all required information concerning 
deviations from any emission limitation in this subpart, we will 
consider submission of the Compliance report as satisfying any 
obligation to report the same deviations in the semiannual monitoring 
report. However, submission of a Compliance

[[Page 391]]

report will not otherwise affect any obligation the affected source may 
have to report deviations from permit requirements to the applicable 
title V permitting authority.
    (f) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), you must submit all Compliance 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 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. 
Unless the Administrator or delegated state agency or other authority 
has approved a different schedule for submission of reports under 
Sec. Sec. 63.9(i) and 63.10(a), 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. 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. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom 
(C404-02), Attention: Organic Liquids Distribution Sector Lead, 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. You may assert a claim of EPA system outage or force majeure 
for failure to timely comply with this reporting requirement provided 
you meet the requirements outlined in paragraph (i) or (j) of this 
section, as applicable.
    (g) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), you must start submitting performance test reports in 
accordance with this paragraph. Unless otherwise specified in this 
subpart, 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 (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 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) CBI. If you claim some of the information submitted under 
paragraph (g)(1) or (2) of this section is CBI, then 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 EPA's CDX as described in paragraphs (g)(1) and 
(2) of this section.

[[Page 392]]

    (h) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), you must start submitting performance evaluation reports in 
accordance with this paragraph. Unless otherwise specified in this 
subpart, within 60 days after the date of completing each CEMS 
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.
    (1) Performance evaluations of CEMS 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 CEMS 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 (h)(1) or (2) of this section is CBI, then 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 paragraphs (h)(1) 
and (2) of this section.
    (i) 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 (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

[[Page 393]]

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 paragraph, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, its 
contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (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 5063, Feb. 3, 2004, as amended at 71 FR 42910, July 28, 2006; 85 
FR 40768, July 7, 2020]



Sec. 63.2390  What records must I keep?

    (a) For each emission source identified in Sec. 63.2338 that does 
not require control under this subpart, you must keep all records 
identified in Sec. 63.2343.
    (b) For each emission source identified in Sec. 63.2338 that does 
require control under this subpart:
    (1) Except as specified in paragraph (h) of this section for flares, 
you must keep all records identified in subpart SS of this part and in 
Table 12 to this subpart that are applicable, including records related 
to notifications and reports, SSM, performance tests, CMS, and 
performance evaluation plans. You must also comply with the requirements 
specified in Sec. 63.2346(l).
    (2) Except as specified in paragraph (h) of this section for flares, 
you must keep the records required to show continuous compliance, as 
required in subpart SS of this part and in Tables 8 through 10 to this 
subpart, with each emission limitation, operating limit, and work 
practice standard that applies to you. You must also comply with the 
requirements specified in Sec. 63.2346(l).
    (3) In addition to the information required in Sec. 63.998(c), the 
manufacturer's specifications or your written procedures must include a 
schedule for calibrations, preventative maintenance procedures, a 
schedule for preventative maintenance, and corrective actions to be 
taken if a calibration fails.
    (c) For each transport vehicle into which organic liquids are loaded 
at a transfer rack that is subject to control based on the criteria 
specified in Table 2 to this subpart, items 7 through 10, you must keep 
the applicable records in paragraphs (c)(1) and (2) of this section or 
alternatively the verification records in paragraph (c)(3) of this 
section.
    (1) For transport vehicles equipped with vapor collection equipment, 
the documentation described in 40 CFR 60.505(b), except that the test 
title is: Transport Vehicle Pressure Test-EPA Reference Method 27.
    (2) For transport vehicles without vapor collection equipment, 
current certification in accordance with the U.S. DOT qualification and 
maintenance requirements in 49 CFR part 180, subpart E for cargo tanks 
and subpart F for tank cars.
    (3) In lieu of keeping the records specified in paragraph (c)(1) or 
(2) of

[[Page 394]]

this section, as applicable, the owner or operator shall record that the 
verification of U.S. DOT tank certification or Method 27 of 40 CFR part 
60, appendix A-8 testing, required in Table 5 to this subpart, item 2, 
has been performed. Various methods for the record of verification can 
be used, such as: A check-off on a log sheet, a list of U.S. DOT serial 
numbers or Method 27 data, or a position description for gate security 
showing that the security guard will not allow any trucks on site that 
do not have the appropriate documentation.
    (d) You must keep records of the total actual annual facility-level 
organic liquid loading volume as defined in Sec. 63.2406 through 
transfer racks to document the applicability, or lack thereof, of the 
emission limitations in Table 2 to this subpart, items 7 through 10.
    (e) An owner or operator who elects to comply with Sec. 
63.2346(a)(4) shall keep the records specified in paragraphs (e)(1) 
through (3) of this section.
    (1) A record of the U.S. DOT certification required by Sec. 
63.2346(a)(4)(ii).
    (2) A record of the pressure relief vent setting specified in Sec. 
63.2346(a)(4)(v).
    (3) If complying with Sec. 63.2346(a)(4)(vi)(B), keep the records 
specified in paragraphs (e)(3)(i) and (ii) of this section.
    (i) A record of the equipment to be used and the procedures to be 
followed when reloading the cargo tank or tank car and displacing vapors 
to the storage tank from which the liquid originates.
    (ii) A record of each time the vapor balancing system is used to 
comply with Sec. 63.2346(a)(4)(vi)(B).
    (f) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), for each deviation from an emission limitation, operating 
limit, and work practice standard specified in paragraph (a) of this 
section, you must keep a record of the information specified in 
paragraph (f)(1) through (3) of this section.
    (1) In the event that an affected unit fails to meet an applicable 
standard, record the number of failures. For each failure record the 
date, time and duration of each failure.
    (2) For each failure to meet an applicable standard, record and 
retain a list of the affected sources or equipment, an estimate of the 
quantity of each regulated pollutant emitted over any emission limit and 
a description of the method used to estimate the emissions.
    (3) Record actions taken to minimize emissions in accordance with 
Sec. 63.2350(d) and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.
    (g) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), for each flow event from a bypass line subject to the 
requirements in Sec. 63.2378(e)(1) and (2), you must maintain records 
sufficient to determine whether or not the detected flow included flow 
requiring control. For each flow event from a bypass line requiring 
control that is released either directly to the atmosphere or to a 
control device not meeting the requirements specified in Sec. 
63.2378(a), you must include an estimate of the volume of gas, the 
concentration of organic HAP in the gas and the resulting emissions of 
organic HAP that bypassed the control device using process knowledge and 
engineering estimates.
    (h) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), for each flare subject to the requirements in Sec. 63.2380, 
you must keep records specified in paragraphs (h)(1) through (10) of 
this section in lieu of the information required in Sec. 63.998(a)(1).
    (1) Retain records of the output of the monitoring device used to 
detect the presence of a pilot flame or flare flame as required in Sec. 
63.670(b) for a minimum of 2 years. Retain records of each 15-minute 
block during which there was at least one minute that no pilot flame or 
flare flame is present when regulated material is routed to a flare for 
a minimum of 5 years. You may reduce the collected minute-by-minute data 
to a 15-minute block basis with an indication of whether there was at 
least one minute where no pilot flame or flare flame was present.
    (2) Retain records of daily visible emissions observations or video 
surveillance images required in Sec. 63.670(h) as specified in 
paragraphs (h)(2)(i)

[[Page 395]]

through (iv) of this section, as applicable, for a minimum of 3 years.
    (i) To determine when visible emissions observations are required, 
the record must identify all periods when regulated material is vented 
to the flare.
    (ii) If visible emissions observations are performed using Method 22 
of 40 CFR part 60, appendix A-7, then the record must identify whether 
the visible emissions observation was performed, the results of each 
observation, total duration of observed visible emissions, and whether 
it was a 5-minute or 2-hour observation. Record the date and start and 
end time of each visible emissions observation.
    (iii) If a video surveillance camera is used, then the record must 
include all video surveillance images recorded, with time and date 
stamps.
    (iv) For each 2-hour period for which visible emissions are observed 
for more than 5 minutes in 2 consecutive hours, then the record must 
include the date and start and end time of the 2-hour period and an 
estimate of the cumulative number of minutes in the 2-hour period for 
which emissions were visible.
    (3) The 15-minute block average cumulative flows for flare vent gas 
and, if applicable, total steam, perimeter assist air, and premix assist 
air specified to be monitored under Sec. 63.670(i), along with the date 
and time interval for the 15-minute block. If multiple monitoring 
locations are used to determine cumulative vent gas flow, total steam, 
perimeter assist air, and premix assist air, then retain records of the 
15-minute block average flows for each monitoring location for a minimum 
of 2 years, and retain the 15-minute block average cumulative flows that 
are used in subsequent calculations for a minimum of 5 years. If 
pressure and temperature monitoring is used, then retain records of the 
15-minute block average temperature, pressure, and molecular weight of 
the flare vent gas or assist gas stream for each measurement location 
used to determine the 15-minute block average cumulative flows for a 
minimum of 2 years, and retain the 15-minute block average cumulative 
flows that are used in subsequent calculations for a minimum of 5 years.
    (4) The flare vent gas compositions specified to be monitored under 
Sec. 63.670(j). Retain records of individual component concentrations 
from each compositional analysis for a minimum of 2 years. If an NHVvg 
analyzer is used, retain records of the 15-minute block average values 
for a minimum of 5 years.
    (5) Each 15-minute block average operating parameter calculated 
following the methods specified in Sec. 63.670(k) through (n), as 
applicable.
    (6) All periods during which operating values are outside of the 
applicable operating limits specified in Sec. 63.670(d) through (f) 
when regulated material is being routed to the flare.
    (7) All periods during which you do not perform flare monitoring 
according to the procedures in Sec. 63.670(g).
    (8) Records of periods when there is flow of vent gas to the flare, 
but when there is no flow of regulated material to the flare, including 
the start and stop time and dates of periods of no regulated material 
flow.
    (9) The monitoring plan required in Sec. 63.671(b).
    (10) Records described in Sec. 63.10(b)(2)(vi).

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42910, July 28, 2006; 73 
FR 40982, July 17, 2008; 85 FR 40771, July 7, 2020]



Sec. 63.2394  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), 
including records stored in electronic form at a separate location.
    (b) As specified in Sec. 63.10(b)(1), you must keep your files of 
all information (including all reports and notifications) for at least 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

[[Page 396]]

may keep the records off site for the remaining 3 years.

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42911, July 28, 2006]

                   Other Requirements and Information



Sec. 63.2396  What compliance options do I have if part of
my plant is subject to both this subpart and another subpart?

    (a) Compliance with other regulations for storage tanks. (1) After 
the compliance dates specified in Sec. 63.2342, you are in compliance 
with the provisions of this subpart for any storage tank that is 
assigned to the OLD affected source and that is both controlled with a 
floating roof and is in compliance with the provisions of either 40 CFR 
part 60, subpart Kb, or 40 CFR part 61, subpart Y, except that records 
shall be kept for 5 years rather than 2 years for storage tanks that are 
assigned to the OLD affected source.
    (2) After the compliance dates specified in Sec. 63.2342, you are 
in compliance with the provisions of this subpart for any storage tank 
with a fixed roof that is assigned to the OLD affected source and that 
is both controlled with a closed vent system and control device and is 
in compliance with either 40 CFR part 60, subpart Kb, or 40 CFR part 61, 
subpart Y, except that you must comply with the monitoring, 
recordkeeping, and reporting requirements in this subpart.
    (3) Except as specified in paragraph (a)(4) of this section, as an 
alternative to paragraphs (a)(1) and (2) of this section, if a storage 
tank assigned to the OLD affected source is subject to control under 40 
CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, you may elect to 
comply only with the requirements of this subpart for storage tanks 
meeting the applicability criteria for control in Table 2 to this 
subpart.
    (4) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), the applicability criteria for control specified in Table 2 
to this subpart for storage tanks at an existing affected source no 
longer apply as specified in Sec. 63.2346(a)(5). Instead, beginning no 
later than the compliance dates specified in Sec. 63.2342(e), as an 
alternative to paragraphs (a)(1) and (2) of this section, if a storage 
tank assigned to an existing OLD affected source is subject to control 
under 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, you may 
elect to comply only with the requirements of this subpart for storage 
tanks at an existing affected source meeting the applicability criteria 
for control in Table 2b to this subpart.
    (b) Compliance with other regulations for transfer racks. After the 
compliance dates specified in Sec. 63.2342, if you have a transfer rack 
that is subject to 40 CFR part 61, subpart BB, and that transfer rack is 
in OLD operation, you must meet all of the requirements of this subpart 
for that transfer rack when the transfer rack is in OLD operation during 
the loading of organic liquids.
    (c) Compliance with other regulations for equipment leak components. 
(1) After the compliance dates specified in Sec. 63.2342, if you have 
pumps, valves, or sampling connections that are subject to a 40 CFR part 
60 subpart, and those pumps, valves, and sampling connections are in OLD 
operation and in organic liquids service, as defined in this subpart, 
you must comply with the provisions of each subpart for those equipment 
leak components.
    (2) After the compliance dates specified in Sec. 63.2342, if you 
have pumps, valves, or sampling connections subject to subpart GGG of 
this part, and those pumps, valves, and sampling connections are in OLD 
operation and in organic liquids service, as defined in this subpart, 
you may elect to comply with the provisions of this subpart for all such 
equipment leak components. You must identify in the Notification of 
Compliance Status required by Sec. 63.2382(b) the provisions with which 
you will comply.
    (d) Overlap of subpart EEEE with other regulations for flares for 
the OLD source category. (1) Beginning no later than the compliance 
dates specified in Sec. 63.2342(e), flares that are subject to Sec. 
60.18 of this chapter or Sec. 63.11 and used as a control device for an 
emission point subject to the requirements in Tables 2 or 2b to of this 
subpart are required to comply only with Sec. 63.2380. At any time 
before the compliance dates specified in Sec. 63.2342(e), flares that 
are subject to Sec. 60.18 or Sec. 63.11 and elect to

[[Page 397]]

comply with Sec. 63.2380 are required to comply only with Sec. 
63.2380.
    (2) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), flares that are subject to Sec. 63.987 and used as a 
control device for an emission point subject to the requirements in 
Tables 2 or 2b to this subpart are required to comply only with Sec. 
63.2380. At any time before the compliance dates specified in Sec. 
63.2342(e), flares that are subject to Sec. Sec. 63.987 and elect to 
comply with Sec. 63.2380 are required to comply only with Sec. 
63.2380.
    (3) Beginning no later than the compliance dates specified in Sec. 
63.2342(e), flares that are subject to the requirements of subpart CC of 
this part and used as a control device for an emission point subject to 
the requirements in Tables 2 or 2b to this subpart are required to 
comply only with the flare requirements in subpart CC of this part.
    (e) Overlap with other regulations for monitoring, recordkeeping, 
and reporting--(1) Control devices. After the compliance dates specified 
in Sec. 63.2342, if any control device subject to this subpart is also 
subject to monitoring, recordkeeping, and reporting requirements of 
another 40 CFR part 63 subpart, the owner or operator must be in 
compliance with the monitoring, recordkeeping, and reporting 
requirements of this subpart EEEE. If complying with the monitoring, 
recordkeeping, and reporting requirements of the other subpart satisfies 
the monitoring, recordkeeping, and reporting requirements of this 
subpart, the owner or operator may elect to continue to comply with the 
monitoring, recordkeeping, and reporting requirements of the other 
subpart. In such instances, the owner or operator will be deemed to be 
in compliance with the monitoring, recordkeeping, and reporting 
requirements of this subpart. The owner or operator must identify the 
other subpart being complied with in the Notification of Compliance 
Status required by Sec. 63.2382(b).
    (2) Equipment leak components. After the compliance dates specified 
in Sec. 63.2342, if you are applying the applicable recordkeeping and 
reporting requirements of another subpart of this part to the valves, 
pumps, and sampling connection systems associated with a transfer rack 
subject to this subpart that only unloads organic liquids directly to or 
via pipeline to a non-tank process unit component or to a storage tank 
subject to the other subpart of this part, the owner or operator must be 
in compliance with the recordkeeping and reporting requirements of this 
subpart EEEE. If complying with the recordkeeping and reporting 
requirements of the other subpart satisfies the recordkeeping and 
reporting requirements of this subpart, the owner or operator may elect 
to continue to comply with the recordkeeping and reporting requirements 
of the other subpart. In such instances, the owner or operator will be 
deemed to be in compliance with the recordkeeping and reporting 
requirements of this subpart. The owner or operator must identify the 
other subpart being complied with in the Notification of Compliance 
Status required by Sec. 63.2382(d).

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42911, July 28, 2006; 85 
FR 40772, July 7, 2020]



Sec. 63.2398  What parts of the General Provisions apply to me?

    Table 12 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.2402  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (U.S. EPA) or a delegated authority such 
as your State, local, or eligible tribal agency. If the EPA 
Administrator has delegated authority to your State, local, or eligible 
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 (see list in Sec. 63.13) to find out if this subpart is 
delegated to your State, local, or eligible tribal agency.
    (b) In delegating implementation and enforcement authority for this 
subpart to a State, local, or eligible tribal agency under subpart E of 
this part, the authorities contained in paragraphs (b)(1) through (5) of 
this section are retained by the EPA Administrator

[[Page 398]]

and are not delegated to the State, local, or eligible tribal agency.
    (1) Approval of alternatives to the nonopacity emission limitations, 
operating limits, and work practice standards in Sec. 63.2346(a) 
through (c) under Sec. 63.6(g).
    (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.

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42911, July 28, 2006; 85 
FR 40773, July 7, 2020]



Sec. 63.2406  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec. 63.2, 40 
CFR part 63, subparts H, PP, SS, TT, UU, and WW, and in this section. If 
the same term is defined in another subpart and in this section, it will 
have the meaning given in this section for purposes of this subpart. 
Notwithstanding the introductory language in Sec. 63.921, the terms 
``container'' and ``safety device'' shall have the meaning found in this 
subpart and not in Sec. 63.921.
    Actual annual average temperature, for organic liquids, means the 
temperature determined using the following methods:
    (1) For heated or cooled storage tanks, use the calculated annual 
average temperature of the stored organic liquid as determined from a 
design analysis of the storage tank.
    (2) For ambient temperature storage tanks:
    (i) Use the annual average of the local (nearest) normal daily mean 
temperatures reported by the National Climatic Data Center; or
    (ii) Use any other method that the EPA approves.
    Annual average true vapor pressure means the equilibrium partial 
pressure exerted by the total organic HAP in Table 1 to this subpart in 
the stored or transferred organic liquid. For the purpose of determining 
if a liquid meets the definition of an organic liquid, the vapor 
pressure is determined using conditions of 77 degrees Fahrenheit and 
29.92 inches of mercury. For the purpose of determining whether an 
organic liquid meets the applicability criteria in Table 2 to this 
subpart, items 1 through 6, or Table 2b to this subpart, items 1 through 
3, use the actual annual average temperature as defined in this subpart. 
The vapor pressure value in either of these cases is determined:
    (1) Using standard reference texts; or
    (2) [Reserved]
    (3) Using any other method that the EPA approves.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further processing 
downstream.
    Cargo tank means a liquid-carrying tank permanently attached and 
forming an integral part of a motor vehicle or truck trailer. This term 
also refers to the entire cargo tank motor vehicle or trailer. For the 
purpose of this subpart, vacuum trucks used exclusively for maintenance 
or spill response are not considered cargo tanks.
    Closed vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow-inducing devices that transport gas or vapors from an emission 
point to a control device. This system does not include the vapor 
collection system that is part of some transport vehicles or the loading 
arm or hose that is used for vapor return. For transfer racks, the 
closed vent system begins at, and includes, the first block valve on the 
downstream side of the loading arm or hose used to convey displaced 
vapors.
    Combustion device means an individual unit of equipment, such as a 
flare, oxidizer, catalytic oxidizer, process heater, or boiler, used for 
the combustion of organic emissions.
    Condensate means hydrocarbon liquid separated from natural gas that 
condenses due to changes in the temperature or pressure, or both, and 
remains liquid at standard conditions as specified in Sec. 63.2. Only 
those condensates downstream of the first point of custody transfer 
after the production field are considered condensates in this subpart.

[[Page 399]]

    Container means a portable unit in which a material can be stored, 
transported, treated, disposed of, or otherwise handled. Examples of 
containers include, but are not limited to, drums and portable cargo 
containers known as ``portable tanks'' or ``totes.''
    Control device means any combustion device, recovery device, 
recapture device, or any combination of these devices used to comply 
with this subpart. Such equipment or devices include, but are not 
limited to, absorbers, adsorbers, condensers, and combustion devices. 
Primary condensers, steam strippers, and fuel gas systems are not 
considered control devices.
    Crude oil means any of the naturally occurring liquids commonly 
referred to as crude oil, regardless of specific physical properties. 
Only those crude oils downstream of the first point of custody transfer 
after the production field are considered crude oils in this subpart.
    Custody transfer means the transfer of hydrocarbon liquids after 
processing and/or treatment in the producing operations, or from storage 
tanks or automatic transfer facilities to pipelines or any other forms 
of transportation.
    Design evaluation means a procedure for evaluating control devices 
that complies with the requirements in Sec. 63.985(b)(1)(i).
    Deviation means any instance in which an affected source subject to 
this subpart, or portion thereof, 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 July 7, 2023, fails to meet any emission limitation 
(including any operating limit) or work practice standard in this 
subpart during SSM. On and after July 7, 2023, this paragraph no longer 
applies.
    Emission limitation means an emission limit, opacity limit, 
operating limit, or visible emission limit.
    Equipment leak component means each pump, valve, and sampling 
connection system used in organic liquids service at an OLD operation. 
Valve types include control, globe, gate, plug, and ball. Relief and 
check valves are excluded.
    Force majeure event means a release of HAP, either directly to the 
atmosphere from a safety device or discharged via a flare, that is 
demonstrated to the satisfaction of the Administrator to result from an 
event beyond the owner or operator's control, such as natural disasters; 
acts of war or terrorism; loss of a utility external to the OLD 
operation (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 OLD 
operation that impacts the OLD operation's ability to operate.
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals (4.0 
pounds per square inch absolute (psia)) or greater which is used as a 
fuel for internal combustion engines. Aviation gasoline is included in 
this definition.
    High throughput transfer rack means those transfer racks that 
transfer into transport vehicles (for existing affected sources) or into 
transport vehicles and containers (for new affected sources) a total of 
11.8 million liters per year or greater of organic liquids.
    In organic liquids service means that an equipment leak component 
contains or contacts organic liquids having 5 percent by weight or 
greater of the organic HAP listed in Table 1 to this subpart.
    Low throughput transfer rack means those transfer racks that 
transfer into transport vehicles (for existing affected sources) or into 
transport vehicles and containers (for new affected sources) less than 
11.8 million liters per year of organic liquids.
    On-site or on site means, with respect to records required to be 
maintained by this subpart or required by another subpart referenced by 
this subpart, that records are stored at a location

[[Page 400]]

within a major source which encompasses the affected source. On-site 
includes, but is not limited to, storage at the affected source to which 
the records pertain, storage in central files elsewhere at the major 
source, or electronically available at the site.
    Organic liquid means:
    (1) Any non-crude oil liquid, non-condensate liquid, or liquid 
mixture that contains 5 percent by weight or greater of the organic HAP 
listed in Table 1 to this subpart, as determined using the procedures 
specified in Sec. 63.2354(c).
    (2) Any crude oils or condensates downstream of the first point of 
custody transfer.
    (3) Organic liquids for purposes of this subpart do not include the 
following liquids:
    (i) Gasoline (including aviation gasoline), kerosene (No. 1 
distillate oil), diesel (No. 2 distillate oil), asphalt, and heavier 
distillate oils and fuel oils;
    (ii) Any fuel consumed or dispensed on the plant site directly to 
users (such as fuels for fleet refueling or for refueling marine vessels 
that support the operation of the plant);
    (iii) Hazardous waste;
    (iv) Wastewater;
    (v) Ballast water; or
    (vi) Any non-crude oil or non-condensate liquid with an annual 
average true vapor pressure less than 0.7 kilopascals (0.1 psia).
    Organic liquids distribution (OLD) operation means the combination 
of activities and equipment used to store or transfer organic liquids 
into, out of, or within a plant site regardless of the specific activity 
being performed. Activities include, but are not limited to, storage, 
transfer, blending, compounding, and packaging.
    Permitting authority means one of the following:
    (1) The State Air Pollution Control Agency, local agency, or other 
agency authorized by the EPA Administrator to carry out a permit program 
under 40 CFR part 70; or
    (2) The EPA Administrator, in the case of EPA-implemented permit 
programs under title V of the CAA (42 U.S.C. 7661) and 40 CFR part 71.
    Plant site means all contiguous or adjoining surface property that 
is under common control, including surface properties that are separated 
only by a road or other public right-of-way. Common control includes 
surface properties that are owned, leased, or operated by the same 
entity, parent entity, subsidiary, or any combination.
    Pressure relief device means a valve, rupture disk, or similar 
device used only to release an unplanned, nonroutine discharge of gas 
from process equipment in order to avoid safety hazards or equipment 
damage. A pressure relief device discharge can result from an operator 
error, a malfunction such as a power failure or equipment failure, or 
other unexpected cause. Such devices include conventional, spring-
actuated relief valves, balanced bellows relief valves, pilot-operated 
relief valves, rupture disks, and breaking, buckling, or shearing pin 
devices.
    Relief valve means a type of pressure relief device that is designed 
to re-close after the pressure relief.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and which are 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 and 40 CFR 71.2, as applicable.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device that 
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.
    Shutdown means the cessation of operation of an OLD affected source, 
or portion thereof (other than as part of normal operation of a batch-
type operation), including equipment required or used to comply with 
this subpart, or the emptying and degassing of a storage tank. Shutdown 
as defined here includes, but is not limited to, events that result from 
periodic maintenance, replacement of equipment, or repair.

[[Page 401]]

    Startup means the setting in operation of an OLD affected source, or 
portion thereof (other than as part of normal operation of a batch-type 
operation), for any purpose. Startup also includes the placing in 
operation of any individual piece of equipment required or used to 
comply with this subpart including, but not limited to, control devices 
and monitors.
    Storage tank means a stationary unit that is constructed primarily 
of nonearthen materials (such as wood, concrete, steel, or reinforced 
plastic) that provide structural support and is designed to hold a bulk 
quantity of liquid. Storage tanks do not include:
    (1) Units permanently attached to conveyances such as trucks, 
trailers, rail cars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Bottoms receivers;
    (4) Surge control vessels;
    (5) Vessels storing wastewater; or
    (6) Reactor vessels associated with a manufacturing process unit.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within chemical 
manufacturing processes when in-process storage, mixing, or management 
of flow rates or volumes is needed to assist in production of a product.
    Tank car means a car designed to carry liquid freight by rail, and 
including a permanently attached tank.
    Total actual annual facility-level organic liquid loading volume 
means the total facility-level actual volume of organic liquid loaded 
for transport within or out of the facility through transfer racks that 
are part of the affected source into transport vehicles (for existing 
affected sources) or into transport vehicles and containers (for new 
affected sources) based on a 3-year rolling average, calculated 
annually.
    (1) For existing affected sources, each 3-year rolling average is 
based on actual facility-level loading volume during each calendar year 
(January 1 through December 31) in the 3-year period. For calendar year 
2004 only (the first year of the initial 3-year rolling average), if an 
owner or operator of an affected source does not have actual loading 
volume data for the time period from January 1, 2004, through February 
2, 2004 (the time period prior to the effective date of the OLD NESHAP), 
the owner or operator shall compute a facility-level loading volume for 
this time period as follows: At the end of the 2004 calendar year, the 
owner or operator shall calculate a daily average facility-level loading 
volume (based on the actual loading volume for February 3, 2004, through 
December 31, 2004) and use that daily average to estimate the facility-
level loading volume for the period of time from January 1, 2004, 
through February 2, 2004. The owner or operator shall then sum the 
estimated facility-level loading volume from January 1, 2004, through 
February 2, 2004, and the actual facility-level loading volume from 
February 3, 2004, through December 31, 2004, to calculate the annual 
facility-level loading volume for calendar year 2004.
    (2)(i) For new affected sources, the 3-year rolling average is 
calculated as an average of three 12-month periods. An owner or operator 
must select as the beginning calculation date with which to start the 
calculations as either the initial startup date of the new affected 
source or the first day of the calendar month following the month in 
which startup occurs. Once selected, the date with which the 
calculations begin cannot be changed.
    (ii) The initial 3-year rolling average is based on the projected 
maximum facility-level annual loading volume for each of the 3 years 
following the selected beginning calculation date. The second 3-year 
rolling average is based on actual facility-level loading volume for the 
first year of operation plus a new projected maximum facility-level 
annual loading volume for second and third years following the selected 
beginning calculation date. The third 3-year rolling average is based on 
actual facility-level loading volume for the first 2 years of operation 
plus a new projected maximum annual facility-level loading volume for 
the third year following the beginning calculation date. Subsequent 3-
year rolling averages are based on actual facility-level loading volume 
for each year in the 3-year rolling average.

[[Page 402]]

    Transfer rack means a single system used to load organic liquids 
into, or unload organic liquids out of, transport vehicles or 
containers. It includes all loading and unloading arms, pumps, meters, 
shutoff valves, relief valves, and other piping and equipment necessary 
for the transfer operation. Transfer equipment and operations that are 
physically separate (i.e., do not share common piping, valves, and other 
equipment) are considered to be separate transfer racks.
    Transport vehicle means a cargo tank or tank car.
    Vapor balancing system means:
    (1) A piping system that collects organic HAP vapors displaced from 
transport vehicles or containers during loading and routes the collected 
vapors to the storage tank from which the liquid being loaded originated 
or to another storage tank connected to a common header. For containers, 
the piping system must route the displaced vapors directly to the 
appropriate storage tank or to another storage tank connected to a 
common header in order to qualify as a vapor balancing system; or
    (2) A piping system that collects organic HAP vapors displaced from 
the loading of a storage tank and routes the collected vapors to the 
transport vehicle from which the storage tank is filled.
    Vapor collection system means any equipment located at the source 
(i.e., at the OLD operation) that is not open to the atmosphere; that is 
composed of piping, connections, and, if necessary, flow-inducing 
devices; and that is used for:
    (1) Containing and conveying vapors displaced during the loading of 
transport vehicles to a control device;
    (2) Containing and directly conveying vapors displaced during the 
loading of containers; or
    (3) Vapor balancing. This does not include any of the vapor 
collection equipment that is installed on the transport vehicle.
    Vapor-tight transport vehicle means a transport vehicle that has 
been demonstrated to be vapor-tight. To be considered vapor-tight, a 
transport vehicle equipped with vapor collection equipment must undergo 
a pressure change of no more than 250 pascals (1 inch of water) within 5 
minutes after it is pressurized to 4,500 pascals (18 inches of water). 
This capability must be demonstrated annually using the procedures 
specified in Method 27 of 40 CFR part 60, appendix A-8. For all other 
transport vehicles, vapor tightness is demonstrated by performing the 
U.S. DOT pressure test procedures for tank cars and cargo tanks.
    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 5063, Feb. 3, 2004, as amended at 71 FR 42911, July 28, 2006; 85 
FR 40773, July 7, 2020; 85 FR 44217, July 22, 2020]



     Sec. Table 1 to Subpart EEEE of Part 63--Organic Hazardous Air 
                               Pollutants

    You must use the organic HAP information listed in the following 
table to determine which of the liquids handled at your facility meet 
the HAP content criteria in the definition of Organic Liquid in Sec. 
63.2406.

------------------------------------------------------------------------
                       Compound name                          CAS No.\1\
------------------------------------------------------------------------
2,4-D salts and esters.....................................      94-75-7
Acetaldehyde...............................................      75-07-0
Acetonitrile...............................................      75-05-8
Acetophenone...............................................      98-86-2
Acrolein...................................................     107-02-8
Acrylamide.................................................      79-06-1
Acrylic acid...............................................      79-10-7
Acrylonitrile..............................................     107-13-1
Allyl chloride.............................................     107-05-1
Aniline....................................................      62-53-3
Benzene....................................................      71-43-2
Biphenyl...................................................      92-52-4
Butadiene (1,3-)...........................................     106-99-0
Carbon tetrachloride.......................................      56-23-5
Chloroacetic acid..........................................      79-11-8

[[Page 403]]

 
Chlorobenzene..............................................     108-90-7
2-Chloro-1,3-butadiene (Chloroprene).......................     126-99-8
Chloroform.................................................      67-66-3
m-Cresol...................................................     108-39-4
o-Cresol...................................................      95-48-7
p-Cresol...................................................     106-44-5
Cresols/cresylic acid......................................    1319-77-3
Cumene.....................................................      98-82-8
Dibenzofurans..............................................     132-64-9
Dibutylphthalate...........................................      84-74-2
Dichloroethane (1,2-) (Ethylene dichloride) (EDC)..........     107-06-2
Dichloropropene (1,3-).....................................     542-75-6
Diethanolamine.............................................     111-42-2
Diethyl aniline (N,N-).....................................     121-69-7
Diethylene glycol monobutyl ether..........................     112-34-5
Diethylene glycol monomethyl ether.........................     111-77-3
Diethyl sulfate............................................      64-67-5
Dimethyl formamide.........................................      68-12-2
Dimethylhydrazine (1,1-)...................................      57-14-7
Dioxane (1,4-) (1,4-Diethyleneoxide).......................     123-91-1
Epichlorohydrin (1-Chloro-2,3-epoxypropane)................     106-89-8
Epoxybutane (1,2-).........................................     106-88-7
Ethyl acrylate.............................................     140-88-5
Ethylbenzene...............................................     100-41-4
Ethyl chloride (Chloroethane)..............................      75-00-3
Ethylene dibromide (Dibromomethane)........................     106-93-4
Ethylene glycol............................................     107-21-1
Ethylene glycol dimethyl ether.............................     110-71-4
Ethylene glycol monomethyl ether...........................     109-86-4
Ethylene glycol monomethyl ether acetate...................     110-49-6
Ethylene glycol monophenyl ether...........................     122-99-6
Ethylene oxide.............................................      75-21-8
Ethylidene dichloride (1,1-Dichloroethane).................      75-34-3
Formaldehyde...............................................      50-00-0
Hexachloroethane...........................................      67-72-1
Hexane.....................................................     110-54-3
Hydroquinone...............................................     123-31-9
Isophorone.................................................      78-59-1
Maleic anhydride...........................................     108-31-6
Methanol...................................................      67-56-1
Methyl chloride (Chloromethane)............................      74-87-3
Methylene chloride (Dichloromethane).......................      75-09-2
Methylenedianiline (4,4'-).................................     101-77-9
Methylene diphenyl diisocyanate............................     101-68-8
Methyl hydrazine...........................................      60-34-4
Methyl isobutyl ketone (Hexone) (MIBK).....................     108-10-1
Methyl methacrylate........................................      80-62-6
Methyl tert-butyl ether (MTBE).............................    1634-04-4
Naphthalene................................................      91-20-3
Nitrobenzene...............................................      98-95-3
Phenol.....................................................     108-9-52
Phthalic anhydride.........................................      85-44-9
Polycyclic organic matter..................................      50-32-8
Propionaldehyde............................................     123-38-6
Propylene dichloride (1,2-Dichloropropane).................      78-87-5
Propylene oxide............................................      75-56-9
Quinoline..................................................      91-22-5
Styrene....................................................     100-42-5
Styrene oxide..............................................      96-09-3
Tetrachloroethane (1,1,2,2-)...............................      79-34-5
Tetrachloroethylene (Perchloroethylene)....................     127-18-4
Toluene....................................................     108-88-3
Toluene diisocyanate (2,4-)................................     584-84-9
o-Toluidine................................................      95-53-4
Trichlorobenzene (1,2,4-)..................................     120-82-1
Trichloroethane (1,1,1-) (Methyl chloroform)...............      71-55-6
Trichloroethane (1,1,2-) (Vinyl trichloride)...............      79-00-5
Trichloroethylene..........................................      79-01-6
Triethylamine..............................................     121-44-8
Trimethylpentane (2,2,4-)..................................     540-84-1
Vinyl acetate..............................................     108-05-4
Vinyl chloride (Chloroethylene)............................      75-01-4
Vinylidene chloride (1,1-Dichloroethylene).................      75-35-4
Xylene (m-)................................................     108-38-3

[[Page 404]]

 
Xylene (o-)................................................      95-47-6
Xylene (p-)................................................     106-42-3
Xylenes (isomers and mixtures).............................    1330-20-7
------------------------------------------------------------------------
\1\ CAS numbers refer to the Chemical Abstracts Services registry number
  assigned to specific compounds, isomers, or mixtures of compounds.


[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42913, July 28, 2006]



        Sec. Table 2 to Subpart EEEE of Part 63--Emission Limits

----------------------------------------------------------------------------------------------------------------
       If you own or operate . . .                       And if . . .                   Then you must . . .\1\
----------------------------------------------------------------------------------------------------------------
1. A storage tank at an existing affected  a. The stored organic liquid is not       i. Reduce emissions of
 source with a capacity =18.9    crude oil or condensate and if the        total organic HAP (or,
 cubic meters (5,000 gallons) and <189.3    annual average true vapor pressure of     upon approval, TOC) by at
 cubic meters (50,000 gallons) \2\          the total Table 1 organic HAP in the      least 95 weight-percent
                                            stored organic liquid is =27.6 kilopascals (4.0 psia) and       exhaust concentration less
                                            <76.6 kilopascals (11.1 psia)             than or equal to 20 ppmv,
                                                                                      on a dry basis corrected
                                                                                      to 3-percent oxygen for
                                                                                      combustion devices using
                                                                                      supplemental combustion
                                                                                      air, by venting emissions
                                                                                      through a closed vent
                                                                                      system to any combination
                                                                                      of control devices meeting
                                                                                      the applicable
                                                                                      requirements of subpart SS
                                                                                      of this part and Sec.
                                                                                      63.2346(l); OR
                                                                                     ii. Comply with the work
                                                                                      practice standards
                                                                                      specified in Table 4 to
                                                                                      this subpart, items 1.a,
                                                                                      1.b, or 1.c for tanks
                                                                                      storing liquids described
                                                                                      in that table.
                                           b. The stored organic liquid is crude     i. See the requirement in
                                            oil or condensate                         item 1.a.i or 1.a.ii of
                                                                                      this table.
2. A storage tank at an existing affected  a. The stored organic liquid is not       i. See the requirement in
 source with a capacity =189.3   crude oil or condensate and if the        item 1.a.i or 1.a.ii of
 cubic meters (50,000 gallons)              annual average true vapor pressure of     this table.
                                            the total Table 1 organic HAP in the
                                            stored organic liquid is <76.6
                                            kilopascals (11.1 psia)
                                           b. The stored organic liquid is crude     i. See the requirement in
                                            oil or condensate                         item 1.a.i or 1.a.ii of
                                                                                      this table.
3. A storage tank at a reconstructed or    a. The stored organic liquid is not       i. See the requirement in
 new affected source with a capacity =18.9 cubic meters (5,000           annual average true vapor pressure of     this table.
 gallons) and <37.9 cubic meters (10,000    the total Table 1 organic HAP in the
 gallons)                                   stored organic liquid is =27.6 kilopascals (4.0 psia) and
                                            <76.6 kilopascals (11.1 psia)
                                           b. The stored organic liquid is crude     i. See the requirement in
                                            oil or condensate                         item 1.a.i or 1.a.ii of
                                                                                      this table.
4. A storage tank at a reconstructed or    a. The stored organic liquid is not       i. See the requirement in
 new affected source with a capacity =37.9 cubic meters (10,000          annual average true vapor pressure of     this table.
 gallons) and <189.3 cubic meters (50,000   the total Table 1 organic HAP in the
 gallons)                                   stored organic liquid is =0.7 kilopascals (0.1 psia) and
                                            <76.6 kilopascals (11.1 psia)
                                           b. The stored organic liquid is crude     i. See the requirement in
                                            oil or condensate                         item 1.a.i or 1.a.ii of
                                                                                      this table.
5. A storage tank at a reconstructed or    a. The stored organic liquid is not       i. See the requirement in
 new affected source with a capacity =189.3 cubic meters (50,000         annual average true vapor pressure of     this table.
 gallons)                                   the total Table 1 organic HAP in the
                                            stored organic liquid is <76.6
                                            kilopascals (11.1 psia)
                                           b. The stored organic liquid is crude     i. See the requirement in
                                            oil or condensate                         item 1.a.i or 1.a.ii of
                                                                                      this table.

[[Page 405]]

 
6. A storage tank at an existing,          a. The stored organic liquid is not       i. Reduce emissions of
 reconstructed, or new affected source      crude oil or condensate and if the        total organic HAP (or,
 meeting the capacity criteria specified    annual average true vapor pressure of     upon approval, TOC) by at
 in Table 2 to this subpart, items 1        the total Table 1 organic HAP in the      least 95 weight-percent
 through 5                                  stored organic liquid is =76.6 kilopascals (11.1 psia)          exhaust concentration less
                                                                                      than or equal to 20 ppmv,
                                                                                      on a dry basis corrected
                                                                                      to 3-percent oxygen for
                                                                                      combustion devices using
                                                                                      supplemental combustion
                                                                                      air, by venting emissions
                                                                                      through a closed vent
                                                                                      system to any combination
                                                                                      of control devices meeting
                                                                                      the applicable
                                                                                      requirements of subpart SS
                                                                                      of this part and Sec.
                                                                                      63.2346(l); OR
                                                                                     ii. Comply with the work
                                                                                      practice standards
                                                                                      specified in Table 4 to
                                                                                      this subpart, item 2.a or
                                                                                      2.b, for tanks storing the
                                                                                      liquids described in that
                                                                                      table.
7. A transfer rack at an existing          a. The total Table 1 organic HAP content  i. For all such loading
 facility where the total actual annual     of the organic liquid being loaded        arms at the rack, reduce
 facility-level organic liquid loading      through one or more of the transfer       emissions of total organic
 volume through transfer racks is equal     rack's arms is at least 98 percent by     HAP (or, upon approval,
 to or greater than 800,000 gallons and     weight and is being loaded into a         TOC) from the loading of
 less than 10 million gallons               transport vehicle                         organic liquids either by
                                                                                      venting the emissions that
                                                                                      occur during loading
                                                                                      through a closed vent
                                                                                      system to any combination
                                                                                      of control devices meeting
                                                                                      the applicable
                                                                                      requirements of subpart SS
                                                                                      of this part and Sec.
                                                                                      63.2346(l), achieving at
                                                                                      least 98 weight-percent
                                                                                      HAP reduction, OR, as an
                                                                                      option, to an exhaust
                                                                                      concentration less than or
                                                                                      equal to 20 ppmv, on a dry
                                                                                      basis corrected to 3-
                                                                                      percent oxygen for
                                                                                      combustion devices using
                                                                                      supplemental combustion
                                                                                      air; OR
                                                                                     ii. During the loading of
                                                                                      organic liquids, comply
                                                                                      with the work practice
                                                                                      standards specified in
                                                                                      item 3 of Table 4 to this
                                                                                      subpart.
8. A transfer rack at an existing          a. One or more of the transfer rack's     i. See the requirements in
 facility where the total actual annual     arms is loading an organic liquid into    items 7.a.i and 7.a.ii of
 facility-level organic liquid loading      a transport vehicle                       this table.
 volume through transfer racks is =10 million gallons
9. A transfer rack at a new facility       a. The total Table 1 organic HAP content  i. See the requirements in
 where the total actual annual facility-    of the organic liquid being loaded        items 7.a.i and 7.a.ii of
 level organic liquid loading volume        through one or more of the transfer       this table.
 through transfer racks is less than        rack's arms is at least 25 percent by
 800,000 gallons                            weight and is being loaded into a
                                            transport vehicle
                                           b. One or more of the transfer rack's     i. For all such loading
                                            arms is filling a container with a        arms at the rack during
                                            capacity equal to or greater than 55      the loading of organic
                                            gallons                                   liquids, comply with the
                                                                                      provisions of Sec. Sec.
                                                                                      63.924 through 63.927; OR
                                                                                     ii. During the loading of
                                                                                      organic liquids, comply
                                                                                      with the work practice
                                                                                      standards specified in
                                                                                      item 3.a of Table 4 to
                                                                                      this subpart.
10. A transfer rack at a new facility      a. One or more of the transfer rack's     i. See the requirements in
 where the total actual annual facility-    arms is loading an organic liquid into    items 7.a.i and 7.a.ii of
 level organic liquid loading volume        a transport vehicle                       this table.
 through transfer racks is equal to or
 greater than 800,000 gallons
                                           b. One or more of the transfer rack's     i. For all such loading
                                            arms is filling a container with a        arms at the rack during
                                            capacity equal to or greater than 55      the loading of organic
                                            gallons                                   liquids, comply with the
                                                                                      provisions of Sec. Sec.
                                                                                      63.924 through 63.927; OR
                                                                                     ii. During the loading of
                                                                                      organic liquids, comply
                                                                                      with the work practice
                                                                                      standards specified in
                                                                                      item 3.a of Table 4 to
                                                                                      this subpart.
----------------------------------------------------------------------------------------------------------------
\1\ Beginning no later than the compliance dates specified in Sec. 63.2342(e), for each storage tank and low
  throughput transfer rack, if you vent emissions through a closed vent system to a flare then you must comply
  with the requirements specified in Sec. 63.2346(k).

[[Page 406]]

 
\2\ Beginning no later than the compliance dates specified in Sec. 63.2342(e), the tank capacity criteria,
  liquid vapor pressure criteria, and emission limits specified for storage tanks at an existing affected source
  in Table 2 to this subpart, item 1 no longer apply. Instead, you must comply with the requirements as
  specified in Sec. 63.2346(a)(5) and Table 2b to this subpart.


[85 FR 40774, July 7, 2020]



 Sec. Table 2b to Subpart EEEE of Part 63--Emission Limits For Storage 
               Tanks At Certain Existing Affected Sources

    As stated in Sec. 63.2346(a)(5), beginning no later than the 
compliance dates specified in Sec. 63.2342(e), the requirements in this 
Table 2b to this subpart apply to storage tanks at an existing affected 
source in lieu of the requirements in Table 2 to this subpart, item 1 
for storage tanks at an existing affected source.

------------------------------------------------------------------------
                                                       Then you must . .
   If you own or operate . . .       And if . . .              .
------------------------------------------------------------------------
1. A storage tank at an existing  a. The stored       i. Reduce
 affected source with a capacity   organic liquid is   emissions of
 =18.9 cubic meters     not crude oil or    total organic HAP
 (5,000 gallons) and <75.7 cubic   condensate and if   (or, upon
 meters (20,000 gallons).          the annual          approval, TOC) by
                                   average true        at least 95
                                   vapor pressure of   weight-percent
                                   the total Table 1   or, as an option,
                                   organic HAP in      to an exhaust
                                   the stored          concentration
                                   organic liquid is   less than or
                                   =27.6    equal to 20 ppmv,
                                   kilopascals (4.0    on a dry basis
                                   psia).              corrected to 3-
                                                       percent oxygen
                                                       for combustion
                                                       devices using
                                                       supplemental
                                                       combustion air,
                                                       by venting
                                                       emissions through
                                                       a closed vent
                                                       system to a flare
                                                       meeting the
                                                       requirements of
                                                       Sec. Sec.
                                                       63.983 and
                                                       63.2380, or by
                                                       venting emissions
                                                       through a closed
                                                       vent system to
                                                       any combination
                                                       of nonflare
                                                       control devices
                                                       meeting the
                                                       applicable
                                                       requirements of
                                                       subpart SS of
                                                       this part and
                                                       Sec.
                                                       63.2346(l); OR.
                                                      ii. Comply with
                                                       the work practice
                                                       standards
                                                       specified in
                                                       Table 4 to this
                                                       subpart, items
                                                       1.a, 1.b, or 1.c
                                                       for tanks storing
                                                       liquids described
                                                       in that table.
                                  b. The stored       i. See the
                                   organic liquid is   requirement in
                                   crude oil or        item 1.a.i or ii
                                   condensate.         of this table.
2. A storage tank at an existing  a. The stored       i. See the
 affected source with a capacity   organic liquid is   requirement in
 =75.7 cubic meters     not crude oil or    item 1.a.i or ii
 (20,000 gallons) and <151.4       condensate and if   of this table.
 cubic meters (40,000 gallons).    the annual
                                   average true
                                   vapor pressure of
                                   the total Table 1
                                   organic HAP in
                                   the stored
                                   organic liquid is
                                   =13.1
                                   kilopascals (1.9
                                   psia).
                                  b. The stored       i. See the
                                   organic liquid is   requirement in
                                   crude oil or        item 1.a.i or ii
                                   condensate.         of this table.
3. A storage tank at an existing  a. The stored       i. See the
 affected source with a capacity   organic liquid is   requirement in
 =151.4 cubic meters    not crude oil or    item 1.a.i or ii
 (40,000 gallons) and <189.3       condensate and if   of this table.
 cubic meters (50,000 gallons).    the annual
                                   average true
                                   vapor pressure of
                                   the total Table 1
                                   organic HAP in
                                   the stored
                                   organic liquid is
                                   =5.2
                                   kilopascals (0.75
                                   psia).
                                  b. The stored       i. See the
                                   organic liquid is   requirement in
                                   crude oil or        item 1.a.i or ii
                                   condensate.         of this table.
------------------------------------------------------------------------


[85 FR 40775, July 7, 2020]



    Sec. Table 3 to Subpart EEEE of Part 63--Operating Limits--High 
                        Throughput Transfer Racks

    As stated in Sec. 63.2346(e), you must comply with the operating 
limits for existing, reconstructed, or new affected sources as follows:

------------------------------------------------------------------------
   For each existing, each
 reconstructed, and each new                 You must . . .
 affected source using . . .
------------------------------------------------------------------------
1. A thermal oxidizer to       Maintain the daily average fire box or
 comply with an emission        combustion zone temperature greater than
 limit in Table 2 to this       or equal to the reference temperature
 subpart.                       established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit.
2. A catalytic oxidizer to     a. Replace the existing catalyst bed
 comply with an emission        before the age of the bed exceeds the
 limit in Table 2 to this       maximum allowable age established during
 subpart.                       the design evaluation or performance
                                test that demonstrated compliance with
                                the emission limit; AND

[[Page 407]]

 
                               b. Maintain the daily average temperature
                                at the inlet of the catalyst bed greater
                                than or equal to the reference
                                temperature established during the
                                design evaluation or performance test
                                that demonstrated compliance with the
                                emission limit; AND
                               c. Maintain the daily average temperature
                                difference across the catalyst bed
                                greater than or equal to the minimum
                                temperature difference established
                                during the design evaluation or
                                performance test that demonstrated
                                compliance with the emission limit.
3. An absorber to comply with  a. Maintain the daily average
 an emission limit in Table 2   concentration level of organic compounds
 to this subpart.               in the absorber exhaust less than or
                                equal to the reference concentration
                                established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit; OR
                               b. Maintain the daily average scrubbing
                                liquid temperature less than or equal to
                                the reference temperature established
                                during the design evaluation or
                                performance test that demonstrated
                                compliance with the emission limit; AND
                               Maintain the difference between the
                                specific gravities of the saturated and
                                fresh scrubbing fluids greater than or
                                equal to the difference established
                                during the design evaluation or
                                performance test that demonstrated
                                compliance with the emission limit.
4. A condenser to comply with  a. Maintain the daily average
 an emission limit in Table 2   concentration level of organic compounds
 to this subpart.               at the condenser exit less than or equal
                                to the reference concentration
                                established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit; OR
                               b. Maintain the daily average condenser
                                exit temperature less than or equal to
                                the reference temperature established
                                during the design evaluation or
                                performance test that demonstrated
                                compliance with the emission limit.
5. An adsorption system with   a. Maintain the daily average
 adsorbent regeneration to      concentration level of organic compounds
 comply with an emission        in the adsorber exhaust less than or
 limit in Table 2 to this       equal to the reference concentration
 subpart.                       established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit; OR
                               b. Maintain the total regeneration stream
                                mass flow during the adsorption bed
                                regeneration cycle greater than or equal
                                to the reference stream mass flow
                                established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit; AND
                               Before the adsorption cycle commences,
                                achieve and maintain the temperature of
                                the adsorption bed after regeneration
                                less than or equal to the reference
                                temperature established during the
                                design evaluation or performance test
                                that demonstrated compliance with the
                                emission limit; AND
                               Achieve a pressure reduction during each
                                adsorption bed regeneration cycle
                                greater than or equal to the pressure
                                reduction established during the design
                                evaluation or performance test that
                                demonstrated compliance with the
                                emission limit.
6. An adsorption system        a. Maintain the daily average
 without adsorbent              concentration level of organic compounds
 regeneration to comply with    in the adsorber exhaust less than or
 an emission limit in Table 2   equal to the reference concentration
 to this subpart.               established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit; OR
                               b. Replace the existing adsorbent in each
                                segment of the bed with an adsorbent
                                that meets the replacement
                                specifications established during the
                                design evaluation or performance test
                                before the age of the adsorbent exceeds
                                the maximum allowable age established
                                during the design evaluation or
                                performance test that demonstrated
                                compliance with the emission limit; AND
                               Maintain the temperature of the
                                adsorption bed less than or equal to the
                                reference temperature established during
                                the design evaluation or performance
                                test that demonstrated compliance with
                                the emission limit.
7. A flare to comply with an   a. Except as specified in item 7.d of
 emission limit in Table 2 to   this table, comply with the equipment
 this subpart.                  and operating requirements in Sec.
                                63.987(a); AND
                               b. Except as specified in item 7.d of
                                this table, conduct an initial flare
                                compliance assessment in accordance with
                                Sec. 63.987(b); AND
                               c. Except as specified in item 7.d of
                                this table, install and operate
                                monitoring equipment as specified in
                                Sec. 63.987(c).
                               d. Beginning no later than the compliance
                                dates specified in Sec. 63.2342(e),
                                comply with the requirements in Sec.
                                63.2380 instead of the requirements in
                                Sec. 63.987 and the provisions
                                regarding flare compliance assessments
                                at Sec. 63.997(a), (b), and (c).
8. Another type of control     Submit a monitoring plan as specified in
 device to comply with an       Sec. Sec. 63.995(c) and 63.2366(b),
 emission limit in Table 2 to   and monitor the control device in
 this subpart.                  accordance with that plan.
------------------------------------------------------------------------


[85 FR 40776, July 7, 2020]

[[Page 408]]



    Sec. Table 4 to Subpart EEEE of Part 63--Work Practice Standards

    As stated in Sec. 63.2346, you may elect to comply with one of the 
work practice standards for existing, reconstructed, or new affected 
sources in the following table. If you elect to do so, . . .

------------------------------------------------------------------------
             For each . . .                       You must . . .
------------------------------------------------------------------------
1. Storage tank at an existing,          a. Comply with the requirements
 reconstructed, or new affected source    of 40 CFR part 63, subpart WW
 meeting any set of tank capacity and     (control level 2), if you
 organic HAP vapor pressure criteria      elect to meet 40 CFR part 63,
 specified in Table 2 to this subpart,    subpart WW (control level 2)
 items 1 through 5 or Table 2b to this    requirements as an alternative
 subpart, items 1 through 3.              to the emission limit in Table
                                          2 to this subpart, items 1
                                          through 5 or the emission
                                          limit in Table 2b to this
                                          subpart, items 1 through 3;
                                          OR.
                                         b. Comply with the requirements
                                          in Sec. Sec. 63.2346(l) and
                                          63.984 for routing emissions
                                          to a fuel gas system or back
                                          to a process; OR.
                                         c. Comply with the requirements
                                          of Sec. 63.2346(a)(4) for
                                          vapor balancing emissions to
                                          the transport vehicle from
                                          which the storage tank is
                                          filled.
2. Storage tank at an existing,          a. Comply with the requirements
 reconstructed, or new affected source    in Sec. Sec. 63.2346(l) and
 meeting any set of tank capacity and     63.984 for routing emissions
 organic HAP vapor pressure criteria      to a fuel gas system or back
 specified in Table 2 to this subpart,    to a process; OR
 item 6.                                 b. Comply with the requirements
                                          of Sec. 63.2346(a)(4) for
                                          vapor balancing emissions to
                                          the transport vehicle from
                                          which the storage tank is
                                          filled.
3. Transfer rack subject to control      a. If the option of a vapor
 based on the criteria specified in       balancing system is selected,
 Table 2 to this subpart, items 7         install and, during the
 through 10, at an existing,              loading of organic liquids,
 reconstructed, or new affected source.   operate a system that meets
                                          the requirements in Table 7 to
                                          this subpart, item 3.b.i and
                                          item 3.b.ii, as applicable; OR
                                         b. Comply with the requirements
                                          in Sec. Sec. 63.2346(l) and
                                          63.984 during the loading of
                                          organic liquids, for routing
                                          emissions to a fuel gas system
                                          or back to a process.
4. Pump, valve, and sampling connection  Comply with Sec. 63.2346(l)
 that operates in organic liquids         and the requirements for
 service at least 300 hours per year at   pumps, valves, and sampling
 an existing, reconstructed, or new       connections in 40 CFR part 63,
 affected source.                         subpart TT (control level 1),
                                          subpart UU (control level 2),
                                          or subpart H.
5. Transport vehicles equipped with      Follow the steps in 40 CFR
 vapor collection equipment that are      60.502(e) to ensure that
 loaded at transfer racks that are        organic liquids are loaded
 subject to control based on the          only into vapor-tight
 criteria specified in Table 2 to this    transport vehicles, and comply
 subpart, items 7 through 10.             with the provisions in 40 CFR
                                          60.502(f), (g), (h), and (i),
                                          except substitute the term
                                          transport vehicle at each
                                          occurrence of tank truck or
                                          gasoline tank truck in those
                                          paragraphs.
6. Transport vehicles equipped without   Ensure that organic liquids are
 vapor collection equipment that are      loaded only into transport
 loaded at transfer racks that are        vehicles that have a current
 subject to control based on the          certification in accordance
 criteria specified in Table 2 to this    with the U.S. DOT
 subpart, items 7 through 10.             qualification and maintenance
                                          requirements in 49 CFR part
                                          180, subpart E for cargo tanks
                                          and subpart F for tank cars.
------------------------------------------------------------------------


[85 FR 40777, July 7, 2020]



 Sec. Table 5 to Subpart EEEE of Part 63--Requirements for Performance 
                      Tests and Design Evaluations

    As stated in Sec. Sec. 63.2354(a) and 63.2362, you must comply with 
the requirements for performance tests and design evaluations for 
existing, reconstructed, or new affected sources as follows:

[[Page 409]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      According to the
             For . . .               You must conduct . . .    According to . . .         Using . . .         To determine . . .         following
                                                                                                                                     requirements . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Each existing, each               a. A performance test   i. Sec. (1) Method 1 or 1A in  (A) Sampling port      (i) Sampling sites
 reconstructed, and each new          to determine the        63.985(b)(1)(ii),       appendix A-1 of 40     locations and the      must be located at
 affected source using a nonflare     organic HAP (or, upon   Sec. 63.988(b),       CFR part 60, as        required number of     the inlet and outlet
 control device to comply with an     a pproval, TOC)         Sec. 63.990(b), or    appropriate.           traverse points.       of each control
 emission limit in Table 2 to this    control efficiency of   Sec. 63.995(b).                                                     device if complying
 subpart, items 1 through 10, and     each nonflare control                                                                         with the control
 each existing affected source        device, OR the                                                                                efficiency
 using a nonflare control device to   exhaust concentration                                                                         requirement or at
 comply with an emission limit in     of each combustion                                                                            the outlet of the
 Table 2b to this subpart, items 1    device; OR                                                                                    control device if
 through 3.                                                                                                                         complying with the
                                                                                                                                    exhaust
                                                                                                                                    concentration
                                                                                                                                    requirement; AND
                                                                                                                                   (ii) the outlet
                                                                                                                                    sampling site must
                                                                                                                                    be located at each
                                                                                                                                    control device prior
                                                                                                                                    to any releases to
                                                                                                                                    the atmosphere.
                                                                                     (2) Method 2, 2A, 2C,  (A) Stack gas          See the requirements
                                                                                      2D, or 2F in           velocity and           in items
                                                                                      appendix A-1 of 40     volumetric flow rate.  1.a.i.(1)(A)(i) and
                                                                                      CFR part 60, or                               (ii) of this table.
                                                                                      Method 2G in
                                                                                      appendix A-2 of 40
                                                                                      CFR part 60, as
                                                                                      appropriate.
                                                                                     (3) Method 3A or 3B    (A) Concentration of   See the requirements
                                                                                      in appendix A-2 of     CO2 and O2 and dry     in items
                                                                                      40 CFR part 60, as     molecular weight of    1.a.i.(1)(A)(i) and
                                                                                      appropriate \1\.       the stack gas.         (ii) of this table.
                                                                                     (4) Method 4 in        (A) Moisture content   See the requirements
                                                                                      appendix A-3 of 40     of the stack gas.      in items
                                                                                      CFR part 60.                                  1.a.i.(1)(A)(i) and
                                                                                                                                    (ii) of this table.
                                                                                     (5) Method 25 or 25A   (A) TOC and            (i) The organic HAP
                                                                                      in appendix A-7 of     formaldehyde           used for the
                                                                                      40 CFR part 60, as     emissions, from any    calibration gas for
                                                                                      appropriate. Method    control device.        Method 25A in
                                                                                      316, Method 320 \4\,                          appendix A-7 of 40
                                                                                      or Method 323 in                              CFR part 60 must be
                                                                                      appendix A of this                            the single organic
                                                                                      part if you must                              HAP representing the
                                                                                      measure                                       largest percent by
                                                                                      formaldehyde. You                             volume of emissions;
                                                                                      may not use Methods                           AND
                                                                                      320 2 4 or 323 for                           (ii) During the
                                                                                      formaldehyde if the                           performance test,
                                                                                      gas stream contains                           you must establish
                                                                                      entrained water                               the operating
                                                                                      droplets.                                     parameter limits
                                                                                                                                    within which TOC
                                                                                                                                    emissions are
                                                                                                                                    reduced by the
                                                                                                                                    required weight-
                                                                                                                                    percent or, as an
                                                                                                                                    option for nonflare
                                                                                                                                    combustion devices,
                                                                                                                                    to 20-ppmv exhaust
                                                                                                                                    concentration.

[[Page 410]]

 
                                                                                     (6) Method 18 \3\ in   (A) Total organic HAP  (i) During the
                                                                                      appendix A-6 of 40     and formaldehyde       performance test,
                                                                                      CFR part 60 or         emissions, from non-   you must establish
                                                                                      Method 320 2 4 of      combustion control     the operating
                                                                                      appendix A to this     devices.               parameter limits
                                                                                      part, as                                      within which total
                                                                                      appropriate. Method                           organic HAP
                                                                                      316, Method 320 2 4,                          emissions are
                                                                                      or Method 323 in                              reduced by the
                                                                                      appendix A of this                            required weight-
                                                                                      part for measuring                            percent.
                                                                                      formaldehyde. You
                                                                                      may not use Methods
                                                                                      320 or 323 if the
                                                                                      gas stream contains
                                                                                      entrained water
                                                                                      droplets.
                                     b. A design evaluation  Sec. 63.985(b)(1)(i)                                                During a design
                                      (for nonflare control                                                                         evaluation, you must
                                      devices) to determine                                                                         establish the
                                      the organic HAP (or,                                                                          operating parameter
                                      upon approval, TOC)                                                                           limits within which
                                      control efficiency of                                                                         total organic HAP,
                                      each nonflare control                                                                         (or, upon approval,
                                      device, or the                                                                                TOC) emissions are
                                      exhaust concentration                                                                         reduced by at least
                                      of each combustion                                                                            95 weight-percent
                                      control device.                                                                               for storage tanks or
                                                                                                                                    98 weight-percent
                                                                                                                                    for transfer racks,
                                                                                                                                    or, as an option for
                                                                                                                                    nonflare combustion
                                                                                                                                    devices, to 20-ppmv
                                                                                                                                    exhaust
                                                                                                                                    concentration.
2. Each transport vehicle that you   A performance test to                           Method 27 of appendix  Vapor tightness......  The pressure change
 own that is equipped with vapor      determine the vapor                             A of 40 CFR part 60.                          in the tank must be
 collection equipment and is loaded   tightness of the tank                                                                         no more than 250
 with organic liquids at a transfer   and then repair as                                                                            pascals (1 inch of
 rack that is subject to control      needed until it                                                                               water) in 5 minutes
 based on the criteria specified in   passes the test.                                                                              after it is
 Table 2 to this subpart, items 7                                                                                                   pressurized to 4,500
 through 10, at an existing,                                                                                                        pascals (18 inches
 reconstructed, or new affected                                                                                                     of water).
 source.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The manual method in American Society of Mechanical Engineers (ASME) PTC 19.10-1981-Part 10 (2010) (incorporated by reference, see Sec. 63.14) may
  be used instead of Method 3B in appendix A-2 of 40 CFR part 60 to determine oxygen concentration.
\2\ All compounds quantified by Method 320 of appendix A to this part must be validated according to Section 13.0 of Method 320.
\3\ ASTM D6420-18 (incorporated by reference, see Sec. 63.14) may be used instead of Method 18 of 40 CFR part 60, appendix A-6 to determine total HAP
  emissions, but if you use ASTM D6420-18, you must use it under the conditions specified in Sec. 63.2354(b)(3)(ii).

[[Page 411]]

 
\4\ ASTM D6348-12e1 (incorporated by reference, see Sec. 63.14) may be used instead of Method 320 of appendix A to this part under the following
  conditions: the test plan preparation and implementation in the Annexes to ASTM D6348-12e1, Sections A1 through A8 are mandatory; the percent (%) R
  must be determined for each target analyte (Equation A5.5); %R must be 70% = R <= 130%; if the %R value does not meet this criterion for a
  target compound, then the test data is not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or
  analytical procedure should be adjusted before a retest); and 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 Stack))/(%R) x 100.


[85 FR 40778, July 7, 2020]



    Sec. Table 6 to Subpart EEEE of Part 63--Initial Compliance with 
                             Emission Limits

    As stated in Sec. Sec. 63.2370(a) and 63.2382(b), you must show 
initial compliance with the emission limits for existing, reconstructed, 
or new affected sources as follows:

------------------------------------------------------------------------
                                                          You have
       For each . . .           For the following   demonstrated initial
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------
1. Storage tank at an         Reduce total organic  Total organic HAP
 existing, reconstructed, or   HAP (or, upon         (or, upon approval,
 new affected source meeting   approval, TOC)        TOC) emissions,
 any set of tank capacity      emissions by at       based on the
 and liquid organic HAP        least 95 weight-      results of the
 vapor pressure criteria       percent, or as an     performance testing
 specified in Table 2 to       option for nonflare   or design
 this subpart, items 1         combustion devices    evaluation
 through 6, or Table 2b to     to an exhaust         specified in Table
 this subpart, items 1         concentration of      5 to this subpart,
 through 3.                    <=20 ppmv.            item 1.a or 1.b,
                                                     respectively, are
                                                     reduced by at least
                                                     95 weight-percent
                                                     or as an option for
                                                     nonflare combustion
                                                     devices to an
                                                     exhaust
                                                     concentration <=20
                                                     ppmv.
2. Transfer rack that is      Reduce total organic  Total organic HAP
 subject to control based on   HAP (or, upon         (or, upon approval,
 the criteria specified in     approval, TOC)        TOC) emissions from
 Table 2 to this subpart,      emissions from the    the loading of
 items 7 through 10, at an     loading of organic    organic liquids,
 existing, reconstructed, or   liquids by at least   based on the
 new affected source.          98 weight-percent,    results of the
                               or as an option for   performance testing
                               nonflare combustion   or design
                               devices to an         evaluation
                               exhaust               specified in Table
                               concentration of      5 to this subpart,
                               <=20 ppmv.            item 1.a or 1.b,
                                                     respectively, are
                                                     reduced by at least
                                                     98 weight-percent
                                                     or as an option for
                                                     nonflare combustion
                                                     devices to an
                                                     exhaust
                                                     concentration of
                                                     <=20 ppmv.
------------------------------------------------------------------------


[85 FR 40780, July 7, 2020]



 Sec. Table 7 to Subpart EEEE of Part 63--Initial Compliance with Work 
                           Practice Standards

------------------------------------------------------------------------
                                                          You have
       For each . . .             If you . . .      demonstrated initial
                                                     compliance if . . .
------------------------------------------------------------------------
1. Storage tank at an         a. Install a          i. After emptying
 existing affected source      floating roof or      and degassing, you
 meeting either set of tank    equivalent control    visually inspect
 capacity and liquid organic   that meets the        each internal
 HAP vapor pressure criteria   requirements in       floating roof
 specified in Table 2 to       Table 4 to this       before the
 this subpart, items 1 or 2,   subpart, item 1.a.    refilling of the
 or Table 2b to this                                 storage tank and
 subpart, items 1 through 3.                         perform seal gap
                                                     inspections of the
                                                     primary and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the refilling
                                                     of the storage
                                                     tank.
                              b. Route emissions    i. You meet the
                               to a fuel gas         requirements in
                               system or back to a   Sec. 63.984(b)
                               process.              and submit the
                                                     statement of
                                                     connection required
                                                     by Sec.
                                                     63.984(c).
                              c. Install and,       i. You meet the
                               during the filling    requirements in
                               of the storage tank   Sec.
                               with organic          63.2346(a)(4).
                               liquids, operate a
                               vapor balancing
                               system.
2. Storage tank at a          a. Install a          i. You visually
 reconstructed or new          floating roof or      inspect each
 affected source meeting any   equivalent control    internal floating
 set of tank capacity and      that meets the        roof before the
 liquid organic HAP vapor      requirements in       initial filling of
 pressure criteria specified   Table 4 to this       the storage tank
 in Table 2 to this subpart,   subpart, item 1.a.    and perform seal
 items 3 through 5.                                  gap inspections of
                                                     the primary and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the initial
                                                     filling of the
                                                     storage tank.
                              b. Route emissions    i. See item 1.b.i of
                               to a fuel gas         this table.
                               system or back to a
                               process.
                              c. Install and,       i. See item 1.c.i of
                               during the filling    this table.
                               of the storage tank
                               with organic
                               liquids, operate a
                               vapor balancing
                               system.

[[Page 412]]

 
3. Transfer rack that is      a. Load organic       i. You comply with
 subject to control based on   liquids only into     the provisions
 the criteria specified in     transport vehicles    specified in Table
 Table 2 to this subpart,      having current        4 to this subpart,
 items 7 through 10, at an     vapor tightness       item 5 or item 6,
 existing, reconstructed, or   certification as      as applicable.
 new affected source.          described in Table
                               4 to this subpart,
                               item 5 and item 6.
                              b. Install and,       i. You design and
                               during the loading    operate the vapor
                               of organic liquids,   balancing system to
                               operate a vapor       route organic HAP
                               balancing system.     vapors displaced
                                                     from loading of
                                                     organic liquids
                                                     into transport
                                                     vehicles to the
                                                     storage tank from
                                                     which the liquid
                                                     being loaded
                                                     originated or to
                                                     another storage
                                                     tank connected to a
                                                     common header.
                                                    ii. You design and
                                                     operate the vapor
                                                     balancing system to
                                                     route organic HAP
                                                     vapors displaced
                                                     from loading of
                                                     organic liquids
                                                     into containers
                                                     directly (e.g., no
                                                     intervening tank or
                                                     containment area
                                                     such as a room) to
                                                     the storage tank
                                                     from which the
                                                     liquid being loaded
                                                     originated or to
                                                     another storage
                                                     tank connected to a
                                                     common header.
                              c. Route emissions    i. See item 1.b.i of
                               to a fuel gas         this table.
                               system or back to a
                               process.
4. Equipment leak component,  a. Carry out a leak   i. You specify which
 as defined in Sec. detection and         one of the control
 63.2406, that operates in     repair program or     programs listed in
 organic liquids service =300 hours per year    according to one of   subpart you have
 at an existing,               the subparts listed   selected, OR
 reconstructed, or new         in Table 4 to this   ii. Provide written
 affected source.              subpart, item 4.      specifications for
                                                     your equivalent
                                                     control approach.
------------------------------------------------------------------------


[85 FR 40780, July 7, 2020]



  Sec. Table 8 to Subpart EEEE of Part 63--Continuous Compliance with 
                             Emission Limits

    As stated in Sec. Sec. 63.2378(a) and (b) and 63.2390(b), you must 
show continuous compliance with the emission limits for existing, 
reconstructed, or new affected sources according to the following table:

------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
       For each . . .         emission limit . . .   compliance by . . .
 
------------------------------------------------------------------------
1. Storage tank at an         a. Reduce total       i. Performing CMS
 existing, reconstructed, or   organic HAP (or,      monitoring and
 new affected source meeting   upon approval, TOC)   collecting data
 any set of tank capacity      emissions from the    according to Sec.
 and liquid organic HAP        closed vent system    Sec. 63.2366,
 vapor pressure criteria       and control device    63.2374, and
 specified in Table 2 to       by 95 weight-         63.2378, except as
 this subpart, items 1         percent or greater,   specified in item
 through 6 or Table 2b to      or as an option to    1.a.iii of this
 this subpart, items 1         20 ppmv or less of    table; AND
 through 3.                    total organic HAP    ii. Maintaining the
                               (or, upon approval,   operating limits
                               TOC) in the exhaust   established during
                               of combustion         the design
                               devices.              evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit.
                                                    iii. Beginning no
                                                     later than the
                                                     compliance dates
                                                     specified in Sec.
                                                     63.2342(e), if you
                                                     use a flare, you
                                                     must demonstrate
                                                     continuous
                                                     compliance by
                                                     performing CMS
                                                     monitoring and
                                                     collecting data
                                                     according to
                                                     requirements in
                                                     Sec. 63.2380.

[[Page 413]]

 
2. Transfer rack that is      a. Reduce total       i. Performing CMS
 subject to control based on   organic HAP (or,      monitoring and
 the criteria specified in     upon approval, TOC)   collecting data
 Table 2 to this subpart,      emissions during      according to Sec.
 items 7 through 10, at an     the loading of        Sec. 63.2366,
 existing, reconstructed, or   organic liquids       63.2374, and
 new affected source.          from the closed       63.2378 during the
                               vent system and       loading of organic
                               control device by     liquids, except as
                               98 weight-percent     specified in item
                               or greater, or as     2.a.iii of this
                               an option to 20       table; AND
                               ppmv or less of      ii. Maintaining the
                               total organic HAP     operating limits
                               (or, upon approval,   established during
                               TOC) in the exhaust   the design
                               of combustion         evaluation or
                               devices.              performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit
                                                     during the loading
                                                     of organic liquids.
                                                    iii. Beginning no
                                                     later than the
                                                     compliance dates
                                                     specified in Sec.
                                                     63.2342(e), if you
                                                     use a flare, you
                                                     must demonstrate
                                                     continuous
                                                     compliance by
                                                     performing CMS
                                                     monitoring and
                                                     collecting data
                                                     according to
                                                     requirements in
                                                     Sec. 63.2380.
------------------------------------------------------------------------


[85 FR 40781, July 7, 2020]



  Sec. Table 9 to Subpart EEEE of Part 63--Continuous Compliance with 
            Operating Limits--High Throughput Transfer Racks

    As stated in Sec. Sec. 63.2378(a) and (b) and 63.2390(b), you must 
show continuous compliance with the operating limits for existing, 
reconstructed, or new affected sources according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                         You must demonstrate
  For each existing, reconstructed, and     For the following operating limit . . .   continuous compliance by .
   each new affected source using . . .                                                          . .
----------------------------------------------------------------------------------------------------------------
1. A thermal oxidizer to comply with an    a. Maintain the daily average fire box    i. Continuously monitoring
 emission limit in Table 2 to this          or combustion zone, as applicable,        and recording fire box or
 subpart                                    temperature greater than or equal to      combustion zone, as
                                            the reference temperature established     applicable, temperature
                                            during the design evaluation or           every 15 minutes and
                                            performance test that demonstrated        maintaining the daily
                                            compliance with the emission limit        average fire box
                                                                                      temperature greater than
                                                                                      or equal to the reference
                                                                                      temperature established
                                                                                      during the design
                                                                                      evaluation or performance
                                                                                      test that demonstrated
                                                                                      compliance with the
                                                                                      emission limit; AND
                                                                                     ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
2. A catalytic oxidizer to comply with an  a. Replace the existing catalyst bed      i. Replacing the existing
 emission limit in Table 2 to this          before the age of the bed exceeds the     catalyst bed before the
 subpart                                    maximum allowable age established         age of the bed exceeds the
                                            during the design evaluation or           maximum allowable age
                                            performance test that demonstrated        established during the
                                            compliance with the emission limit; AND   design evaluation or
                                                                                      performance test that
                                                                                      demonstrated compliance
                                                                                      with the emission limit;
                                                                                      AND
                                                                                     ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
                                           b. Maintain the daily average             i. Continuously monitoring
                                            temperature at the inlet of the           and recording the
                                            catalyst bed greater than or equal to     temperature at the inlet
                                            the reference temperature established     of the catalyst bed at
                                            during the design evaluation or           least every 15 minutes and
                                            performance test that demonstrated        maintaining the daily
                                            compliance with the emission limit; AND   average temperature at the
                                                                                      inlet of the catalyst bed
                                                                                      greater than or equal to
                                                                                      the reference temperature
                                                                                      established during the
                                                                                      design evaluation or
                                                                                      performance test that
                                                                                      demonstrated compliance
                                                                                      with the emission limit;
                                                                                      AND
                                                                                     ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\

[[Page 414]]

 
                                           c. Maintain the daily average             i. Continuously monitoring
                                            temperature difference across the         and recording the
                                            catalyst bed greater than or equal to     temperature at the outlet
                                            the minimum temperature difference        of the catalyst bed every
                                            established during the design             15 minutes and maintaining
                                            evaluation or performance test that       the daily average
                                            demonstrated compliance with the          temperature difference
                                            emission limit                            across the catalyst bed
                                                                                      greater than or equal to
                                                                                      the minimum temperature
                                                                                      difference established
                                                                                      during the design
                                                                                      evaluation or performance
                                                                                      test that demonstrated
                                                                                      compliance with the
                                                                                      emission limit; AND
                                                                                     ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
3. An absorber to comply with an emission  a. Maintain the daily average             i. Continuously monitoring
 limit in Table 2 to this subpart           concentration level of organic            the organic concentration
                                            compounds in the absorber exhaust less    in the absorber exhaust
                                            than or equal to the reference            and maintaining the daily
                                            concentration established during the      average concentration less
                                            design evaluation or performance test     than or equal to the
                                            that demonstrated compliance with the     reference concentration
                                            emission limit; OR                        established during the
                                                                                      design evaluation or
                                                                                      performance test that
                                                                                      demonstrated compliance
                                                                                      with the emission limit;
                                                                                      AND
                                                                                     ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
                                           b. Maintain the daily average scrubbing   i. Continuously monitoring
                                            liquid temperature less than or equal     the scrubbing liquid
                                            to the reference temperature              temperature and
                                            established during the design             maintaining the daily
                                            evaluation or performance test that       average temperature less
                                            demonstrated compliance with the          than or equal to the
                                            emission limit; AND                       reference temperature
                                           Maintain the difference between the        established during the
                                            specific gravities of the saturated and   design evaluation or
                                            fresh scrubbing fluids greater than or    performance test that
                                            equal to the difference established       demonstrated compliance
                                            during the design evaluation or           with the emission limit;
                                            performance test that demonstrated        AND
                                            compliance with the emission limit       ii. Maintaining the
                                                                                      difference between the
                                                                                      specific gravities greater
                                                                                      than or equal to the
                                                                                      difference established
                                                                                      during the design
                                                                                      evaluation or performance
                                                                                      test that demonstrated
                                                                                      compliance with the
                                                                                      emission limit; AND
                                                                                     iii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
4. A condenser to comply with an emission  a. Maintain the daily average             i. Continuously monitoring
 limit in Table 2 to this subpart           concentration level of organic            the organic concentration
                                            compounds at the exit of the condenser    at the condenser exit and
                                            less than or equal to the reference       maintaining the daily
                                            concentration established during the      average concentration less
                                            design evaluation or performance test     than or equal to the
                                            that demonstrated compliance with the     reference concentration
                                            emission limit; OR                        established during the
                                                                                      design evaluation or
                                                                                      performance test that
                                                                                      demonstrated compliance
                                                                                      with the emission limit;
                                                                                      AND
                                                                                     ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
                                           b. Maintain the daily average condenser   i. Continuously monitoring
                                            exit temperature less than or equal to    and recording the
                                            the reference temperature established     temperature at the exit of
                                            during the design evaluation or           the condenser at least
                                            performance test that demonstrated        every 15 minutes and
                                            compliance with the emission limit        maintaining the daily
                                                                                      average temperature less
                                                                                      than or equal to the
                                                                                      reference temperature
                                                                                      established during the
                                                                                      design evaluation or
                                                                                      performance test that
                                                                                      demonstrated compliance
                                                                                      with the emission limit;
                                                                                      AND
                                                                                     ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
5. An adsorption system with adsorbent     a. Maintain the daily average             i. Continuously monitoring
 regeneration to comply with an emission    concentration level of organic            the daily average organic
 limit in Table 2 to this subpart           compounds in the adsorber exhaust less    concentration in the
                                            than or equal to the reference            adsorber exhaust and
                                            concentration established during the      maintaining the
                                            design evaluation or performance test     concentration less than or
                                            that demonstrated compliance with the     equal to the reference
                                            emission limit; OR                        concentration established
                                                                                      during the design
                                                                                      evaluation or performance
                                                                                      test that demonstrated
                                                                                      compliance with the
                                                                                      emission limit; AND
                                                                                     ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\

[[Page 415]]

 
                                           b. Maintain the total regeneration        i. Maintaining the total
                                            stream mass flow during the adsorption    regeneration stream mass
                                            bed regeneration cycle greater than or    flow during the adsorption
                                            equal to the reference stream mass flow   bed regeneration cycle
                                            established during the design             greater than or equal to
                                            evaluation or performance test that       the reference stream mass
                                            demonstrated compliance with the          flow established during
                                            emission limit; AND                       the design evaluation or
                                           Before the adsorption cycle commences,     performance test that
                                            achieve and maintain the temperature of   demonstrated compliance
                                            the adsorption bed after regeneration     with the emission limit;
                                            less than or equal to the reference       AND
                                            temperature established during the       ii. Maintaining the
                                            design evaluation or performance test;    temperature of the
                                            AND                                       adsorption bed after
                                           Achieve greater than or equal to the       regeneration less than or
                                            pressure reduction during the             equal to the reference
                                            adsorption bed regeneration cycle         temperature established
                                            established during the design             during the design
                                            evaluation or performance test that       evaluation or performance
                                            demonstrated compliance with the          test that demonstrated
                                            emission limit                            compliance with the
                                                                                      emission limit; AND
                                                                                     iii. Achieving greater than
                                                                                      or equal to the pressure
                                                                                      reduction during the
                                                                                      regeneration cycle
                                                                                      established during the
                                                                                      design evaluation or
                                                                                      performance test that
                                                                                      demonstrated compliance
                                                                                      with the emission limit;
                                                                                      AND
                                                                                     iv. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
6. An adsorption system without adsorbent  a. Maintain the daily average             i. Continuously monitoring
 regeneration to comply with an emission    concentration level of organic            the organic concentration
 limit in Table 2 to this subpart           compounds in the adsorber exhaust less    in the adsorber exhaust
                                            than or equal to the reference            and maintaining the
                                            concentration established during the      concentration less than or
                                            design evaluation or performance test     equal to the reference
                                            that demonstrated compliance with the     concentration established
                                            emission limit; OR                        during the design
                                                                                      evaluation or performance
                                                                                      test that demonstrated
                                                                                      compliance with the
                                                                                      emission limit; AND
                                                                                     ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
                                           b. Replace the existing adsorbent in      i. Replacing the existing
                                            each segment of the bed before the age    adsorbent in each segment
                                            of the adsorbent exceeds the maximum      of the bed with an
                                            allowable age established during the      adsorbent that meets the
                                            design evaluation or performance test     replacement specifications
                                            that demonstrated compliance with the     established during the
                                            emission limit; AND                       design evaluation or
                                           Maintain the temperature of the            performance test before
                                            adsorption bed less than or equal to      the age of the adsorbent
                                            the reference temperature established     exceeds the maximum
                                            during the design evaluation or           allowable age established
                                            performance test that demonstrated        during the design
                                            compliance with the emission limit        evaluation or performance
                                                                                      test that demonstrated
                                                                                      compliance with the
                                                                                      emission limit; AND
                                                                                     ii. Maintaining the
                                                                                      temperature of the
                                                                                      adsorption bed less than
                                                                                      or equal to the reference
                                                                                      temperature established
                                                                                      during the design
                                                                                      evaluation or performance
                                                                                      test that demonstrated
                                                                                      compliance with the
                                                                                      emission limit; AND
                                                                                     iii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
7. A flare to comply with an emission      a. Except as specified in item 7.e of     i. Continuously operating a
 limit in Table 2 to this subpart           this table, maintain a pilot flame or     device that detects the
                                            flare flame in the flare at all times     presence of the pilot
                                            that vapors may be vented to the flare    flame or flare flame; AND
                                            (Sec. 63.11(b)(5)); AND                ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
                                           b. Except as specified in item 7.e of     i. Maintaining a flare
                                            this table, maintain a flare flame at     flame at all times that
                                            all times that vapors are being vented    vapors are being vented to
                                            to the flare (Sec. 63.11(b)(5)); AND    the flare; AND
                                                                                     ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
                                           c. Except as specified in item 7.e of     i. Operating the flare with
                                            this table, operate the flare with no     no visible emissions
                                            visible emissions, except for up to 5     exceeding the amount
                                            minutes in any 2 consecutive hours        allowed; AND
                                            (Sec. 63.11(b)(4)); AND EITHER         ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\

[[Page 416]]

 
                                           d.1. Except as specified in item 7.e of   i. Operating the flare
                                            this table, operate the flare with an     within the applicable exit
                                            exit velocity that is within the          velocity limits; AND
                                            applicable limits in Sec. 63.11(b)(7)  ii. Operating the flare
                                            and (8) and with a net heating value of   with the gas heating value
                                            the gas being combusted greater than      greater than the
                                            the applicable minimum value in Sec. applicable minimum value;
                                            63.11(b)(6)(ii); OR                       AND
                                                                                     iii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
                                           d.2. Except as specified in item 7.e of   i. Operating the flare
                                            this table, adhere to the requirements    within the applicable
                                            in Sec. 63.11(b)(6)(i)                  limits in 63.11(b)(6)(i);
                                                                                      AND
                                                                                     ii. Keeping the applicable
                                                                                      records required in Sec.
                                                                                      63.998.\1\
                                           e. Beginning no later than the            i. Operating the flare with
                                            compliance dates specified in Sec. the applicable limits in
                                            63.2342(e), comply with the               Sec. 63.2380; AND
                                            requirements in Sec. 63.2380 instead   ii. Keeping the applicable
                                            of the requirements in Sec. 63.11(b)    records required in Sec.
                                                                                      63.2390(h).
8. Another type of control device to       Submit a monitoring plan as specified in  Submitting a monitoring
 comply with an emission limit in Table 2   Sec. Sec. 63.995(c) and 63.2366(b)     plan and monitoring the
 to this subpart                            and monitor the control device in         control device according
                                            accordance with that plan                 to that plan.
----------------------------------------------------------------------------------------------------------------
\1\ Beginning no later than the compliance dates specified in Sec. 63.2342(e), the referenced provisions
  specified in Sec. 63.2346(l) do not apply.


[85 FR 40782, July 7, 2020]



  Sec. Table 10 to Subpart EEEE of Part 63--Continuous Compliance with 
                         Work Practice Standards

    As stated in Sec. Sec. 63.2378(a) and (b) and 63.2386(c)(6), you 
must show continuous compliance with the work practice standards for 
existing, reconstructed, or new affected sources according to the 
following table:

----------------------------------------------------------------------------------------------------------------
                                                                                         You must demonstrate
              For each . . .                   For the following standard . . .       continuous compliance by .
                                                                                                 . .
----------------------------------------------------------------------------------------------------------------
1. Internal floating roof (IFR) storage    a. Install a floating roof designed and   i. Visually inspecting the
 tank at an existing, reconstructed, or     operated according to the applicable      floating roof deck, deck
 new affected source meeting any set of     specifications in Sec. 63.1063(a) and   fittings, and rim seals of
 tank capacity, and vapor pressure          (b)                                       each IFR once per year
 criteria specified in Table 2 to this                                                (Sec. 63.1063(d)(2));
 subpart, items 1 through 5, or Table 2b                                              AND
 to this subpart, items 1 through 3                                                  ii. Visually inspecting the
                                                                                      floating roof deck, deck
                                                                                      fittings, and rim seals of
                                                                                      each IFR either each time
                                                                                      the storage tank is
                                                                                      completely emptied and
                                                                                      degassed or every 10
                                                                                      years, whichever occurs
                                                                                      first (Sec.
                                                                                      63.1063(c)(1), (d)(1), and
                                                                                      (e)); AND
                                                                                     iii. Keeping the tank
                                                                                      records required in Sec.
                                                                                      63.1065.
2. External floating roof (EFR) storage    a. Install a floating roof designed and   i. Visually inspecting the
 tank at an existing, reconstructed, or     operated according to the applicable      floating roof deck, deck
 new affected source meeting any set of     specifications in Sec. 63.1063(a) and   fittings, and rim seals of
 tank capacity and vapor pressure           (b)                                       each EFR either each time
 criteria specified in Table 2 to this                                                the storage tank is
 subpart, items 1 through 5, or Table 2b                                              completely emptied and
 to this subpart, items 1 through 3                                                   degassed or every 10
                                                                                      years, whichever occurs
                                                                                      first (Sec.
                                                                                      63.1063(c)(2), (d), and
                                                                                      (e)); AND
                                                                                     ii. Performing seal gap
                                                                                      measurements on the
                                                                                      secondary seal of each EFR
                                                                                      at least once every year,
                                                                                      and on the primary seal of
                                                                                      each EFR at least every 5
                                                                                      years (Sec.
                                                                                      63.1063(c)(2), (d), and
                                                                                      (e)); AND
                                                                                     iii. Keeping the tank
                                                                                      records required in Sec.
                                                                                      63.1065.

[[Page 417]]

 
3. IFR or EFR tank at an existing,         a. Repair the conditions causing storage  i. Repairing conditions
 reconstructed, or new affected source      tank inspection failures (Sec. causing inspection
 meeting any set of tank capacity and       63.1063(e))                               failures: Before refilling
 vapor pressure criteria specified in                                                 the storage tank with
 Table 2 to this subpart, items 1 through                                             organic liquid, or within
 5, or Table 2b to this subpart, items 1                                              45 days (or up to 105 days
 through 3                                                                            with extensions) for a
                                                                                      tank containing organic
                                                                                      liquid; AND
                                                                                     ii. Keeping the tank
                                                                                      records required in Sec.
                                                                                      63.1065(b).
4. Transfer rack that is subject to        a. Ensure that organic liquids are        i. Ensuring that organic
 control based on the criteria specified    loaded into transport vehicles in         liquids are loaded into
 in Table 2 to this subpart, items 7        accordance with the requirements in       transport vehicles in
 through 10, at an existing,                Table 4 to this subpart, items 5 or 6,    accordance with the
 reconstructed, or new affected source      as applicable                             requirements in Table 4 to
                                                                                      this subpart, items 5 or
                                                                                      6, as applicable.
                                           b. Install and, during the loading of     i. Monitoring each
                                            organic liquids, operate a vapor          potential source of vapor
                                            balancing system                          leakage in the system
                                                                                      quarterly during the
                                                                                      loading of a transport
                                                                                      vehicle or the filling of
                                                                                      a container using the
                                                                                      methods and procedures
                                                                                      described in the rule
                                                                                      requirements selected for
                                                                                      the work practice standard
                                                                                      for equipment leak
                                                                                      components as specified in
                                                                                      Table 4 to this subpart,
                                                                                      item 4. An instrument
                                                                                      reading of 500 ppmv
                                                                                      defines a leak. Repair of
                                                                                      leaks is performed
                                                                                      according to the repair
                                                                                      requirements specified in
                                                                                      your selected equipment
                                                                                      leak standards
                                           c. Route emissions to a fuel gas system   i. Continuing to meet the
                                            or back to a process                      requirements specified in
                                                                                      Sec. 63.984(b)
5. Equipment leak component, as defined    a. Comply with Sec. 63.2346(l) and the  i. Carrying out a leak
 in Sec. 63.2406, that operates in        requirements of 40 CFR part 63, subpart   detection and repair
 organic liquids service at least 300       TT, UU, or H                              program in accordance with
 hours per year                                                                       the subpart selected from
                                                                                      the list in item 5.a of
                                                                                      this table
6. Storage tank at an existing,            a. Route emissions to a fuel gas system   i. Continuing to meet the
 reconstructed, or new affected source      or back to the process                    requirements specified in
 meeting any of the tank capacity and                                                 Sec. 63.984(b)
 vapor pressure criteria specified in
 Table 2 to this subpart, items 1 through
 6, or Table 2b to this subpart, items 1
 through 3
                                           b. Install and, during the filling of     i. Except for pressure
                                            the storage tank with organic liquids,    relief devices, monitoring
                                            operate a vapor balancing system          each potential source of
                                                                                      vapor leakage in the
                                                                                      system, including, but not
                                                                                      limited to pumps, valves,
                                                                                      and sampling connections,
                                                                                      quarterly during the
                                                                                      loading of a storage tank
                                                                                      using the methods and
                                                                                      procedures described in
                                                                                      the rule requirements
                                                                                      selected for the work
                                                                                      practice standard for
                                                                                      equipment leak components
                                                                                      as specified in Table 4 to
                                                                                      this subpart, item 4. An
                                                                                      instrument reading of 500
                                                                                      ppmv defines a leak.
                                                                                      Repair of leaks is
                                                                                      performed according to the
                                                                                      repair requirements
                                                                                      specified in your selected
                                                                                      equipment leak standards.
                                                                                      For pressure relief
                                                                                      devices, comply with Sec.
                                                                                       63.2346(a)(4)(v). If no
                                                                                      loading of a storage tank
                                                                                      occurs during a quarter,
                                                                                      then monitoring of the
                                                                                      vapor balancing system is
                                                                                      not required
----------------------------------------------------------------------------------------------------------------


[85 FR 40784, July 7, 2020]



   Sec. Table 11 to Subpart EEEE of Part 63--Requirements for Reports

    As stated in Sec. 63.2386(a), (b), and (f), you must submit 
compliance reports and startup, shutdown, and malfunction reports 
according to the following table:

[[Page 418]]



------------------------------------------------------------------------
                                 The report must     You must submit the
 You must submit a(n) . . .       contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report or       a. The information    Semiannually, and it
 Periodic Report.              specified in Sec. must be postmarked
                               63.2386(c), (d),      or electronically
                               (e). If you had a     submitted by
                               SSM during the        January 31 or July
                               reporting period      31, in accordance
                               and you took          with Sec.
                               actions consistent    63.2386(b).
                               with your SSM plan,
                               the report must
                               also include the
                               information in Sec.
                                 63.10(d)(5)(i)
                               except as specified
                               in item 1.e of this
                               table; AND.
                              b. The information    See the submission
                               required by 40 CFR    requirement in item
                               part 63, subpart      1.a of this table.
                               TT, UU, or H, as
                               applicable, for
                               pumps, valves, and
                               sampling
                               connections; AND.
                              c. The information    See the submission
                               required by Sec. requirement in item
                               63.999(c); AND.       1.a of this table.
                              d. The information    See the submission
                               specified in Sec. requirement in item
                               63.1066(b)            1.a of this table.
                               including:
                               Notification of
                               inspection,
                               inspection results,
                               requests for
                               alternate devices,
                               and requests for
                               extensions, as
                               applicable.
                              e. Beginning no
                               later than the
                               compliance dates
                               specified in Sec.
                               63.2342(e), the
                               requirement to
                               include the
                               information in Sec.
                                 63.10(d)(5)(i) no
                               longer applies..
2. Immediate SSM report if    a. The information    i. Except as
 you had a SSM that resulted   required in Sec. specified in item
 in an applicable emission     63.10(d)(5)(ii).      2.a.ii of this
 standard in the relevant                            table, by letter
 standard being exceeded,                            within 7 working
 and you took an action that                         days after the end
 was not consistent with                             of the event unless
 your SSM plan.                                      you have made
                                                     alternative
                                                     arrangements with
                                                     the permitting
                                                     authority (Sec.
                                                     63.10(d)(5)(ii)).
                                                    ii. Beginning no
                                                     later than the
                                                     compliance dates
                                                     specified in Sec.
                                                     63.2342(e), item
                                                     2.a.i of this table
                                                     no longer applies.
------------------------------------------------------------------------


[85 FR 40786, July 7, 2020]



   Sec. Table 12 to Subpart EEEE of Part 63--Applicability of General 
                       Provisions to Subpart EEEE

    As stated in Sec. Sec. 63.2382 and 63.2398, you must comply with 
the applicable General Provisions requirements as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
              Citation                       Subject              Brief description                EEEE
----------------------------------------------------------------------------------------------------------------
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               Units and abbreviations for  Yes.
                                      Abbreviations.          part 63 standards.
Sec. 63.4........................  Prohibited Activities   Prohibited activities;       Yes.
                                      and Circumvention.      Circumvention,
                                                              Severability.
Sec. 63.5........................  Construction/           Applicability;               Yes.
                                      Reconstruction.         Applications; Approvals.
Sec. 63.6(a).....................  Compliance with         GP apply unless compliance   Yes.
                                      Standards/O&M           extension; GP apply to
                                      Applicability.          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 CAA 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    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.

[[Page 419]]

 
Sec. 63.6(c)(1)-(2)..............  Compliance Dates for    Comply according to date in  Yes.
                                      Existing Sources.       this subpart, 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]............
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 this
                                                              subpart or by equivalent
                                                              time period (e.g., 3
                                                              years).
Sec. 63.6(d).....................  [Reserved]............
Sec. 63.6(e)(1)(i)...............  Operation and           Operate to minimize          Yes, before July 7,
                                      Maintenance.            emissions at all times.      2023.
                                                                                          No, beginning on and
                                                                                           after July 7, 2023.
                                                                                           See Sec. 63.2350(d)
                                                                                           for general duty
                                                                                           requirement.
Sec. 63.6(e)(1)(ii)..............  Operation and           Correct malfunctions as      Yes, before July 7,
                                      Maintenance.            soon as practicable.         2023.
                                                                                          No, beginning on and
                                                                                           after July 7, 2023.
Sec. 63.6(e)(1)(iii).............  Operation and           Operation and maintenance    Yes.
                                      Maintenance.            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)..................  SSM Plan..............  Requirement for SSM plan;    Yes, before July 7,
                                                              content of SSM plan;         2023; however, (1)
                                                              actions during SSM.          the 2-day reporting
                                                                                           requirement in
                                                                                           paragraph Sec.
                                                                                           63.6(e)(3)(iv) does
                                                                                           not apply and (2)
                                                                                           Sec. 63.6(e)(3)
                                                                                           does not apply to
                                                                                           emissions sources not
                                                                                           requiring control.
                                                                                          No, beginning on and
                                                                                           after July 7, 2023.
Sec. 63.6(f)(1)..................  Compliance Except       You must comply with         Yes, before July 7,
                                      During SSM.             emission standards at all    2023.
                                                              times except during SSM.    No, beginning on and
                                                                                           after July 7, 2023.
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)(1)-(3)..............  Alternative Standard..  Procedures for getting an    Yes.
                                                              alternative standard.
Sec. 63.6(h)(1)..................  Opacity/Visible         You must comply with         Yes, before July 7,
                                      Emission Standards.     opacity and visible          2023.
                                                              emission standards at all   No, beginning on and
                                                              times except during SSM.     after July 7, 2023.
Sec. 63.6(h)(2)-(9)..............  Opacity/Visible         Requirements for compliance  No; except as it
                                      Emission Standards.     with opacity and visible     applies to flares for
                                                              emission standards.          which Method 22
                                                                                           observations are
                                                                                           required as part of a
                                                                                           flare compliance
                                                                                           assessment.
Sec. 63.6(i)(1)-(14).............  Compliance Extension..  Procedures and criteria for  Yes.
                                                              Administrator to grant
                                                              compliance extension.
Sec. 63.6(j).....................  Presidential            President may exempt any     Yes.
                                      Compliance Exemption.   source from requirement to
                                                              comply with this subpart.
Sec. 63.7(a)(2)..................  Performance Test Dates  Dates for conducting         Yes.
                                                              initial performance
                                                              testing; must conduct 180
                                                              days after compliance date.
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         Must notify Administrator    Yes.
                                      Performance Test.       60 days before the test.
Sec. 63.7(b)(2)..................  Notification of         If you have to reschedule    Yes.
                                      Rescheduling.           performance test, must
                                                              notify Administrator of
                                                              rescheduled date as soon
                                                              as practicable and without
                                                              delay.

[[Page 420]]

 
Sec. 63.7(c).....................  Quality Assurance (QA)/ Requirement to submit site-  Yes.
                                      Test 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    Yes, before July 7,
                                      Conducting              conducted under              2023.
                                      Performance Tests.      representative conditions;  No, beginning on and
                                                              cannot conduct performance   after July 7, 2023.
                                                              tests during SSM.            See Sec.
                                                                                           63.2354(b)(6).
Sec. 63.7(e)(2)..................  Conditions for          Must conduct according to    Yes.
                                      Conducting              this subpart and EPA test
                                      Performance Tests.      methods unless
                                                              Administrator approves
                                                              alternative.
Sec. 63.7(e)(3)..................  Test Run Duration.....  Must have three test runs    Yes; however, for
                                                              of at least 1 hour each;     transfer racks per
                                                              compliance is based on       Sec. Sec.
                                                              arithmetic mean of three     63.987(b)(3)(i)(A)-(B
                                                              runs; conditions when data   ) and
                                                              from an additional test      63.997(e)(1)(v)(A)-(B
                                                              run can be used.             ) provide exceptions
                                                                                           to the requirement
                                                                                           for test runs to be
                                                                                           at least 1 hour each.
Sec. 63.7(e)(4)..................  Authority to Require    Administrator has authority  Yes.
                                      Testing.                to require testing under
                                                              CAA section 114 regardless
                                                              of Sec. 63.7 (e)(1)-(3).
Sec. 63.7(f).....................  Alternative Test        Procedures by which          Yes.
                                      Method.                 Administrator can grant
                                                              approval to use an
                                                              intermediate or major
                                                              change, or alternative to
                                                              a test method.
Sec. 63.7(g).....................  Performance Test Data   Must include raw data in     Yes, except this
                                      Analysis.               performance test report;     subpart specifies how
                                                              must submit performance      and when the
                                                              test data 60 days after      performance test and
                                                              end of test with the         performance
                                                              Notification of Compliance   evaluation results
                                                              Status; keep data for 5      are reported.
                                                              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 40 CFR
                                                              part 60 apply.
Sec. 63.8(a)(3)..................  [Reserved]............
Sec. 63.8(a)(4)..................  Monitoring of Flares..  Monitoring requirements for  Yes, before July 7,
                                                              flares in Sec. 63.11.      2023; however, flare
                                                                                           monitoring
                                                                                           requirements in Sec.
                                                                                            63.987(c) also apply
                                                                                           before July 7, 2023.
                                                                                          No, beginning on and
                                                                                           after July 7, 2023.
                                                                                           See Sec. 63.2380.
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 affected source or
                                                              after combined with
                                                              another affected source
                                                              before it is released to
                                                              the atmosphere provided
                                                              the monitoring is
                                                              sufficient to demonstrate
                                                              compliance with the
                                                              standard; 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)..................  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)...............  Routine and             Keep parts for routine       Yes, before July 7,
                                      Predictable SSM.        repairs readily available;   2023.
                                                              reporting requirements for  No, beginning on and
                                                              SSM when action is           after July 7, 2023.
                                                              described in SSM plan.
Sec. 63.8(c)(1)(ii)..............  CMS malfunction not in  Keep the necessary parts     Yes.
                                      SSM plan.               for routine repairs if CMS
                                                              malfunctions.

[[Page 421]]

 
Sec. 63.8(c)(1)(iii).............  Compliance with         Develop a written SSM plan   Yes, before July 7,
                                      Operation and           for CMS.                     2023.
                                      Maintenance                                         No, beginning on and
                                      Requirements.                                        after July 7, 2023.
Sec. 63.8(c)(2)-(3)..............  Monitoring System       Must install to get          Yes.
                                      Installation.           representative emission or
                                                              parameter measurements;
                                                              must verify operational
                                                              status before or at
                                                              performance test.
Sec. 63.8(c)(4)..................  CMS Requirements......  CMS must be operating        Yes; however, COMS are
                                                              except during breakdown,     not applicable.
                                                              out-of-control, repair,
                                                              maintenance, and high-
                                                              level calibration drifts;
                                                              COMS must have a minimum
                                                              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; CEMS must have a
                                                              minimum of one cycle of
                                                              operation for each
                                                              successive 15-minute
                                                              period.
Sec. 63.8(c)(5)..................  COMS Minimum            COMS minimum procedures....  No.
                                      Procedures.
Sec. 63.8(c)(6)-(8)..............  CMS Requirements......  Zero and high level          Yes, but only applies
                                                              calibration check            for CEMS. Subpart SS
                                                              requirements. Out-of-        of this part provides
                                                              control periods.             requirements for
                                                                                           CPMS.
Sec. 63.8(d)(1)-(2)..............  CMS Quality Control...  Requirements for CMS         Yes, but only applies
                                                              quality control.             for CEMS. Subpart SS
                                                                                           of this part provides
                                                                                           requirements for
                                                                                           CPMS.
Sec. 63.8(d)(3)..................  CMS Quality Control...  Must keep quality control    Yes, before July 7,
                                                              plan on record for 5         2023, but only
                                                              years; keep old versions.    applies for CEMS.
                                                                                           Subpart SS of this
                                                                                           part provides
                                                                                           requirements for
                                                                                           CPMS.
                                                                                          No, beginning on and
                                                                                           after July 7, 2023.
                                                                                           See Sec.
                                                                                           63.2366(c).
Sec. 63.8(e).....................  CMS Performance         Notification, performance    Yes, but only applies
                                      Evaluation.             evaluation test plan,        for CEMS, except this
                                                              reports.                     subpart specifies how
                                                                                           and when the
                                                                                           performance
                                                                                           evaluation results
                                                                                           are reported.
Sec. 63.8(f)(1)-(5)..............  Alternative Monitoring  Procedures for               Yes, but subpart SS of
                                      Method.                 Administrator to approve     this part also
                                                              alternative monitoring.      provides procedures
                                                                                           for approval of CPMS.
Sec. 63.8(f)(6)..................  Alternative to          Procedures for               Yes.
                                      Relative Accuracy       Administrator to approve
                                      Test.                   alternative relative
                                                              accuracy tests for CEMS.
Sec. 63.8(g).....................  Data Reduction........  COMS 6-minute averages       Yes; however, COMS are
                                                              calculated over at least     not applicable.
                                                              36 evenly spaced data
                                                              points; CEMS 1 hour
                                                              averages computed over at
                                                              least four equally spaced
                                                              data points; data that
                                                              cannot be used in average.
Sec. 63.9(a).....................  Notification            Applicability and State      Yes.
                                      Requirements.           delegation.
Sec. 63.9(b)(1)-(2), (4)-(5).....  Initial Notifications.  Submit notification within   Yes.
                                                              120 days after effective
                                                              date; notification of
                                                              intent to construct/
                                                              reconstruct, notification
                                                              of commencement of
                                                              construction/
                                                              reconstruction,
                                                              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 best available
                                                              control technology or
                                                              lowest achievable emission
                                                              rate (BACT/LAER).
Sec. 63.9(d).....................  Notification of         For sources that commence    Yes.
                                      Special Compliance      construction between
                                      Requirements for New    proposal and promulgation
                                      Sources.                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.

[[Page 422]]

 
Sec. 63.9(g).....................  Additional              Notification of performance  Yes; however, there
                                      Notifications When      evaluation; notification     are no opacity
                                      Using CMS.              about use of COMS data;      standards.
                                                              notification that exceeded
                                                              criterion for relative
                                                              accuracy alternative.
Sec. 63.9(h)(1)-(6)..............  Notification of         Contents due 60 days after   Yes; however, (1)
                                      Compliance Status.      end of performance test or   there are no opacity
                                                              other compliance             standards and (2) all
                                                              demonstration, except for    initial Notification
                                                              opacity/visible emissions,   of Compliance Status,
                                                              which are due 30 days        including all
                                                              after; when to submit to     performance test
                                                              federal vs. state            data, are to be
                                                              authority.                   submitted at the same
                                                                                           time, either within
                                                                                           240 days after the
                                                                                           compliance date or
                                                                                           within 60 days after
                                                                                           the last performance
                                                                                           test demonstrating
                                                                                           compliance has been
                                                                                           completed, whichever
                                                                                           occurs first.
Sec. 63.9(i).....................  Adjustment of           Procedures for               Yes.
                                      Submittal Deadlines.    Administrator to approve
                                                              change in when
                                                              notifications must be
                                                              submitted.
Sec. 63.9(j).....................  Change in Previous      Must submit within 15 days   Yes for change to
                                      Information.            after the change.            major source status,
                                                                                           other changes are
                                                                                           reported in the first
                                                                                           and subsequent
                                                                                           compliance reports.
Sec. 63.9(k).....................  Electronic reporting    Procedure to report          Yes, only as specified
                                      procedures.             electronically for           in Sec. 63.9(j).
                                                              notification in Sec.
                                                              63.9(j).
Sec. 63.10(a)....................  Recordkeeping/          Applies to all, unless       Yes.
                                      Reporting.              compliance extension; when
                                                              to submit to federal vs.
                                                              state authority;
                                                              procedures for owners of
                                                              more than one source.
Sec. 63.10(b)(1).................  Recordkeeping/          General requirements; keep   Yes.
                                      Reporting.              all records readily
                                                              available; keep for 5
                                                              years.
Sec. 63.10(b)(2)(i)..............  Records Related to      Occurrence of each for       Yes, July 7, 2023.
                                      Startup and Shutdown.   operations (process         No, beginning on and
                                                              equipment).                  after July 7, 2023.
Sec. 63.10(b)(2)(ii).............  Recordkeeping Relevant  Occurrence of each           Yes, before July 7,
                                      to Malfunction          malfunction of air           2023.
                                      Periods and CMS.        pollution equipment.        No, beginning on and
                                                                                           after July 7, 2023.
                                                                                           See Sec.
                                                                                           63.2390(f).
Sec. 63.10(b)(2)(iii)............  Recordkeeping Relevant  Maintenance on air           Yes.
                                      to Maintenance of Air   pollution control
                                      Pollution Control and   equipment.
                                      Monitoring Equipment.
Sec. 63.10(b)(2)(iv).............  Recordkeeping Relevant  Actions during SSM.........  Yes, before July 7,
                                      to SSM Periods and                                   2023.
                                      CMS.                                                No, beginning on and
                                                                                           after July 7, 2023.
Sec. 63.10(b)(2)(v)..............  Recordkeeping Relevant  Actions during SSM.........  No.
                                      to SSM Periods and
                                      CMS.
Sec. 63.10(b)(2)(vi)-(xi)........  CMS Records...........  Malfunctions, inoperative,   Yes.
                                                              out-of-control periods.
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)-(14)............  Records...............  Additional records for CMS.  Yes.
Sec. 63.10(c)(15)................  Records...............  Additional records for CMS.  Yes, before July 7,
                                                                                           2023.
                                                                                          No, beginning on and
                                                                                           after July 7, 2023.
Sec. 63.10(d)(1).................  General Reporting       Requirement to report......  Yes.
                                      Requirements.

[[Page 423]]

 
Sec. 63.10(d)(2).................  Report of Performance   When to submit to federal    No. This subpart
                                      Test Results.           or state authority.          specifies how and
                                                                                           when the performance
                                                                                           test results are
                                                                                           reported.
Sec. 63.10(d)(3).................  Reporting Opacity or    What to report and when....  Yes.
                                      Visible Emissions
                                      Observations.
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 submission....  Yes, before July 7,
                                                                                           2023.
                                                                                          No, beginning on and
                                                                                           after July 7, 2023.
                                                                                           See Sec.
                                                                                           63.2386(d)(1)(xiii).
Sec. 63.10(e)(1)-(2).............  Additional CMS Reports  Must report results for      Yes, except this
                                                              each CEMS on a unit;         subpart specifies how
                                                              written copy of CMS          and when the
                                                              performance evaluation;      performance
                                                              two-three copies of COMS     evaluation results
                                                              performance evaluation.      are reported;
                                                                                           however, COMS are not
                                                                                           applicable.
Sec. 63.10(e)(3)(i)-(iii)........  Reports...............  Schedule for reporting       Yes; however, note
                                                              excess emissions and         that the title of the
                                                              parameter monitor            report is the
                                                              exceedance (now defined as   compliance report;
                                                              deviations).                 deviations include
                                                                                           excess emissions and
                                                                                           parameter
                                                                                           exceedances.
Sec. 63.10(e)(3)(iv)-(v).........  Excess Emissions        Requirement to revert to     Yes.
                                      Reports.                quarterly submission if
                                                              there is an excess
                                                              emissions or parameter
                                                              monitoring exceedance (now
                                                              defined as deviations);
                                                              provision to request
                                                              semiannual reporting after
                                                              compliance for 1 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 in a
                                                              statement that there have
                                                              been no deviations; must
                                                              submit report containing
                                                              all of the information in
                                                              Sec. Sec. 63.8(c)(7)-
                                                              (8) and 63.10(c)(5)-(13).
Sec. 63.10(e)(3)(vi)-(viii)......  Excess Emissions        Requirements for reporting   No. This subpart
                                      Report and Summary      excess emissions for CMS     specifies the
                                      Report.                 (now called deviations);     reported information
                                                              requires all of the          for deviations within
                                                              information in Sec. Sec. the compliance
                                                               63.10(c)(5)-(13) and        reports.
                                                              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(b)....................  Flares................  Requirements for flares....  Yes, before July 7,
                                                                                           2023; Sec. 63.987
                                                                                           requirements apply,
                                                                                           and the section
                                                                                           references Sec.
                                                                                           63.11(b).
                                                                                          No, beginning on and
                                                                                           after July 7, 2023.
                                                                                           See Sec. 63.2380.
Sec. 63.11(c), (d), and (e)......  Control and work        Alternative work practice    Yes.
                                      practice requirements.  for equipment leaks.
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        Test methods incorporated    Yes.
                                      Reference.              by reference.
Sec. 63.15.......................  Availability of         Public and confidential      Yes.
                                      Information.            information.
----------------------------------------------------------------------------------------------------------------


[85 FR 40786, July 7, 2020, as amended at 85 FR 73903, Nov. 19, 2020]

[[Page 424]]



 Subpart FFFF_National Emission Standards for Hazardous Air Pollutants: 
              Miscellaneous Organic Chemical Manufacturing

    Source: 68 FR 63888, Nov. 10, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.2430  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for miscellaneous organic chemical 
manufacturing. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with the emission limits, operating 
limits, and work practice standards.



Sec. 63.2435  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 organic chemical manufacturing process units 
(MCPU) that 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).
    (b) An MCPU includes equipment necessary to operate a miscellaneous 
organic chemical manufacturing process, as defined in Sec. 63.2550, 
that satisfies all of the conditions specified in paragraphs (b)(1) 
through (3) of this section. An MCPU also includes any assigned storage 
tanks and transfer racks; equipment in open systems that is used to 
convey or store water having the same concentration and flow 
characteristics as wastewater; and components such as pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves, connectors, and 
instrumentation systems that are used to manufacture any material or 
family of materials described in paragraphs (b)(1)(i) through (v) of 
this section.
    (1) The MCPU produces material or family of materials that is 
described in paragraph (b)(1)(i), (ii), (iii), (iv), or (v) of this 
section.
    (i) An organic chemical(s) classified using the 1987 version of SIC 
code 282, 283, 284, 285, 286, 287, 289, or 386, except as provided in 
paragraph (c)(5) of this section.
    (ii) An organic chemical(s) classified using the 1997 version of 
NAICS code 325, except as provided in paragraph (c)(5) of this section.
    (iii) Quaternary ammonium compounds and ammonium sulfate produced 
with caprolactam.
    (iv) Hydrazine.
    (v) Organic solvents classified in any of the SIC or NAICS codes 
listed in paragraph (b)(1)(i) or (ii) of this section that are recovered 
using nondedicated solvent recovery operations.
    (2) The MCPU processes, uses, or generates any of the organic HAP 
listed in section 112(b) of the CAA or hydrogen halide and halogen HAP, 
as defined in Sec. 63.2550.
    (3) The MCPU is not an affected source or part of an affected source 
under another subpart of this part 63, except for process vents from 
batch operations within a chemical manufacturing process unit (CMPU), as 
identified in Sec. 63.100(j)(4). For this situation, the MCPU is the 
same as the CMPU as defined in Sec. 63.100, and you are subject only to 
the requirements for batch process vents in this subpart.
    (c) The requirements in this subpart do not apply to the operations 
specified in paragraphs (c)(1) through (7) of this section.
    (1) Research and development facilities, as defined in section 
112(c)(7) of the CAA.
    (2) The manufacture of ammonium sulfate as a by-product, if the 
slurry entering the by-product manufacturing process contains 50 parts 
per million by weight (ppmw) HAP or less or 10 ppmw benzene or less. You 
must retain information, data, and analysis to document the HAP 
concentration in the entering slurry in order to claim this exemption.
    (3) 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 
(NESHAP: Surface Coating of Miscellaneous Metal Parts and Products), and

[[Page 425]]

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 lines and 
coating line parts; handling and storage of coatings and solvent; and 
conveyance and treatment of wastewater.
    (4) Fabricating operations (such as spinning or compressing a solid 
polymer into its end use); compounding operations (in which blending, 
melting, and resolidification of a solid polymer product occur for the 
purpose of incorporating additives, colorants, or stabilizers); and 
extrusion and drawing operations (converting an already produced solid 
polymer into a different shape by melting or mixing the polymer and then 
forcing it or pulling it through an orifice to create an extruded 
product). An operation is not exempt if it involves processing with HAP 
solvent or if an intended purpose of the operation is to remove residual 
HAP monomer.
    (5) Production activities described using the 1997 version of NAICS 
codes 325131, 325181, 325188 (except the requirements do apply to 
hydrazine), 325314, 325991 (except the requirements do apply to 
reformulating plastics resins from recycled plastics products), and 
325992 (except the requirements do apply to photographic chemicals).
    (6) Tall oil recovery systems.
    (7) Carbon monoxide production.
    (d) If the predominant use of a transfer rack loading arm or storage 
tank (including storage tanks in series) is associated with a 
miscellaneous organic chemical manufacturing process, 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 MCPU for that miscellaneous organic chemical manufacturing process. 
If the predominant use cannot be determined, then you may assign the 
loading arm or storage tank to any MCPU that shares it and is subject to 
this subpart. If the use varies from year to year, then you must base 
the determination on the utilization that occurred during the year 
preceding November 10, 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. 63.2520(d). You must redetermine the primary use at least once 
every 5 years, or any time you implement emissions averaging or 
pollution prevention after the compliance date.
    (e) For nondedicated equipment used to create at least one MCPU, you 
may elect to develop process unit groups (PUG), determine the primary 
product of each PUG, and comply with the requirements of the subpart in 
40 CFR part 63 that applies to that primary product as specified in 
Sec. 63.2535(l).

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40331, July 14, 2006; 
85 FR 49132, Aug. 12, 2020]



Sec. 63.2440  What parts of my plant does this subpart cover?

    (a) This subpart applies to each miscellaneous organic chemical 
manufacturing affected source.
    (b) The miscellaneous organic chemical manufacturing affected source 
is the facilitywide collection of MCPU and heat exchange systems, 
wastewater, and waste management units that are associated with 
manufacturing materials described in Sec. 63.2435(b)(1).
    (c) A new affected source is described by either paragraph (c)(1) or 
(2) of this section.
    (1) Each affected source defined in paragraph (b) of this section 
for which you commenced construction or reconstruction after April 4, 
2002, and you meet the applicability criteria at the time you commenced 
construction or reconstruction.
    (2) Each dedicated MCPU that has the potential to emit 10 tons per 
year (tpy) of any one HAP or 25 tpy of combined HAP, and you commenced 
construction or reconstruction of the MCPU after April 4, 2002. For the 
purposes of this paragraph, an MCPU is an affected source in the 
definition of the term ``reconstruction'' in Sec. 63.2.
    (d) An MCPU that is also a CMPU under Sec. 63.100 is reconstructed 
for the purposes of this subpart if, and only if,

[[Page 426]]

the CMPU meets the requirements for reconstruction in Sec. 
63.100(l)(2).

                            Compliance Dates



Sec. 63.2445  When do I have to comply with this subpart?

    (a) Except as specified in paragraphs (g) through (i) 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 startup your new affected source before November 10, 
2003, then you must comply with the requirements for new sources in this 
subpart no later than November 10, 2003.
    (2) If you startup your new affected source after November 10, 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 paragraphs (g) through (i) of this 
section, if you have an existing source on November 10, 2003, you must 
comply with the requirements for existing sources in this subpart no 
later than May 10, 2008.
    (c) You must meet the notification requirements in Sec. 63.2515 
according to the dates specified in that section and in subpart A of 
this part 63. 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.
    (d) If you have a Group 2 emission point that becomes a Group 1 
emission point after the compliance date for your affected source, you 
must comply with the Group 1 requirements beginning on the date the 
switch occurs. An initial compliance demonstration as specified in this 
subpart must be conducted within 150 days after the switch occurs.
    (e) If, after the compliance date for your affected source, hydrogen 
halide and halogen HAP emissions from process vents in a process 
increase to more than 1,000 lb/yr, or HAP metals emissions from a 
process at a new affected source increase to more than 150 lb/yr, you 
must comply with the applicable emission limits specified in Table 3 to 
this subpart and the associated compliance requirements beginning on the 
date the emissions exceed the applicable threshold. An initial 
compliance demonstration as specified in this subpart must be conducted 
within 150 days after the switch occurs.
    (f) If you have a small control device for process vent or transfer 
rack emissions that becomes a large control device, as defined in Sec. 
63.2550(i), you must comply with monitoring and associated recordkeeping 
and reporting requirements for large control devices beginning on the 
date the switch occurs. An initial compliance demonstration as specified 
in this subpart must be conducted within 150 days after the switch 
occurs.
    (g) All affected sources that commenced construction or 
reconstruction on or before December 17, 2019, must be in compliance 
with the requirements listed in paragraphs (g)(1) through (7) of this 
section upon initial startup or on August 12, 2023, whichever is later. 
All affected sources that commenced construction or reconstruction after 
December 17, 2019, must be in compliance with the requirements listed in 
paragraphs (g)(1) through (7) of this section upon initial startup, or 
on August 12, 2020 whichever is later.
    (1) The general requirements specified in Sec. Sec. 63.2450(a)(2), 
(e)(4) through (7), (g)(6) and (7), (i)(3), (j)(5)(ii), (j)(6), 
(k)(1)(ii), (k)(7) and (8), (t), and (u), 63.2520(d)(3) and (e)(11) 
through (13), 63.2525(m) through (o), and 63.2535(m).
    (2) For process vents, the requirements specified in Sec. Sec. 
63.2450(v), 63.2520(e)(14), and 63.2525(p).
    (3) For storage tank degassing, the requirements specified in Sec. 
63.2470(f).
    (4) For equipment leaks and pressure relief devices, the 
requirements specified in Sec. Sec. 63.2480(e) and (f), 63.2520(d)(4) 
and (e)(14), and 63.2525(q).
    (5) For wastewater streams and liquid streams in open systems within 
an MCPU, the requirements specified in Sec. 63.2485(i)(2)(iii), 
(n)(2)(vii), (p), and (q).
    (6) For heat exchange systems, the requirements specified in 
Sec. Sec. 63.2490(d), 63.2520(e)(16), and 63.2525(r).
    (7) The other notification, reports, and records requirements 
specified in Sec. Sec. 63.2500(g), 63.2520(e)(5)(ii)(D) and 
(e)(5)(iii)(M) and (N), and 63.2525(l) and (u).

[[Page 427]]

    (h) All affected sources that commenced construction or 
reconstruction on or before December 17, 2019, must be in compliance 
with the requirements for pumps in light liquid service in Sec. 
63.2480(b)(6) and (c)(10) upon initial startup or on August 12, 2021, 
whichever is later. All affected sources that commenced construction or 
reconstruction after December 17, 2019, must be in compliance with the 
requirements for pumps in light liquid service in Sec. 63.2480(b)(6) 
and (c)(10) upon initial startup, or on August 12, 2020, whichever is 
later.
    (i) All affected sources that commenced construction or 
reconstruction on or before December 17, 2019, must be in compliance 
with the ethylene oxide requirements in Sec. Sec. 63.2450(h) and (r), 
63.2470(b) and (c)(4), 63.2492, 63.2493, 63.2520(d)(5) and (e)(17), and 
63.2525(s) and Table 1 to this subpart, item 5, Table 2 to this subpart, 
item 3, Table 4 to this subpart, item 3, and Table 6 to this subpart, 
item 3, upon initial startup or on August 12, 2022, whichever is later. 
All affected sources that commenced construction or reconstruction after 
December 17, 2019, must be in compliance with the ethylene oxide 
requirements listed in Sec. Sec. 63.2450(h) and (r), 63.2470(b) and 
(c)(4), 63.2492, 63.2493, 63.2520(d)(5) and (e)(17), and 63.2525(s) and 
Table 1 to this subpart, item 5, Table 2 to this subpart, item 3, Table 
4 to this subpart, item 3, and Table 6 to this subpart, item 3, upon 
initial startup, or on August 12, 2020, whichever is later.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 10442, Mar. 1, 2006; 71 
FR 40332, July 14, 2006; 85 FR 49132, Aug. 12, 2020]

  Emission Limits, Work Practice Standards, and Compliance Requirements



Sec. 63.2450  What are my general requirements for complying 
with this subpart?

    (a) General. 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 7 to this subpart at all times, except 
during periods of startup, shutdown, and malfunction (SSM), and you must 
meet the requirements specified in Sec. Sec. 63.2455 through 63.2490 
(or the alternative means of compliance in Sec. 63.2495, Sec. 63.2500, 
or Sec. 63.2505), except as specified in paragraphs (b) through (s) of 
this section. You must meet the notification, reporting, and 
recordkeeping requirements specified in Sec. Sec. 63.2515, 63.2520, and 
63.2525.
    (2) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), paragraph (a)(1) of this section no longer applies. Instead, 
you must be in compliance with the emission limits and work practice 
standards in Tables 1 through 7 to this subpart at all times, and you 
must meet the requirements specified in Sec. Sec. 63.2455 through 
63.2490 (or the alternative means of compliance in Sec. 63.2495, Sec. 
63.2500, or Sec. 63.2505), except as specified in paragraphs (b) 
through (v) of this section. You must meet the notification, reporting, 
and recordkeeping requirements specified in Sec. Sec. 63.2515, 63.2520, 
and 63.2525.
    (b) Determine halogenated vent streams. You must determine if an 
emission stream is a halogenated vent stream, as defined in Sec. 
63.2550, by calculating the mass emission rate of halogen atoms in 
accordance with Sec. 63.115(d)(2)(v). Alternatively, you may elect to 
designate the emission stream as halogenated.
    (c) Requirements for combined emission streams. When organic HAP 
emissions from different emission types (e.g., continuous process vents, 
batch process vents, storage tanks, transfer operations, and waste 
management units) are combined, you must comply with the requirements of 
either paragraph (c)(1) or (2) of this section.
    (1) Comply with the applicable requirements of this subpart for each 
kind of organic HAP emissions in the stream (e.g., the requirements of 
table 1 to this subpart for continuous process vents and the 
requirements of table 4 to this subpart for emissions from storage 
tanks).
    (2) Determine the applicable requirements based on the hierarchy 
presented in paragraphs (c)(2)(i) through (vi) of this section. For a 
combined stream, the applicable requirements are specified in the 
highest-listed paragraph in the hierarchy that applies to

[[Page 428]]

any of the individual streams that make up the combined stream. For 
example, if a combined stream consists of emissions from Group 1 batch 
process vents and any other type of emission stream, then you must 
comply with the requirements in paragraph (c)(2)(i) of this section for 
the combined stream; compliance with the requirements in paragraph 
(c)(2)(i) of this section constitutes compliance for the other emission 
streams in the combined stream. Two exceptions are that you must comply 
with the requirements in Table 3 to this subpart and Sec. 63.2465 for 
all process vents with hydrogen halide and halogen HAP emissions, and 
recordkeeping requirements for Group 2 applicability or compliance are 
still required (e.g., the requirement in Sec. 63.2525(e)(3) and (4) to 
track the number of batches produced and calculate rolling annual 
emissions for processes with Group 2 batch process vents).
    (i) The requirements of table 2 to this subpart and Sec. 63.2460 
for Group 1 batch process vents, including applicable monitoring, 
recordkeeping, and reporting.
    (ii) The requirements of table 1 to this subpart and Sec. 63.2455 
for continuous process vents that are routed to a control device, as 
defined in Sec. 63.981, including applicable monitoring, recordkeeping, 
and reporting.
    (iii) The requirements of table 5 to this subpart and Sec. 63.2475 
for transfer operations, including applicable monitoring, recordkeeping, 
and reporting.
    (iv) The requirements of table 7 to this subpart and Sec. 63.2485 
for emissions from waste management units that are used to manage and 
treat Group 1 wastewater streams and residuals from Group 1 wastewater 
streams, including applicable monitoring, recordkeeping, and reporting.
    (v) The requirements of table 4 to this subpart and Sec. 63.2470 
for control of emissions from storage tanks, including applicable 
monitoring, recordkeeping, and reporting.
    (vi) The requirements of table 1 to this subpart and Sec. 63.2455 
for continuous process vents after a recovery device including 
applicable monitoring, recordkeeping, and reporting.
    (d) [Reserved]
    (e) Requirements for control devices. (1) Except when complying with 
Sec. 63.2485, if you reduce organic HAP emissions by venting emissions 
through a closed-vent system to any combination of control devices 
(except a flare) or recovery devices, you must meet the requirements of 
paragraph (e)(4) of this section, and the requirements of Sec. 
63.982(c) and the requirements referenced therein.
    (2) Except as specified in paragraph (e)(5) of this section or 
except when complying with Sec. 63.2485, if you reduce organic HAP 
emissions by venting emissions through a closed-vent system to a flare, 
you must meet the requirements of paragraph (e)(4) of this section, and 
the requirements of Sec. 63.982(b) and the requirements referenced 
therein.
    (3) Except as specified in paragraphs (e)(3)(i) and (ii) of this 
section, if you use a halogen reduction device to reduce hydrogen halide 
and halogen HAP emissions from halogenated vent streams, you must meet 
the requirements of paragraph (e)(4) of this section, and the 
requirements of Sec. 63.994 and the requirements referenced therein. If 
you use a halogen reduction device before a combustion device, you must 
determine the halogen atom emission rate prior to the combustion device 
according to the procedures in Sec. 63.115(d)(2)(v).
    (i) Beginning on and after October 13, 2020, performance test 
reports must be submitted according to the procedures in Sec. 
63.2520(f).
    (ii) If you use a halogen reduction device other than a scrubber, 
then you must submit procedures for establishing monitoring parameters 
to the Administrator as part of your precompliance report as specified 
in Sec. 63.2520(c)(8).
    (4) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), the referenced provisions specified in paragraphs (e)(4)(i) 
through (xvi) of this section do not apply when demonstrating compliance 
with subpart SS of this part.
    (i) The phrase ``Except for equipment needed for safety purposes 
such as pressure relief devices, low leg drains, high point bleeds, 
analyzer vents, and open-

[[Page 429]]

ended valves or lines'' in Sec. 63.983(a)(3) of subpart SS.
    (ii) The second sentence of Sec. 63.983(a)(5) of subpart SS.
    (iii) The phrase ``except during periods of start-up, shutdown and 
malfunction as specified in the referencing subpart'' in Sec. 63.984(a) 
of subpart SS.
    (iv) The phrase ``except during periods of start-up, shutdown, and 
malfunction as specified in the referencing subpart'' in Sec. 63.985(a) 
of subpart SS.
    (v) The phrase ``other than start-ups, shutdowns, or malfunctions'' 
in Sec. 63.994(c)(1)(ii)(D) of subpart SS.
    (vi) Section 63.996(c)(2)(ii) of subpart SS.
    (vii) The last sentence of Sec. 63.997(e)(1)(i) of subpart SS.
    (viii) Section 63.998(b)(2)(iii) of subpart SS.
    (ix) The phrase ``other than start-ups, shutdowns or malfunctions'' 
in Sec. 63.998(b)(5)(i)(A) of subpart SS.
    (x) The phrase ``other than a start-up, shutdown, or malfunction'' 
from Sec. 63.998(b)(5)(i)(B)(3) of subpart SS.
    (xi) The phrase ``other than start-ups, shutdowns or malfunctions'' 
in Sec. 63.998(b)(5)(i)(C) of subpart SS.
    (xii) The phrase ``other than a start-up, shutdown, or malfunction'' 
from Sec. 63.998(b)(5)(ii)(C) of subpart SS.
    (xiii) The phrase ``except as provided in paragraphs (b)(6)(i)(A) 
and (B) of this section'' in Sec. 63.998(b)(6)(i) of subpart SS.
    (xiv) The second sentence of Sec. 63.998(b)(6)(ii) of subpart SS.
    (xv) Section 63.998(c)(1)(ii)(D), (E), (F), and (G) of subpart SS.
    (xvi) Section 63.998(d)(3) of subpart SS.
    (5) For any flare that is used to reduce organic HAP emissions from 
an MCPU, you may elect to comply with the requirements in this paragraph 
in lieu of the requirements of Sec. 63.982(b) and the requirements 
referenced therein. However, beginning no later than the compliance 
dates specified in Sec. 63.2445(g), paragraphs (e)(2) and (f) of this 
section no longer apply to flares that control ethylene oxide emissions 
from affected sources in ethylene oxide service as defined in Sec. 
63.2550 and flares used to control emissions from MCPUs that produce 
olefins or polyolefins. Instead, if you reduce organic HAP emissions by 
venting emissions through a closed-vent system to a steam-assisted, air-
assisted, non-assisted, or pressure-assisted multi-point flare that 
controls ethylene oxide emissions from affected sources in ethylene 
oxide service as defined in Sec. 63.2550 or is used to control 
emissions from an MCPU that produces olefins or polyolefins, then you 
must meet the applicable requirements for flares as specified in 
Sec. Sec. 63.670 and 63.671 of subpart CC, including the provisions in 
Tables 12 and 13 to subpart CC of this part, except as specified in 
paragraphs (e)(5)(i) through (xiii) of this section. This requirement in 
this paragraph (e)(5) also applies to any flare using fuel gas from a 
fuel gas system, of which 50 percent or more of the fuel gas is derived 
from an MCPU that has processes and/or equipment in ethylene oxide 
service or that produces olefins or polyolefins, as determined on an 
annual average basis. For purposes of compliance with this paragraph 
(e)(5), the following terms are defined in Sec. 63.641 of subpart CC: 
Assist air, assist steam, center steam, combustion zone, combustion zone 
gas, flare, flare purge gas, flare supplemental gas, flare sweep gas, 
flare vent gas, lower steam, net heating value, perimeter assist air, 
pilot gas, premix assist air, total steam, and upper steam. Also, for 
purposes of compliance with this paragraph (e)(5), ``MCPUs that produces 
olefins or polyolefins'' includes only those MCPUs that manufacture 
ethylene, propylene, polyethylene, and/or polypropylene as a product. 
By-products and impurities as defined in Sec. 63.101, as well as wastes 
and trace contaminants, are not considered products.
    (i) When determining compliance with the pilot flame requirements 
specified in Sec. 63.670(b) and (g), substitute ``pilot flame or flare 
flame'' for each occurrence of ``pilot flame.''
    (ii) When determining compliance with the flare tip velocity and 
combustion zone operating limits specified in Sec. 63.670(d) and (e), 
the requirement effectively applies starting with the 15-minute block 
that includes a full 15 minutes of the flaring event. You are required 
to demonstrate compliance with the velocity and NHVcz requirements 
starting with the block that

[[Page 430]]

contains the fifteenth minute of a flaring event. You are not required 
to demonstrate compliance for the previous 15-minute block in which the 
event started and contained only a fraction of flow.
    (iii) Instead of complying with paragraph (o)(2)(i) of Sec. 63.670 
of subpart CC, you must develop and implement the flare management plan 
no later than the compliance dates specified in Sec. 63.2445(g).
    (iv) Instead of complying with paragraph (o)(2)(iii) of Sec. 63.670 
of subpart CC, if required to develop a flare management plan and submit 
it to the Administrator, then you must also submit all versions of the 
plan in portable document format (PDF) to the EPA via the Compliance and 
Emissions Data Reporting Interface (CEDRI), which can be accessed 
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). 
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. 
Although we do not expect persons to assert a claim of CBI, if you wish 
to assert a CBI claim, submit a version with the CBI omitted via CEDRI. 
A complete plan, including information claimed to be CBI and clearly 
marked as CBI, must be mailed to the following address: U.S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, CORE CBI Office, U.S. 
EPA Mailroom (C404-02), Attention: Miscellaneous Organic Chemical 
Manufacturing Sector Lead, 4930 Old Page Rd., Durham, NC 27703. 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.
    (v) Section 63.670(o)(3)(ii) of subpart CC and all references to 
Sec. 63.670(o)(3)(ii) of subpart CC do not apply. Instead, the owner or 
operator must comply with the maximum flare tip velocity operating limit 
at all times.
    (vi) Substitute ``MCPU'' for each occurrence of ``petroleum 
refinery.''
    (vii) Each occurrence of ``refinery'' does not apply.
    (viii) If a pressure-assisted multi-point flare is used as a control 
device, then you must meet the following conditions:
    (A) You are not required to comply with the flare tip velocity 
requirements in paragraph (d) and (k) of Sec. 63.670 of subpart CC;
    (B) You must substitute ``800'' for each occurrence of ``270'' in 
paragraph (e) of Sec. 63.670 of subpart CC;
    (C) You must determine the 15-minute block average NHVvg using only 
the direct calculation method specified in in paragraph (l)(5)(ii) of 
Sec. 63.670 of subpart CC;
    (D) Instead of complying with paragraph (b) and (g) of Sec. 63.670 
of subpart CC, if a pressure-assisted multi-point flare uses cross-
lighting on a stage of burners rather than having an individual pilot 
flame on each burner, then you must operate each stage of the pressure-
assisted multi-point flare with a flame present at all times when 
regulated material is routed to that stage of burners. Each stage of 
burners that cross-lights in the pressure-assisted multi-point flare 
must have at least two pilots with at least one continuously lit and 
capable of igniting all regulated material that is routed to that stage 
of burners. Each 15-minute block during which there is at least one 
minute where no pilot flame is present on a stage of burners when 
regulated material is routed to the flare is a deviation of the 
standard. Deviations in different 15-minute blocks from the same event 
are considered separate deviations. The pilot flame(s) on each stage of 
burners that use cross-lighting must be continuously monitored by a 
thermocouple or any other equivalent device used to detect the presence 
of a flame;
    (E) Unless you choose to conduct a cross-light performance 
demonstration as specified in this paragraph (e)(5)(viii)(E), you must 
ensure that if a stage of burners on the flare uses cross-lighting, that 
the distance between any two burners in series on that stage is

[[Page 431]]

no more than 6 feet when measured from the center of one burner to the 
next burner. A distance greater than 6 feet between any two burners in 
series may be used provided you conduct a performance demonstration that 
confirms the pressure-assisted multi-point flare will cross-light a 
minimum of three burners and the spacing between the burners and 
location of the pilot flame must be representative of the projected 
installation. The compliance demonstration must be approved by the 
permitting authority and a copy of this approval must be maintained 
onsite. The compliance demonstration report must include: A protocol 
describing the test methodology used, associated test method QA/QC 
parameters, the waste gas composition and NHVcz of the gas tested, the 
velocity of the waste gas tested, the pressure-assisted multi-point 
flare burner tip pressure, the time, length, and duration of the test, 
records of whether a successful cross-light was observed over all of the 
burners and the length of time it took for the burners to cross-light, 
records of maintaining a stable flame after a successful cross-light and 
the duration for which this was observed, records of any smoking events 
during the cross-light, waste gas temperature, meteorological conditions 
(e.g., ambient temperature, barometric pressure, wind speed and 
direction, and relative humidity), and whether there were any observed 
flare flameouts; and
    (F) You must install and operate pressure monitor(s) on the main 
flare header, as well as a valve position indicator monitoring system 
for each staging valve to ensure that the flare operates within the 
proper range of conditions as specified by the manufacturer. The 
pressure monitor must meet the requirements in Table 13 to subpart CC of 
this part.
    (G) If a pressure-assisted multi-point flare is operating under the 
requirements of an approved alternative means of emission limitations, 
you must either continue to comply with the terms of the alternative 
means of emission limitations or comply with the provisions in 
paragraphs (e)(5)(viii)(A) through (F) of this section.
    (ix) If you choose to determine compositional analysis for net 
heating value with a continuous process mass spectrometer, then you must 
comply with the requirements specified in paragraphs (e)(5)(ix)(A) 
through (G) of this section.
    (A) You must meet the requirements in Sec. 63.671(e)(2). You may 
augment the minimum list of calibration gas components found in Sec. 
63.671(e)(2) with compounds found during a pre-survey or known to be in 
the gas through process knowledge.
    (B) Calibration gas cylinders must be certified to an accuracy of 2 
percent and traceable to National Institute of Standards and Technology 
(NIST) standards.
    (C) For unknown gas components that have similar analytical mass 
fragments to calibration compounds, you may report the unknowns as an 
increase in the overlapped calibration gas compound. For unknown 
compounds that produce mass fragments that do not overlap calibration 
compounds, you may use the response factor for the nearest molecular 
weight hydrocarbon in the calibration mix to quantify the unknown 
component's NHVvg.
    (D) You may use the response factor for n-pentane to quantify any 
unknown components detected with a higher molecular weight than n-
pentane.
    (E) You must perform an initial calibration to identify mass 
fragment overlap and response factors for the target compounds.
    (F) You must meet applicable requirements in Performance 
Specification 9 of 40 CFR part 60, appendix B, for continuous monitoring 
system acceptance including, but not limited to, performing an initial 
multi-point calibration check at three concentrations following the 
procedure in Section 10.1 and performing the periodic calibration 
requirements listed for gas chromatographs in Table 13 to subpart CC of 
this part, for the process mass spectrometer. You may use the 
alternative sampling line temperature allowed under Net Heating Value by 
Gas Chromatograph in Table 13 to subpart CC of this part.
    (G) The average instrument calibration error (CE) for each 
calibration

[[Page 432]]

compound at any calibration concentration must not differ by more than 
10 percent from the certified cylinder gas value. The CE for each 
component in the calibration blend must be calculated using Equation 1 
to this paragraph (e)(5)(ix)(G).

[GRAPHIC] [TIFF OMITTED] TR12AU20.000


Where:

Cm = Average instrument response (ppm).
Ca = Certified cylinder gas value (ppm).

    (x) If you use a gas chromatograph or mass spectrometer for 
compositional analysis for net heating value, then you may choose to use 
the CE of NHVmeasured versus the cylinder tag value NHV as 
the measure of agreement for daily calibration and quarterly audits in 
lieu of determining the compound-specific CE. The CE for NHV at any 
calibration level must not differ by more than 10 percent from the 
certified cylinder gas value. The CE for must be calculated using 
Equation 2 to this paragraph (e)(5)(x).

[GRAPHIC] [TIFF OMITTED] TR12AU20.001


Where:

NHVmeasured = Average instrument response (Btu/scf).
NHVa = Certified cylinder gas value (Btu/scf).

    (xi) Instead of complying with paragraph (q) of Sec. 63.670 of 
subpart CC, you must comply with the reporting requirements specified in 
Sec. 63.2520(d)(3) and (e)(11).
    (xii) Instead of complying with paragraph (p) of Sec. 63.670 of 
subpart CC, you must keep the flare monitoring records specified in 
Sec. 63.2525(m).
    (xiii) You may elect to comply with the alternative means of 
emissions limitation requirements specified in paragraph (r) of Sec. 
63.670 of subpart CC in lieu of the requirements in paragraphs (d) 
through (f) of Sec. 63.670 of subpart CC, as applicable. However, 
instead of complying with paragraph (r)(3)(iii) of Sec. 63.670 of 
subpart CC, you must also submit the alternative means of emissions 
limitation request to the following address: U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, U.S. EPA Mailroom (C404-02), Attention: 
Miscellaneous Organic Chemical Manufacturing Sector Lead, 4930 Old Page 
Rd., Durham, NC 27703.
    (6) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), the use of a bypass line at any time on a closed vent system 
to divert emissions subject to the requirements in Tables 1 through 7 to 
this subpart to the atmosphere or to a control device not meeting the 
requirements specified in Tables 1 through 7 to this subpart is an 
emissions standards deviation. You must also comply with the 
requirements specified in paragraphs (e)(6)(i) through (v) of this 
section, as applicable:
    (i) If you are subject to the bypass monitoring requirements of 
Sec. 63.148(f) of subpart G, then you must continue to comply with the 
requirements in Sec. 63.148(f) of subpart G and the recordkeeping and 
reporting requirements in Sec. Sec. 63.148(j)(2) and (3) of subpart G, 
and (h)(3) of subpart G, in addition to the applicable requirements 
specified in Sec. 63.2485(q), the recordkeeping requirements specified 
in Sec. 63.2525(n), and the reporting requirements specified in Sec. 
63.2520(e)(12).
    (ii) If you are subject to the bypass monitoring requirements of 
Sec. 63.172(j) of subpart H, then you must continue to comply with the 
requirements in

[[Page 433]]

Sec. 63.172(j) of subpart H and the recordkeeping and reporting 
requirements in Sec. 63.118(a)(3) and (4), and (f)(3) and (4) of 
subpart G, in addition to the applicable requirements specified in 
Sec. Sec. 63.2480(f) and 63.2485(q), the recordkeeping requirements 
specified in Sec. 63.2525(n), and the reporting requirements specified 
in Sec. 63.2520(e)(12).
    (iii) If you are subject to the bypass monitoring requirements of 
Sec. 63.983(a)(3) of subpart SS, then you must continue to comply with 
the requirements in Sec. 63.983(a)(3) of subpart SS and the 
recordkeeping and reporting requirements in Sec. Sec. 63.998(d)(1)(ii) 
and 63.999(c)(2) of subpart SS, in addition to the requirements 
specified in Sec. 63.2450(e)(4), the recordkeeping requirements 
specified in Sec. 63.2525(n), and the reporting requirements specified 
in Sec. 63.2520(e)(12).
    (iv) If you are subject to the bypass monitoring requirements of 
Sec. 65.143(a)(3) of this chapter, then you must continue to comply 
with the requirements in Sec. 65.143(a)(3) and the recordkeeping and 
reporting requirements in Sec. Sec. 65.163(a)(1) and 65.166(b) of this 
chapter; in addition to the applicable requirements specified in Sec. 
63.2480(f), the recordkeeping requirements specified in Sec. 
63.2525(n), and the reporting requirements specified in Sec. 
63.2520(e)(12).
    (v) For purposes of compliance with this paragraph (e)(6), 
Sec. Sec. 63.148(f)(3) of subpart G, and 63.172(j)(3) of subpart H, the 
phrase ``Except for equipment needed for safety purposes such as 
pressure relief devices, low leg drains, high point bleeds, analyzer 
vents, and open-ended valves or lines'' in Sec. 63.983(a)(3) of subpart 
SS, and the phrase ``Except for pressure relief devices needed for 
safety purposes, low leg drains, high point bleeds, analyzer vents, and 
open-ended valves or lines'' in Sec. 65.143(a)(3) of this chapter do 
not apply; instead, the exemptions specified in paragraphs (e)(6)(v)(A) 
and (B) of this section apply.
    (A) Except for pressure relief devices subject to Sec. 
63.2480(e)(4), equipment such as low leg drains and equipment subject to 
the requirements specified in Sec. 63.2480 are not subject to this 
paragraph (e)(6).
    (B) Open-ended valves or lines that use a cap, blind flange, plug, 
or second valve and follow the requirements specified in 40 CFR 60.482-
6(a)(2), (b), and (c) or follow requirements codified in another 
regulation that are the same as 40 CFR 60.482-6(a)(2), (b), and (c) are 
not subject to this paragraph (e)(6).
    (7) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), if you reduce organic HAP emissions by venting emissions 
through a closed-vent system to an adsorber(s) that cannot be 
regenerated or a regenerative adsorber(s) that is regenerated offsite, 
then you must comply with paragraphs (e)(4) and (6) of this section and 
the requirements in Sec. 63.983, and you must install a system of two 
or more adsorber units in series and comply with the requirements 
specified in paragraphs (e)(7)(i) through (iii) of this section.
    (i) Conduct an initial performance test or design evaluation of the 
adsorber and establish the breakthrough limit and adsorber bed life.
    (ii) Monitor the HAP or total organic compound (TOC) concentration 
through a sample port at the outlet of the first adsorber bed in series 
according to the schedule in paragraph (e)(7)(iii)(B) of this section. 
You must measure the concentration of HAP or TOC using either a portable 
analyzer, in accordance with Method 21 of 40 CFR part 60, appendix A-7, 
using methane, propane, isobutylene, or the primary HAP being controlled 
as the calibration gas or Method 25A of 40 CFR part 60, appendix A-7, 
using methane, propane, or the primary HAP being controlled as the 
calibration gas.
    (iii) Comply with paragraph (e)(7)(iii)(A) of this section, and 
comply with the monitoring frequency according to paragraph 
(e)(7)(iii)(B) of this section.
    (A) The first adsorber in series must be replaced immediately when 
breakthrough, as defined in Sec. 63.2550(i), is detected between the 
first and second adsorber. The original second adsorber (or a fresh 
canister) will become the new first adsorber and a fresh adsorber will 
become the second adsorber. For purposes of this paragraph 
(e)(7)(iii)(A), ``immediately'' means within 8 hours of the detection of 
a breakthrough for adsorbers of 55 gallons or less, and within 24 hours 
of the detection of a

[[Page 434]]

breakthrough for adsorbers greater than 55 gallons. You must monitor at 
the outlet of the first adsorber within 3 days of replacement to confirm 
it is performing properly.
    (B) Based on the adsorber bed life established according to 
paragraph (e)(7)(i) of this section and the date the adsorbent was last 
replaced, conduct monitoring to detect breakthrough at least monthly if 
the adsorbent has more than 2 months of life remaining, at least weekly 
if the adsorbent has between 2 months and 2 weeks of life remaining, and 
at least daily if the adsorbent has 2 weeks or less of life remaining.
    (f) Requirements for flare compliance assessments. Except as 
specified in paragraph (e)(5) of this section, you must comply with 
paragraphs (f)(1) and (2) of this section.
    (1) As part of a flare compliance assessment required in Sec. 
63.987(b), you have the option of demonstrating compliance with the 
requirements of Sec. 63.11(b) by complying with the requirements in 
either Sec. 63.11(b)(6)(i) or Sec. 63.987(b)(3)(ii).
    (2) If you elect to meet the requirements in Sec. 63.11(b)(6)(i), 
you must keep flare compliance assessment records as specified in 
paragraphs (f)(2)(i) and (ii) of this section.
    (i) Keep records as specified in Sec. 63.998(a)(1)(i), except that 
a record of the heat content determination is not required.
    (ii) Keep records of the flare diameter, hydrogen content, exit 
velocity, and maximum permitted velocity. Include these records in the 
flare compliance report required in Sec. 63.999(a)(2).
    (g) Requirements for performance tests. The requirements specified 
in paragraphs (g)(1) through (7) of this section apply instead of or in 
addition to the requirements specified in subpart SS of this part.
    (1) Conduct gas molecular weight analysis using Method 3, 3A, or 3B 
in appendix A to part 60 of this chapter.
    (2) Measure moisture content of the stack gas using Method 4 in 
appendix A to part 60 of this chapter.
    (3) If the uncontrolled or inlet gas stream to the control device 
contains carbon disulfide, you must conduct emissions testing according 
to paragraph (g)(3)(i) or (ii) of this section.
    (i) If you elect to comply with the percent reduction emission 
limits in tables 1 through 7 to this subpart, and carbon disulfide is 
the principal organic HAP component (i.e., greater than 50 percent of 
the HAP in the stream by volume), then you must use Method 18, or Method 
15 (40 CFR part 60, appendix A) to measure carbon disulfide at the inlet 
and outlet of the control device. Use the percent reduction in carbon 
disulfide as a surrogate for the percent reduction in total organic HAP 
emissions.
    (ii) If you elect to comply with the outlet TOC concentration 
emission limits in Tables 1 through 7 to this subpart, and the 
uncontrolled or inlet gas stream to the control device contains greater 
than 10 percent (volume concentration) carbon disulfide, you must use 
Method 18 or Method 15 of 40 CFR part 60, appendix A, to separately 
determine the carbon disulfide concentration. Calculate the total HAP or 
TOC emissions by totaling the carbon disulfide emissions measured using 
Method 18 or 15 of 40 CFR part 60, appendix A, and the other HAP 
emissions measured using Method 18 or 25A of 40 CFR part 60, appendix A.
    (4) 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 7 to this subpart, you may use 
Method 320 of 40 CFR part 60, appendix A. 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.
    (5) 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. 63.2520(d)(1). 
If the initial compliance demonstration includes a performance test and 
the results are submitted electronically via CEDRI in accordance with 
Sec. 63.2520(f), the process unit(s) tested, the pollutant(s) tested, 
and the date

[[Page 435]]

that such performance test was conducted may be submitted in the 
notification of compliance status report in lieu of the performance test 
results. The performance test results must be submitted to CEDRI by the 
date the notification of compliance status report is submitted.
    (6) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), in lieu of the requirements specified in Sec. 63.7(e)(1) of 
subpart A you must conduct performance tests under such conditions as 
the Administrator specifies 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 must make 
available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (7) Comply with the requirements in Sec. 63.2450(e)(4), as 
applicable.
    (h) Design evaluation. To determine the percent reduction of a small 
control device that is used to comply with an emission limit specified 
in Table 1, 2, 3, or 5 to this subpart, you may elect to conduct a 
design evaluation as specified in Sec. 63.1257(a)(1) instead of a 
performance test as specified in subpart SS of this part. You must 
establish the value(s) and basis for the operating limits as part of the 
design evaluation. For continuous process vents, the design evaluation 
must be conducted at maximum representative operating conditions for the 
process, unless the Administrator specifies or approves alternate 
operating conditions. For transfer racks, the design evaluation must 
demonstrate that the control device achieves the required control 
efficiency during the reasonably expected maximum transfer loading rate. 
Beginning no later than the compliance dates specified in Sec. 
63.2445(i), this paragraph (h) does not apply to process vents in 
ethylene oxide service as defined in Sec. 63.2550.
    (i) Outlet concentration correction for combustion devices. Except 
as specified in paragraph (i)(3) of this section, when Sec. 
63.997(e)(2)(iii)(C) requires you to correct the measured concentration 
at the outlet of a combustion device to 3-percent oxygen if you add 
supplemental combustion air, the requirements in either paragraph (i)(1) 
or (2) of this section apply for the purposes of this subpart.
    (1) You must correct the concentration in the gas stream at the 
outlet of the combustion device to 3 percent oxygen if you add 
supplemental gases, as defined in Sec. 63.2550, to the vent stream, or;
    (2) You must correct the measured concentration for supplemental 
gases using Equation 1 in Sec. 63.2460(c)(6); you may use process 
knowledge and representative operating data to determine the fraction of 
the total flow due to supplemental gas.
    (3) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), paragraphs (i)(1) and (2) of this section no longer apply. 
Instead, when Sec. 63.997(e)(2)(iii)(C) requires you to correct the 
measured concentration at the outlet of a combustion device to 3-percent 
oxygen if you add supplemental combustion air, you must follow the 
procedures in Sec. 63.997(e)(2)(iii)(C) to perform the concentration 
correction, except you may also use Method 3A of 40 CFR part 60, 
appendix A-2, to determine the oxygen concentration.
    (j) Continuous emissions monitoring systems. Each continuous 
emissions monitoring system (CEMS) must be installed, operated, and 
maintained according to the requirements in Sec. 63.8 of subpart A and 
paragraphs (j)(1) through (6) of this section.
    (1) Each CEMS must be installed, operated, and maintained according 
to the applicable Performance Specification of 40 CFR part 60, appendix 
B, and the applicable Quality Assurance Procedures of 40 CFR part 60, 
appendix F, and according to paragraph (j)(2) of this section, except as 
specified in paragraph (j)(1)(i) of this section. For any CEMS meeting 
Performance Specification 8 of 40 CFR part 60, appendix B, you must also 
comply with procedure 1 of 40 CFR part 60, appendix F. Locate the 
sampling probe or other

[[Page 436]]

interface at a measurement location such that you obtain representative 
measurements of emissions from the regulated source. For CEMS installed 
after August 12, 2020, conduct a performance evaluation of each CEMS 
within 180 days of installation of the monitoring system.
    (i) If you wish to use a CEMS other than a Fourier Transform 
Infrared Spectroscopy (FTIR) meeting the requirements of Performance 
Specification 15 of 40 CFR part 60, appendix B, to measure hydrogen 
halide, other than hydrogen chloride, and halogen HAP or CEMS meeting 
the requirements of Performance Specification 18 of 40 CFR part 60, 
appendix B, to measure hydrogen chloride 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 of subpart A.
    (ii) [Reserved]
    (2) You must determine the calibration gases and reporting units for 
TOC CEMS in accordance with paragraph (j)(2)(i), (ii), or (iii) of this 
section.
    (i) 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.
    (ii) 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.
    (iii) For CEMS meeting Performance Specification 8 of 40 CFR part 
60, appendix B, used to monitor performance of a noncombustion device, 
determine the predominant organic HAP using either process knowledge or 
the screening procedures of Method 18 of 40 CFR part 60, appendix A-6, 
on the control device inlet stream, calibrate the monitor on the 
predominant organic HAP, and report the results as C1. Use 
Method 18 of 40 CFR part 60, appendix A-6, Method 320 of appendix A to 
this part, 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.
    (3) You must conduct a performance evaluation of each CEMS according 
to the requirements in Sec. 63.8 of subpart A and according to the 
applicable Performance Specification of 40 CFR part 60, appendix B, 
except that the schedule in Sec. 63.8(e)(4) of subpart A does not 
apply, and before October 13, 2020, the results of the performance 
evaluation must be included in the notification of compliance status 
report. Unless otherwise specified in this subpart, beginning on and 
after October 13, 2020, the results of the performance evaluation must 
be submitted in accordance with Sec. 63.2520(g).
    (4) The CEMS data must be reduced to operating day or operating 
block averages computed using valid data consistent with the data 
availability requirements specified in Sec. 63.999(c)(6)(i)(B) through 
(D), 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 within a 
process. Operating block averages may be used only for batch process 
vent data. In computing operating day or operating block averages to 
determine compliance with this subpart, you must exclude monitoring data 
recorded during CEMS breakdowns, out-of-control periods, repairs, 
maintenance periods, calibration checks, or other quality assurance 
activities. Out-of-control periods are as specified in Sec. 63.8(c)(7) 
of subpart A.
    (5) If you add supplemental gases, you must comply with paragraphs 
(j)(5)(i) and (ii) of this section.
    (i) Except as specified in paragraph (j)(5)(ii) of this section, 
correct the measured concentrations in accordance with paragraph (i) of 
this section and Sec. 63.2460(c)(6).
    (ii) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), you must use Performance Specification 3 of 40 CFR part 60, 
appendix B, to

[[Page 437]]

certify your oxygen CEMS, and you must comply with procedure 1 of 40 CFR 
part 60, appendix F. Use Method 3A of 40 CFR part 60, appendix A-2, as 
the reference method when conducting a relative accuracy test audit.
    (6) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), in lieu of the requirements specified in Sec. 63.8(d)(3) of 
subpart A you must keep the written procedures required by Sec. 
63.8(d)(2) of subpart A 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 must 
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) of subpart A. In addition to the information 
required in Sec. 63.8(d)(2) of subpart A, your written procedures for 
CEMS must include the information in paragraphs (j)(6)(i) through (vi) 
of this section:
    (i) Description of CEMS installation location.
    (ii) Description of the monitoring equipment, including the 
manufacturer and model number for all monitoring equipment components 
and the span of the analyzer.
    (iii) Routine quality control and assurance procedures.
    (iv) Conditions that would trigger a CEMS performance evaluation, 
which must include, at a minimum, a newly installed CEMS; a process 
change that is expected to affect the performance of the CEMS; and the 
Administrator's request for a performance evaluation under section 114 
of the Clean Air Act.
    (v) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1) and (3), (c)(4)(ii), and 
(c)(7) and (8) of subpart A;
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c) and (e)(1) of subpart A.
    (k) Continuous parameter monitoring. The provisions in paragraphs 
(k)(1) through (8) of this section apply in addition to the requirements 
for continuous parameter monitoring system (CPMS) in subpart SS of this 
part.
    (1) You must comply with paragraphs (k)(1)(i) and (ii) of this 
section.
    (i) Except as specified in paragraph (k)(1)(ii) of this section, 
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) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), paragraph (k)(1)(i) of this section no longer applies. 
Instead, 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), except you must record all maintenance, not just 
preventative maintenance.
    (2) When subpart SS of this 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.
    (3) As an alternative to continuously measuring and recording pH as 
specified in Sec. Sec. 63.994(c)(1)(i) and 63.998(a)(2)(ii)(D), you may 
elect to continuously monitor and record the caustic strength of the 
effluent. For halogen scrubbers used to control only batch process vents 
you may elect to monitor and record either the pH or the caustic 
strength of the scrubber effluent at least once per day.
    (4) As an alternative to the inlet and outlet temperature monitoring 
requirements for catalytic incinerators as specified in Sec. 
63.988(c)(2) and the related recordkeeping requirements specified in 
Sec. 63.998(a)(2)(ii)(B)(2) and (c)(2)(ii), you may elect to comply 
with the requirements specified in paragraphs (k)(4)(i) through (iv) of 
this section.
    (i) Monitor and record the inlet temperature as specified in subpart 
SS of this part 63.
    (ii) Check the activity level of the catalyst at least every 12 
months and take any necessary corrective action, such as replacing the 
catalyst to ensure that the catalyst is performing as designed.

[[Page 438]]

    (iii) Maintain records of the annual checks of catalyst activity 
levels and the subsequent corrective actions.
    (iv) Recording the downstream temperature and temperature difference 
across the catalyst bed as specified in Sec. 63.998(a)(2)(ii)(B)(2) and 
(c)(2)(ii) is not required.
    (5) For absorbers that control organic compounds and use water as 
the scrubbing fluid, you must conduct monitoring and recordkeeping as 
specified in paragraphs (k)(5)(i) through (iii) of this section instead 
of the monitoring and recordkeeping requirements specified in Sec. Sec. 
63.990(c)(1), 63.993(c)(1), and 63.998(a)(2)(ii)(C).
    (i) You must use a flow meter capable of providing a continuous 
record of the absorber influent liquid flow.
    (ii) You must determine gas stream flow using one of the procedures 
specified in Sec. 63.994(c)(1)(ii)(A) through (D).
    (iii) You must record the absorber liquid-to-gas ratio averaged over 
the time period of any performance test.
    (6) For a control device with total inlet HAP emissions less than 1 
tpy, you must establish an operating limit(s) for a parameter(s) that 
you will measure and record at least once per averaging period (i.e., 
daily or block) to verify that the control device is operating properly. 
You may elect to measure the same parameter(s) 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(s) and the measurement frequency, 
and you must provide rationale to support how these measurements 
demonstrate the control device is operating properly.
    (7) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), the manufacturer's specifications or your written procedures 
must include a schedule for calibrations, preventative maintenance 
procedures, a schedule for preventative maintenance, and corrective 
actions to be taken if a calibration fails. If a CPMS calibration fails, 
the CPMS is considered to be inoperative until you take corrective 
action and the system passes calibration. You must record the nature and 
cause of instances when the CPMS is inoperative and the corrective 
action taken.
    (8) You must comply with the requirements in paragraph (e)(4) of 
this section, as applicable.
    (l) Startup, shutdown, and malfunction. Sections 63.152(f)(7)(ii) 
through (iv) and 63.998(b)(2)(iii) and (b)(6)(i)(A), which apply to the 
exclusion of monitoring data collected during periods of SSM from daily 
averages, do not apply for the purposes of this subpart.
    (m) Reporting. (1) When Sec. Sec. 63.2455 through 63.2490 reference 
other subparts in this part 63 that use the term ``periodic report,'' it 
means ``compliance report'' for the purposes of this subpart. The 
compliance report must include the information specified in Sec. 
63.2520(e), as well as the information specified in referenced subparts.
    (2) 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.
    (3) Excused excursions, as defined in subparts G and SS of this part 
63, are not allowed.
    (n) [Reserved]
    (o) You may not use a flare to control halogenated vent streams or 
hydrogen halide and halogen HAP emissions.
    (p) Original safety device requirements. Except as specified in 
paragraph (t) of this section, opening a safety device, as defined in 
Sec. 63.2550, is allowed at any time conditions require it to avoid 
unsafe conditions.
    (q) If an emission stream contains energetics or organic peroxides 
that, for safety reasons, cannot meet an applicable emission limit 
specified in Tables 1 through 7 to this subpart, then you must submit 
documentation in your precompliance report explaining why an undue 
safety hazard would be created if the air emission controls were 
installed, and you must describe the procedures that you will implement 
to minimize HAP emissions from these vent streams.
    (r) Surge control vessels and bottoms receivers. For each surge 
control vessel or bottoms receiver that meets the capacity and vapor 
pressure thresholds for a

[[Page 439]]

Group 1 storage tank, you must meet emission limits and work practice 
standards specified in Table 4 to this subpart. Beginning no later than 
the compliance dates specified in Sec. 63.2445(i), for each surge 
control vessel and bottoms receiver in ethylene oxide service as defined 
in Sec. 63.2550, you must also meet the applicable process vent 
requirements specified in Sec. Sec. 63.2492 and 63.2493(a) through (c).
    (s) For the purposes of determining Group status for continuous 
process vents, batch process vents, and storage tanks in Sec. Sec. 
63.2455, 63.2460, and 63.2470, hydrazine is to be considered an organic 
HAP.
    (t) New safety device requirements. Beginning no later than the 
compliance dates specified in Sec. 63.2445(g), paragraph (p) of this 
section no longer applies. Instead, you must comply with the 
requirements specified in Sec. 63.2480(e).
    (u) General duty. Beginning no later than the compliance dates 
specified in Sec. 63.2445(g), 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.
    (v) Maintenance vents. Beginning no later than the compliance dates 
specified in Sec. 63.2445(g), you may designate a process vent as a 
maintenance vent if the vent is only used as a result of startup, 
shutdown, maintenance, or inspection of equipment where equipment is 
emptied, depressurized, degassed, or placed into service. You must 
comply with the applicable requirements in paragraphs (v)(1) through (3) 
of this section for each maintenance vent. Any vent designated as a 
maintenance vent is only subject to the maintenance vent provisions in 
this paragraph (v) and the associated recordkeeping and reporting 
requirements in Sec. Sec. 63.2525(p) and 63.2520(e)(14), respectively. 
You do not need to designate a maintenance vent as a Group 1 or Group 2 
process vent nor identify maintenance vents in a Notification of 
Compliance Status report.
    (1) Prior to venting to the atmosphere, remove process liquids from 
the equipment as much as practical and depressurize the equipment to 
either: A flare meeting the requirements of paragraph (e)(2) or (5) of 
this section, as applicable, or a non-flare control device meeting the 
requirements in paragraph (e)(4) of this section and the requirements 
specified in Sec. 63.982(c)(2) of subpart SS until one of the following 
conditions, as applicable, is met.
    (i) The vapor in the equipment served by the maintenance vent has a 
lower explosive limit (LEL) of less than 10 percent and has an outlet 
concentration less than or equal to 20 ppmv hydrogen halide and halogen 
HAP.
    (ii) If there is no ability to measure the LEL of the vapor in the 
equipment based on the design of the equipment, the pressure in the 
equipment served by the maintenance vent is reduced to 5 pounds per 
square inch gauge (psig) or less. Upon opening the maintenance vent, 
active purging of the equipment cannot be used until the LEL of the 
vapors in the maintenance vent (or inside the equipment if the 
maintenance is a hatch or similar type of opening) is less than 10 
percent.
    (iii) The equipment served by the maintenance vent contains less 
than 50 pounds of total volatile organic compounds (VOC).
    (iv) If, after applying best practices to isolate and purge 
equipment served by a maintenance vent, none of the applicable criterion 
in paragraphs (v)(1)(i) through (iii) of this section can be met prior 
to installing or removing a blind flange or similar equipment blind, 
then the pressure in the equipment served by the maintenance vent must 
be reduced to 2 psig or less before installing or removing the equipment 
blind. During installation or removal of the equipment blind, active 
purging of the

[[Page 440]]

equipment may be used provided the equipment pressure at the location 
where purge gas is introduced remains at 2 psig or less.
    (2) Except for maintenance vents complying with the alternative in 
paragraph (v)(1)(iii) of this section, you must determine the LEL or, if 
applicable, equipment pressure using process instrumentation or portable 
measurement devices and follow procedures for calibration and 
maintenance according to manufacturer's specifications.
    (3) For maintenance vents complying with the alternative in 
paragraph (v)(1)(iii) of this section, you must determine mass of VOC in 
the equipment served by the maintenance vent based on the equipment size 
and contents after considering any contents drained or purged from the 
equipment. Equipment size may be determined from equipment design 
specifications. Equipment contents may be determined using process 
knowledge.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 
FR 40332, July 14, 2006; 85 FR 49133, Aug. 12, 2020]



Sec. 63.2455  What requirements must I meet for continuous process vents?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to your continuous process vents, and you must meet each 
applicable requirement specified in paragraphs (b) through (c) of this 
section and Sec. Sec. 63.2492 and 63.2493(a) through (c).
    (b) For each continuous process vent, you must either designate the 
vent as a Group 1 continuous process vent or determine the total 
resource effectiveness (TRE) index value as specified in Sec. 
63.115(d), except as specified in paragraphs (b)(1) through (3) of this 
section.
    (1) You are not required to determine the Group status or the TRE 
index value for any continuous process vent that is combined with Group 
1 batch process vents before a control device or recovery device because 
the requirements of Sec. 63.2450(c)(2)(i) apply to the combined stream.
    (2) When a TRE index value of 4.0 is referred to in Sec. 63.115(d), 
TRE index values of 5.0 for existing affected sources and 8.0 for new 
and reconstructed affected sources apply for the purposes of this 
subpart.
    (3) When Sec. 63.115(d) refers to ``emission reductions specified 
in Sec. 63.113(a),'' the reductions specified in Table 1 to this 
subpart apply for the purposes of this subpart.
    (c) If you use a recovery device to maintain the TRE above a 
specified threshold, you must meet the requirements of Sec. 63.982(e) 
and the requirements referenced therein, except as specified in Sec. 
63.2450 and paragraph (c)(1) of this section.
    (1) When Sec. 63.993 uses the phrase ``the TRE index value is 
between the level specified in a referencing subpart and 4.0,'' the 
phrase ``the TRE index value is 1.9 but <=5.0'' applies for 
an existing affected source, and the phrase ``the TRE index value is 
5.0 but <=8.0'' applies for a new and reconstructed affected 
source, for the purposes of this subpart.
    (2) [Reserved]

[68 FR 63888, Nov. 10, 2003, as amended at 85 FR 49139, Aug. 12, 2020]



Sec. 63.2460  What requirements must I meet for batch process vents?

    (a) General. You must meet each emission limit in Table 2 to this 
subpart that applies to you, and you must meet each applicable 
requirement specified in paragraphs (b) and (c) of this section and 
Sec. Sec. 63.2492 and 63.2493(a) through (c).
    (b) Group status. If a process has batch process vents, as defined 
in Sec. 63.2550, you must determine the group status of the batch 
process vents by determining and summing the uncontrolled organic HAP 
emissions from each of the batch process vents within the process using 
the procedures specified in Sec. 63.1257(d)(2)(i) and (ii), except as 
specified in paragraphs (b)(1) through (7) of this section.
    (1) To calculate emissions caused by the heating of a vessel without 
a process condenser to a temperature lower than the boiling point, you 
must use the procedures in Sec. 63.1257(d)(2)(i)(C)(3).
    (2) To calculate emissions from depressurization of a vessel without 
a process condenser, you must use the procedures in Sec. 
63.1257(d)(2)(i)(D)(10).
    (3) To calculate emissions from vacuum systems for the purposes of 
this subpart, the receiving vessel is part of the vacuum system, and 
terms used in

[[Page 441]]

Equation 33 to 40 CFR part 63, subpart GGG, are defined as follows:

Psystem = absolute pressure of the receiving vessel;
Pi = partial pressure of the HAP determined at the exit 
temperature and exit pressure conditions of the condenser or at the 
conditions of the dedicated receiver;
Pj = partial pressure of condensables (including HAP) 
determined at the exit temperature and exit pressure conditions of the 
condenser or at the conditions of the dedicated receiver;
MWHAP = molecular weight of the HAP determined at the exit 
temperature and exit pressure conditions of the condenser or at the 
conditions of the dedicated receiver.

    (4) To calculate uncontrolled emissions when a vessel is equipped 
with a process condenser, you must use the procedures in Sec. 
63.1257(d)(3)(i)(B), except as specified in paragraphs (b)(4)(i) through 
(vii) of this section.
    (i) You must determine the flowrate of gas (or volume of gas), 
partial pressures of condensables, temperature (T), and HAP molecular 
weight (MWHAP) at the exit temperature and exit pressure 
conditions of the condenser or at the conditions of the dedicated 
receiver.
    (ii) You must assume that all of the components contained in the 
condenser exit vent stream are in equilibrium with the same components 
in the exit condensate stream (except for noncondensables).
    (iii) You must perform a material balance for each component.
    (iv) For the emissions from gas evolution, the term for time, t, 
must be used in Equation 12 to 40 CFR part 63, subpart GGG.
    (v) Emissions from empty vessel purging shall be calculated using 
Equation 36 to 40 CFR part 63, subpart GGG and the exit temperature and 
exit pressure conditions of the condenser or the conditions of the 
dedicated receiver.
    (vi) You must conduct an engineering assessment as specified in 
Sec. 63.1257(d)(2)(ii) for each emission episode that is not due to 
vapor displacement, purging, heating, depressurization, vacuum 
operations, gas evolution, air drying, or empty vessel purging. The 
requirements of paragraphs (b)(3) through (4) of this section shall 
apply.
    (vii) You may elect to conduct an engineering assessment if you can 
demonstrate to the Administrator that the methods in Sec. 
63.1257(d)(3)(i)(B) are not appropriate.
    (5) You may elect to designate the batch process vents within a 
process as Group 1 and not calculate uncontrolled emissions if you 
comply with one of the situations in paragraph (b)(5)(i), (ii), or (iii) 
of this section.
    (i) If you comply with the alternative standard specified in Sec. 
63.2505.
    (ii) If all Group 1 batch process vents within a process are 
controlled; you conduct the performance test under hypothetical worst 
case conditions, as defined in Sec. 63.1257(b)(8)(i)(B); and the 
emission profile is based on capture and control system limitations as 
specified in Sec. 63.1257(b)(8)(ii)(C).
    (iii) If you comply with an emission limit using a flare that meets 
the requirements specified in Sec. 63.987 or Sec. 63.2450(e)(5), as 
applicable.
    (6) You may change from Group 2 to Group 1 in accordance with either 
paragraph (b)(6)(i) or (ii) of this section. Before October 13, 2020, 
you must comply with the requirements of this section and submit the 
test report. Beginning on and after October 13, 2020, you must comply 
with the requirements of this section and submit the performance test 
report for the demonstration required in Sec. 63.1257(b)(8) in 
accordance with Sec. 63.2520(f).
    (i) You may switch at any time after operating as Group 2 for at 
least 1 year so that you can show compliance with the 10,000 pounds per 
year (lb/yr) threshold for Group 2 batch process vents for at least 365 
days before the switch. You may elect to start keeping records of 
emissions from Group 2 batch process vents before the compliance date. 
Report a switch based on this provision in your next compliance report 
in accordance with Sec. 63.2520(e)(10)(i).
    (ii) If the conditions in paragraph (b)(6)(i) of this section are 
not applicable, you must provide a 60-day advance notice in accordance 
with Sec. 63.2520(e)(10)(ii) before switching.

[[Page 442]]

    (7) As an alternative to determining the uncontrolled organic HAP 
emissions as specified in Sec. 63.1257(d)(2)(i) and (ii), you may elect 
to demonstrate that non-reactive organic HAP are the only HAP used in 
the process and non-reactive HAP usage in the process is less than 
10,000 lb/yr. You must provide data and supporting rationale in your 
notification of compliance status report explaining why the non-reactive 
organic HAP usage will be less than 10,000 lb/yr. You must keep records 
of the non-reactive organic HAP usage as specified in Sec. 
63.2525(e)(2) and include information in compliance reports as specified 
in Sec. 63.2520(e)(5)(iv).
    (c) Exceptions to the requirements in subparts SS and WW of this 
part 63 are specified in paragraphs (c)(1) through (9) of this section.
    (1) Process condensers. Process condensers, as defined in Sec. 
63.2550(i), are not considered to be control devices for batch process 
vents. You must determine whether a condenser is a control device for a 
batch process vent or a process condenser from which the uncontrolled 
HAP emissions are evaluated as part of the initial compliance 
demonstration for each MCPU and report the results with supporting 
rationale in your notification of compliance status report.
    (2) Initial compliance. (i) To demonstrate initial compliance with a 
percent reduction emission limit in Table 2 to this subpart, you must 
compare the sums of the controlled and uncontrolled emissions for the 
applicable Group 1 batch process vents within the process, and show that 
the specified reduction is met. This requirement does not apply if you 
comply with the emission limits of Table 2 to this subpart by using a 
flare that meets the requirements of Sec. 63.987 or 63.2450(e)(5), as 
applicable.
    (ii) When you conduct a performance test or design evaluation for a 
non-flare control device used to control emissions from batch process 
vents, you must establish emission profiles and conduct the test under 
worst-case conditions according to Sec. 63.1257(b)(8) instead of under 
normal operating conditions as specified in Sec. 63.7(e)(1) of subpart 
A or the conditions as specified in Sec. 63.2450(g)(6). 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 batch process vents. For purposes of this subpart, references 
in Sec. 63.997(b)(1) to ``methods specified in Sec. 63.997(e)'' 
include the methods specified in Sec. 63.1257(b)(8).
    (iii) As an alternative to conducting a performance test or design 
evaluation to demonstrate initial compliance with a percent reduction 
requirement for a condenser, you may determine controlled emissions 
using the procedures specified in Sec. 63.1257(d)(3)(i)(B) and 
paragraphs (b)(3) through (4) of this section.
    (iv) When Sec. 63.1257(d)(3)(i)(B)(7) specifies that condenser-
controlled emissions from an air dryer must be calculated using Equation 
11 of 40 CFR part 63, subpart GGG, with ``V equal to the air flow 
rate,'' it means ``V equal to the dryer outlet gas flow rate,'' for the 
purposes of this subpart. Alternatively, you may use Equation 12 of 40 
CFR part 63, subpart GGG, with V equal to the dryer inlet air flow rate. 
Account for time as appropriate in either equation.
    (v) If a process condenser is used for boiling operations in which 
HAP (not as an impurity) is heated to the boiling point, you must 
demonstrate that it is properly operated according to the procedures 
specified in Sec. 63.1257(d)(2)(i)(C)(4)(ii) and (d)(3)(iii)(B), and 
the demonstration must occur only during the boiling operation. The 
reference in Sec. 63.1257(d)(3)(iii)(B) to the alternative standard in 
Sec. 63.1254(c) means Sec. 63.2505 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.
    (vi) You must conduct a subsequent performance test or compliance 
demonstration equivalent to an initial compliance demonstration within 
180 days of a change in the worst-case conditions.
    (3) Establishing operating limits. You must establish operating 
limits under the conditions required for your initial compliance 
demonstration, except you may elect to establish operating

[[Page 443]]

limit(s) for conditions other than those under which a performance test 
was conducted as specified in paragraph (c)(3)(i) of this section and, 
if applicable, paragraph (c)(3)(ii) of this section.
    (i) 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 for 
a batch process. 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 (c)(3)(i) 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.
    (ii) If you elect to establish separate monitoring levels for 
different emission episodes within a batch process, you must maintain 
records in your daily schedule or log of processes indicating 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. You must maintain a daily schedule or log of processes 
according to Sec. 63.2525(c).
    (4) Averaging periods. As an alternative to the requirement for 
daily averages in Sec. 63.998(b)(3), you may determine averages for 
operating blocks. An operating block is a period of time that is equal 
to the time from the beginning to end of batch process operations within 
a process.
    (5) [Reserved]
    (6) Outlet concentration correction for supplemental gases. If you 
use a control device other than a combustion device to comply with a 
TOC, organic HAP, or hydrogen halide and halogen HAP outlet 
concentration emission limit for batch process vents, you must correct 
the actual concentration for supplemental gases using Equation 1 to this 
paragraph (e)(6); you may use process knowledge and representative 
operating data to determine the fraction of the total flow due to 
supplemental gas.
[GRAPHIC] [TIFF OMITTED] TR10NO03.000

Where:

Ca = corrected outlet TOC, organic HAP, or hydrogen halide 
          and halogen HAP concentration, dry basis, ppmv;
Cm = actual TOC, organic HAP, or hydrogen halide and halogen 
          HAP concentration measured at control device outlet, dry 
          basis, ppmv;
Qa = total volumetric flowrate of all gas streams vented to 
          the control device, except supplemental gases;
Qs = total volumetric flowrate of supplemental gases.

    (7) If flow to a control device could be intermittent, you must 
install, calibrate, and operate a flow indicator at the inlet or outlet 
of the control device to identify periods of no flow. Periods of no flow 
may not be used in daily or block averages, and it may not be used in 
fulfilling a minimum data availability requirement.
    (8) Terminology. When the term ``storage vessel'' is used in subpart 
WW of this part 63, the term ``process tank,'' as defined in Sec. 
63.2550(i), applies for the purposes of this section.
    (9) Requirements for a biofilter. If you use a biofilter to meet 
either the95-percent reduction requirement or outlet concentration 
requirement specified in Table 2 to this subpart, you must meet the 
requirements specified in paragraphs (c)(9)(i) through (vi) of this 
section.
    (i) Operational requirements. The biofilter must be operated at all 
times when emissions are vented to it.
    (ii) Performance tests. To demonstrate initial compliance, you must 
conduct a performance test according to the procedures in Sec. Sec. 
63.2450(g) and 63.997 of subpart SS, and paragraphs (c)(9)(ii)(A) 
through (D) of this section. The design evaluation option for small 
control devices is not applicable if you use a biofilter.
    (A) Keep up-to-date, readily accessible continuous records of either 
the biofilter bed temperature averaged over the full period of the 
performance test or the outlet total organic HAP or TOC concentration 
averaged over the full period of the performance test. Include these 
data in your notification of

[[Page 444]]

compliance status report as required by Sec. 63.999(b)(3)(ii).
    (B) Record either the percent reduction of total organic HAP 
achieved by the biofilter determined as specified in Sec. 
63.997(e)(2)(iv) or the concentration of TOC or total organic HAP 
determined as specified in Sec. 63.997(e)(2)(iii) at the outlet of the 
biofilter, as applicable.
    (C) If you monitor the biofilter bed temperature, you may elect to 
use multiple thermocouples in representative locations throughout the 
biofilter bed and calculate the average biofilter bed temperature across 
these thermocouples prior to reducing the temperature data to 15 minute 
(or shorter) averages for purposes of establishing operating limits for 
the biofilter. If you use multiple thermocouples, include your rationale 
for their site selection in your notification of compliance status 
report.
    (D) Before October 13, 2020, submit a performance test report as 
specified in Sec. 63.999(a)(2)(i) and (ii) and include the records from 
paragraph (c)(9)(ii)(B) of this section. Beginning on and after October 
13, 2020, you must submit a performance test report as specified in 
Sec. 63.2520(f).
    (iii) Monitoring requirements. Use either a biofilter bed 
temperature monitoring device (or multiple devices) capable of providing 
a continuous record or an organic monitoring device capable of providing 
a continuous record. Comply with the requirements in Sec. 
63.2450(e)(4), the general requirements for monitoring in Sec. 63.996, 
and keep records of temperature or other parameter monitoring results as 
specified in Sec. 63.998(b) and (c), as applicable. If you monitor 
temperature, the operating temperature range must be based on only the 
temperatures measured during the performance test; these data may not be 
supplemented by engineering assessments or manufacturer's 
recommendations as otherwise allowed in Sec. 63.999(b)(3)(ii)(A). If 
you establish the operating range (minimum and maximum temperatures) 
using data from previous performance tests in accordance with Sec. 
63.996(c)(6), replacement of the biofilter media with the same type of 
media is not considered a process change under Sec. 63.997(b)(1). You 
may expand your biofilter bed temperature operating range by conducting 
a repeat performance test that demonstrates compliance with the 95-
percent reduction requirement or outlet concentration limit, as 
applicable.
    (iv) Repeat performance tests. You must conduct a repeat performance 
test using the applicable methods specified in Sec. Sec. 63.2450(g) and 
63.997 within 2 years following the previous performance test and within 
150 days after each replacement of any portion of the biofilter bed 
media with a different type of media or each replacement of more than 50 
percent (by volume) of the biofilter bed media with the same type of 
media.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 
FR 40333, July 14, 2006; 85 FR 49139, Aug. 12, 2020]



Sec. 63.2465  What requirements must I meet for process vents
that emit hydrogen halide and halogen HAP or HAP metals?

    (a) You must meet each emission limit in Table 3 to this subpart 
that applies to you, and you must meet each applicable requirement in 
paragraphs (b) through (d) of this section.
    (b) If any process vents within a process emit hydrogen halide and 
halogen HAP, you must determine and sum the uncontrolled hydrogen halide 
and halogen HAP emissions from each of the process vents within the 
process using the procedures specified in Sec. 63.1257(d)(2)(i) and/or 
(ii), as appropriate. When Sec. 63.1257(d)(2)(ii)(E) requires 
documentation to be submitted in the precompliance report, it means the 
notification of compliance status report for the purposes of this 
paragraph.
    (c) If collective uncontrolled hydrogen halide and halogen HAP 
emissions from the process vents within a process are greater than or 
equal to 1,000 pounds per year (lb/yr), you must comply with the 
requirements in Sec. 63.2450(e)(4) and the requirements of Sec. 63.994 
and the requirements referenced therein, except as specified in 
paragraphs (c)(1) through (3) of this section.
    (1) When Sec. 63.994(b)(1) requires a performance test, you may 
elect to conduct a design evaluation in accordance with Sec. 
63.1257(a)(1).

[[Page 445]]

    (2) When Sec. 63.994(b)(1) refers to ``a combustion device followed 
by a halogen scrubber or other halogen reduction device,'' it means any 
combination of control devices used to meet the emission limits 
specified in Table 3 to this subpart.
    (3) Section 63.994(b)(2) does not apply for the purposes of this 
section.
    (d) To demonstrate compliance with the emission limit in Table 3 to 
this subpart for HAP metals at a new source, you must comply with 
paragraphs (d)(1) through (3) of this section.
    (1) Determine the mass emission rate of HAP metals based on process 
knowledge, engineering assessment, or test data.
    (2) Conduct an initial performance test of each control device that 
is used to comply with the emission limit for HAP metals specified in 
Table 3 to this subpart. Conduct the performance test according to the 
procedures in Sec. Sec. 63.2450(g) and 63.997. Use Method 29 of 40 CFR 
part 60, appendix A, to determine the HAP metals at the inlet and outlet 
of each control device, or use Method 5 of 40 CFR part 60, appendix A, 
to determine the total particulate matter (PM) at the inlet and outlet 
of each control device. You may use ASTM D6784-02 (Reapproved 2008) 
(incorporated by reference, see Sec. 63.14) as an alternative to Method 
29 (portion for mercury only) as a method for measuring mercury 
concentrations of 0.5 to 100 micrograms per standard cubic meter. You 
have demonstrated initial compliance if the overall reduction of either 
HAP metals or total PM from the process is greater than or equal to 97 
percent by weight.
    (3) Comply with the monitoring requirements specified in Sec. 
63.1366(b)(1)(xi) for each fabric filter used to control HAP metals.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40334, July 14, 2006; 
85 FR 49140, Aug. 12, 2020]



Sec. 63.2470  What requirements must I meet for storage tanks?

    (a) General. You must meet each emission limit in Table 4 to this 
subpart that applies to your storage tanks, and except as specified in 
paragraph (b) of this section, you must also meet each applicable 
requirement specified in paragraphs (c) through (f) of this section and 
Sec. Sec. 63.2492 and 63.2493(a) through (c).
    (b) General for storage tanks in ethylene oxide service. On and 
after the compliance dates specified in Sec. 63.2445(i), paragraphs (d) 
and (e) of this section do not apply to storage tanks in ethylene oxide 
service as defined in Sec. 63.2550.
    (c) Exceptions to subparts SS and WW of this part. (1) Except as 
specified in paragraph (c)(4)(ii) of this section, 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 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). You must 
also comply with the requirements in Sec. 63.2450(e)(4), as applicable.
    (2) Except as specified in paragraph (c)(4) of this section, when 
the term ``storage vessel'' is used in subparts SS and WW of this part, 
the term ``storage tank,'' as defined in Sec. 63.2550 applies for the 
purposes of this subpart.
    (3) For adsorbers that cannot be regenerated or regenerative 
adsorbers that are regenerated offsite, you must comply with the 
monitoring requirements in Sec. 63.2450(e)(7) in lieu of Sec. 
63.995(c).
    (4) Beginning no later than the compliance dates specified in Sec. 
63.2445(i), you must comply with paragraphs (c)(4)(i) and (ii) of this 
section.
    (i) The exemptions for ``vessels storing organic liquids that 
contain HAP only as impurities'' and ``pressure vessels designed to 
operate in excess of 204.9 kilopascals and without emissions to the 
atmosphere'' listed in the definition of ``storage tank'' in Sec. 
63.2550 do not apply for storage tanks in ethylene oxide service.
    (ii) For storage tanks in ethylene oxide service as defined in Sec. 
63.2550, you may not use a design evaluation to determine the percent 
reduction of any control device that is used to comply with an emission 
limit specified in Table 4 to this subpart.

[[Page 446]]

    (d) Planned routine maintenance. The emission limits in Table 4 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 4 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 limit is exceeded 
and the control device is again operational, and it must be submitted at 
least 60 days before the 240-hr limit will be exceeded.
    (e) Vapor balancing alternative. As an alternative to the emission 
limits specified in Table 4 to this subpart, you may elect to implement 
vapor balancing in accordance with Sec. 63.1253(f), except as specified 
in paragraphs (e)(1) through (3) of this section.
    (1) When Sec. 63.1253(f)(6)(i) refers to a 90 percent reduction, 95 
percent applies for the purposes of this subpart.
    (2) To comply with Sec. 63.1253(f)(6)(i), the owner or operator of 
an offsite cleaning or reloading facility must comply with Sec. Sec. 
63.2445 through 63.2550 instead of complying with Sec. 
63.1253(f)(7)(ii), except as specified in paragraph (e)(2)(i) or (ii) of 
this section.
    (i) The reporting requirements in Sec. 63.2520 do not apply to the 
owner or operator of the offsite cleaning or reloading facility.
    (ii) As an alternative to complying with the monitoring, 
recordkeeping, and reporting provisions in Sec. Sec. 63.2445 through 
63.2550, the owner or operator of an offsite cleaning or reloading 
facility may comply as specified in Sec. 63.2535(a)(2) with any other 
subpart of this part 63 which has monitoring, recordkeeping, and 
reporting provisions as specified in Sec. 63.2535(a)(2).
    (3) 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.
    (4) You may comply with the vapor balancing alternative in Sec. 
63.1253(f) when your storage tank is filled from a barge. All 
requirements for tank trucks and railcars specified in Sec. 63.1253(f) 
also apply to barges, except as specified in Sec. 63.2470(e)(4)(i).
    (i) When Sec. 63.1253(f)(2) refers to pressure testing 
certifications, the requirements in 40 CFR 61.304(f) apply for barges.
    (ii) [Reserved]
    (f) Storage tank degassing. Beginning no later than the compliance 
dates specified in Sec. 63.2445(g), for each storage tank subject to 
item 1 of Table 4 to this subpart, you must comply with paragraphs 
(f)(1) through (3) of this section during storage tank shutdown 
operations (i.e., emptying and degassing of a storage tank) until the 
vapor space concentration in the storage tank is less than 10 percent of 
the LEL. You must determine the LEL using process instrumentation or 
portable measurement devices and follow procedures for calibration and 
maintenance according to manufacturer's specifications.
    (1) Remove liquids from the storage tank as much as practicable.
    (2) Comply with one of the following:
    (i) Reduce emissions of total organic HAP by venting emissions 
through a closed vent system to a flare.
    (ii) Reduce emissions of total organic HAP by 95 weight-percent by 
venting emissions through a closed vent system to any combination of 
non-flare control devices.
    (iii) Reduce emissions of total organic HAP by routing emissions to 
a fuel gas system or process and meet the requirements specified in 
Sec. 63.982(d) and the applicable requirements in Sec. 63.2450(e)(4).
    (3) Maintain records necessary to demonstrate compliance with the 
requirements in Sec. 63.2450(u) including, if appropriate, records of 
existing standard site procedures used to empty and degas (deinventory) 
equipment for safety purposes.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 
FR 40335, July 14, 2006; 85 FR 49140, Aug. 12, 2020]

[[Page 447]]



Sec. 63.2475  What requirements must I meet for transfer racks?

    (a) You must comply with each emission limit and work practice 
standard in Table 5 to this subpart that applies to your transfer racks, 
and you must meet each applicable requirement in paragraph (b) of this 
section.
    (b) When the term ``high throughput transfer rack'' is used in 
subpart SS of this part 63, the term ``Group 1 transfer rack,'' as 
defined in Sec. 63.2550, applies for the purposes of this subpart.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40335, July 14, 2006; 
85 FR 49141, Aug. 12, 2020]



Sec. 63.2480  What requirements must I meet for equipment leaks?

    (a) You must meet each requirement in Table 6 to this subpart that 
applies to your equipment leaks, except as specified in paragraphs (b) 
through (f) of this section. For each light liquid pump, valve, and 
connector in ethylene oxide service as defined in Sec. 63.2550(i), you 
must also meet the applicable requirements specified in Sec. Sec. 
63.2492 and 63.2493(d) and (e).
    (b) Except as specified in paragraphs (b)(6) and (7) of this 
section, if you comply with either subpart H or UU of this part, you may 
elect to comply with the provisions in paragraphs (b)(1) through (5) of 
this section as an alternative to the referenced provisions in subpart H 
or UU of this part.
    (1) The requirements for pressure testing in Sec. 63.178(b) or 
Sec. 63.1036(b) may be applied to all processes, not just batch 
processes.
    (2) For the purposes of this subpart, pressure testing for leaks in 
accordance with Sec. 63.178(b) or Sec. 63.1036(b) is not required 
after reconfiguration of an equipment train if flexible hose connections 
are the only disturbed equipment.
    (3) For an existing source, you are not required to develop an 
initial list of identification numbers for connectors as would otherwise 
be required under Sec. 63.1022(b)(1) or Sec. 63.181(b)(1)(i).
    (4) For connectors in gas/vapor and light liquid service at an 
existing source, you may elect to comply with the requirements in Sec. 
63.169 or Sec. 63.1029 for connectors in heavy liquid service, 
including all associated recordkeeping and reporting requirements, 
rather than the requirements of Sec. 63.174 or Sec. 63.1027.
    (5) Except as specified in paragraph (b)(6) of this section, for 
pumps in light liquid service in an MCPU that has no continuous process 
vents and is part of an existing source, you may elect to consider the 
leak definition that defines a leak to be 10,000 parts per million (ppm) 
or greater as an alternative to the values specified in Sec. 
63.1026(b)(2)(i) through (iii) or Sec. 63.163(b)(2).
    (6) Beginning no later than the compliance dates specified in Sec. 
63.2445(h), paragraph (b)(5) of this section no longer applies.
    (7) For each piece of equipment that is subject to Table 6 to this 
subpart and is also subject to periodic monitoring with EPA Method 21 of 
40 CFR part 60, appendix A-7, and is added to an affected source after 
December 17, 2019, or replaces equipment at an affected source after 
December 17, 2019, you must initially monitor for leaks within 30 days 
after August 12, 2020, or initial startup of the equipment, whichever is 
later. Equipment that is designated as unsafe- or difficult-to-monitor 
is not subject to this paragraph (b)(7).
    (c) Except as specified in paragraphs (c)(10) and (11) of this 
section, if you comply with 40 CFR part 65, subpart F, you may elect to 
comply with the provisions in paragraphs (c)(1) through (9) of this 
section as an alternative to the referenced provisions in 40 CFR part 
65, subpart F.
    (1) The requirements for pressure testing in Sec. 65.117(b) may be 
applied to all processes, not just batch processes.
    (2) For the purposes of this subpart, pressure testing for leaks in 
accordance with Sec. 65.117(b) is not required after reconfiguration of 
an equipment train if flexible hose connections are the only disturbed 
equipment.
    (3) For an existing source, you are not required to develop an 
initial list of identification numbers for connectors as would otherwise 
be required under Sec. 65.103(b)(1).
    (4) You may elect to comply with the monitoring and repair 
requirements specified in Sec. 65.108(e)(3) as an alternative to the 
requirements specified in

[[Page 448]]

Sec. 65.108(a) through (d) for any connectors at your affected source.
    (5) Except as specified in paragraph (c)(10) of this section, for 
pumps in light liquid service in an MCPU that has no continuous process 
vents and is part of an existing source, you may elect to consider the 
leak definition that defines a leak to be 10,000 ppm or greater as an 
alternative to the values specified in Sec. 65.107(b)(2)(i) through 
(iii) of this chapter.
    (6) When 40 CFR part 65, subpart F refers to the implementation date 
specified in Sec. 65.1(f), it means the compliance date specified in 
Sec. 63.2445.
    (7) When Sec. Sec. 65.105(f) and 65.117(d)(3) refer to Sec. 65.4, 
it means Sec. 63.2525.
    (8) When Sec. 65.120(a) refers to Sec. 65.5(d), it means Sec. 
63.2515.
    (9) When Sec. 65.120(b) refers to Sec. 65.5(e), it means Sec. 
63.2520.
    (10) Beginning no later than the compliance dates specified in Sec. 
63.2445(h), paragraph (c)(5) of this section no longer applies.
    (11) For each piece of equipment that is subject to Table 6 to this 
subpart and is also subject to periodic monitoring with EPA Method 21 of 
40 CFR part 60, appendix A-7, and is added to an affected source after 
December 17, 2019, or replaces equipment at an affected source after 
December 17, 2019, you must initially monitor for leaks within 30 days 
after August 12, 2020, or initial startup of the equipment, whichever is 
later. Equipment that is designated as unsafe- or difficult-to-monitor 
is not subject to this paragraph (c)(11).
    (d) The provisions of this section do not apply to bench-scale 
processes, regardless of whether the processes are located at the same 
plant site as a process subject to the provisions of this subpart.
    (e) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), except as specified in paragraph (e)(4) of this section, you 
must comply with the requirements specified in paragraphs (e)(1) and (2) 
of this section for pressure relief devices, such as relief valves or 
rupture disks, in organic HAP gas or vapor service instead of the 
pressure relief device requirements of Sec. 63.1030 of subpart UU, 
Sec. 63.165 of subpart H, or Sec. 65.111 of this chapter. Except as 
specified in paragraphs (e)(4) and (5) of this section, you must also 
comply with the requirements specified in paragraphs (e)(3), (6), (7), 
and (8) of this section for all pressure relief devices in organic HAP 
service.
    (1) Operating requirements. Except during a pressure release, 
operate each pressure relief device in organic HAP gas or vapor service 
with an instrument reading of less than 500 ppm above background as 
measured by the method in Sec. 63.1023(b) of subpart UU, Sec. 
63.180(c) of subpart H, or Sec. 65.104(b) of this chapter.
    (2) Pressure release requirements. For pressure relief devices in 
organic HAP gas or vapor service, you must comply with the applicable 
requirements paragraphs (e)(2)(i) through (iii) of this section 
following a pressure release.
    (i) If the pressure relief device does not consist of or include a 
rupture disk, conduct instrument monitoring, as specified in Sec. 
63.1023(b) of subpart UU, Sec. 63.180(c) of subpart H, or Sec. 
65.104(b) of this chapter, no later than 5 calendar days after the 
pressure relief device returns to organic HAP gas or vapor service 
following a pressure release to verify that the pressure relief device 
is operating with an instrument reading of less than 500 ppm.
    (ii) If the pressure relief device includes a rupture disk, either 
comply with the requirements in paragraph (e)(2)(i) of this section (and 
do not replace the rupture disk) or install a replacement disk as soon 
as practicable after a pressure release, but no later than 5 calendar 
days after the pressure release. You must conduct instrument monitoring, 
as specified in Sec. 63.1023(b) of subpart UU, Sec. 63.180(c) of 
subpart H, or Sec. 65.104(b) of this chapter, no later than 5 calendar 
days after the pressure relief device returns to organic HAP gas or 
vapor service following a pressure release to verify that the pressure 
relief device is operating with an instrument reading of less than 500 
ppm.
    (iii) If the pressure relief device consists only of a rupture disk, 
install a replacement disk as soon as practicable after a pressure 
release, but no later than 5 calendar days after the pressure release. 
You must not initiate startup of the equipment served by the rupture 
disk until the rupture disc is

[[Page 449]]

replaced. You must conduct instrument monitoring, as specified in Sec. 
63.1023(b) of subpart UU, Sec. 63.180(c) of subpart H, or Sec. 
65.104(b) of this chapter, no later than 5 calendar days after the 
pressure relief device returns to organic HAP gas or vapor service 
following a pressure release to verify that the pressure relief device 
is operating with an instrument reading of less than 500 ppm.
    (3) Pressure release management. Except as specified in paragraphs 
(e)(4) and (5) of this section, you must comply with the requirements 
specified in paragraphs (e)(3)(i) through (v) of this section for all 
pressure relief devices in organic HAP service.
    (i) You must equip each affected pressure relief device with a 
device(s) or use a monitoring system that is capable of:
    (A) Identifying the pressure release;
    (B) Recording the time and duration of each pressure release; and
    (C) Notifying operators immediately that a pressure release is 
occurring. The device or monitoring system must be either specific to 
the pressure relief device itself or must be associated with the process 
system or piping, sufficient to indicate a pressure release to the 
atmosphere. Examples of these types of devices and systems include, but 
are not limited to, a rupture disk indicator, magnetic sensor, motion 
detector on the pressure relief valve stem, flow monitor, or pressure 
monitor.
    (ii) You must apply at least three redundant prevention measures to 
each affected pressure relief device and document these measures. 
Examples of prevention measures include:
    (A) Flow, temperature, liquid level and pressure indicators with 
deadman switches, monitors, or automatic actuators. Independent, non-
duplicative systems within this category count as separate redundant 
prevention measures.
    (B) Documented routine inspection and maintenance programs and/or 
operator training (maintenance programs and operator training may count 
as only one redundant prevention measure).
    (C) Inherently safer designs or safety instrumentation systems.
    (D) Deluge systems.
    (E) Staged relief system where the initial pressure relief device 
(with lower set release pressure) discharges to a flare or other closed 
vent system and control device.
    (iii) If any affected pressure relief device releases to atmosphere 
as a result of a pressure release event, you must perform root cause 
analysis and corrective action analysis according to the requirement in 
paragraph (e)(6) of this section and implement corrective actions 
according to the requirements in paragraph (e)(7) of this section. You 
must also calculate the quantity of organic HAP released during each 
pressure release event and report this quantity as required in Sec. 
63.2520(e)(15). Calculations may be based on data from the pressure 
relief device monitoring alone or in combination with process parameter 
monitoring data and process knowledge.
    (iv) You must determine the total number of release events that 
occurred during the calendar year for each affected pressure relief 
device separately. You must also determine the total number of release 
events for each pressure relief device for which the root cause analysis 
concluded that the root cause was a force majeure event, as defined in 
Sec. 63.2550.
    (v) Except for pressure relief devices described in paragraphs 
(e)(4) and (5) of this section, the following release events from an 
affected pressure relief device are a deviation of the pressure release 
management work practice standards.
    (A) Any release event for which the root cause of the event was 
determined to be operator error or poor maintenance.
    (B) A second release event not including force majeure events from a 
single pressure relief device in a 3 calendar year period for the same 
root cause for the same equipment.
    (C) A third release event not including force majeure events from a 
single pressure relief device in a 3 calendar year period for any 
reason.
    (4) Pressure relief devices routed to a control device, process, 
fuel gas system, or drain system. (i) If all releases and potential 
leaks from a pressure relief device are routed through a closed vent 
system to a control device, back into

[[Page 450]]

the process, to the fuel gas system, or to a drain system, then you are 
not required to comply with paragraph (e)(1), (2), or (3) of this 
section.
    (ii) Before the compliance dates specified in Sec. 63.2445(g), both 
the closed vent system and control device (if applicable) referenced in 
paragraph (e)(4)(i) of this section must meet the applicable 
requirements specified in Sec. 63.982(b) and (c)(2) of subpart SS. 
Beginning no later than the compliance dates specified in Sec. 
63.2445(g), both the closed vent system and control device (if 
applicable) referenced in paragraph (e)(4)(i) of this section must meet 
the applicable requirements specified in Sec. Sec. 63.982(c)(2), 
63.983, and 63.2450(e)(4) through (6).
    (iii) The drain system (if applicable) referenced in paragraph 
(e)(4)(i) must meet the applicable requirements specified in Sec. 
63.2485(e).
    (5) Pressure relief devices exempted from pressure release 
management requirements. The following types of pressure relief devices 
are not subject to the pressure release management requirements in 
paragraph (e)(3) of this section.
    (i) Pressure relief devices in heavy liquid service, as defined in 
Sec. 63.1020 of subpart UU or Sec. 65.103(f) of this chapter.
    (ii) Thermal expansion relief valves.
    (iii) Pressure relief devices on mobile equipment.
    (iv) 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.
    (v) Balanced bellows pressure relief devices where the primary 
release valve is routed through a closed vent system to a control device 
or back into the process, to the fuel gas system, or to a drain system.
    (6) Root cause analysis and corrective action analysis. A root cause 
analysis and corrective action analysis must be completed as soon as 
possible, but no later than 45 days after a release event. Special 
circumstances affecting the number of root cause analyses and/or 
corrective action analyses are provided in paragraphs (e)(6)(i) through 
(iii) of this section.
    (i) You may conduct a single root cause analysis and corrective 
action analysis for a single emergency event that causes two or more 
pressure relief devices installed on the same equipment to release.
    (ii) You may conduct a single root cause analysis and corrective 
action analysis for a single emergency event that causes two or more 
pressure relief devices to release, regardless of the equipment served, 
if the root cause is reasonably expected to be a force majeure event, as 
defined in Sec. 63.2550.
    (iii) Except as provided in paragraphs (e)(6)(i) and (ii) of this 
section, if more than one pressure relief device has a release during 
the same time period, an initial root cause analysis must be conducted 
separately for each pressure relief device that had a release. If the 
initial root cause analysis indicates that the release events have the 
same root cause(s), the initially separate root cause analyses may be 
recorded as a single root cause analysis and a single corrective action 
analysis may be conducted.
    (7) Corrective action implementation. You must conduct a root cause 
analysis and corrective action analysis as specified in paragraphs 
(e)(3)(iii) and (e)(6) of this section, and you must implement the 
corrective action(s) identified in the corrective action analysis in 
accordance with the applicable requirements in paragraphs (e)(7)(i) 
through (iii) of this section.
    (i) All corrective action(s) must be implemented within 45 days of 
the event for which the root cause and corrective action analyses were 
required or as soon thereafter as practicable. If you conclude that no 
corrective action should be implemented, you must record and explain the 
basis for that conclusion no later than 45 days following the event.
    (ii) For corrective actions that cannot be fully implemented within 
45 days following the event for which the root cause and corrective 
action analyses were required, you must develop an implementation 
schedule to complete the corrective action(s) as soon as practicable.
    (iii) No later than 45 days following the event for which a root 
cause and corrective action analyses were required, you must record the 
corrective action(s) completed to date, and, for

[[Page 451]]

action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates.
    (8) Flowing pilot-operated pressure relief devices. For affected 
sources that commenced construction or reconstruction on or before 
December 17, 2019, you are prohibited from installing a flowing pilot-
operated pressure relief device or replacing any pressure relief device 
with a flowing pilot-operated pressure relief device after August 12, 
2023. For affected sources that commenced construction or reconstruction 
after December 17, 2019, you are prohibited from installing and 
operating flowing pilot-operated pressure relief devices. For purpose of 
compliance with this paragraph (e)(8), a flowing pilot-operated pressure 
relief device means the type of pilot-operated pressure relief device 
where the pilot discharge vent continuously releases emissions to the 
atmosphere when the pressure relief device is actuated.
    (f) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), the referenced provisions specified in paragraphs (f)(1) 
through (18) of this section do not apply when demonstrating compliance 
with this section.
    (1) Section 63.163(c)(3) of subpart H.
    (2) Section 63.172(j)(3) of subpart H.
    (3) The second sentence of Sec. 63.181(d)(5)(i) of subpart H.
    (4) The phrase ``may be included as part of the startup, shutdown, 
and malfunction plan, as required by the referencing subpart for the 
source, or'' from Sec. 63.1024(f)(4)(i) of subpart UU.
    (5) Section 63.1026(b)(3) of subpart UU.
    (6) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec. 63.1026(e)(1)(ii)(A) of subpart UU.
    (7) The phrase ``(except during periods of startup, shutdown, or 
malfunction)'' from Sec. 63.1028(e)(1)(i)(A) of subpart UU.
    (8) The phrase ``(except during periods of startup, shutdown, or 
malfunction)'' from Sec. 63.1031(b)(1) of subpart UU.
    (9) The second sentence of Sec. 65.105(f)(4)(i) of this chapter.
    (10) Section 65.107(b)(3) of this chapter.
    (11) The phrase ``(except periods of start-up, shutdown, or 
malfunction)'' from Sec. 65.107(e)(1)(ii)(A) of this chapter.
    (12) The phrase ``(except during periods of start-up, shutdown, or 
malfunction)'' from Sec. 65.109(e)(1)(i)(A) of this chapter.
    (13) The phrase ``(except during periods of start-up, shutdown, or 
malfunction)'' from Sec. 65.112(b)(1) of this chapter.
    (14) The last sentence of Sec. 65.115(b)(1) of this chapter.
    (15) The last sentence of Sec. 65.115(b)(2) of this chapter.
    (16) The phrase ``Except for pressure relief devices needed for 
safety purposes, low leg drains, high point bleeds, analyzer vents, and 
open-ended valves or lines'' in Sec. 65.143(a)(3) of this chapter.
    (17) For flares complying with Sec. 63.2450(e)(5), the following 
provisions do not apply:
    (i) Section 63.172(d) of subpart H;
    (ii) Section 63.180(e) of subpart H;
    (iii) Section 63.181(g)(1)(iii) of subpart H;
    (iv) The phrase ``including periods when a flare pilot light system 
does not have a flame'' from Sec. 63.181(g)(2)(i) of subpart H;
    (v) Section 63.1034(b)(2)(iii) of subpart UU; and
    (vi) Section 65.115(b)(2) of this chapter.
    (18) For pressure relief devices complying with Sec. 63.2480(e), 
the following provisions are modified as follows:
    (i) In the introductory text of Sec. 63.180(c), replace the 
reference to Sec. 63.165(a) with Sec. 63.2480(e)(1).
    (ii) In Sec. 63.181(b)(2)(i), replace the reference to Sec. 
63.165(c) with Sec. 63.2480(e)(4).
    (iii) In Sec. 63.181(b)(2)(i), replace the reference to Sec. 
63.165(a) with Sec. 63.2480(e)(1).
    (iv) In Sec. 63.181(b)(3)(ii), replace the reference to Sec. 
63.165(d) with Sec. 63.2480(e)(2)(ii) and (iii).
    (v) In Sec. 63.181(f), replace the reference to Sec. 63.165(a) and 
(b) with Sec. 63.2480(e)(1) and (2).
    (vi) The information required to be reported under Sec. 
63.182(d)(2)(xiv) is now required to be reported under Sec. 
63.2520(e)(15)(i) through (iii).
    (vii) The reference to Sec. 63.1030(b) in Sec. 63.1021(a) no 
longer applies.
    (viii) In Sec. 63.1022(b)(2), replace the reference to Sec. 
63.1030(d) with Sec. 63.2480(e)(4).

[[Page 452]]

    (ix) In Sec. 63.1022(b)(3), replace the reference to Sec. 
63.1030(e) with Sec. 63.2480(e)(2)(ii).
    (x) The reference to Sec. 63.1030(c) in Sec. 63.1022(a)(1)(v) no 
longer applies. Instead comply with the Sec. 63.2480(e)(1) and (2).
    (xi) In Sec. 63.1023(c) introductory text and (c)(4), replace the 
reference to Sec. 63.1030(b) with Sec. 63.2480(e)(1).
    (xii) In Sec. 63.1038(c) replace the reference to Sec. 
63.1030(c)(3) with Sec. 63.2480(e)(2).
    (xiii) The information required to be reported under Sec. 
63.1039(b)(4) is now required to be reported under Sec. 
63.2520(e)(15)(i) and (ii).
    (xiv) The reference to Sec. 65.111(b) of this chapter in Sec. 
65.102(a) of this chapter no longer applies.
    (xv) In Sec. 65.103(b)(3) of this chapter, replace the reference to 
Sec. 65.111(d) with Sec. 63.2480(e)(4).
    (xvi) In Sec. 65.103(b)(4) of this chapter, replace the reference 
to Sec. 63.111(e) with Sec. 63.2480(e)(2)(ii).
    (xvii) The reference to Sec. 65.111(b) and (c) of this chapter in 
Sec. 65.104(a)(1)(iv) of this chapter no longer applies. Instead comply 
with Sec. 63.2480(e)(1) and (2).
    (xviii) In Sec. 65.104(c) introductory text and (c)(4) of this 
chapter, replace the reference to Sec. 63.111(b) with Sec. 
63.2480(e)(1).
    (xix) In Sec. 65.119(c)(5) of this chapter, replace the reference 
to Sec. 65.111(c)(3) with Sec. 63.2480(e)(2) and replace the reference 
to Sec. 65.111(e) with Sec. 63.2480(e)(2)(ii) and (iii).
    (xx) The information required to be reported under Sec. 
65.120(b)(4) of this chapter is now required to be reported under Sec. 
63.2520(e)(15)(i) and (ii).

[71 FR 40335, July 14, 2006, as amended at 85 FR 49141, Aug. 12, 2020]



Sec. 63.2485  What requirements must I meet for wastewater streams
and liquid streams in open systems within an MCPU?

    (a) General. You must meet each requirement in Table 7 to this 
subpart that applies to your wastewater streams and liquid streams in 
open systems within an MCPU, except as specified in paragraphs (b) 
through (q) of this section.
    (b) Wastewater HAP. Where Sec. 63.105 and Sec. Sec. 63.132 through 
63.148 refer to compounds in table 9 of subpart G of this part 63, the 
compounds in tables 8 and 9 to this subpart apply for the purposes of 
this subpart.
    (c) Group 1 wastewater. Section 63.132(c)(1) (i) and (ii) do not 
apply. For the purposes of this subpart, a process wastewater stream is 
Group 1 for compounds in tables 8 and 9 to this subpart if any of the 
conditions specified in paragraphs (c) (1) through (3) of this section 
are met.
    (1) The total annual average concentration of compounds in table 8 
to this subpart is greater than or equal to 10,000 ppmw at any flowrate, 
and the total annual load of compounds in table 8 to this subpart is 
greater than or equal to 200 lb/yr.
    (2) The total annual average concentration of compounds in table 8 
to this subpart is greater than or equal to 1,000 ppmw, and the annual 
average flowrate is greater than or equal to 1 l/min.
    (3) The combined total annual average concentration of compounds in 
tables 8 and 9 to this subpart is greater than or equal to 30,000 ppmw, 
and the combined total annual load of compounds in tables 8 and 9 to 
this subpart is greater than or equal to 1 tpy.
    (d) Wastewater tank requirements. (1) When Sec. Sec. 63.133 and 
63.147 reference floating roof requirements in Sec. Sec. 63.119 and 
63.120, the corresponding requirements in subpart WW of this part 63 may 
be applied for the purposes of this subpart.
    (2) When Sec. 63.133(a) refers to table 10 of subpart G of this 
part 63, the maximum true vapor pressure in the table shall be limited 
to the HAP listed in tables 8 and 9 of this subpart FFFF.
    (3) For the purposes of this subpart, the requirements of Sec. 
63.133(a)(2) are satisfied by operating and maintaining a fixed roof if 
you demonstrate that the total soluble and partially soluble HAP 
emissions from the wastewater tank are no more than 5 percent higher 
than the emissions would be if the contents of the wastewater tank were 
not heated, treated by an exothermic reaction, or sparged.
    (4) The emission limits specified in Sec. Sec. 63.133(b)(2) and 
63.139 for control devices used to control emissions from wastewater 
tanks do not apply during

[[Page 453]]

periods of planned routine maintenance of the control device(s) of no 
more than 240 hr/yr. You may request an extension to a total of 360 hr/
yr in accordance with the procedures specified in Sec. 63.2470(d).
    (e) Individual drain systems. The provisions of Sec. 63.136(e)(3) 
apply except as specified in paragraph (e)(1) of this section.
    (1) A sewer line connected to drains that are in compliance with 
Sec. 63.136(e)(1) may be vented to the atmosphere, provided that the 
sewer line entrance to the first downstream junction box is water sealed 
and the sewer line vent pipe is designed as specified in Sec. 
63.136(e)(2)(ii)(A).
    (2) [Reserved]
    (f) Closed-vent system requirements. Except as specified in Sec. 
63.2450(e)(6), when Sec. 63.148(k) refers to closed vent systems that 
are subject to the requirements of Sec. 63.172, the requirements of 
either Sec. 63.172 or Sec. 63.1034 apply for the purposes of this 
subpart.
    (g) Halogenated vent stream requirements. For each halogenated vent 
stream from a Group 1 wastewater stream or residual removed from a Group 
1 wastewater stream that is vented through a closed-vent system to a 
combustion device to reduce organic HAP emissions, you must meet the 
same emission limits as specified for batch process vents in item 2 of 
table 2 to this subpart.
    (h) Alternative test methods. (1) 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).
    (2) 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 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.
    (3) As an alternative to using Method 18 of 40 CFR part 60, as 
specified in Sec. Sec. 63.139(c)(1)(ii) and 63.145(i)(2), you may elect 
to use Method 25A of 40 CFR part 60 as specified in Sec. 63.997.
    (4) As an alternative to using EPA Method 624 of 40 CFR part 136, 
appendix A, as specified in Sec. 63.144(b)(5)(i)(C), you may use ASTM 
D5790-95 (Reapproved 2012) (incorporated by reference, see Sec. 63.14) 
for the analysis of total organic HAP in wastewater samples. If you 
choose to use ASTM D5790-95 (Reapproved 2012), then you must also use 
the sampling procedures of EPA Method 25D 40 CFR part 60, appendix A-7, 
or an equivalent method.
    (i) Offsite management and treatment option. (1) If you ship 
wastewater to an offsite treatment facility that meets the requirements 
of Sec. 63.138(h), you may elect to document in your notification of 
compliance status report that the wastewater will be treated as 
hazardous waste at a facility that meets the requirements of Sec. 
63.138(h) as an alternative to having the offsite facility submit the 
certification specified in Sec. 63.132(g)(2).
    (2) As an alternative to the management and treatment options 
specified in Sec. 63.132(g)(2), any affected wastewater stream (or 
residual removed from an affected wastewater stream) with a total annual 
average concentration of compounds in Table 8 to this subpart less than 
50 ppmw may be transferred offsite in accordance with paragraphs (i)(2) 
(i) and (ii) of this section.
    (i) The transferee (or you) must demonstrate that less than 5 
percent of the HAP in Table 9 to this subpart is emitted from the waste 
management units up to the activated sludge unit.
    (ii) The transferee must treat the wastewater stream or residual in 
a biological treatment unit in accordance with the requirement in 
paragraph (i)(2)(iii) of this section and the requirements of Sec. Sec. 
63.138 and 63.145 and the requirements referenced therein.
    (iii) Beginning no later than the compliance dates specified in 
Sec. 63.2445(g), the requirement of Sec. 63.145(a)(3) no longer 
applies. Instead, the transferee must comply with the conditions 
specified in Sec. 63.2450(g)(6).
    (j) You must determine the annual average concentration and annual 
average flowrate for wastewater streams for each MCPU. The procedures 
for flexible operation units specified in Sec. 63.144 (b) and (c) do 
not apply for the purposes of this subpart.

[[Page 454]]

    (k) Outlet concentration correction for supplemental gases. The 
requirement to correct outlet concentrations from combustion devices to 
3-percent oxygen in Sec. Sec. 63.139(c)(1)(ii) and 63.145(i)(6) applies 
only if supplemental gases are combined with a vent stream from a Group 
1 wastewater stream. If emissions are controlled with a vapor recovery 
system as specified in Sec. 63.139(c)(2), you must correct for 
supplemental gases as specified in Sec. 63.2460(c)(6).
    (l) Requirements for liquid streams in open systems. (1) References 
in Sec. 63.149 to Sec. 63.100(b) mean Sec. 63.2435(b) for the 
purposes of this subpart.
    (2) When Sec. 63.149(e) refers to 40 CFR 63.100(l) (1) or (2), 
Sec. 63.2445(a) applies for the purposes of this subpart.
    (3) When Sec. 63.149 uses the term ``chemical manufacturing process 
unit,'' the term ``MCPU'' applies for the purposes of this subpart.
    (4) When Sec. 63.149(e)(1) refers to characteristics of water that 
contain compounds in Table 9 to 40 CFR part 63, subpart G, the 
characteristics specified in paragraphs (c) (1) through (3) of this 
section apply for the purposes of this subpart.
    (5) When Sec. 63.149(e)(2) refers to characteristics of water that 
contain compounds in Table 9 to 40 CFR part 63, subpart G, the 
characteristics specified in paragraph (c)(2) of this section apply for 
the purposes of this subpart.
    (m) When Sec. 63.132(f) refers to ``a concentration of greater than 
10,000 ppmw of table 9 compounds,'' the phrase ``a concentration of 
greater than 30,000 ppmw of total partially soluble HAP (PSHAP) and 
soluble HAP (SHAP) or greater than 10,000 ppmw of PSHAP'' shall apply 
for the purposes of this subpart.
    (n) Alternative requirements for wastewater that is Group 1 for 
soluble HAP only. The option specified in this paragraph (n) applies to 
wastewater that is Group 1 for soluble HAP in accordance with paragraph 
(c)(3) of this section and is discharged to biological treatment. Except 
as provided in paragraph (n)(4) of this section, this option does not 
apply to wastewater that is Group 1 for partially soluble HAP in 
accordance with paragraph (c)(1), (c)(2), or (c)(4) of this section. For 
wastewater that is Group 1 for SHAP, you need not comply with Sec. Sec. 
63.133 through 63.137 for any equalization unit, neutralization unit, 
and/or clarifier prior to the activated sludge unit, and you need not 
comply with the venting requirements in Sec. 63.136(e)(2)(ii)(A) for 
lift stations with a volume larger than 10,000 gal, provided you comply 
with the requirements specified in paragraphs (n)(1) through (3) of this 
section and all otherwise applicable requirements specified in table 7 
to this subpart. For this option, the treatment requirements in Sec. 
63.138 and the performance testing requirements in Sec. 63.145 do not 
apply to the biological treatment unit, except as specified in 
paragraphs (n)(2)(i) through (iv) of this section.
    (1) Wastewater must be hard-piped between the equalization unit, 
clarifier, and activated sludge unit. This requirement does not apply to 
the transfer between any of these types of units that are part of the 
same structure and one unit overflows into the next.
    (2) Calculate the destruction efficiency of the biological treatment 
unit using Equation 1 to this paragraph (n)(2) in accordance with the 
procedures described in paragraphs (n)(2)(i) through (viii) of this 
section. You have demonstrated initial compliance if E is greater than 
or equal to 90 percent.
[GRAPHIC] [TIFF OMITTED] TR14JY06.031

Where:

E = destruction efficiency of total PSHAP and SHAP for the biological 
          treatment unit including the equalization unit, neutralization 
          unit, and/or clarifier, percent;
QMWa = mass flow rate of total PSHAP and SHAP compounds 
          entering the equalization unit (or whichever of the three

[[Page 455]]

          types of units is first), kilograms per hour (kg/hr);
QMGe = mass flow rate of total PSHAP and SHAP compounds 
          emitted from the equalization unit, kg/hr;
QMGn = mass flow rate of total PSHAP and SHAP compounds 
          emitted from the neutralization unit, kg/hr;
QMGc = mass flow rate of total PSHAP and SHAP compounds 
          emitted from the clarifier, kg/hr
Fbio = site-specific fraction of PSHAP and SHAP compounds 
          biodegraded in the biological treatment unit.

    (i) Include all PSHAP and SHAP compounds in both Group 1 and Group 2 
wastewater streams from all MCPU, except you may exclude any compounds 
that meet the criteria specified in Sec. 63.145(a)(6)(ii) or (iii).
    (ii) Except as specified in paragraph (n)(2)(vii) of this section, 
conduct the demonstration under representative process unit and 
treatment unit operating conditions in accordance with Sec. 
63.145(a)(3) and (4).
    (iii) Determine PSHAP and SHAP concentrations and the total 
wastewater flow rate at the inlet to the equalization unit in accordance 
with Sec. 63.145(f)(1) and (2). References in Sec. 63.145(f)(1) and 
(2) to required mass removal and actual mass removal do not apply for 
the purposes of this section.
    (iv) Determine Fbio for the activated sludge unit as 
specified in Sec. 63.145(h), except as specified in paragraph 
(n)(2)(iv)(A) or paragraph (n)(2)(iv)(B) of this section.
    (A) If the biological treatment process meets both of the 
requirements specified in Sec. 63.145(h)(1)(i) and (ii), you may elect 
to replace the Fbio term in Equation 1 to paragraph (n)(2) of 
this section with the numeral ``1.''
    (B) You may elect to assume fbio is zero for any 
compounds on List 2 of table 36 in subpart G.
    (v) Determine QMGe, QMGn, and QMGc 
using EPA's WATER9 model or the most recent update to this model, and 
conduct testing or use other procedures to validate the modeling 
results.
    (vi) Submit the data and results of your demonstration, including 
both a description of and the results of your WATER9 modeling validation 
procedures, in your notification of compliance status report as 
specified in Sec. 63.2520(d)(2)(ii).
    (vii) Beginning no later than the compliance dates specified in 
Sec. 63.2445(g), the requirement of Sec. 63.145(a)(3) no longer 
applies. Instead, you must comply with the conditions specified in Sec. 
63.2450(g)(6).
    (3) As an alternative to the venting requirements in Sec. 
63.136(e)(2)(ii)(A), a lift station with a volume larger than 10,000 gal 
may have openings necessary for proper venting of the lift station. The 
size and other design characteristics of these openings may be 
established based on manufacturer recommendations or engineering 
judgment for venting under normal operating conditions. You must 
describe the design of such openings and your supporting calculations 
and other rationale in your notification of compliance status report.
    (4) For any wastewater streams that are Group 1 for both PSHAP and 
SHAP, you may elect to meet the requirements specified in Table 7 to 
this subpart for the PSHAP and then comply with paragraphs (n)(1) 
through (3) of this section for the SHAP in the wastewater system. You 
may determine the SHAP mass removal rate, in kg/hr, in treatment units 
that are used to meet the requirements for PSHAP and add this amount to 
both the numerator and denominator in Equation 1 to paragraph (n)(2) of 
this section.
    (o) Compliance records. Except as specified in paragraph (p) of this 
section, for each CPMS used to monitor a nonflare control device for 
wastewater emissions, you must keep records as specified in Sec. 
63.998(c)(1) in addition to the records required in Sec. 63.147(d).
    (p) Compliance records after date of compliance. Beginning no later 
than the compliance dates specified in Sec. 63.2445(g), paragraph (o) 
of this section no longer applies. Instead, for each CPMS used to 
monitor a nonflare control device for wastewater emissions, you must 
keep records as specified in Sec. 63.998(c)(1) in addition to the 
records required in Sec. 63.147(d), except that the provisions of Sec. 
63.998(c)(1)(ii)(D), (E), (F), and (G) do not apply.
    (q) Startup, shutdown, and malfunction referenced provisions. 
Beginning no later than the compliance dates specified in Sec. 
63.2445(g), the referenced provisions specified in paragraphs (q)(1) 
through

[[Page 456]]

(5) of this section do not apply when demonstrating compliance with this 
section.
    (1) Section 63.105(d) of subpart F and the phrase ``as part of the 
start-up, shutdown, and malfunction plan required under Sec. 63.6(e)(3) 
of subpart A of this part'' from Sec. 63.105(e) of subpart F.
    (2) Section 63.132(b)(3)(i)(B) of subpart G.
    (3) The phrase ``or startup/shutdown/malfunction'' in Sec. 
63.132(f)(2) of subpart G.
    (4) Section 63.148(f)(3) of subpart G.
    (5) For flares complying with Sec. 63.2450(e)(5), the following 
provisions do not apply:
    (i) Section 63.139(c)(3) of subpart G;
    (ii) Section 63.139(d)(3) of subpart G;
    (iii) Section 63.145(j) of subpart G;
    (iv) Section 63.146(b)(7)(i) of subpart G; and
    (v) Section 63.147(d)(1) of subpart G.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 
FR 40335, July 14, 2006; 85 FR 49144, Aug. 12, 2020]



Sec. 63.2490  What requirements must I meet for heat exchange systems?

    (a) You must comply with each requirement in Table 10 to this 
subpart that applies to your heat exchange systems, except as specified 
in paragraphs (b) through (d) of this section.
    (b) Except as specified in paragraph (d) of this section, if you 
comply with the requirements of Sec. 63.104 as specified in Table 10 to 
this subpart, then the phrase ``a chemical manufacturing process unit 
meeting the conditions of Sec. 63.100 (b)(1) through (b)(3) of this 
subpart'' in Sec. 63.104(a) means ``an MCPU meeting the conditions of 
Sec. 63.2435'' for the purposes of this subpart.
    (c) Except as specified in paragraph (d) of this section, if you 
comply with the requirements of Sec. 63.104 as specified in Table 10 to 
this subpart, then the reference to ``Sec. 63.100(c)'' in Sec. 
63.104(a) does not apply for the purposes of this subpart.
    (d) Unless one or more of the conditions specified in Sec. 
63.104(a)(1), (2), (5), and (6) are met, beginning no later than the 
compliance dates specified in Sec. 63.2445(g), the requirements of 
Sec. 63.104 as specified in Table 10 to this subpart and paragraphs (b) 
and (c) of this section no longer apply. Instead, you must monitor the 
cooling water for the presence of total strippable hydrocarbons that 
indicate a leak according to paragraph (d)(1) of this section, and if 
you detect a leak, then you must repair it according to paragraphs 
(d)(2) and (3) of this section, unless repair is delayed according to 
paragraph (d)(4) of this section. At any time before the compliance 
dates specified in Sec. 63.2445(g), you may choose to comply with the 
requirements in this paragraph (d) in lieu of the requirements of Sec. 
63.104 as specified in Table 10 to this subpart and paragraphs (b) and 
(c) of this section. The requirements in this paragraph (d) do not apply 
to heat exchange systems that have a maximum cooling water flow rate of 
10 gallons per minute or less.
    (1) You must perform monitoring to identify leaks of total 
strippable hydrocarbons from each heat exchange system subject to the 
requirements of this subpart according to the procedures in paragraphs 
(d)(1)(i) through (v) of this section.
    (i) Monitoring locations for closed-loop recirculation heat exchange 
systems. For each closed loop recirculating heat exchange system, you 
must collect and analyze a sample from the location(s) described in 
either paragraph (d)(1)(i)(A) or (B) of this section.
    (A) Each cooling tower return line or any representative riser 
within the cooling tower prior to exposure to air for each heat exchange 
system.
    (B) Selected heat exchanger exit line(s), so that each heat 
exchanger or group of heat exchangers within a heat exchange system is 
covered by the selected monitoring location(s).
    (ii) Monitoring locations for once-through heat exchange systems. 
For each once-through heat exchange system, you must collect and analyze 
a sample from the location(s) described in paragraph (d)(1)(ii)(A) of 
this section. You may also elect to collect and analyze an additional 
sample from the location(s) described in paragraph (d)(1)(ii)(B) of this 
section.
    (A) Selected heat exchanger exit line(s), so that each heat 
exchanger or group of heat exchangers within a heat exchange system is 
covered by the selected monitoring location(s). The selected monitoring 
location may be at a

[[Page 457]]

point where discharges from multiple heat exchange systems are combined 
provided that the combined cooling water flow rate at the monitoring 
location does not exceed 40,000 gallons per minute.
    (B) The inlet water feed line for a once-through heat exchange 
system prior to any heat exchanger. If multiple heat exchange systems 
use the same water feed (i.e., inlet water from the same primary water 
source), you may monitor at one representative location and use the 
monitoring results for that sampling location for all heat exchange 
systems that use that same water feed.
    (iii) Monitoring method. If you comply with the total strippable 
hydrocarbon concentration leak action level as specified in paragraph 
(d)(1)(iv) of this section, you must comply with the requirements in 
paragraph (d)(1)(iii)(A) of this section. If you comply with the total 
hydrocarbon mass emissions rate leak action level as specified in 
paragraph (d)(1)(iv) of this section, you must comply with the 
requirements in paragraphs (d)(1)(iii)(A) and (B) of this section.
    (A) You must determine the total strippable hydrocarbon 
concentration (in parts per million by volume (ppmv) as methane) at each 
monitoring location using the ``Air Stripping Method (Modified El Paso 
Method) for Determination of Volatile Organic Compound Emissions from 
Water Sources'' (incorporated by reference--see Sec. 63.14) using a 
flame ionization detector (FID) analyzer for on-site determination as 
described in Section 6.1 of the Modified El Paso Method.
    (B) You must convert the total strippable hydrocarbon concentration 
(in ppmv as methane) to a total hydrocarbon mass emissions rate (as 
methane) using the calculations in Section 7.0 of ``Air Stripping Method 
(Modified El Paso Method) for Determination of Volatile Organic Compound 
Emissions from Water Sources'' (incorporated by reference--see Sec. 
63.14).
    (iv) Monitoring frequency and leak action level. For each heat 
exchange system, you must initially monitor monthly for 6-months 
beginning upon startup and monitor quarterly thereafter using a leak 
action level defined as a total strippable hydrocarbon concentration (as 
methane) in the stripping gas of 6.2 ppmv or, for heat exchange systems 
with a recirculation rate of 10,000 gallons per minute or less, you may 
monitor quarterly using a leak action level defined as a total 
hydrocarbon mass emissions rate from the heat exchange system (as 
methane) of 0.18 kg/hr. If a leak is detected as specified in paragraph 
(d)(1)(v) of this section, then you must monitor monthly until the leak 
has been repaired according to the requirements in paragraph (d)(2) or 
(3) of this section. Once the leak has been repaired according to the 
requirements in paragraph (d)(2) or (3) of this section, quarterly 
monitoring for the heat exchange system may resume. The monitoring 
frequencies specified in this paragraph (d)(1)(iv) also apply to the 
inlet water feed line for a once-through heat exchange system, if 
monitoring of the inlet water feed is elected as provided in paragraph 
(d)(1)(ii)(B) of this section.
    (v) Leak definition. A leak is defined as described in paragraph 
(d)(1)(v)(A) or (B) of this section, as applicable.
    (A) For once-through heat exchange systems for which the inlet water 
feed is monitored as described in paragraph (d)(1)(ii)(B) of this 
section, a leak is detected if the difference in the measurement value 
of the sample taken from a location specified in paragraph (d)(1)(ii)(A) 
of this section and the measurement value of the corresponding sample 
taken from the location specified in paragraph (d)(1)(ii)(B) of this 
section equals or exceeds the leak action level.
    (B) For all other heat exchange systems, a leak is detected if a 
measurement value of the sample taken from a location specified in 
paragraph (d)(1)(i)(A) or (B) or (d)(1)(ii)(A) of this section equals or 
exceeds the leak action level.
    (2) If a leak is detected using the methods described in paragraph 
(d)(1) of this section, you must repair the leak to reduce the 
concentration or mass emissions rate to below the applicable leak action 
level as soon as practicable, but no later than 45 days after 
identifying the leak, except as specified in paragraph (d)(4) of this 
section.

[[Page 458]]

Repair must include re-monitoring at the monitoring location where the 
leak was identified according to the method specified in paragraph 
(d)(1)(iii) of this section to verify that the total strippable 
hydrocarbon concentration or total hydrocarbon mass emissions rate is 
below the applicable leak action level. Repair may also include 
performing the additional monitoring in paragraph (d)(3) of this section 
to verify that the total strippable hydrocarbon concentration or total 
hydrocarbon mass emissions rate is below the applicable leak action 
level. Actions that can be taken to achieve repair include but are not 
limited to:
    (i) Physical modifications to the leaking heat exchanger, such as 
welding the leak or replacing a tube;
    (ii) Blocking the leaking tube within the heat exchanger;
    (iii) Changing the pressure so that water flows into the process 
fluid;
    (iv) Replacing the heat exchanger or heat exchanger bundle; or
    (v) Isolating, bypassing, or otherwise removing the leaking heat 
exchanger from service until it is otherwise repaired.
    (3) If you detect a leak when monitoring a cooling tower return line 
under paragraph (d)(1)(i)(A) of this section, you may conduct additional 
monitoring of each heat exchanger or group of heat exchangers associated 
with the heat exchange system for which the leak was detected, as 
provided in paragraph (d)(1)(i)(B) of this section. If no leaks are 
detected when monitoring according to the requirements of paragraph 
(d)(1)(i)(B) of this section, the heat exchange system is considered to 
have met the repair requirements through re-monitoring of the heat 
exchange system, as provided in paragraph (d)(2) of this section.
    (4) You may delay repair when one of the conditions in paragraph 
(d)(4)(i) or (ii) of this section is met and the leak is less than the 
delay of repair action level specified in paragraph (d)(4)(iii) of this 
section. You must determine if a delay of repair is necessary as soon as 
practicable, but no later than 45 days after first identifying the leak.
    (i) If the repair is technically infeasible without a shutdown and 
the total strippable hydrocarbon concentration or total hydrocarbon mass 
emissions rate is initially and remains less than the delay of repair 
action level for all monitoring periods during the delay of repair, then 
you may delay repair until the next scheduled shutdown of the heat 
exchange system. If, during subsequent monitoring, the delay of repair 
action level is exceeded, then you must repair the leak within 30 days 
of the monitoring event in which the leak was equal to or exceeded the 
delay of repair action level.
    (ii) If the necessary equipment, parts, or personnel are not 
available and the total strippable hydrocarbon concentration or total 
hydrocarbon mass emissions rate is initially and remains less than the 
delay of repair action level for all monitoring periods during the delay 
of repair, then you may delay the repair for a maximum of 120 calendar 
days. You must demonstrate that the necessary equipment, parts, or 
personnel were not available. If, during subsequent monitoring, the 
delay of repair action level is exceeded, then you must repair the leak 
within 30 days of the monitoring event in which the leak was equal to or 
exceeded the delay of repair action level.
    (iii) The delay of repair action level is a total strippable 
hydrocarbon concentration (as methane) in the stripping gas of 62 ppmv 
or, for heat exchange systems with a recirculation rate of 10,000 
gallons per minute or less, the delay of repair action level is a total 
hydrocarbon mass emissions rate (as methane) or 1.8 kg/hr. The delay of 
repair action level is assessed as described in paragraph (d)(4)(iii)(A) 
or (B) of this section, as applicable.
    (A) For once-through heat exchange systems for which the inlet water 
feed is monitored as described in paragraph (d)(1)(ii)(B) of this 
section, the delay of repair action level is exceeded if the difference 
in the measurement value of the sample taken from a location specified 
in paragraph (d)(1)(ii)(A) of this section and the measurement value of 
the corresponding sample taken from the location specified in paragraph 
(d)(1)(ii)(B) of this section equals or exceeds the delay of repair 
action level.
    (B) For all other heat exchange systems, the delay of repair action 
level is exceeded if a measurement value of the

[[Page 459]]

sample taken from a location specified in paragraph (d)(1)(i)(A) or (B) 
or (d)(1)(ii)(A) of this section equals or exceeds the delay of repair 
action level.

[85 FR 49145, Aug. 12, 2020]



Sec. 63.2492  How do I determine whether my process vent, 
storage tank, or equipment is in ethylene oxide service?

    To determine if process vents, storage tanks, and equipment leaks 
are in ethylene oxide service as defined in Sec. 63.2550(i), you must 
comply with the requirements in paragraphs (a) through (c) of this 
section, as applicable.
    (a) For each batch process vent or continuous process vent stream, 
you must measure the flow rate and concentration of ethylene oxide of 
each process vent as specified in paragraphs (a)(1) through (5) of this 
section.
    (1) Measurements must be made prior to any dilution of the vent 
streams.
    (2) Measurements may be made on the combined vent streams at an MCPU 
or for each separate vent stream.
    (3) Method 1 or 1A of 40 CFR part 60, appendix A-1, as appropriate, 
must be used for the selection of the sampling sites. For vents smaller 
than 0.10 meter in diameter, sample at one point at the center of the 
duct.
    (4) The gas volumetric flow rate must be determined using Method 2, 
2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendices A-1 and A-2, as 
appropriate.
    (5) The concentration of ethylene oxide must be determined using 
Method 18 of 40 CFR part 60, appendix A-6, or Method 320 of appendix A 
to this part.
    (b) For storage tanks, you must measure the concentration of 
ethylene oxide of the fluid stored in the storage tanks using Method 
624.1 of 40 CFR part 136, appendix A, or preparation by Method 5031 and 
analysis by Method 8260D (both incorporated by reference, see Sec. 
63.14) in the SW-846 Compendium. In lieu of preparation by SW-846 Method 
5031, you may use SW-846 Method 5030B (incorporated by reference, see 
Sec. 63.14), as long as: You do not use a preservative in the collected 
sample; you store the sample with minimal headspace as cold as possible 
and at least below 4 degrees C; and you analyze the sample as soon as 
possible, but in no case longer than 7 days from the time the sample was 
collected. If you are collecting a sample from a pressure vessel, you 
must maintain the sample under pressure both during and following 
sampling.
    (c) For equipment leaks, you must comply with the requirements in 
paragraphs (c)(1) through (4) of this section.
    (1) Each piece of equipment within an MCPU that can reasonably be 
expected to contain equipment in ethylene oxide service is presumed to 
be in ethylene oxide service unless you demonstrate that the piece of 
equipment is not in ethylene oxide service. For a piece of equipment to 
be considered not in ethylene oxide service, it must be determined that 
the percent ethylene oxide content of the process fluid that is 
contained in or contacts equipment can be reasonably expected to not 
exceed 0.1 percent by weight on an annual average basis. For purposes of 
determining the percent ethylene oxide content of the process fluid, you 
must use Method 18 of 40 CFR part 60, appendix A-6, for gaseous process 
fluid, and Method 624.1 of 40 CFR part 136, appendix A, or preparation 
by Method 5031 and analysis by Method 8260D (both incorporated by 
reference, see Sec. 63.14) in the SW-846 Compendium for liquid process 
fluid. In lieu of preparation by SW-846 Method 5031, you may use SW-846 
Method 5030B (incorporated by reference, see Sec. 63.14), as long as: 
You do not use a preservative in the collected sample; you store the 
sample with minimal headspace as cold as possible and at least below 4 
degrees C; and you analyze the sample as soon as possible, but in no 
case longer than 7 days from the time the sample was collected.
    (2) Unless specified by the Administrator, you may use good 
engineering judgment rather than the procedures specified in paragraph 
(c)(1) of this section to determine that the percent ethylene oxide 
content of the process fluid that is contained in or contacts equipment 
does not exceed 0.1 percent by weight.
    (3) You may revise your determination for whether a piece of 
equipment is in ethylene oxide service by following the procedures in 
paragraph

[[Page 460]]

(c)(1) of this section, or by documenting that a change in the process 
or raw materials no longer causes the equipment to be in ethylene oxide 
service.
    (4) Samples used in determining the ethylene oxide content must be 
representative of the process fluid that is contained in or contacts the 
equipment.

[85 FR 49146, Aug. 12, 2020]



Sec. 63.2493  What requirements must I meet for process vents,
storage tanks, or equipment that are in ethylene oxide service?

    This section applies beginning no later than the compliance dates 
specified in Sec. 63.2445(i). In order to demonstrate compliance with 
the emission limits and work practice standards specified in Tables 1, 
2, and 4 to this subpart for process vents and storage tanks in ethylene 
oxide service, you must meet the requirements specified in paragraphs 
(a) through (c) of this section. In order to demonstrate compliance with 
the requirements specified in Table 6 to this subpart for equipment in 
ethylene oxide service, you must meet the requirements specified in 
paragraphs (d) and (e) of this section.
    (a) Initial compliance. For initial compliance, you must comply with 
paragraphs (a)(1) through (4) of this section, as applicable.
    (1) If you choose to reduce emissions of ethylene oxide by venting 
emissions through a closed-vent system to a flare as specified in Table 
1, 2, or 4 to this subpart, then you must comply with Sec. 
63.2450(e)(4) and (6) and the requirements in Sec. 63.983, and you must 
conduct the initial visible emissions demonstration required by Sec. 
63.670(h) of subpart CC as specified in Sec. 63.2450(e)(5).
    (2) If you choose to reduce emissions of ethylene oxide by venting 
emissions through a closed-vent system to a non-flare control device 
that reduces ethylene oxide by greater than or equal to 99.9 percent by 
weight as specified in Table 1, 2, or 4 to this subpart, then you must 
comply with Sec. 63.2450(e)(4) and (6) and the requirements in Sec. 
63.983, and you must comply with paragraphs (a)(2)(i) through (viii) of 
this section.
    (i) Conduct an initial performance test of the control device that 
is used to comply with the percent reduction requirement at the inlet 
and outlet of the control device. For purposes of compliance with this 
paragraph (a)(2), you may not use a design evaluation.
    (ii) Conduct the performance test according to the procedures in 
Sec. Sec. 63.997 and 63.2450(g). Use Method 18 of 40 CFR part 60, 
appendix A-6, or Method 320 of appendix A to this part to determine the 
ethylene oxide concentration. Use Method 1 or 1A of 40 CFR part 60, 
appendix A-1, to select the sampling sites at each sampling location. 
Determine the gas volumetric flowrate using Method 2, 2A, 2C, or 2D of 
40 CFR part 60, appendix A-2. Use Method 4 of 40 CFR part 60, appendix 
A-3, to convert the volumetric flowrate to a dry basis.
    (iii) Calculate the mass emission rate of ethylene oxide entering 
the control device and exiting the control device using Equations 1 and 
2 to this paragraph (a)(2)(iii).

EEtO,inlet = K CEtO,inlet MEtO 
Qinlet (Eq. 1)
EEtO,outlet = K CEtO,outlet MEtO 
Qoutlet (Eq. 2)

Where:

EEtO,inlet, EEtO,outlet = Mass rate of ethylene 
          oxide at the inlet and outlet of the control device, 
          respectively, kilogram per hour.
CEtO,inlet, CEtO,outlet = Concentration of 
          ethylene oxide in the gas stream at the inlet and outlet of 
          the control device, respectively, dry basis, parts per million 
          by volume.
MEtO = Molecular weight of ethylene oxide, 44.05 grams per 
          gram-mole.
Qinlet, Qoutlet = Flow rate of the gas stream at 
          the inlet and outlet of the control device, respectively, dry 
          standard cubic meter per minute.
K = Constant, 2.494 x 10-6 (parts per million)-1 (gram-mole per standard 
          cubic meter) (kilogram per gram) (minutes per hour), where 
          standard temperature (gram-mole per standard cubic meter) is 
          20 [deg]C.

    (iv) Calculate the percent reduction from the control device using 
Equation 3 to this paragraph (a)(2)(iv). You have demonstrated initial 
compliance if the overall reduction of ethylene oxide is greater than or 
equal to 99.9 percent by weight.

Percent reduction = (EEtO,inlet-EEtO,outlet)/
EEtO,inlet * 100 (Eq. 3)

Where:


[[Page 461]]


EEtO,inlet, EEtO,outlet = Mass rate of ethylene 
          oxide at the inlet and outlet of the control device, 
          respectively, kilogram per hour, calculated using Equations 1 
          and 2 to paragraph (a)(2)(iii) of this section.

    (v) If a new control device is installed, then conduct a performance 
test of the new device following the procedures in paragraphs (a)(2)(i) 
through (iv) of this section.
    (vi) If you vent emissions through a closed-vent system to a 
scrubber, then you must establish operating parameter limits by 
monitoring the operating parameters specified in paragraphs 
(a)(2)(vi)(A) through (C) of this section during the performance test.
    (A) Scrubber liquid-to-gas ratio (L/G), determined from the total 
scrubber liquid inlet flow rate and the exit gas flow rate. Determine 
the average L/G during the performance test as the average of the test 
run averages.
    (B) Scrubber liquid pH of the liquid in the reactant tank. The pH 
may be measured at any point between the discharge from the scrubber 
column and the inlet to the reactant tank. Determine the average pH 
during the performance test as the average of the test run averages.
    (C) Temperature of the water entering the scrubber column. The 
temperature may be measured at any point after the heat exchanger and 
prior to entering the top of the scrubber column. Determine the average 
inlet water temperature as the average of the test run averages.
    (vii) If you vent emissions through a closed-vent system to a 
thermal oxidizer, then you must establish operating parameter limits by 
monitoring the operating parameters specified in paragraphs 
(a)(2)(vii)(A) and (B) of this section during the performance test.
    (A) Combustion chamber temperature. Determine the average combustion 
chamber temperature during the performance test as the average of the 
test run averages.
    (B) Flue gas flow rate. Determine the average flue gas flow rate 
during the performance test as the average of the test run averages.
    (viii) If you vent emissions through a closed-vent system to a 
control device other than a flare, scrubber, or thermal oxidizer, then 
you must notify the Administrator of the operating parameters that you 
plan to monitor during the performance test prior to establishing 
operating parameter limits for the control device.
    (3) If you choose to reduce emissions of ethylene oxide by venting 
emissions through a closed-vent system to a non-flare control device 
that reduces ethylene oxide to less than 1 ppmv as specified in Table 1, 
2, or 4 to this subpart, then you must comply with Sec. 63.2450(e)(4) 
and (6) and the requirements in Sec. 63.983, and you must comply with 
either paragraph (a)(3)(i) or (ii) of this section.
    (i) Install an FTIR CEMS meeting the requirements of Performance 
Specification 15 of 40 CFR part 60, appendix B, to continuously monitor 
the ethylene oxide concentration at the exit of the control device. 
Comply with the requirements specified in Sec. 63.2450(j) for your 
CEMS.
    (ii) If you do not install a CEMS under paragraph (a)(3)(i) of this 
section, you must comply with paragraphs (a)(3)(ii)(A) through (C) of 
this section.
    (A) Conduct an initial performance test of the control device that 
is used to comply with the concentration requirement at the outlet of 
the control device.
    (B) Conduct the performance test according to the procedures in 
Sec. Sec. 63.997 and 63.2450(g). Use Method 18 of 40 CFR part 60, 
appendix A-6, or Method 320 of appendix A to this part to determine the 
ethylene oxide concentration. You have demonstrated initial compliance 
if the ethylene oxide concentration is less than 1 ppmv.
    (C) Comply with the requirements specified in paragraphs (a)(2)(v) 
through (viii) of this section, as applicable.
    (4) If you choose to reduce emissions of ethylene oxide by venting 
emissions through a closed-vent system to a non-flare control device 
that reduces ethylene oxide to less than 5 pounds per year for all 
combined process vents as specified in Table 1 or 2 to this subpart, 
then you must comply with Sec. 63.2450(e)(4) and (6) and the 
requirements in Sec. 63.983, and you must comply with paragraphs 
(a)(4)(i) through (iv) of this section.

[[Page 462]]

    (i) Conduct an initial performance test of the control device that 
is used to comply with the mass emission limit requirement at the outlet 
of the control device.
    (ii) Conduct the performance test according to the procedures in 
Sec. Sec. 63.997 and 63.2450(g). Use Method 18 of 40 CFR part 60, 
appendix A-6, or Method 320 of appendix A to this part to determine the 
ethylene oxide concentration. Use Method 1 or 1A of 40 CFR part 60, 
appendix A-1, to select the sampling site. Determine the gas volumetric 
flowrate using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A-2. 
Use Method 4 of 40 CFR part 60, appendix A-3, to convert the volumetric 
flowrate to a dry basis.
    (iii) Calculate the mass emission rate of ethylene oxide exiting the 
control device using Equation 2 to paragraph (a)(2)(iii) of this 
section. You have demonstrated initial compliance if the ethylene oxide 
from all process vents (controlled and uncontrolled) is less than 5 
pounds per year when combined.
    (iv) Comply with the requirements specified in paragraphs (a)(2)(v) 
through (viii) of this section, as applicable.
    (b) Continuous compliance. For continuous compliance, you must 
comply with paragraphs (b)(1) through (6) of this section, as 
applicable.
    (1) If you choose to reduce emissions of ethylene oxide by venting 
emissions through a closed-vent system to a flare as specified in Table 
1, 2, or 4 to this subpart, then you must comply with the requirements 
in Sec. Sec. 63.983 and 63.2450(e)(4) through (6).
    (2) Continuously monitor the ethylene oxide concentration at the 
exit of the control device using an FTIR CEMS meeting the requirements 
of Performance Specification 15 of 40 CFR part 60, appendix B, and Sec. 
63.2450(j). If you use an FTIR CEMS, you do not need to conduct the 
performance testing required in paragraph (b)(3) of this section or the 
operating parameter monitoring required in paragraphs (b)(4) through (6) 
of this section.
    (3) Conduct a performance test no later than 60 months after the 
previous performance test and reestablish operating parameter limits 
following the procedures in paragraph (a)(2) through (4) of this 
section. The Administrator may request a repeat performance test at any 
time. For purposes of compliance with this paragraph (b)(3), you may not 
use a design evaluation.
    (4) If you vent emissions through a closed-vent system to a 
scrubber, then you must comply with Sec. 63.2450(e)(4) and (6) and the 
requirements in Sec. 63.983, and you must meet the operating parameter 
limits specified in paragraphs (b)(4)(i) through (v) of this section.
    (i) Minimum scrubber liquid-to-gas ratio (L/G), equal to the average 
L/G measured during the most recent performance test. Determine total 
scrubber liquid inlet flow rate with a flow sensor with a minimum 
accuracy of at least 5 percent over the normal 
range of flow measured, or 1.9 liters per minute (0.5 gallons per 
minute), whichever is greater. Determine exit gas flow rate with a flow 
sensor with a minimum accuracy of at least 5 
percent over the normal range of flow measured, or 280 liters per minute 
(10 cubic feet per minute), whichever is greater. Compliance with the 
minimum L/G operating limit must be determined continuously on a 1-hour 
block basis.
    (ii) Maximum scrubber liquid pH of the liquid in the reactant tank, 
equal to the average pH measured during the most recent performance 
test. Compliance with the pH operating limit must be determined 
continuously on a 1-hour block basis. Use a pH sensor with a minimum 
accuracy of 0.2 pH units.
    (iii) Pressure drop across the scrubber column, within the pressure 
drop range specified by the manufacturer or established based on 
engineering analysis. Compliance with the pressure drop operating limit 
must be determined continuously on a 1-hour block basis. Use pressure 
sensors with a minimum accuracy of 5 percent over 
the normal operating range or 0.12 kilopascals, whichever is greater.
    (iv) Maximum temperature of the water entering the scrubber column, 
equal to the average temperature measured during the most recent 
performance test. Compliance with the inlet water temperature operating 
limit must be determined continuously on a 1-hour block basis. Use a 
temperature sensor with a minimum accuracy of 1 
percent over the normal range of

[[Page 463]]

the temperature measured, expressed in degrees Celsius, or 2.8 degrees 
Celsius, whichever is greater.
    (v) Liquid feed pressure to the scrubber column within the feed 
pressure range specified by the manufacturer or established based on 
engineering analysis. Compliance with the liquid feed pressure operating 
limit must be determined continuously on a 1-hour block basis. Use a 
pressure sensor with a minimum accuracy of 5 
percent over the normal operating range or 0.12 kilopascals, whichever 
is greater.
    (5) If you vent emissions through a closed-vent system to a thermal 
oxidizer, then you must comply with Sec. 63.2450(e)(4) and (6) and the 
requirements in Sec. 63.983, and you must meet the operating parameter 
limits specified in paragraphs (b)(5)(i) and (ii) of this section and 
the requirements in paragraph (b)(5)(iii) of this section.
    (i) Minimum combustion chamber temperature, equal to the average 
combustion chamber temperature measured during the most recent 
performance test. Determine combustion chamber temperature with a 
temperature sensor with a minimum accuracy of at least 1 percent over the normal range of temperature measured, 
expressed in degrees Celsius, or 2.8 degrees Celsius, whichever is 
greater. Compliance with the minimum combustion chamber temperature 
operating limit must be determined continuously on a 1-hour block basis.
    (ii) Maximum flue gas flow rate, equal to the average flue gas flow 
rate measured during the most recent performance test. Determine flue 
gas flow rate with a flow sensor with a minimum accuracy of at least 
5 percent over the normal range of flow measured, 
or 280 liters per minute (10 cubic feet per minute), whichever is 
greater. Compliance with the maximum flue gas flow rate operating limit 
must be determined continuously on a 1-hour block basis.
    (iii) You must maintain the thermal oxidizer in accordance with good 
combustion practices that ensure proper combustion. Good combustion 
practices include, but are not limited to, proper burner maintenance, 
proper burner alignment, proper fuel to air distribution and mixing, 
routine inspection, and preventative maintenance.
    (6) If you vent emissions through a closed-vent system to a control 
device other than a flare, scrubber, or thermal oxidizer, then you must 
comply with Sec. 63.2450(e)(4) and (6) and the requirements in Sec. 
63.983, and you must monitor the operating parameters identified in 
paragraph (a)(2)(viii) of this section and meet the established 
operating parameter limits to ensure continuous compliance. The 
frequency of monitoring and averaging time will be determined based upon 
the information provided to the Administrator.
    (c) Pressure vessels. If you have a storage tank in ethylene oxide 
service that is considered a pressure vessel as defined in as defined in 
Sec. 63.2550(i), then you must operate and maintain the pressure 
vessel, as specified in paragraphs (c)(1) through (5) of this section.
    (1) The pressure vessel must be designed to operate with no 
detectable emissions at all times.
    (2) Monitor each point on the pressure vessel through which ethylene 
oxide could potentially be emitted by conducting initial and annual 
performance tests using Method 21 of 40 CFR part 60, appendix A-7.
    (3) Each instrument reading greater than 500 ppmv is a deviation.
    (4) Estimate the flow rate and total regulated material emissions 
from the defect. Assume the pressure vessel has been emitting for half 
of the time since the last performance test, unless other information 
supports a different assumption.
    (5) Whenever ethylene oxide is in the pressure vessel, you must 
operate the pressure vessel as a closed system that vents through a 
closed vent system to a control device as specified in paragraphs 
(c)(5)(i) through (iii) of this section, as applicable.
    (i) For closed vent systems, comply with Sec. 63.2450(e)(4) and (6) 
and the requirements in Sec. 63.983.
    (ii) For a non-flare control device, comply with requirements as 
specified in paragraph (b) of this section.
    (iii) For a flare, comply with the requirements of Sec. 
63.2450(e)(5).
    (d) Equipment in ethylene oxide service. Except as specified in 
paragraphs (d)(1) through (4) and (e) of this section, for

[[Page 464]]

equipment in ethylene oxide service as defined in Sec. 63.2550(i), you 
must comply with the requirements of subpart UU or H of this part, or 40 
CFR part 65, subpart F.
    (1) For pumps in ethylene oxide service, you must comply with the 
requirements in paragraphs (d)(1)(i) through (iii) of this section.
    (i) The instrument reading that defines a leak for pumps is 1,000 
parts per million or greater.
    (ii) The monitoring period for pumps is monthly.
    (iii) When a leak is detected, it must be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected.
    (2) For connectors in ethylene oxide service, you must comply with 
the requirements in paragraphs (d)(2)(i) through (iii) of this section.
    (i) The instrument reading that defines a leak for connectors is 500 
parts per million or greater.
    (ii) The monitoring period for connectors is once every 12 months.
    (iii) When a leak is detected, it must be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected.
    (3) For each light liquid pump or connector in ethylene oxide 
service that is added to an affected source, and for each light liquid 
pump or connector in ethylene oxide service that replaces a light liquid 
pump or connector in ethylene oxide service, you must initially monitor 
for leaks within 5 days after initial startup of the equipment.
    (4) Pressure relief devices in ethylene oxide service must comply 
with the requirements in Sec. 63.2480(e) and (f), except as specified 
in paragraphs (d)(4)(i) through (v) of this section.
    (i) The second sentence in Sec. 63.2480(e)(3)(iv) does not apply.
    (ii) Section 63.2480(e)(3)(v) does not apply.
    (iii) Section 63.2480(e)(6)(ii) does not apply.
    (iv) Any release event from an affected pressure relief device is a 
deviation of the pressure release management work practice standards.
    (v) Replace all references to Sec. 63.2445(g) with Sec. 
63.2445(h).
    (e) Non-applicable referenced provisions. The referenced provisions 
specified in paragraphs (e)(1) through (15) of this section do not apply 
when demonstrating compliance with this section.
    (1) Section 63.163(c)(3) of subpart H.
    (2) Section 63.163(e) of subpart H.
    (3) The second sentence of Sec. 63.181(d)(5)(i) of subpart H.
    (4) Section 63.1026(b)(3) of subpart UU.
    (5) Section 63.1026(e) of subpart UU.
    (6) The phrase ``(except during periods of startup, shutdown, or 
malfunction)'' from Sec. 63.1028(e)(1)(i)(A) of subpart UU.
    (7) The phrase ``(except during periods of startup, shutdown, or 
malfunction)'' from Sec. 63.1031(b)(1) of subpart UU.
    (8) The second sentence of Sec. 65.105(f)(4)(i) of this chapter.
    (9) Section 65.107(b)(3) of this chapter.
    (10) Section 65.107(e) of this chapter.
    (11) The phrase ``(except during periods of start-up, shutdown, or 
malfunction)'' from Sec. 65.109(e)(1)(i)(A) of this chapter.
    (12) The phrase ``(except during periods of start-up, shutdown, or 
malfunction)'' from Sec. 65.112(b)(1) of this chapter.
    (13) The last sentence of Sec. 65.115(b)(1) of this chapter.
    (14) The last sentence of Sec. 65.115(b)(2) of this chapter.
    (15) For flares complying with Sec. 63.2450(e)(5), the following 
provisions do not apply:
    (i) Section 63.172(d) of subpart H;
    (ii) Section 63.180(e) of subpart H;
    (iii) Section 63.181(g)(1)(iii) of subpart H;
    (iv) The phrase ``including periods when a flare pilot light system 
does not have a flame'' from Sec. 63.181(g)(2)(i) of subpart H;
    (v) Section 63.1034(b)(2)(iii) of subpart H; and
    (vi) Section 65.115(b)(2) of this chapter.
    (16) Requirements for maintenance vents in Sec. 63.2450(v).

[85 FR 49147, Aug. 12, 2020]

[[Page 465]]

                     Alternative Means of Compliance



Sec. 63.2495  How do I comply with the pollution prevention standard?

    (a) You may elect to comply with the pollution prevention 
alternative requirements specified in paragraphs (a) (1) and (2) of this 
section in lieu of the emission limitations and work practice standards 
contained in Tables 1 through 7 to this subpart for any MCPU for which 
initial startup occurred before April 4, 2002.
    (1) You must reduce the production-indexed HAP consumption factor 
(HAP factor) by at least 65 percent from a 3-year average baseline 
beginning no earlier than the 1994 through 1996 calendar years. For any 
reduction in the HAP factor that you achieve by reducing HAP that are 
also volatile organic compounds (VOC), you must demonstrate an 
equivalent reduction in the production-indexed VOC consumption factor 
(VOC factor) on a mass basis. For any reduction in the HAP factor that 
you achieve by reducing a HAP that is not a VOC, you may not increase 
the VOC factor.
    (2) Any MCPU for which you seek to comply by using the pollution 
prevention alternative must begin with the same starting material(s) and 
end with the same product(s). You may not comply by eliminating any 
steps of a process by transferring the step offsite (to another 
manufacturing location). You may also not merge a solvent recovery step 
conducted offsite to onsite and as part of an existing process as a 
method of reducing consumption.
    (3) You may comply with the requirements of paragraph (a)(1) of this 
section for a series of processes, including situations where multiple 
processes are merged, if you demonstrate to the satisfaction of the 
Administrator that the multiple processes were merged after the baseline 
period into an existing process or processes.
    (b) Exclusions. (1) You must comply with the emission limitations 
and work practice standards contained in Tables 1 through 7 to this 
subpart for all HAP that are generated in the MCPU and that are not 
included in consumption, as defined in Sec. 63.2550. If any vent stream 
routed to the combustion control is a halogenated vent stream, as 
defined in Sec. 63.2550, then hydrogen halides that are generated as a 
result of combustion control must be controlled according to the 
requirements in Sec. 63.2450(e)(4) and the requirements of Sec. 63.994 
and the requirements referenced therein.
    (2) You may not merge nondedicated formulation or nondedicated 
solvent recovery processes with any other processes.
    (c) Initial compliance procedures. To demonstrate initial compliance 
with paragraph (a) of this section, you must prepare a demonstration 
summary in accordance with paragraph (c) (1) of this section and 
calculate baseline and target annual HAP and VOC factors in accordance 
with paragraphs (c) (2) and (3) of this section.
    (1) Demonstration plan. You must prepare a pollution prevention 
demonstration plan that contains, at a minimum, the information in 
paragraphs (c)(1) (i) through (iii) of this section for each MCPU for 
which you comply with paragraph (a) of this section.
    (i) Descriptions of the methodologies and forms used to measure and 
record consumption of HAP and VOC compounds.
    (ii) Descriptions of the methodologies and forms used to measure and 
record production of the product(s).
    (iii) Supporting documentation for the descriptions provided in 
accordance with paragraphs (c)(1) (i) and (ii) of this section 
including, but not limited to, samples of operator log sheets and daily, 
monthly, and/or annual inventories of materials and products. You must 
describe how this documentation will be used to calculate the annual 
factors required in paragraph (d) of this section.
    (2) Baseline factors. You must calculate baseline HAP and VOC 
factors by dividing the consumption of total HAP and total VOC by the 
production rate, per process, for the first 3-year period in which the 
process was operational, beginning no earlier than the period consisting 
of the 1994 through 1996 calendar years.
    (3) Target annual factors. You must calculate target annual HAP and 
VOC factors. The target annual HAP factor must be equal to 35 percent of 
the baseline HAP factor. The target annual

[[Page 466]]

VOC factor must be lower than the baseline VOC factor by an amount 
equivalent to the reduction in any HAP that is also a VOC, on a mass 
basis. The target annual VOC factor may be the same as the baseline VOC 
factor if the only HAP you reduce is not a VOC.
    (d) Continuous compliance requirements. You must calculate annual 
rolling average values of the HAP and VOC factors (annual factors) in 
accordance with the procedures specified in paragraphs (d) (1) through 
(3) of this section. To show continuous compliance, the annual factors 
must be equal to or less than the target annual factors calculated 
according to paragraph (c)(3) of this section.
    (1) To calculate the annual factors, you must divide the consumption 
of both total HAP and total VOC by the production rate, per process, for 
12-month periods at the frequency specified in either paragraph (d) (2) 
or (3) of this section, as applicable.
    (2) For continuous processes, you must calculate the annual factors 
every 30 days for the 12-month period preceding the 30th day (i.e., 
annual rolling average calculated every 30 days). A process with both 
batch and continuous operations is considered a continuous process for 
the purposes of this section.
    (3) For batch processes, you must calculate the annual factors every 
10 batches for the 12-month period preceding the 10th batch (i.e., 
annual rolling average calculated every 10 batches), except as specified 
in paragraphs (d)(3) (i) and (ii) of this section.
    (i) If you produce more than 10 batches during a month, you must 
calculate the annual factors at least once during that month.
    (ii) If you produce less than 10 batches in a 12-month period, you 
must calculate the annual factors for the number of batches in the 12-
month period since the previous calculations.
    (e) Records. You must keep records of HAP and VOC consumption, 
production, and the rolling annual HAP and VOC factors for each MCPU for 
which you are complying with paragraph (a) of this section.
    (f) Reporting. (1) You must include the pollution prevention 
demonstration plan in the precompliance report required by Sec. 
63.2520(c).
    (2) You must identify all days when the annual factors were above 
the target factors in the compliance reports.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40336, July 14, 2006; 
85 FR 49150, Aug. 12, 2020]



Sec. 63.2500  How do I comply with emissions averaging?

    (a) For an existing source, you may elect to comply with the percent 
reduction emission limitations in Tables 1, 2, 4, 5, and 7 to this 
subpart by complying with the emissions averaging provisions specified 
in Sec. 63.150, except as specified in paragraphs (b) through (g) of 
this section.
    (b) The batch process vents in an MCPU collectively are considered 
one individual emission point for the purposes of emissions averaging, 
except that only individual batch process vents must be excluded to meet 
the requirements of Sec. 63.150(d)(5).
    (c) References in Sec. 63.150 to Sec. Sec. 63.112 through 63.130 
mean the corresponding requirements in Sec. Sec. 63.2450 through 
63.2490, including applicable monitoring, recordkeeping, and reporting.
    (d) References to ``periodic reports'' in Sec. 63.150 mean 
``compliance report'' for the purposes of this subpart.
    (e) For batch process vents, estimate uncontrolled emissions for a 
standard batch using the procedures in Sec. 63.1257(d)(2)(i) and (ii) 
instead of the procedures in Sec. 63.150(g)(2). Multiply the calculated 
emissions per batch by the number of batches per month when calculating 
the monthly emissions for use in calculating debits and credits.
    (f) References to ``storage vessels'' in Sec. 63.150 mean ``storage 
tank'' as defined in Sec. 63.2550 for the purposes of this subpart.
    (g) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), Sec. 63.150(f)(2) does not apply when demonstrating 
compliance with this section.

[68 FR 63888, Nov. 10, 2003, as amended at 85 FR 49150, Aug. 12, 2020]



Sec. 63.2505  How do I comply with the alternative standard?

    As an alternative to complying with the emission limits and work 
practice

[[Page 467]]

standards for process vents and storage tanks in Tables 1 through 4 to 
this subpart and the requirements in Sec. Sec. 63.2455 through 63.2470, 
you may comply with the emission limits in paragraph (a) of this section 
and demonstrate compliance in accordance with the requirements in 
paragraph (b) of this section.
    (a) Emission limits and work practice standards. (1) You must route 
vent streams through a closed-vent system to a control device that 
reduces HAP emissions as specified in either paragraph (a)(1)(i) or (ii) 
of this section.
    (i) If you use a combustion control device, it must reduce HAP 
emissions as specified in paragraphs (a)(1)(i)(A), (B), and (C) of this 
section.
    (A) To an outlet TOC concentration of 20 parts per million by volume 
(ppmv) or less.
    (B) To an outlet concentration of hydrogen halide and halogen HAP of 
20 ppmv or less.
    (C) As an alternative to paragraph (a)(1)(i)(B) of this section, if 
you control halogenated vent streams emitted from a combustion device 
followed by a scrubber, reduce the hydrogen halide and halogen HAP 
generated in the combustion device by greater than or equal to 95 
percent by weight in the scrubber.
    (ii) If you use a noncombustion control device(s), it must reduce 
HAP emissions to an outlet total organic HAP concentration of 50 ppmv or 
less, and an outlet concentration of hydrogen halide and halogen HAP of 
50 ppmv or less.
    (2) Any Group 1 process vents within a process that are not 
controlled according to this alternative standard must be controlled 
according to the emission limits in tables 1 through 3 to this subpart.
    (b) Compliance requirements. To demonstrate compliance with 
paragraph (a) of this section, you must meet the requirements of Sec. 
63.1258(b)(5) beginning no later than the initial compliance date 
specified in Sec. 63.2445, except as specified in paragraphs (b)(1) 
through (9) of this section.
    (1) You must comply with the requirements in Sec. 63.2450(e)(4) and 
(6), and the requirements in Sec. 63.983 and the requirements 
referenced therein for closed-vent systems, except if you are not 
reducing organic HAP emissions by venting emissions through a closed-
vent system to any combination of control devices, including a flare or 
recovery device, you are not required to comply with the requirements in 
Sec. 63.983(b)(1)(i)(A), (b)(1)(ii), (c), (d)(1)(ii), and (d)(2) and 
(3).
    (2) When Sec. 63.1258(b)(5)(i) refers to Sec. Sec. 63.1253(d) and 
63.1254(c), the requirements in paragraph (a) of this section apply for 
the purposes of this subpart FFFF.
    (3) When Sec. 63.1258(b)(5)(i)(B) refers to ``HCl,'' it means 
``total hydrogen halide and halogen HAP'' for the purposes of this 
subpart FFFF.
    (4) When Sec. 63.1258(b)(5)(ii) refers to Sec. 63.1257(a)(3), it 
means Sec. 63.2450(j)(5) for the purposes of this subpart FFFF.
    (5) You must submit the results of any determination of the target 
analytes of predominant HAP in the notification of compliance status 
report.
    (6) If you elect to comply with the requirement to reduce hydrogen 
halide and halogen HAP by greater than or equal to 95 percent by weight 
in paragraph (a)(1)(i)(C) of this section, you must meet the 
requirements in paragraphs (b)(6)(i) and (ii) of this section.
    (i) Demonstrate initial compliance with the 95-percent reduction by 
conducting a performance test and setting a site-specific operating 
limit(s) for the scrubber in accordance with the requirements in Sec. 
63.2450(e)(4) and the requirements of Sec. 63.994 and the requirements 
referenced therein. You must submit the results of the initial 
compliance demonstration in the notification of compliance status 
report. If the performance test report is submitted electronically 
through the EPA's CEDRI in accordance with Sec. 63.2520(f), the process 
unit(s) tested, the pollutant(s) tested, and the date that such 
performance test was conducted may be submitted in the notification of 
compliance status report in lieu of the performance test results. The 
performance test results must be submitted to CEDRI by the date the 
notification of compliance status report is submitted.
    (ii) Install, operate, and maintain CPMS for the scrubber as 
specified in Sec. Sec. 63.994(c) and 63.2450(k), instead of as 
specified in Sec. 63.1258(b)(5)(i)(C). You

[[Page 468]]

must also comply with the requirements in Sec. 63.2450(e)(4), as 
applicable.
    (7) If flow to the scrubber could be intermittent, you must install, 
calibrate, and operate a flow indicator as specified in Sec. 
63.2460(c)(7).
    (8) Use the operating day as the averaging period for CEMS data and 
scrubber parameter monitoring data.
    (9) The requirements in paragraph (a) of this section do not apply 
to emissions from storage tanks during periods of planned routine 
maintenance of the control device that do not exceed 240 hr/yr. You may 
submit an application to the Administrator requesting an extension of 
this time limit to a total of 360 hr/yr in accordance with the 
procedures specified in Sec. 63.2470(d). You must comply with the 
recordkeeping and reporting specified in Sec. Sec. 63.998(d)(2)(ii) and 
63.999(c)(4) for periods of planned routine maintenance.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 85 
FR 49150, Aug. 12, 2020]

                   Notification, Reports, and Records



Sec. 63.2515  What notifications must I submit and when?

    (a) General. Except as specified in paragraph (d) of this section, 
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 (6), and 63.9(b) through 
(h) of subpart A that apply to you by the dates specified.
    (b) Initial notification. (1) As specified in Sec. 63.9(b)(2), if 
you startup your affected source before November 10, 2003, you must 
submit an initial notification not later than 120 calendar days after 
November 10, 2003, or no later than 120 days after the source becomes 
subject to this subpart, whichever is later.
    (2) As specified in Sec. 63.9(b)(3), if you startup your new 
affected source on or after November 10, 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 initial compliance procedures 
for batch process vents in table 2 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.
    (d) Supplement to Notification of Compliance Status. You must also 
submit supplements to the Notification of Compliance Status as specified 
in Sec. 63.2520(d)(3) through (5).

[68 FR 63888, Nov. 10, 2003, as amended at 85 FR 49150, Aug. 12, 2020; 
85 FR 73903, Nov. 19, 2020]



Sec. 63.2520  What reports must I submit and when?

    (a) You must submit each report in Table 11 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 11 to this subpart and according to 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. 
63.2445 and ending on June 30 or December 31, whichever date is the 
first date following the end of the first 6 months after the compliance 
date that is specified for your affected source in Sec. 63.2445.
    (2) The first compliance report must be postmarked or delivered no 
later than August 31 or February 28, whichever date is the first date 
following the end of the first reporting period specified in paragraph 
(b)(1) of this section.
    (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 August 31 or February 28, 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

[[Page 469]]

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.
    (c) Precompliance report. You must submit a precompliance report to 
request approval for any of the items in paragraphs (c)(1) through (8) 
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. To change any of the 
information submitted in the report, you must notify us 60 days before 
the planned change is to be implemented.
    (1) Requests for approval to set operating limits for parameters 
other than those specified in Sec. Sec. 63.2455 through 63.2485 and 
referenced therein. 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. 63.2450(k)(6) are operating as 
designed.
    (3) A description of the test conditions, data, calculations, and 
other information used to establish operating limits according to Sec. 
63.2460(c)(3).
    (4) Data and rationale used to support an engineering assessment to 
calculate uncontrolled emissions in accordance with Sec. 
63.1257(d)(2)(ii). This requirement does not apply to calculations of 
hydrogen halide and halogen HAP emissions as specified in Sec. 
63.2465(b), to determinations that the total HAP concentration is less 
than 50 ppmv, or if you use previous test data to establish the 
uncontrolled emissions.
    (5) The pollution prevention demonstration plan required in Sec. 
63.2495(c)(1), if you are complying with the pollution prevention 
alternative.
    (6) Documentation of the practices that you will implement to 
minimize HAP emissions from streams that contain energetics and organic 
peroxides, and rationale for why meeting the emission limit specified in 
tables 1 through 7 to this subpart would create an undue safety hazard.
    (7) For fabric filters that are monitored with bag leak detectors, 
an operation and maintenance plan that describes proper operation and 
maintenance procedures, and a corrective action plan that describes 
corrective actions to be taken, and the timing of those actions, when 
the PM concentration exceeds the set point and activates the alarm.
    (8) For halogen reduction device other than a scrubber, procedures 
for establishing monitoring parameters as required by Sec. 
63.2450(e)(3)(ii).
    (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 section, and the notification of compliance 
status report must contain the information specified in paragraphs 
(d)(2) through (5) 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. 63.2445.
    (2) The notification of compliance status report must include the 
information in paragraphs (d)(2)(i) through (ix) of this section.
    (i) The results of any applicability determinations, emission 
calculations, or analyses used to identify and quantify HAP usage or HAP 
emissions from the affected source.
    (ii) The results of emissions profiles, performance tests, 
engineering analyses, design evaluations, flare compliance assessments, 
inspections and repairs, and calculations used to demonstrate initial 
compliance according to Sec. Sec. 63.2455 through 63.2485. For 
performance tests, results must include descriptions of sampling and 
analysis procedures and quality assurance procedures. If the performance 
test report is submitted electronically through the EPA's CEDRI in 
accordance with paragraph (f) of this section, the process unit(s) 
tested, the pollutant(s) tested, and the date that such performance test 
was conducted may be submitted in the notification of compliance status 
report in lieu of the performance test results. The performance test 
results must be submitted to CEDRI by

[[Page 470]]

the date the notification of compliance status report is submitted.
    (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) All operating scenarios.
    (v) Descriptions of worst-case operating and/or testing conditions 
for control devices.
    (vi) Identification of parts of the affected source subject to 
overlapping requirements described in Sec. 63.2535 and the authority 
under which you will comply.
    (vii) The information specified in Sec. 63.1039(a)(1) through (3) 
for each process subject to the work practice standards for equipment 
leaks in Table 6 to this subpart.
    (viii) Identify storage tanks for which you are complying with the 
vapor balancing alternative in Sec. 63.2470(e).
    (ix) Records as specified in Sec. 63.2535(l)(1) through (3) of 
process units used to create a PUG and calculations of the initial 
primary product of the PUG.
    (3) For flares subject to the requirements of Sec. 63.2450(e)(5), 
you must also submit the information in this paragraph (d)(3) in a 
supplement to the Notification of Compliance Status within 150 days 
after the first applicable compliance date for flare monitoring. In lieu 
of the information required in Sec. 63.987(b) of subpart SS, the 
supplement to the Notification of Compliance Status must include flare 
design (e.g., steam-assisted, air-assisted, non-assisted, or pressure-
assisted multi-point); all visible emission readings, heat content 
determinations, flow rate measurements, and exit velocity determinations 
made during the initial visible emissions demonstration required by 
Sec. 63.670(h) of subpart CC, as applicable; and all periods during the 
compliance determination when the pilot flame or flare flame is absent.
    (4) For pressure relief devices subject to the pressure release 
management work practice standards in Sec. 63.2480(e)(3), you must also 
submit the information listed in paragraphs (d)(4)(i) and (ii) of this 
section in a supplement to the Notification of Compliance Status within 
150 days after the first applicable compliance date for pressure relief 
device monitoring.
    (i) A description of the monitoring system to be implemented, 
including the relief devices and process parameters to be monitored, and 
a description of the alarms or other methods by which operators will be 
notified of a pressure release.
    (ii) A description of the prevention measures to be implemented for 
each affected pressure relief device.
    (5) For process vents, storage tanks, and equipment leaks subject to 
the requirements of Sec. 63.2493, you must also submit the information 
in this paragraph (d)(5) in a supplement to the Notification of 
Compliance Status within 150 days after the first applicable compliance 
date. The supplement to the Notification of Compliance Status must 
identify all process vents, storage tanks, and equipment that are in 
ethylene oxide service as defined in Sec. 63.2550, the method(s) used 
to control ethylene oxide emissions from each process vent and storage 
tank (i.e., use of a flare, scrubber, or other control device), the 
method(s) used to control ethylene oxide emissions from equipment (i.e., 
subpart UU or H of this part, or 40 CFR part 65, subpart F), and the 
information specified in paragraphs (d)(5)(i) through (iii) of this 
section.
    (i) For process vents, include all uncontrolled, undiluted ethylene 
oxide concentration measurements, and the calculations you used to 
determine the total uncontrolled ethylene oxide mass emission rate for 
the sum of all vent gas streams.
    (ii) For storage tanks, include the concentration of ethylene oxide 
of the fluid stored in each storage tank.
    (iii) For equipment, include the percent ethylene oxide content of 
the process fluid and the method used to determine it.
    (e) Compliance report. The compliance report must contain the 
information specified in paragraphs (e)(1) through (17) of this section. 
On and after August 12, 2023 or once the reporting template for this 
subpart has been available on the CEDRI website for 1 year, whichever 
date is later, you must submit all subsequent reports to the EPA

[[Page 471]]

via the 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 CBI. Anything submitted using 
CEDRI cannot later be claimed to be CBI. 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. Unless the 
Administrator or delegated state agency or other authority has approved 
a different schedule for submission of reports under Sec. Sec. 63.9(i) 
and 63.10(a) of subpart A, 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 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. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, CORE CBI Office, U.S. 
EPA Mailroom (C404-02), Attention: Miscellaneous Organic Chemical 
Manufacturing Sector Lead, 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 (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 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. 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 paragraph (i) or (j) of 
this section, as applicable.
    (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. If your report is submitted via CEDRI, the certifier's 
electronic signature during the submission process replaces the 
requirement in this paragrpah (e)(2).
    (3) Date of report and beginning and ending dates of the reporting 
period. You are no longer required to provide the date of report when 
the report is submitted via CEDRI.
    (4) For each SSM during which excess emissions occur, the compliance 
report must include 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, 
and include a brief description of each malfunction. On and after August 
12, 2023, this paragraph (e)(4) no longer applies; however, for 
historical compliance purposes, a copy of the plan must be retained and 
available on-site for five years after August 12, 2023.
    (5) The compliance report must contain the information on 
deviations, as defined in Sec. 63.2550, according to paragraphs 
(e)(5)(i), (ii), (iii), and (iv) 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 standard in this subpart, you must 
include the information in paragraphs (e)(5)(ii)(A) through (D) of

[[Page 472]]

this section. This includes periods of SSM.
    (A) The total operating time in hours of the affected source during 
the reporting period.
    (B) Except as specified in paragraph (e)(5)(ii)(D) of this section, 
information on the number, duration, and cause of deviations (including 
unknown cause, if applicable), as applicable, and the corrective action 
taken.
    (C) Operating logs of processes with batch vents from batch 
operations 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) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), paragraph (e)(5)(ii)(B) of this section no longer applies. 
Instead, report information for each deviation to meet an applicable 
standard. For each instance, report the start date, start time, and 
duration in hours of each deviation. For each deviation, the report must 
include a list of the affected sources or equipment, an estimate of the 
quantity in pounds of each regulated pollutant emitted over any emission 
limit, a description of the method used to estimate the emissions, the 
cause of the deviation (including unknown cause, if applicable), as 
applicable, and the corrective action taken.
    (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 
an emission limit in this subpart, you must include the information in 
paragraphs (e)(5)(iii)(A) through (N) of this section. This includes 
periods of SSM.
    (A) The start date, start time, and duration in hours that each CMS 
was inoperative, except for zero (low-level) and high-level checks.
    (B) The start date, start time, and duration in hours that each CEMS 
was out-of-control and a description of the corrective actions taken.
    (C) Except as specified in paragraph (e)(5)(iii)(M) of this section, 
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.
    (D) The total duration in hours of all deviations for each CMS 
during the reporting period, the total operating time in hours of the 
affected source during the reporting period, and the total duration as a 
percent of the total operating time of the affected source during that 
reporting period.
    (E) Except as specified in paragraph (e)(5)(iii)(N) of this section, 
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.
    (F) The total duration in hours of CMS downtime for each CMS during 
the reporting period, and the total duration of CMS downtime as a 
percent of the total operating time of the affected source during that 
reporting period.
    (G) An identification of each HAP that is known to be in the 
emission stream.
    (H) A brief description of the process units.
    (I) The monitoring equipment manufacturer(s) and model number(s) and 
the pollutant or parameter monitored.
    (J) The date of the latest CMS certification or audit.
    (K) Operating logs of processes with batch vents from batch 
operations for each day(s) during which the deviation occurred.
    (L) The operating day or operating block average values of monitored 
parameters for each day(s) during which the deviation occurred.
    (M) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), paragraph (e)(5)(iii)(C) of this section no longer applies. 
Instead, report the number of deviation to meet an applicable standard. 
For each instance, report the start date, start time and duration in 
hours of each deviation. For each deviation, the report must include a 
list of the affected sources or equipment, an estimate of the quantity 
in pounds of each regulated pollutant emitted over any emission limit, a 
description of the method used to estimate the emissions, and the cause 
of the deviation (including unknown cause, if applicable), as 
applicable, and the corrective action taken.

[[Page 473]]

    (N) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), paragraph (e)(5)(iii)(E) of this section no longer applies. 
Instead, report a breakdown of the total duration in hours of the 
deviations during the reporting period into those that are due control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (iv) If you documented in your notification of compliance status 
report that an MCPU has Group 2 batch process vents because the non-
reactive HAP is the only HAP and usage is less than 10,000 lb/yr, the 
total uncontrolled organic HAP emissions from the batch process vents in 
an MCPU will be less than 1,000 lb/yr for the anticipated number of 
standard batches, or total uncontrolled hydrogen halide and halogen HAP 
emissions from all batch process vents and continuous process vents in a 
process are less than 1,000 lb/yr, include the records associated with 
each calculation required by Sec. 63.2525(e) that exceeds an applicable 
HAP usage or emissions threshold.
    (6) 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.
    (7) Include each new operating scenario which has been operated 
since the time period covered by the last compliance report and has not 
been submitted in the notification of compliance status report or a 
previous compliance report. For each new operating scenario, you must 
report the information specified in Sec. 63.2525(b) and provide 
verification that the operating conditions for any associated control or 
treatment device have not been exceeded and that any required 
calculations and engineering analyses have been performed. For the 
purposes of this paragraph (e)(7), a revised operating scenario for an 
existing process is considered to be a new operating scenario.
    (8) For process units added to a PUG, you must report the 
description and rationale specified in Sec. 63.2525(i)(4). You must 
report your primary product redeterminations specified in Sec. 
63.2525(i)(5).
    (9) Except as specified in Sec. Sec. 63.2450(e)(4), 63.2480(f), and 
63.2485(p) and (q) and paragraph (t) of this section, applicable records 
and information for periodic reports as specified in referenced subparts 
F, G, H, SS, UU, WW, and GGG of this part and subpart F of 40 CFR part 
65.
    (10) Except as specified in paragraph (e)(10)(ii) of this section, 
whenever you make a process change, or change any of the information 
submitted in the notification of compliance status report or a previous 
compliance report, that is not within the scope of an existing operating 
scenario, you must document the change in your compliance report. A 
process change does not include moving within a range of conditions 
identified in the standard batch, and a nonstandard batch does not 
constitute a process change.
    (i) The notification must include all of the information in 
paragraphs (e)(10)(i)(A) through (C) of this section.
    (A) A description of the process change.
    (B) Revisions to any of the information reported in the original 
notification of compliance status report under paragraph (d) of this 
section.
    (C) 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 paragraph 
(e)(10)(ii)(A), (B), or (C) of this section.
    (A) Any change to the information contained in the precompliance 
report.
    (B) A change in the status of a control device from small to large.
    (C) A change from Group 2 to Group 1 for any emission point except 
for batch process vents that meet the conditions specified in Sec. 
63.2460(b)(6)(i).
    (11) For each flare subject to the requirements in Sec. 
63.2450(e)(5), the compliance report must include the items specified in 
paragraphs (e)(11)(i) through (vi) of this section in lieu of the 
information required in Sec. 63.999(c)(3) of subpart SS.

[[Page 474]]

    (i) Records as specified in Sec. 63.2525(m)(1) for each 15-minute 
block during which there was at least one minute when regulated material 
is routed to a flare and no pilot flame or flare flame is present. 
Include the start and stop time and date of each 15-minute block.
    (ii) Visible emission records as specified in Sec. 
63.2525(m)(2)(iv) for each period of 2 consecutive hours during which 
visible emissions exceeded a total of 5 minutes.
    (iii) The periods specified in Sec. 63.2525(m)(6). Indicate the 
date and start and end times for each period, and the net heating value 
operating parameter(s) determined following the methods in Sec. 
63.670(k) through (n) of subpart CC as applicable.
    (iv) For flaring events meeting the criteria in Sec. Sec. 
63.670(o)(3) of subpart CC and 63.2450(e)(5)(v):
    (A) The start and stop time and date of the flaring event.
    (B) The length of time in minutes for which emissions were visible 
from the flare during the event.
    (C) For steam-assisted, air-assisted, and non-assisted flares, the 
start date, start time, and duration in minutes for periods of time that 
the flare tip velocity exceeds the maximum flare tip velocity determined 
using the methods in Sec. 63.670(d)(2) of subpart CC and the maximum 
15-minute block average flare tip velocity in ft/sec recorded during the 
event.
    (D) Results of the root cause and corrective actions analysis 
completed during the reporting period, including the corrective actions 
implemented during the reporting period and, if applicable, the 
implementation schedule for planned corrective actions to be implemented 
subsequent to the reporting period.
    (v) For pressure-assisted multi-point flares, the periods of time 
when the pressure monitor(s) on the main flare header show the burners 
operating outside the range of the manufacturer's specifications. 
Indicate the date and start and end times for each period.
    (vi) For pressure-assisted multi-point flares, the periods of time 
when the staging valve position indicator monitoring system indicates a 
stage should not be in operation and is or when a stage should be in 
operation and is not. Indicate the date and start and end times for each 
period.
    (12) For bypass lines subject to the requirements Sec. 
63.2450(e)(6), the compliance report must include the start date, start 
time, duration in hours, estimate of the volume of gas in standard cubic 
feet, the concentration of organic HAP in the gas in parts per million 
by volume and the resulting mass emissions of organic HAP in pounds that 
bypass a control device. For periods when the flow indicator is not 
operating, report the start date, start time, and duration in hours.
    (13) For each nonregenerative adsorber and regenerative adsorber 
that is regenerated offsite subject to the requirements in Sec. 
63.2450(e)(7), you must report the date of each instance when 
breakthrough, as defined in Sec. 63.2550(i), is detected between the 
first and second adsorber and the adsorber is not replaced according to 
Sec. 63.2450(e)(7)(iii)(A).
    (14) For any maintenance vent release exceeding the applicable 
limits in Sec. 63.2450(v)(1), the compliance report must include the 
information specified in paragraphs (e)(14)(i) through (iv) of this 
section. For the purposes of this reporting requirement, if you comply 
with Sec. 63.2450(v)(1)(iv) then you must report each venting event 
conducted under those provisions and include an explanation for each 
event as to why utilization of this alternative was required.
    (i) Identification of the maintenance vent and the equipment served 
by the maintenance vent.
    (ii) The date and time the maintenance vent was opened to the 
atmosphere.
    (iii) The lower explosive limit in percent, vessel pressure in psig, 
or mass in pounds of VOC in the equipment, as applicable, at the start 
of atmospheric venting. If the 5 psig vessel pressure option in Sec. 
63.2450(v)(1)(ii) was used and active purging was initiated while the 
lower explosive limit was 10 percent or greater, also include the lower 
explosive limit of the vapors at the time active purging was initiated.
    (iv) An estimate of the mass in pounds of organic HAP released 
during the entire atmospheric venting event.

[[Page 475]]

    (15) Compliance reports for pressure relief devices subject to the 
requirements Sec. 63.2480(e) must include the information specified in 
paragraphs (e)(15)(i) through (iii) of this section.
    (i) For pressure relief devices in organic HAP gas or vapor service, 
pursuant to Sec. 63.2480(e)(1), report the instrument readings and 
dates for all readings of 500 ppmv or greater.
    (ii) For pressure relief devices in organic HAP gas or vapor service 
subject to Sec. 63.2480(e)(2), report the instrument readings and dates 
of instrument monitoring conducted.
    (iii) For pressure relief devices in organic HAP service subject to 
Sec. 63.2480(e)(3), report each pressure release to the atmosphere, 
including the start date, start time, and duration in minutes of the 
pressure release and an estimate of the mass quantity in pounds of each 
organic HAP released; the results of any root cause analysis and 
corrective action analysis completed during the reporting period, 
including the corrective actions implemented during the reporting 
period; and, if applicable, the implementation schedule for planned 
corrective actions to be implemented subsequent to the reporting period.
    (16) For each heat exchange system subject to Sec. 63.2490(d), 
beginning no later than the compliance dates specified in Sec. 
63.2445(g), the reporting requirements of Sec. 63.104(f)(2) no longer 
apply; instead, the compliance report must include the information 
specified in paragraphs (e)(16)(i) through (v) of this section.
    (i) The number of heat exchange systems at the plant site subject to 
the monitoring requirements in Sec. 63.2490(d) during the reporting 
period;
    (ii) The number of heat exchange systems subject to the monitoring 
requirements in Sec. 63.2490(d) at the plant site found to be leaking 
during the reporting period;
    (iii) For each monitoring location where the total strippable 
hydrocarbon concentration or total hydrocarbon mass emissions rate was 
determined to be equal to or greater than the applicable leak 
definitions specified in Sec. 63.2490(d)(1)(v) during the reporting 
period, identification of the monitoring location (e.g., unique 
monitoring location or heat exchange system ID number), the measured 
total strippable hydrocarbon concentration or total hydrocarbon mass 
emissions rate, the date the leak was first identified, and, if 
applicable, the date the source of the leak was identified;
    (iv) For leaks that were repaired during the reporting period 
(including delayed repairs), identification of the monitoring location 
associated with the repaired leak, the total strippable hydrocarbon 
concentration or total hydrocarbon mass emissions rate measured during 
re-monitoring to verify repair, and the re-monitoring date (i.e., the 
effective date of repair); and
    (v) For each delayed repair, identification of the monitoring 
location associated with the leak for which repair is delayed, the date 
when the delay of repair began, the date the repair is expected to be 
completed (if the leak is not repaired during the reporting period), the 
total strippable hydrocarbon concentration or total hydrocarbon mass 
emissions rate and date of each monitoring event conducted on the 
delayed repair during the reporting period, and an estimate in pounds of 
the potential total hydrocarbon emissions over the reporting period 
associated with the delayed repair.
    (17) For process vents and storage tanks in ethylene oxide service 
subject to the requirements of Sec. 63.2493, the compliance report must 
include:
    (i) The periods specified in Sec. 63.2525(s)(4). Indicate the date 
and start and end times for each period.
    (ii) If you obtain an instrument reading greater than 500 ppmv of a 
leak when monitoring a pressure vessel in accordance with Sec. 
63.2493(c)(2), submit a copy of the records specified in Sec. 
63.2525(s)(5)(ii).
    (iii) Reports for equipment subject to the requirements of Sec. 
63.2493 as specified in paragraph (e)(9) of this section.
    (f) Performance test reports. Beginning no later than October 13, 
2020, you must submit performance test reports in accordance with this 
paragraph (f). Unless otherwise specified in this subpart, 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

[[Page 476]]

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 CEDRI, which can be accessed through the 
EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a file 
format generated through the use of the EPA's ERT. Alternatively, you 
may submit an electronic file consistent with the extensible markup 
language (XML) schema listed on the EPA's ERT website.
    (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). 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 
wish to assert a CBI claim, 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. Environmental Protection Agency, Office of Air 
Quality Planning and Standards, Sector Policies and Programs Division, 
CORE CBI Office, U.S. EPA Mailroom (C404-02), Attention: Group Leader, 
Measurement Policy Group, 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) and (2) 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 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.
    (g) CEMS relative accuracy test audit (RATA) Performance evaluation 
reports. Beginning no later than October 13, 2020, you must start 
submitting CEMS RATA performance evaluation reports in accordance with 
this paragraph (g). Unless otherwise specified in this subpart, within 
60 days after the date of completing each continuous monitoring system 
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 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 (CBI). 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.

[[Page 477]]

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 wish 
to assert a CBI claim, 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. Environmental Protection Agency, Office of Air 
Quality Planning and Standards, Sector Policies and Programs Division, 
CORE CBI Office, U.S. EPA Mailroom (C404-02), Attention: Group Leader, 
Measurement Policy Group, 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) 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.
    (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 
that 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) A description of 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 that 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) 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 that 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 paragraph 
(i)(1), 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).

[[Page 478]]

    (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) A description of 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 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 
FR 40336, July 14, 2006; 85 FR 49150, Aug. 12, 2020]



Sec. 63.2525  What records must I keep?

    You must keep the records specified in paragraphs (a) through (t) of 
this section.
    (a) Except as specified in Sec. Sec. 63.2450(e)(4), 63.2480(f), and 
63.2485(p) and (q) and paragraph (t) of this section, each applicable 
record required by subpart A of this part and in referenced subparts F, 
G, SS, UU, WW, and GGG of this part and in referenced subpart F of 40 
CFR part 65.
    (b) Records of each operating scenario as specified in paragraphs 
(b)(1) through (8) of this section.
    (1) A description of the process and the type of process equipment 
used.
    (2) An identification of related process vents, including their 
associated emissions episodes if not complying with the alternative 
standard in Sec. 63.2505; wastewater point of determination (POD); 
storage tanks; and transfer racks.
    (3) The applicable control requirements of this subpart, including 
the level of required control, and for vents, the level of control for 
each vent.
    (4) The control device or treatment process used, as applicable, 
including a description of operating and/or testing conditions for any 
associated control device.
    (5) The process vents, wastewater POD, transfer racks, and storage 
tanks (including those from other processes) that are simultaneously 
routed to the control device or treatment process(s).
    (6) The applicable monitoring requirements of this subpart and any 
parametric level that assures compliance for all emissions routed to the 
control device or treatment process.
    (7) Calculations and engineering analyses required to demonstrate 
compliance.
    (8) For reporting purposes, a change to any of these elements not 
previously reported, except for paragraph (b)(5) of this section, 
constitutes a new operating scenario.
    (c) A schedule or log of operating scenarios for processes with 
batch vents from batch operations updated each time a different 
operating scenario is put into effect.
    (d) The information specified in paragraphs (d)(1) and (2) of this 
section for Group 1 batch process vents in compliance with a percent 
reduction emission limit in Table 2 to this subpart if some of the vents 
are controlled to less the percent reduction requirement.
    (1) Records of whether each batch operated was considered a standard 
batch.
    (2) The estimated uncontrolled and controlled emissions for each 
batch that is considered to be a nonstandard batch.
    (e) The information specified in paragraph (e)(2), (3), or (4) of 
this section, as applicable, for each process with Group 2 batch process 
vents or uncontrolled hydrogen halide and halogen HAP emissions from the 
sum of all batch and continuous process vents less than 1,000 lb/yr. No 
records are required for situations described in paragraph (e)(1) of 
this section.
    (1) No records are required if you documented in your notification 
of compliance status report that the MCPU meets any of the situations 
described

[[Page 479]]

in paragraph (e)(1)(i), (ii), or (iii) of this section.
    (i) The MCPU does not process, use, or generate HAP.
    (ii) You control the Group 2 batch process vents using a flare that 
meets the requirements of Sec. 63.987 or Sec. 63.2450(e)(5), as 
applicable.
    (iii) You control the Group 2 batch process vents using a control 
device for which your determination of worst case for initial compliance 
includes the contribution of all Group 2 batch process vents.
    (2) If you documented in your notification of compliance status 
report that an MCPU has Group 2 batch process vents because the non-
reactive organic HAP is the only HAP and usage is less than 10,000 lb/
yr, as specified in Sec. 63.2460(b)(7), you must keep records of the 
amount of HAP material used, and calculate the daily rolling annual sum 
of the amount used no less frequently than monthly. If a record 
indicates usage exceeds 10,000 lb/yr, you must estimate emissions for 
the preceding 12 months based on the number of batches operated and the 
estimated emissions for a standard batch, and you must begin 
recordkeeping as specified in paragraph (e)(4) of this section. After 1 
year, you may revert to recording only usage if the usage during the 
year is less than 10,000 lb.
    (3) If you documented in your notification of compliance status 
report that total uncontrolled organic HAP emissions from the batch 
process vents in an MCPU will be less than 1,000 lb/yr for the 
anticipated number of standard batches, then you must keep records of 
the number of batches operated and calculate a daily rolling annual sum 
of batches operated no less frequently than monthly. If the number of 
batches operated results in organic HAP emissions that exceed 1,000 lb/
yr, you must estimate emissions for the preceding 12 months based on the 
number of batches operated and the estimated emissions for a standard 
batch, and you must begin recordkeeping as specified in paragraph (e)(4) 
of this section. After 1 year, you may revert to recording only the 
number of batches if the number of batches operated during the year 
results in less than 1,000 lb of organic HAP emissions.
    (4) If you meet none of the conditions specified in paragraphs 
(e)(1) through (3) of this section, you must keep records of the 
information specified in paragraphs (e)(4)(i) through (iv) of this 
section.
    (i) A record of the day each batch was completed and/or the 
operating hours per day for continuous operations with hydrogen halide 
and halogen emissions.
    (ii) A record of whether each batch operated was considered a 
standard batch.
    (iii) The estimated uncontrolled and controlled emissions for each 
batch that is considered to be a nonstandard batch.
    (iv) Records of the daily 365-day rolling summations of emissions, 
or alternative records that correlate to the emissions (e.g., number of 
batches), calculated no less frequently than monthly.
    (f) A record of each time a safety device is opened to avoid unsafe 
conditions in accordance with Sec. 63.2450(p).
    (g) Records of the results of each CPMS calibration check and the 
maintenance performed, as specified in Sec. 63.2450(k)(1).
    (h) Except as specified in paragraph (l) of this section, for each 
CEMS, you must keep 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.
    (i) For each PUG, you must keep records specified in paragraphs 
(i)(1) through (5) of this section.
    (1) Descriptions of the MCPU and other process units in the initial 
PUG required by Sec. 63.2535(l)(1)(v).
    (2) Rationale for including each MCPU and other process unit in the 
initial PUG (i.e., identify the overlapping equipment between process 
units) required by Sec. 63.2535(l)(1)(v).
    (3) Calculations used to determine the primary product for the 
initial PUG required by Sec. 63.2535(l)(2)(iv).
    (4) Descriptions of process units added to the PUG after the 
creation date and rationale for including the additional process units 
in the PUG as required by Sec. 63.2535(l)(1)(v).

[[Page 480]]

    (5) The calculation of each primary product redetermination required 
by Sec. 63.2535(l)(2)(iv).
    (j) In the SSMP required by Sec. 63.6(e)(3) of subpart A, you are 
not required to include Group 2 emission points, unless those emission 
points are used in an emissions average. For equipment leaks, the SSMP 
requirement is limited to control devices and is optional for other 
equipment. On and after August 12, 2023, this paragraph (j) no longer 
applies.
    (k) For each bag leak detector used to monitor PM HAP emissions from 
a fabric filter, maintain records of any bag leak detection alarm, 
including the date and time, with a brief explanation of the cause of 
the alarm and the corrective action taken.
    (l) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), paragraph (h) of this section no longer applies. Instead, 
for each deviation from an emission limit, operating limit, or work 
practice standard, you must keep a record of the information specified 
in paragraph (l)(1) through (3) of this section. The records shall be 
maintained as specified in Sec. 63.10(b)(1) of subpart A.
    (1) In the event that an affected unit does not meet an applicable 
standard, record the number of deviations. For each deviation record the 
date, time, and duration of each deviation.
    (2) For each deviation from an applicable standard, record and 
retain a list of the affected sources or equipment, an estimate of the 
quantity of each regulated pollutant emitted over any emission limit and 
a description of the method used to estimate the emissions.
    (3) Record actions taken to minimize emissions in accordance with 
Sec. 63.2450(u) and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.
    (m) For each flare subject to the requirements in Sec. 
63.2450(e)(5), you must keep records specified in paragraphs (m)(1) 
through (14) of this section in lieu of the information required in 
Sec. 63.998(a)(1) of subpart SS.
    (1) Retain records of the output of the monitoring device used to 
detect the presence of a pilot flame or flare flame as required in Sec. 
63.670(b) of subpart CC and the presence of a pilot flame as required in 
Sec. 63.2450(e)(5)(viii)(D) for a minimum of 2 years. Retain records of 
each 15-minute block during which there was at least one minute that no 
pilot flame or flare flame is present when regulated material is routed 
to a flare for a minimum of 5 years. For a pressure-assisted multi-point 
flare that uses cross-lighting, retain records of each 15-minute block 
during which there was at least one minute that no pilot flame is 
present on each stage when regulated material is routed to a flare for a 
minimum of 5 years. You may reduce the collected minute-by-minute data 
to a 15-minute block basis with an indication of whether there was at 
least one minute where no pilot flame or flare flame was present.
    (2) Retain records of daily visible emissions observations as 
specified in paragraphs (m)(2)(i) through (iv) of this section, as 
applicable, for a minimum of 3 years.
    (i) To determine when visible emissions observations are required, 
the record must identify all periods when regulated material is vented 
to the flare.
    (ii) If visible emissions observations are performed using Method 22 
of 40 CFR part 60, appendix A-7, then the record must identify whether 
the visible emissions observation was performed, the results of each 
observation, total duration of observed visible emissions, and whether 
it was a 5-minute or 2-hour observation. Record the date and start time 
of each visible emissions observation.
    (iii) If a video surveillance camera is used pursuant to Sec. 
63.670(h)(2) of subpart CC, then the record must include all video 
surveillance images recorded, with time and date stamps.
    (iv) For each 2 hour period for which visible emissions are observed 
for more than 5 minutes in 2 consecutive hours, then the record must 
include the date and start and end time of the 2 hour period and an 
estimate of the cumulative number of minutes in the 2 hour period for 
which emissions were visible.
    (3) The 15-minute block average cumulative flows for flare vent gas 
and, if applicable, total steam, perimeter assist air, and premix assist 
air specified

[[Page 481]]

to be monitored under Sec. 63.670(i) of subpart CC, along with the date 
and time interval for the 15-minute block. If multiple monitoring 
locations are used to determine cumulative vent gas flow, total steam, 
perimeter assist air, and premix assist air, then retain records of the 
15-minute block average flows for each monitoring location for a minimum 
of 2 years, and retain the 15-minute block average cumulative flows that 
are used in subsequent calculations for a minimum of 5 years. If 
pressure and temperature monitoring is used, then retain records of the 
15-minute block average temperature, pressure, and molecular weight of 
the flare vent gas or assist gas stream for each measurement location 
used to determine the 15-minute block average cumulative flows for a 
minimum of 2 years, and retain the 15-minute block average cumulative 
flows that are used in subsequent calculations for a minimum of 5 years.
    (4) The flare vent gas compositions specified to be monitored under 
Sec. 63.670(j) of subpart CC. Retain records of individual component 
concentrations from each compositional analysis for a minimum of 2 
years. If an NHVvg analyzer is used, retain records of the 15-minute 
block average values for a minimum of 5 years.
    (5) Each 15-minute block average operating parameter calculated 
following the methods specified in Sec. 63.670(k) through (n) of 
subpart CC, as applicable.
    (6) All periods during which operating values are outside of the 
applicable operating limits specified in Sec. Sec. 63.670(d) through 
(f) of subpart CC and 63.2450(e)(5)(viii) when regulated material is 
being routed to the flare.
    (7) All periods during which you do not perform flare monitoring 
according to the procedures in Sec. 63.670(g) through (j) of subpart 
CC.
    (8) For pressure-assisted multi-point flares, if a stage of burners 
on the flare uses cross-lighting, then a record of any changes made to 
the distance between burners.
    (9) For pressure-assisted multi-point flares, all periods when the 
pressure monitor(s) on the main flare header show burners are operating 
outside the range of the manufacturer's specifications. Indicate the 
date and time for each period, the pressure measurement, the stage(s) 
and number of burners affected, and the range of manufacturer's 
specifications.
    (10) For pressure-assisted multi-point flares, all periods when the 
staging valve position indicator monitoring system indicates a stage of 
the pressure-assisted multi-point flare should not be in operation and 
when a stage of the pressure-assisted multi-point flare should be in 
operation and is not. Indicate the date and time for each period, 
whether the stage was supposed to be open, but was closed or vice versa, 
and the stage(s) and number of burners affected.
    (11) Records of periods when there is flow of vent gas to the flare, 
but when there is no flow of regulated material to the flare, including 
the start and stop time and dates of periods of no regulated material 
flow.
    (12) Records when the flow of vent gas exceeds the smokeless 
capacity of the flare, including start and stop time and dates of the 
flaring event.
    (13) Records of the root cause analysis and corrective action 
analysis conducted as required in Sec. Sec. 63.670(o)(3) of subpart CC 
and 63.2450(e)(5)(v), including an identification of the affected flare, 
the date and duration of the event, a statement noting whether the event 
resulted from the same root cause(s) identified in a previous analysis 
and either a description of the recommended corrective action(s) or an 
explanation of why corrective action is not necessary under Sec. 
63.670(o)(5)(i) of subpart CC.
    (14) For any corrective action analysis for which implementation of 
corrective actions are required in Sec. 63.670(o)(5) of subpart CC, a 
description of the corrective action(s) completed within the first 45 
days following the discharge and, for action(s) not already completed, a 
schedule for implementation, including proposed commencement and 
completion dates.
    (n) For each flow event from a bypass line subject to the 
requirements in Sec. 63.2450(e)(6), you must maintain records 
sufficient to determine whether or not the detected flow included flow 
requiring control. For each flow event from a bypass line requiring 
control

[[Page 482]]

that is released either directly to the atmosphere or to a control 
device not meeting the requirements specified in Tables 1 through 7 to 
this subpart, you must include an estimate of the volume of gas, the 
concentration of organic HAP in the gas and the resulting emissions of 
organic HAP that bypassed the control device using process knowledge and 
engineering estimates.
    (o) For each nonregenerative adsorber and regenerative adsorber that 
is regenerated offsite subject to the requirements in Sec. 
63.2450(e)(7), you must keep the applicable records specified in 
paragraphs (o)(1) through (4) of this section.
    (1) Outlet HAP or TOC concentration for each adsorber bed measured 
during each performance test conducted.
    (2) Daily outlet HAP or TOC concentration.
    (3) Date and time you last replaced the adsorbent.
    (4) If you conduct monitoring less frequently than daily as 
specified in Sec. 63.2450(e)(7)(iii)(B), you must record the average 
life of the bed.
    (p) For each maintenance vent opening subject to the requirements in 
Sec. 63.2450(v), you must keep the applicable records specified in 
paragraphs (p)(1) through (5) of this section.
    (1) You must maintain standard site procedures used to deinventory 
equipment for safety purposes (e.g., hot work or vessel entry 
procedures) to document the procedures used to meet the requirements in 
Sec. 63.2450(v). The current copy of the procedures must be retained 
and available on-site at all times. Previous versions of the standard 
site procedures, as applicable, must be retained for five years.
    (2) If complying with the requirements of Sec. 63.2450(v)(1)(i) and 
the lower explosive limit at the time of the vessel opening exceeds 10 
percent, identification of the maintenance vent, the process units or 
equipment associated with the maintenance vent, the date of maintenance 
vent opening, and the lower explosive limit at the time of the vessel 
opening.
    (3) If complying with the requirements of Sec. 63.2450(v)(1)(ii) 
and either the vessel pressure at the time of the vessel opening exceeds 
5 psig or the lower explosive limit at the time of the active purging 
was initiated exceeds 10 percent, identification of the maintenance 
vent, the process units or equipment associated with the maintenance 
vent, the date of maintenance vent opening, the pressure of the vessel 
or equipment at the time of discharge to the atmosphere and, if 
applicable, the lower explosive limit of the vapors in the equipment 
when active purging was initiated.
    (4) If complying with the requirements of Sec. 63.2450(v)(1)(iii), 
records of the estimating procedures used to determine the total 
quantity of VOC in the equipment and the type and size limits of 
equipment that contain less than 50 pounds of VOC at the time of 
maintenance vent opening. For each maintenance vent opening that 
contains greater than 50 pounds of VOC for which the deinventory 
procedures specified in paragraph (p)(1) of this section are not 
followed or for which the equipment opened exceeds the type and size 
limits established in the records specified in this paragraph (p)(4), 
records that identify the maintenance vent, the process units or 
equipment associated with the maintenance vent, the date of maintenance 
vent opening, and records used to estimate the total quantity of VOC in 
the equipment at the time the maintenance vent was opened to the 
atmosphere.
    (5) If complying with the requirements of Sec. 63.2450(v)(1)(iv), 
identification of the maintenance vent, the process units or equipment 
associated with the maintenance vent, records documenting actions taken 
to comply with other applicable alternatives and why utilization of this 
alternative was required, the date of maintenance vent opening, the 
equipment pressure and lower explosive limit of the vapors in the 
equipment at the time of discharge, an indication of whether active 
purging was performed and the pressure of the equipment during the 
installation or removal of the blind if active purging was used, the 
duration the maintenance vent was open during the blind installation or 
removal process, and records used to estimate the total quantity of VOC 
in the equipment at the time the maintenance vent was opened to the 
atmosphere for each applicable maintenance vent opening.

[[Page 483]]

    (q) For each pressure relief device subject to the pressure release 
management work practice standards in Sec. 63.2480(e), you must keep 
the records specified in paragraphs (q)(1) through (3) of this section.
    (1) Records of the prevention measures implemented as required in 
Sec. 63.2480(e)(3)(ii).
    (2) Records of the number of releases during each calendar year and 
the number of those releases for which the root cause was determined to 
be a force majeure event. Keep these records for the current calendar 
year and the past 5 calendar years.
    (3) For each release to the atmosphere, you must keep the records 
specified in paragraphs (q)(3)(i) through (iv) of this section.
    (i) The start and end time and date of each pressure release to the 
atmosphere.
    (ii) Records of any data, assumptions, and calculations used to 
estimate of the mass quantity of each organic HAP released during the 
event.
    (iii) Records of the root cause analysis and corrective action 
analysis conducted as required in Sec. 63.2480(e)(3)(iii), including an 
identification of the affected facility, a statement noting whether the 
event resulted from the same root cause(s) identified in a previous 
analysis and either a description of the recommended corrective 
action(s) or an explanation of why corrective action is not necessary 
under Sec. 63.2480(e)(7)(i).
    (iv) For any corrective action analysis for which implementation of 
corrective actions are required in Sec. 63.2480(e)(7), a description of 
the corrective action(s) completed within the first 45 days following 
the discharge and, for action(s) not already completed, a schedule for 
implementation, including proposed commencement and completion dates.
    (r) For each heat exchange system, beginning no later than the 
compliance dates specified in Sec. 63.2445(g), the recordkeeping 
requirements of Sec. 63.104(f)(1) no longer apply; instead, you must 
keep records in paragraphs (r)(1) through (4) of this section.
    (1) Monitoring data required by Sec. 63.2490(d) that indicate a 
leak, the date the leak was detected, or, if applicable, the basis for 
determining there is no leak.
    (2) The dates of efforts to repair leaks.
    (3) The method or procedures used to confirm repair of a leak and 
the date the repair was confirmed.
    (4) Documentation of delay of repair as specified in paragraphs 
(r)(4)(i) through (iv) of this section.
    (i) The reason(s) for delaying repair.
    (ii) A schedule for completing the repair as soon as practical.
    (iii) The date and concentration or mass emissions rate of the leak 
as first identified and the results of all subsequent monitoring events 
during the delay of repair.
    (iv) An estimate of the potential total hydrocarbon emissions from 
the leaking heat exchange system or heat exchanger for each required 
delay of repair monitoring interval following the procedures in 
paragraphs (r)(4)(iv)(A) through (C) of this section.
    (A) If you comply with the total strippable hydrocarbon 
concentration leak action level, as specified in Sec. 
63.2490(d)(1)(iv), you must calculate the mass emissions rate by 
complying with the requirements of Sec. 63.2490(d)(1)(iii)(B) or by 
determining the mass flow rate of the cooling water at the monitoring 
location where the leak was detected. If the monitoring location is an 
individual cooling tower riser, determine the total cooling water mass 
flow rate to the cooling tower. Cooling water mass flow rates may be 
determined using direct measurement, pump curves, heat balance 
calculations, or other engineering methods. If you determine the mass 
flow rate of the cooling water, calculate the mass emissions rate by 
converting the stripping gas leak concentration (in ppmv as methane) to 
an equivalent liquid concentration, in parts per million by weight 
(ppmw), using equation 7-1 from ``Air Stripping Method (Modified El Paso 
Method) for Determination of Volatile Organic Compound Emissions from 
Water Sources'' (incorporated by reference--see Sec. 63.14) and 
multiply the equivalent liquid concentration by the mass flow rate of 
the cooling water.

[[Page 484]]

    (B) For delay of repair monitoring intervals prior to repair of the 
leak, calculate the potential total hydrocarbon emissions for the 
leaking heat exchange system or heat exchanger for the monitoring 
interval by multiplying the mass emissions rate, determined in Sec. 
63.2490(d)(1)(iii)(B) or paragraph (r)(4)(iv)(A) of this section, by the 
duration of the delay of repair monitoring interval. The duration of the 
delay of repair monitoring interval is the time period starting at 
midnight on the day of the previous monitoring event or at midnight on 
the day the repair would have had to be completed if the repair had not 
been delayed, whichever is later, and ending at midnight of the day the 
of the current monitoring event.
    (C) For delay of repair monitoring intervals ending with a repaired 
leak, calculate the potential total hydrocarbon emissions for the 
leaking heat exchange system or heat exchanger for the final delay of 
repair monitoring interval by multiplying the duration of the final 
delay of repair monitoring interval by the mass emissions rate 
determined for the last monitoring event prior to the re-monitoring 
event used to verify the leak was repaired. The duration of the final 
delay of repair monitoring interval is the time period starting at 
midnight of the day of the last monitoring event prior to re-monitoring 
to verify the leak was repaired and ending at the time of the re-
monitoring event that verified that the leak was repaired.
    (s) For process vents and storage tanks in ethylene oxide service 
subject to the requirements of Sec. 63.2493, you must keep the records 
specified in paragraphs (s)(1) through (5) of this section in addition 
to those records specified in paragraph (a) of this section. Records for 
equipment in ethylene oxide service subject to the requirements of Sec. 
63.2493 are specified in paragraph (a) of this section.
    (1) For process vents, include all uncontrolled, undiluted ethylene 
oxide concentration measurements, and the calculations you used to 
determine the total uncontrolled ethylene oxide mass emission rate for 
the sum of all vent gas streams.
    (2) For storage tanks, records of the concentration of ethylene 
oxide of the fluid stored in each storage tank.
    (3) For equipment, records of the percent ethylene oxide content of 
the process fluid and the method used to determine it.
    (4) If you vent emissions through a closed-vent system to a non-
flare control device, then you must keep records of all periods during 
which operating values are outside of the applicable operating limits 
specified in Sec. 63.2493(b)(4) through (6) when regulated material is 
being routed to the non-flare control device. The record must specify 
the operating parameter, the applicable limit, and the highest (for 
maximum operating limits) or lowest (for minimum operating limits) value 
recorded during the period.
    (5) For pressure vessels subject to Sec. 63.2493(c), records as 
specified in paragraphs (s)(5)(i) through (iv) of this section.
    (i) The date of each performance test conducted according to Sec. 
63.2493(c)(2).
    (ii) The instrument reading of each performance test conducted 
according to Sec. 63.2493(c)(2), including the following:
    (A) Date each defect was detected.
    (B) Date of the next performance test that shows the instrument 
reading is less than 500 ppmv.
    (C) Start and end dates of each period after the date in paragraph 
(s)(5)(ii)(A) of this section when the pressure vessel was completely 
empty.
    (D) Estimated emissions from each defect.
    (t) 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.
    (u) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), the referenced provisions specified in paragraphs (u)(1) 
through (8) of this section do not apply when demonstrating compliance 
with paragraph (a) of this section.

[[Page 485]]

    (1) Section 63.103(c)(2)(i) of subpart F.
    (2) Section 63.103(c)(2)(ii) of subpart F.
    (3) The phrase ``start-up, shutdown and malfunction and'' from Sec. 
63.103(c)(3) of subpart F.
    (4) The phrase ``other than startups, shutdowns, or malfunctions 
(e.g., a temperature reading of -200 [deg]C on a boiler),'' from Sec. 
63.152(g)(1)(i) of subpart G.
    (5) The phrase ``other than a startup, shutdown, or malfunction'' 
from Sec. 63.152(g)(1)(ii)(C) of subpart G.
    (6) The phrase ``other than startups, shutdowns, or malfunctions'' 
from Sec. 63.152(g)(1)(iii) of subpart G.
    (7) The phrase ``other than a startup, shutdown, or malfunction'' 
from Sec. 63.152(g)(2)(iii) of subpart G.
    (8) Section 63.152(g)(2)(iv)(A) of subpart G.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 
FR 40337, July 14, 2006; 85 FR 49155, Aug. 12, 2020]

                   Other Requirements and Information



Sec. 63.2535  What compliance options do I have if part of 
my plant is subject to both this subpart and another subpart?

    For any equipment, emission stream, or wastewater stream not subject 
to Sec. 63.2493 but subject to other provisions of both this subpart 
and another subpart, you may elect to comply only with the provisions as 
specified in paragraphs (a) through (l) of this section. You also must 
identify the subject equipment, emission stream, or wastewater stream, 
and the provisions with which you will comply, in your notification of 
compliance status report required by Sec. 63.2520(d).
    (a) Compliance with other subparts of this part 63. (1) If you have 
an MCPU that includes a batch process vent that also is part of a CMPU 
as defined in subparts F and G of this part 63, you must comply with the 
emission limits; operating limits; work practice standards; and the 
compliance, monitoring, reporting, and recordkeeping requirements for 
batch process vents in this subpart, and you must continue to comply 
with the requirements in subparts F, G, and H of this part 63 that are 
applicable to the CMPU and associated equipment.
    (2) After the compliance dates specified in Sec. 63.2445, at an 
offsite reloading or cleaning facility subject to Sec. 63.1253(f), as 
referenced from Sec. 63.2470(e), compliance with the monitoring, 
recordkeeping, and reporting provisions of any other subpart of this 
part 63 constitutes compliance with the monitoring, recordkeeping, and 
reporting provisions of Sec. 63.1253(f)(7)(ii) or Sec. 
63.1253(f)(7)(iii). You must identify in your notification of compliance 
status report required by Sec. 63.2520(d) the subpart of this part 63 
with which the owner or operator of the offsite reloading or cleaning 
facility complies.
    (b) Compliance with 40 CFR parts 264 and 265, subparts AA, BB, and/
or CC. (1) After the compliance dates specified in Sec. 63.2445, 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 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 (b)(1), 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 
described in Sec. 63.2520(e).
    (2) After the compliance dates specified in Sec. 63.2445, if you 
have an affected source with equipment that is also subject to 40 CFR 
part 264, subpart BB, or to 40 CFR part 265, subpart BB, then compliance 
with the recordkeeping and reporting requirements of 40 CFR parts 264 
and/or 265 may be used to comply with the recordkeeping and reporting

[[Page 486]]

requirements of this subpart, to the extent that the requirements of 40 
CFR parts 264 and/or 265 duplicate the requirements of this subpart.
    (c) Compliance with 40 CFR part 60, subpart Kb and 40 CFR part 61, 
subpart Y. After the compliance dates specified in Sec. 63.2445, you 
are in compliance with the provisions of this subpart FFFF for any 
storage tank that is assigned to an MCPU and that is both controlled 
with a floating roof and in compliance with the provisions of either 40 
CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y. You are in 
compliance with this subpart FFFF if you have a storage tank with a 
fixed roof, closed-vent system, and control device in compliance with 
the provisions of either 40 CFR part 60, subpart Kb, or 40 CFR part 61, 
subpart Y, except that you must comply with the monitoring, 
recordkeeping, and reporting requirements in this subpart FFFF. 
Alternatively, if a storage tank assigned to an MCPU is subject to 
control under 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, 
you may elect to comply only with the requirements for Group 1 storage 
tanks in this subpart FFFF.
    (d) Compliance with subpart I, GGG, or MMM of this part. After the 
compliance dates specified in Sec. 63.2445, if you have an affected 
source with equipment subject to subpart I, GGG, or MMM of this part, 
you may elect to comply with the provisions of subpart H, GGG, or MMM of 
this part, respectively, for all such equipment, except the affirmative 
defense requirements in subparts GGG and MMM no longer apply.
    (e) Compliance with subpart GGG of this part 63 for wastewater. 
After the compliance dates specified in Sec. 63.2445, if you have an 
affected source subject to this subpart and you have an affected source 
that generates wastewater streams that meet the applicability thresholds 
specified in Sec. 63.1256, you may elect to comply with the provisions 
of this subpart FFFF for all such wastewater streams.
    (f) Compliance with subpart MMM of this part 63 for wastewater. 
After the compliance dates specified in Sec. 63.2445, if you have an 
affected source subject to this subpart, and you have an affected source 
that generates wastewater streams that meet the applicability thresholds 
specified in Sec. 63.1362(d), you may elect to comply with the 
provisions of this subpart FFFF for all such wastewater streams (except 
that the 99 percent reduction requirement for streams subject to Sec. 
63.1362(d)(10) still applies).
    (g) Compliance with other regulations for wastewater. After the 
compliance dates specified in Sec. 63.2445, if you have a Group 1 
wastewater stream that is also subject to provisions in 40 CFR parts 260 
through 272, you may elect to determine whether this subpart or 40 CFR 
parts 260 through 272 contain the more stringent control requirements 
(e.g., design, operation, and inspection requirements for waste 
management units; numerical treatment standards; etc.) and the more 
stringent testing, monitoring, recordkeeping, and reporting 
requirements. Compliance with provisions of 40 CFR parts 260 through 272 
that are determined to be more stringent than the requirements of this 
subpart constitute compliance with this subpart. For example, provisions 
of 40 CFR parts 260 through 272 for treatment units that meet the 
conditions specified in Sec. 63.138(h) constitute compliance with this 
subpart. You must identify in the notification of compliance status 
report required by Sec. 63.2520(d) the information and procedures that 
you used to make any stringency determinations.
    (h) Compliance with 40 CFR part 60, subpart DDD, III, NNN, or RRR. 
After the compliance dates specified in Sec. 63.2445, if you have an 
MCPU that contains equipment subject to the provisions of this subpart 
that are also subject to the provisions of 40 CFR part 60, subpart DDD, 
III, NNN, or RRR, you may elect to apply this subpart to all such 
equipment in the MCPU. If an MCPU subject to the provisions of this 
subpart has equipment to which this subpart does not apply but which is 
subject to a standard in 40 CFR part 60, subpart DDD, III, NNN, or RRR, 
you may elect to comply with the requirements for Group 1 process vents 
in this subpart for such equipment. If you elect any of these methods of 
compliance, you must consider all total organic compounds, minus methane 
and ethane, in such equipment for purposes of compliance with this 
subpart, as if

[[Page 487]]

they were organic HAP. Compliance with the provisions of this subpart, 
in the manner described in this paragraph (h), will constitute 
compliance with 40 CFR part 60, subpart DDD, III, NNN, or RRR, as 
applicable.
    (i) Compliance with 40 CFR part 61, subpart BB. (1) After the 
compliance dates specified in Sec. 63.2445, a Group 1 transfer rack, as 
defined in Sec. 63.2550, that is also subject to the provisions of 40 
CFR part 61, subpart BB, you are required to comply only with the 
provisions of this subpart.
    (2) After the compliance dates specified in Sec. 63.2445, a Group 2 
transfer rack, as defined in Sec. 63.2550, that is also subject to the 
provisions of 40 CFR part 61, subpart BB, is required to comply with the 
provisions of either paragraph (l)(2)(i) or (ii) of this section.
    (i) If the transfer rack is subject to the control requirements 
specified in Sec. 61.302 of 40 CFR part 61, subpart BB, then you may 
elect to comply with either the requirements of 40 CFR part 61, subpart 
BB, or the requirements for Group 1 transfer racks under this subpart 
FFFF.
    (ii) If the transfer rack is subject only to reporting and 
recordkeeping requirements under 40 CFR part 61, subpart BB, then you 
are required to comply only with the reporting and recordkeeping 
requirements specified in this subpart for Group 2 transfer racks, and 
you are exempt from the reporting and recordkeeping requirements in 40 
CFR part 61, subpart BB.
    (j) Compliance with 40 CFR part 61, subpart FF. After the compliance 
date specified in Sec. 63.2445, for a Group 1 or Group 2 wastewater 
stream that is also subject to the provisions of 40 CFR 61.342(c) 
through (h), and is not exempt under 40 CFR 61.342(c)(2) or (3), you may 
elect to comply only with the requirements for Group 1 wastewater 
streams in this subpart FFFF. If a Group 2 wastewater stream is exempted 
from 40 CFR 61.342(c)(1) under 40 CFR 61.342(c)(2) or (3), then you are 
required to comply only with the reporting and recordkeeping 
requirements specified in this subpart for Group 2 wastewater streams, 
and you are exempt from the requirements in 40 CFR part 61, subpart FF.
    (k) Compliance with 40 CFR part 60, subpart VV or VVa, and 40 CFR 
part 61, subpart V. Except as specified in paragraphs (k)(1) and (2) of 
this section, after the compliance date specified in Sec. 63.2445, if 
you have an affected source with equipment that is also subject to the 
requirements of 40 CFR part 60, subpart VV or VVa, or 40 CFR part 61, 
subpart V, you may elect to apply this subpart to all such equipment. 
After the compliance date specified in Sec. 63.2445, if you have an 
affected source with equipment to which this subpart does not apply, but 
which is subject to the requirements of 40 CFR part 60, subpart VV or 
VVa, or 40 CFR part 61, subpart V, you may elect to apply this subpart 
to all such equipment. If you elect either of the methods of compliance 
in this paragraph (k), you must consider all total organic compounds, 
minus methane and ethane, in such equipment for purposes of compliance 
with this subpart, as if they were organic HAP. Compliance with the 
provisions of this subpart, in the manner described in this paragraph 
(k), will constitute compliance with 40 CFR part 60, subpart VV or VVa, 
and 40 CFR part 61, subpart V, as applicable.
    (1) The provision in Sec. 63.2480(b)(4) does not apply to 
connectors in gas/vapor and light liquid service that are subject to 
monitoring under 40 CFR 60.482-11a if complying with the compliance 
option in this paragraph (k).
    (2) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), equipment that must be controlled according to this subpart 
and subpart VVa of 40 CFR part 60 is required only to comply with the 
equipment leak requirements of this subpart, except you must also comply 
with the calibration drift assessment requirements specified at 40 CFR 
60.485a(b)(2) if they are required to do so in subpart VVa of 40 CFR 
part 60. When complying with the calibration drift assessment 
requirements at 40 CFR 60.485a(b)(2), the requirement at 40 CFR 
60.486a(e)(8)(v) to record the instrument reading for each scale used 
applies.
    (l) Applicability of process units included in a process unit group. 
You may elect to develop and comply with the requirements for PUG in 
accordance

[[Page 488]]

with paragraphs (l)(1) through (3) of this section.
    (1) Procedures to create process unit groups. Develop and document 
changes in a PUG in accordance with the procedures specified in 
paragraphs (l)(1)(i) through (v) of this section.
    (i) Initially, identify an MCPU that is created from nondedicated 
equipment that will operate on or after November 10, 2003 and identify 
all processing equipment that is part of this MCPU, based on 
descriptions in operating scenarios.
    (ii) Add to the group any other nondedicated MCPU and other 
nondedicated process units expected to be operated in the 5 years after 
the date specified in paragraph (l)(1)(i) of this section, provided they 
satisfy the criteria specified in paragraphs (l)(1)(ii)(A) through (C) 
of this section. Also identify all of the processing equipment used for 
each process unit based on information from operating scenarios and 
other applicable documentation.
    (A) Each process unit that is added to a group must have some 
processing equipment that is also part of one or more process units in 
the group.
    (B) No process unit may be part of more than one PUG.
    (C) The processing equipment used to satisfy the requirement of 
paragraph (l)(1)(ii)(A) of this section may not be a storage tank or 
control device.
    (iii) The initial PUG consists of all of the processing equipment 
for the process units identified in paragraphs (l)(1)(i) and (ii) of 
this section. As an alternative to the procedures specified in 
paragraphs (l)(1)(i) and (ii) of this section, you may use a PUG that 
was developed in accordance with Sec. 63.1360(h) as your initial PUG.
    (iv) Add process units developed in the future in accordance with 
the conditions specified in paragraphs (l)(1)(ii)(A) and (B) of this 
section.
    (v) Maintain records that describe the process units in the initial 
PUG, the procedure used to create the PUG, and subsequent changes to 
each PUG as specified in Sec. 63.2525(i). Submit the records in reports 
as specified in Sec. 63.2520(d)(2)(ix) and (e)(8).
    (2) Determine primary product. You must determine the primary 
product of each PUG created in paragraph (l)(1) of this section 
according to the procedures specified in paragraphs (l)(2)(i) through 
(iv) of this section.
    (i) The primary product is the type of product (e.g., organic 
chemicals subject to Sec. 63.2435(b)(1), pharmaceutical products 
subject to Sec. 63.1250, or pesticide active ingredients subject to 
Sec. 63.1360) expected to be produced for the greatest operating time 
in the 5-year period specified in paragraph (l)(1)(ii) of this section.
    (ii) If the PUG produces multiple types of products equally based on 
operating time, then the primary product is the type of product with the 
greatest production on a mass basis over the 5-year period specified in 
paragraph (l)(1)(ii) of this section.
    (iii) At a minimum, you must redetermine the primary product of the 
PUG following the procedure specified in paragraphs (l)(2)(i) and (ii) 
of this section every 5 years.
    (iv) You must record the calculation of the initial primary product 
determination as specified in Sec. 63.2525(i)(3) and report the results 
in the notification of compliance status report as specified in Sec. 
63.2520(d)(8)(ix). You must record the calculation of each 
redetermination of the primary product as specified in Sec. 
63.2525(i)(5) and report the calculation in a compliance report 
submitted no later than the report covering the period for the end of 
the 5th year after cessation of production of the previous primary 
product, as specified in Sec. 63.2520(e)(8).
    (3) Compliance requirements. (i) If the primary product of the PUG 
is determined according to paragraph (l)(2) of this section to be 
material described in Sec. 63.2435(b)(1), then you must comply with 
this subpart for each MCPU in the PUG. You may also elect to comply with 
this subpart for all other process units in the PUG, which constitutes 
compliance with other part 63 rules.
    (ii) If the primary product of the PUG is determined according to 
paragraph (l)(2) of this section to be material not described in Sec. 
63.2435(b)(1), then you must comply with paragraph (l)(3)(ii)(A), (B), 
or (C) of this section, as applicable.
    (A) If the primary product is subject to subpart GGG of this part 
63, then

[[Page 489]]

comply with the requirements of subpart GGG for each MCPU in the PUG.
    (B) If the primary product is subject to subpart MMM of this part 
63, then comply with the requirements of subpart MMM for each MCPU in 
the PUG.
    (C) If the primary product is subject to any subpart in this part 63 
other than subpart GGG or subpart MMM, then comply with the requirements 
of this subpart for each MCPU in the PUG.
    (iii) The requirements for new and reconstructed sources in the 
alternative subpart apply to all MCPU in the PUG if and only if the 
affected source under the alternative subpart meets the requirements for 
construction or reconstruction.
    (m) Overlap of this subpart with other regulations for flares. (1) 
Beginning no later than the compliance dates specified in Sec. 
63.2445(g), flares that control ethylene oxide emissions from affected 
sources in ethylene oxide service as defined in Sec. 63.2550 or are 
used to control emissions from MCPUs that produce olefins and 
polyolefins, subject to the provisions of 40 CFR 60.18 or 63.11, and 
used as a control device for an emission point subject to the emission 
limits and work practice standards in Tables 1, 2, 4 or 5 to this 
subpart are required to comply only with the provisions specified in 
Sec. 63.2450(e)(5). At any time before the compliance dates specified 
in Sec. 63.2445(g), flares that are subject to the provisions of 40 CFR 
60.18 or 63.11 and elect to comply with the requirements in Sec. 
63.2450(e)(5) are required to comply only with the provisions specified 
in this subpart. For purposes of compliance with this paragraph (m), 
``MCPUs that produces olefins or polyolefins'' includes only those MCPUs 
that manufacture ethylene, propylene, polyethylene, and/or polypropylene 
as a product. By-products and impurities as defined in Sec. 63.101, as 
well as wastes and trace contaminants, are not considered products.
    (2) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), flares subject to Sec. 63.987 and used as a control device 
for an emission point subject to the emission limits and work practice 
standards in Tables 1, 2, 4 or 5 to this subpart are only required to 
comply with Sec. 63.2450(e)(5).
    (3) Beginning no later than the compliance dates specified in Sec. 
63.2445(g), flares subject to the requirements in subpart CC of this 
part and used as a control device for an emission point subject to the 
emission limits and work practice standards in Tables 1, 2, 4 or 5 to 
this subpart are only required to comply with the flare requirements in 
subpart CC of this part. This paragraph (m)(3) does not apply to multi-
point pressure assisted flares.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40337, July 14, 2006; 
85 FR 49158, Aug. 12, 2020]



Sec. 63.2540  What parts of the General Provisions apply to me?

    Table 12 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.2545  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 subpart E of this 
part, the authorities contained in paragraphs (b)(1) through (5) 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. 63.2450(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.

[[Page 490]]

    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.

[68 FR 63888, Nov. 10, 2003, as amended at 85 FR 49159, Aug. 12, 2020]



Sec. 63.2550  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. 63.2450(k)(2) and (m), 63.2470(c)(2), 
63.2475(b), and paragraph (i) of this section.
    (b) For an affected source complying with the requirements in 40 CFR 
part 65, subpart F, the terms used in this subpart and in 40 CFR part 
65, subpart F have the meaning given to them in Sec. 65.2.
    (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. 63.2450(m), 63.2470(c)(2), and paragraph (i) 
of this section.
    (e) For an affected source complying with the requirements in 
Sec. Sec. 63.132 through 63.149, the terms used in this subpart and 
Sec. Sec. 63.132 through 63.149 have the meaning given them in 
Sec. Sec. 63.101 and 63.111, except as specified in Sec. 63.2450(m) 
and paragraph (i) of this section.
    (f) For an affected source complying with the requirements in 
Sec. Sec. 63.104 and 63.105, the terms used in this subpart and in 
Sec. Sec. 63.104 and 63.105 of this subpart have the meaning given them 
in Sec. 63.101, except as specified in Sec. Sec. 63.2450(m), 
63.2490(b), and paragraph (i) of this section.
    (g) 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. 63.2450(m) and paragraph (i) 
of this section.
    (h) For an affected source complying with the requirements in 40 CFR 
part 65, subpart F, the terms used in this subpart and in 40 CFR part 
65, subpart F, have the meaning given them in 40 CFR 65.2.
    (i) All other terms used in this subpart are defined in the Clean 
Air Act (CAA), in 40 CFR 63.2, and in this paragraph (i). If a term is 
defined in Sec. 63.2, Sec. 63.101, Sec. 63.111, Sec. 63.981, Sec. 
63.1020, Sec. 63.1061, Sec. 63.1251, or Sec. 65.2 and in this 
paragraph (i), the definition in this paragraph (i) applies for the 
purposes of this subpart.
    Ancillary activities means boilers and incinerators (not used to 
comply with the emission limits in Tables 1 through 7 to this subpart), 
chillers and refrigeration systems, and other equipment and activities 
that are not directly involved (i.e., they operate within a closed 
system and materials are not combined with process fluids) in the 
processing of raw materials or the manufacturing of a product or 
isolated intermediate.
    Batch operation means a noncontinuous operation involving 
intermittent or discontinuous feed into equipment, and, in general, 
involves the emptying of the equipment after the operation ceases and 
prior to beginning a new operation. Addition of raw material and 
withdrawal of product do not occur simultaneously in a batch operation.
    Batch process vent means a vent from a unit operation or vents from 
multiple unit operations within a process that are manifolded together 
into a common header, through which a HAP-containing gas stream is, or 
has the potential to be, released to the atmosphere. Examples of batch 
process vents include, but are not limited to, vents on condensers used 
for product recovery, reactors, filters, centrifuges, and process tanks. 
The following are not batch process vents for the purposes of this 
subpart:
    (1) Continuous process vents;
    (2) Bottoms receivers;
    (3) Surge control vessels;
    (4) Gaseous streams routed to a fuel gas system(s) unless on and 
after August 12, 2023, the fuel gas system(s) supplies a flare of which 
50 percent or

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more of the fuel gas burned in the flare is derived from an MCPU that 
has processes and/or equipment in ethylene oxide service, or produces 
olefins or polyolefins;
    (5) Vents on storage tanks, wastewater emission sources, or pieces 
of equipment subject to the emission limits and work practice standards 
in Tables 4, 6, and 7 to this subpart;
    (6) Drums, pails, and totes;
    (7) Flexible elephant trunk systems that draw ambient air (i.e., the 
system is not ducted, piped, or otherwise connected to the unit 
operations) away from operators when vessels are opened; and
    (8) Except for batch process vents in ethylene oxide service, 
emission streams from emission episodes that are undiluted and 
uncontrolled containing less than 50 ppmv HAP are not part of any batch 
process vent. A vent from a unit operation, or a vent from multiple unit 
operations that are manifolded together, from which total uncontrolled 
HAP emissions are less than 200 lb/yr is not a batch process vent; 
emissions for all emission episodes associated with the unit 
operation(s) must be included in the determination of the total mass 
emitted. The HAP concentration or mass emission rate may be determined 
using any of the following: Process knowledge that no HAP are present in 
the emission stream; an engineering assessment as discussed in Sec. 
63.1257(d)(2)(ii), except that you do not need to demonstrate that the 
equations in Sec. 63.1257(d)(2)(i) do not apply, and the precompliance 
reporting requirements specified in Sec. 63.1257(d)(2)(ii)(E) do not 
apply for the purposes of this demonstration; equations specified in 
Sec. 63.1257(d)(2)(i), as applicable; 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 EPA Method 301 of appendix A to 
this part.
    Bench-scale process means a process (other than a research and 
development facility) that is operated on a small scale, such as one 
capable of being located on a laboratory bench top. This bench-scale 
equipment will typically include reagent feed vessels, a small reactor 
and associated product separator, recovery and holding equipment. These 
processes are only capable of producing small quantities of product.
    Biofilter means an enclosed control system such as a tank or series 
of tanks with a fixed roof that contact emissions with a solid media 
(such as bark) and use microbiological activity to transform organic 
pollutants in a process vent stream to innocuous compounds such as 
carbon dioxide, water, and inorganic salts. Wastewater treatment 
processes such as aeration lagoons or activated sludge systems are not 
considered to be biofilters.
    Bottoms receiver means a tank that collects bottoms from continuous 
distillation before the stream is sent for storage or for further 
downstream processing.
    Breakthrough means the time when the level of HAP or TOC, measured 
at the outlet of the first bed, has been detected is at the highest 
concentration allowed to be discharged from the adsorber system and 
indicates that the adsorber bed should be replaced.
    Construction means the onsite fabrication, erection, or installation 
of an affected source or MCPU. Addition of new equipment to an MCPU 
subject to existing source standards does not constitute construction, 
but it may constitute reconstruction of the affected source or MCPU if 
it satisfies the definition of reconstruction in Sec. 63.2.
    Consumption means the quantity of all HAP raw materials entering a 
process in excess of the theoretical amount used as reactant, assuming 
100 percent stoichiometric conversion. The raw materials include 
reactants, solvents, and any other additives. If a HAP is generated in 
the process as well as added as a raw material, consumption includes the 
quantity generated in the process.
    Continuous operation means any operation that is not a batch 
operation.
    Continuous process vent means the point of discharge to the 
atmosphere (or the point of entry into a control device, if any) of a 
gas stream if the gas stream has the characteristics specified in Sec. 
63.107(b) through (h), or meets the criteria specified in Sec. 
63.107(i), except:

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    (1) The reference in Sec. 63.107(e) to a chemical manufacturing 
process unit that meets the criteria of Sec. 63.100(b) means an MCPU 
that meets the criteria of Sec. 63.2435(b);
    (2) The reference in Sec. 63.107(h)(4) to Sec. 63.113 means Table 
1 to this subpart;
    (3) The references in Sec. 63.107(h)(7) to Sec. Sec. 63.119 and 
63.126 mean tables 4 and 5 to this subpart; and
    (4) For the purposes of Sec. 63.2455, all references to the 
characteristics of a process vent (e.g., flowrate, total HAP 
concentration, or TRE index value) mean the characteristics of the gas 
stream.
    (5) The reference to ``total organic HAP'' in Sec. 63.107(d) means 
``total HAP'' for the purposes of this subpart FFFF.
    (6) The references to an ``air oxidation reactor, distillation unit, 
or reactor'' in Sec. 63.107 mean any continuous operation for the 
purposes of this subpart.
    (7) A separate determination is required for the emissions from each 
MCPU, even if emission streams from two or more MCPU are combined prior 
to discharge to the atmosphere or to a control device.
    (8) On and after August 12, 2023, Sec. 63.107(h)(3) applies unless 
the fuel gas system supplies a flare of which 50 percent or more of the 
fuel gas burned in the flare is derived from an MCPU that has processes 
and/or equipment in ethylene oxide service, or produces olefins or 
polyolefins.
    (9) On and after August 12, 2023, Sec. 63.107(h)(9) no longer 
applies.
    (10) On and after August 12, 2023, Sec. 63.107(i) no longer 
applies. Instead, a process vent is the point of discharge to the 
atmosphere (or the point of entry into a control device, if any) of a 
gas stream if the gas stream meets the criteria specified in this 
paragraph. The gas stream would meet the characteristics specified in 
Sec. 63.107(b) through (g) of subpart F, but, for purposes of avoiding 
applicability, has been deliberately interrupted, temporarily liquefied, 
routed through any item of equipment for no process purpose, or disposed 
of in a flare that does not meet the criteria in Sec. 63.11(b) of 
subpart A or Sec. 63.2450(e)(5) as applicable, or an incinerator that 
does not reduce emissions of organic HAP by 98 percent or to a 
concentration of 20 parts per million by volume, whichever is less 
stringent.
    (11) Section 63.107(d) does not apply to continuous process vents in 
ethylene oxide service.
    Dedicated MCPU means an MCPU that consists of equipment that is used 
exclusively for one process, except that storage tanks assigned to the 
process according to the procedures in Sec. 63.2435(d) also may be 
shared by other processes.
    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 limit, 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 and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Before August 12, 2023, fails to meet any emission limit, 
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 August 12, 2023, this 
paragraph (3) no longer applies.
    Emission point means each continuous process vent, batch process 
vent, storage tank, transfer rack, and wastewater stream.
    Energetics means propellants, explosives, and pyrotechnics and 
include materials listed at 49 CFR 172.101 as Hazard Class I Hazardous 
Materials, Divisions 1.1 through 1.6.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, and instrumentation system in organic HAP service; and any 
control devices or systems used to comply with Table 6 to this subpart.
    Excess emissions means emissions greater than those allowed by the 
emission limit.
    Family of materials means a grouping of materials with the same 
basic composition or the same basic end use or functionality produced 
using the same

[[Page 493]]

basic feedstocks with essentially identical HAP emission profiles 
(primary constituent and relative magnitude on a pound per product 
basis) and manufacturing equipment configuration. Examples of families 
of materials include multiple grades of the same product or different 
variations of a product (e.g., blue, black, and red resins).
    Force majeure event means a release of HAP, either directly to the 
atmosphere from a pressure relief device or discharged via a flare, that 
is demonstrated to the satisfaction of the Administrator to result from 
an event beyond the owner or operator's control, such as natural 
disasters; acts of war or terrorism; loss of a utility external to the 
MCPU (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 miscellaneous organic 
chemical manufacturing process unit that impacts the miscellaneous 
organic chemical manufacturing process unit's ability to operate.
    Group 1 batch process vent means each of the batch process vents in 
a process for which the collective uncontrolled organic HAP emissions 
from all of the batch process vents are greater than or equal to 10,000 
lb/yr at an existing source or greater than or equal to 3,000 lb/yr at a 
new source.
    Group 2 batch process vent means each batch process vent that does 
not meet the definition of Group 1 batch process vent.
    Group 1 continuous process vent means a continuous process vent for 
which the flow rate is greater than or equal to 0.005 standard cubic 
meter per minute, and the total resource effectiveness index value, 
calculated according to Sec. 63.2455(b), is less than or equal to 1.9 
at an existing source and less than or equal to 5.0 at a new source.
    Group 2 continuous process vent means a continuous process vent that 
does not meet the definition of a Group 1 continuous process vent.
    Group 1 storage tank means a storage tank with a capacity greater 
than or equal to 10,000 gal storing material that has a maximum true 
vapor pressure of total HAP greater than or equal to 6.9 kilopascals at 
an existing source or greater than or equal to 0.69 kilopascals at a new 
source.
    Group 2 storage tank means a storage tank that does not meet the 
definition of a Group 1 storage tank.
    Group 1 transfer rack means a transfer rack that loads more than 
0.65 million liters/year of liquids that contain organic HAP with a 
rack-weighted average partial pressure, as defined in Sec. 63.111, 
greater than or equal to 1.5 pound per square inch absolute.
    Group 2 transfer rack means a transfer rack that does not meet the 
definition of a Group 1 transfer rack.
    Group 1 wastewater stream means a wastewater stream consisting of 
process wastewater at an existing or new source that meets the criteria 
for Group 1 status in Sec. 63.2485(c) for compounds in Tables 8 and 9 
to this subpart and/or a wastewater stream consisting of process 
wastewater at a new source that meets the criteria for Group 1 status in 
Sec. 63.132(d) for compounds in Table 8 to subpart G of this part 63.
    Group 2 wastewater stream means any process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
    Halogen atoms mean chlorine and fluorine.
    Halogenated vent stream means a vent stream determined to have a 
mass emission rate of halogen atoms contained in organic compounds of 
0.45 kilograms per hour or greater determined by the procedures 
presented in Sec. 63.115(d)(2)(v).
    HAP metals means the metal portion of antimony compounds, arsenic 
compounds, beryllium compounds, cadmium compounds, chromium compounds, 
cobalt compounds, lead compounds, manganese compounds, mercury 
compounds, nickel compounds, and selenium compounds.
    Heat exchange system means a device or collection of devices used to 
transfer heat from process fluids to water without intentional direct 
contact of the process fluid with the water (i.e., non-contact heat 
exchanger) and to transport and/or cool the water in a closed-loop 
recirculation system (cooling tower system) or a once-through system 
(e.g., river or pond water). For closed-loop recirculation systems, the

[[Page 494]]

heat exchange system consists of a cooling tower, all miscellaneous 
organic chemical manufacturing process unit heat exchangers that are in 
organic HAP service, as defined in this subpart, serviced by that 
cooling tower, and all water lines to and from these miscellaneous 
organic chemical manufacturing process unit heat exchangers. For once-
through systems, the heat exchange system consists of all heat 
exchangers that are in organic HAP service, as defined in this subpart, 
servicing an individual miscellaneous organic chemical manufacturing 
process unit and all water lines to and from these heat exchangers. 
Sample coolers or pump seal coolers are not considered heat exchangers 
for the purpose of this definition and are not part of the heat exchange 
system. Intentional direct contact with process fluids results in the 
formation of a wastewater.
    Hydrogen halide and halogen HAP means hydrogen chloride, hydrogen 
fluoride, and chlorine.
    In ethylene oxide service means the following:
    (1) For equipment leaks, any equipment that contains or contacts a 
fluid (liquid or gas) that is at least 0.1 percent by weight of ethylene 
oxide. If information exists that suggests ethylene oxide could be 
present in equipment, the equipment is considered to be ``in ethylene 
oxide service'' unless sampling and analysis is performed as specified 
in Sec. 63.2492 to demonstrate that the equipment does not meet the 
definition of being ``in ethylene oxide service''. Examples of 
information that could suggest ethylene oxide could be present in 
equipment, include calculations based on safety data sheets, material 
balances, process stoichiometry, or previous test results provided the 
results are still relevant to the current operating conditions.
    (2) For process vents, each batch and continuous process vent in a 
process that, when uncontrolled, contains a concentration of greater 
than or equal to 1 ppmv undiluted ethylene oxide, and when combined, the 
sum of all these process vents would emit uncontrolled ethylene oxide 
emissions greater than or equal to 5 lb/yr (2.27 kg/yr). If information 
exists that suggests ethylene oxide could be present in a batch or 
continuous process vent, then the batch or continuous process vent is 
considered to be ``in ethylene oxide service'' unless an analysis is 
performed as specified in Sec. 63.2492 to demonstrate that the batch or 
continuous process vent does not meet the definition of being ``in 
ethylene oxide service''. Examples of information that could suggest 
ethylene oxide could be present in a batch or continuous process vent, 
include calculations based on safety data sheets, material balances, 
process stoichiometry, or previous test results provided the results are 
still relevant to the current operating conditions.
    (3) For storage tanks, storage tanks of any capacity and vapor 
pressure storing a liquid that is at least 0.1 percent by weight of 
ethylene oxide. If knowledge exists that suggests ethylene oxide could 
be present in a storage tank, then the storage tank is considered to be 
``in ethylene oxide service'' unless sampling and analysis is performed 
as specified in Sec. 63.2492 to demonstrate that the storage tank does 
not meet the definition of being ``in ethylene oxide service''. The 
exemptions for ``vessels storing organic liquids that contain HAP only 
as impurities'' and ``pressure vessels designed to operate in excess of 
204.9 kilopascals and without emissions to the atmosphere'' listed in 
the definition of ``storage tank'' in this section do not apply for 
storage tanks that may be in ethylene oxide service. Examples of 
information that could suggest ethylene oxide could be present in a 
storage tank, include calculations based on safety data sheets, material 
balances, process stoichiometry, or previous test results provided the 
results are still relevant to the current operating conditions.
    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.

[[Page 495]]

    Isolated intermediate means a product of a process that is stored 
before subsequent processing. An isolated intermediate is usually a 
product of a chemical synthesis, fermentation, or biological extraction 
process. Storage of an isolated intermediate marks the end of a process. 
Storage occurs at any time the intermediate is placed in equipment used 
solely for storage. The storage equipment is part of the MCPU that 
produces the isolated intermediate and is not assigned as specified in 
Sec. 63.2435(d).
    Large control device means a control device that controls total HAP 
emissions of greater than or equal to 10 tpy, before control.
    Loading rack means a single system used to fill tank trucks and 
railcars at a single geographic site. Loading equipment and operations 
that are physically separate (i.e., do not share common piping, valves, 
and other equipment) are considered to be separate loading racks.
    Maintenance wastewater means wastewater generated by the draining of 
process fluid from components in the MCPU into an individual drain 
system in preparation for or during maintenance activities. Maintenance 
wastewater can be generated during planned and unplanned shutdowns and 
during periods not associated with a shutdown. Examples of activities 
that can generate maintenance wastewater include descaling of heat 
exchanger tubing bundles, cleaning of distillation column traps, 
draining of pumps into an individual drain system, and draining of 
portions of the MCPU for repair. Wastewater from routine cleaning 
operations occurring as part of batch operations is not considered 
maintenance wastewater.
    Maximum true vapor pressure has the meaning given in Sec. 63.111, 
except that it applies to all HAP rather than only organic HAP.
    Miscellaneous organic chemical manufacturing process means all 
equipment which collectively function to produce a product or isolated 
intermediate that are materials described in Sec. 63.2435(b). For the 
purposes of this subpart, process includes any, all or a combination of 
reaction, recovery, separation, purification, or other activity, 
operation, manufacture, or treatment which are used to produce a product 
or isolated intermediate. A process is also defined by the following:
    (1) Routine cleaning operations conducted as part of batch 
operations are considered part of the process;
    (2) Each nondedicated solvent recovery operation is considered a 
single process;
    (3) Each nondedicated formulation operation is considered a single 
process that is used to formulate numerous materials and/or products;
    (4) Quality assurance/quality control laboratories are not 
considered part of any process; and
    (5) Ancillary activities are not considered a process or part of any 
process.
    (6) The end of a process that produces a solid material is either up 
to and including the dryer or extruder, or for a polymer production 
process without a dryer or extruder, it is up to and including the die 
plate or solid-state reactor, except in two cases. If the dryer, 
extruder, die plate, or solid-state reactor is followed by an operation 
that is designed and operated to remove HAP solvent or residual HAP 
monomer from the solid, then the solvent removal operation is the last 
step in the process. If the dried solid is diluted or mixed with a HAP-
based solvent, then the solvent removal operation is the last step in 
the process.
    Nondedicated solvent recovery operation means a distillation unit or 
other purification equipment that receives used solvent from more than 
one MCPU.
    Nonstandard batch means a batch process that is operated outside of 
the range of operating conditions that are documented in an existing 
operating scenario but is still a reasonably anticipated event. For 
example, a nonstandard batch occurs when additional processing or 
processing at different operating conditions must be conducted to 
produce a product that is normally produced under the conditions 
described by the standard batch. A nonstandard batch may be necessary as 
a result of a malfunction, but it is not itself a malfunction.
    On-site or on site means, with respect to records required to be 
maintained by this subpart or required by another

[[Page 496]]

subpart referenced by this subpart, that records are stored at a 
location within a major source which encompasses the affected source. 
On-site includes, but is not limited to, storage at the affected source 
or MCPU to which the records pertain, or storage in central files 
elsewhere at the major source.
    Operating scenario means, for the purposes of reporting and 
recordkeeping, any specific operation of an MCPU as described by records 
specified in Sec. 63.2525(b).
    Organic group means structures that contain primarily carbon, 
hydrogen, and oxygen atoms.
    Organic peroxides means organic compounds containing the bivalent -
o-o-structure which may be considered to be a structural derivative of 
hydrogen peroxide where one or both of the hydrogen atoms has been 
replaced by an organic radical.
    Point of determination means each point where process wastewater 
exits the MCPU or control device.

    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 soluble HAP and partially soluble HAP compounds as 
determined according to procedures in Sec. 63.144 of subpart G in this 
part 63. 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.

    Predominant HAP means as used in calibrating an analyzer, the single 
organic HAP that constitutes the largest percentage of the total organic 
HAP in the analyzed gas stream, by volume.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the pressure 
relief device. This release can be one release or a series of releases 
over a short time period.
    Pressure relief device means a valve, rupture disk, or similar 
device used only to release an unplanned, nonroutine discharge of gas 
from process equipment in order to avoid safety hazards or equipment 
damage. A pressure relief device discharge can result from an operator 
error, a malfunction such as a power failure or equipment failure, or 
other unexpected cause. Such devices include conventional, spring-
actuated relief valves, balanced bellows relief valves, pilot-operated 
relief valves, rupture disks, and breaking, buckling, or shearing pin 
devices. Devices that are actuated either by a pressure of less than or 
equal to 2.5 pounds per square inch gauge or by a vacuum are not 
pressure relief devices.
    Pressure vessel means a storage vessel that is used to store liquids 
or gases and is designed not to vent to the atmosphere as a result of 
compression of the vapor headspace in the pressure vessel during filling 
of the pressure vessel to its design capacity.
    Process condenser means a condenser whose primary purpose is to 
recover material as an integral part of an MCPU. All condensers 
recovering condensate from an MCPU at or above the boiling point or all 
condensers in line prior to a vacuum source are considered process 
condensers. Typically, a primary condenser or condensers in series are 
considered to be integral to the MCPU if they are capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse or for sale for fuel 
value, use, or reuse. This definition does not apply to a condenser that 
is used to remove materials that would hinder performance of a 
downstream recovery device as follows:
    (1) To remove water vapor that would cause icing in a downstream 
condenser, or
    (2) To remove water vapor that would negatively affect the 
adsorption capacity of carbon in a downstream carbon adsorber, or
    (3) To remove high molecular weight organic compounds or other 
organic compounds that would be difficult to remove during regeneration 
of a downstream carbon adsorber.
    Process tank means a tank or vessel that is used within a process to 
collect material discharged from a feedstock storage tank or equipment 
within the process before the material is transferred to other equipment 
within the

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process or a product storage tank. A process tank has emissions that are 
related to the characteristics of the batch cycle, and it does not 
accumulate product over multiple batches. Surge control vessels and 
bottoms receivers are not process tanks.
    Production-indexed HAP consumption factor (HAP factor) means the 
result of dividing the annual consumption of total HAP by the annual 
production rate, per process.
    Production-indexed VOC consumption factor (VOC factor) means the 
result of dividing the annual consumption of total VOC by the annual 
production rate, per process.
    Quaternary ammonium compounds means a type of organic nitrogen 
compound in which the molecular structure includes a central nitrogen 
atom joined to four organic groups as well as an acid radical of some 
sort.
    Recovery device means an individual unit of equipment used for the 
purpose of recovering chemicals from process vent streams and from 
wastewater streams for fuel value (i.e., net positive heating value), 
use, reuse, or for sale for fuel value, use, or reuse. For the purposes 
of meeting requirements in table 2 to this subpart, the recovery device 
must not be a process condenser and must recover chemicals to be reused 
in a process on site. Examples of equipment that may be recovery devices 
include absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. To be a recovery device for a 
wastewater stream, a decanter and any other equipment based on the 
operating principle of gravity separation must receive only multi-phase 
liquid streams.
    Relief valve means a type of pressure relief device that is designed 
to re-close after the pressure relief.
    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 a continuous operation 
for any purpose. Shutdown also means the cessation of a batch operation, 
or any related individual piece of equipment required or used to comply 
with this subpart, if the steps taken to cease operation differ from 
those described in a standard batch or nonstandard batch. Shutdown also 
applies to emptying and degassing storage vessels. Shutdown does not 
apply to cessation of batch operations at the end of a campaign or 
between batches within a campaign when the steps taken are routine 
operations.
    Small control device means a control device that controls total HAP 
emissions of less than 10 tpy, before control.
    Standard batch means a batch process operated within a range of 
operating conditions that are documented in an operating scenario. 
Emissions from a standard batch are based on the operating conditions 
that result in highest emissions. The standard batch defines the 
uncontrolled and controlled emissions for each emission episode defined 
under the operating scenario.
    Startup means the setting in operation of a continuous operation for 
any

[[Page 498]]

purpose; the first time a new or reconstructed batch operation begins 
production; for new equipment added, including equipment required or 
used to comply with this subpart, the first time the equipment is put 
into operation; or for the introduction of a new product/process, the 
first time the product or process is run in equipment. For batch 
operations, startup applies to the first time the equipment is put into 
operation at the start of a campaign to produce a product that has been 
produced in the past if the steps taken to begin production differ from 
those specified in a standard batch or nonstandard batch. Startup does 
not apply when the equipment is put into operation as part of a batch 
within a campaign when the steps taken are routine operations.
    Storage tank means a tank or other vessel that is used to store 
liquids that contain organic HAP and/or hydrogen halide and halogen HAP 
and that has been assigned to an MCPU according to the procedures in 
Sec. 63.2435(d). 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;
    (5) Bottoms receivers;
    (6) Surge control vessels; and
    (7) Process tanks.
    Supplemental gases means the air that is added to a vent stream 
after the vent stream leaves the unit operation. Air that is part of the 
vent stream as a result of the nature of the unit operation is not 
considered supplemental gases. Air required to operate combustion device 
burner(s) is not considered supplemental gases.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels as part of any continuous operation. Surge control 
vessels are used within an MCPU when in-process storage, mixing, or 
management of flowrates or volumes is needed to introduce material into 
continuous operations.
    Thermal expansion relief valve means a pressure relief valve 
designed to protect equipment from excess pressure due to thermal 
expansion of blocked liquid-filled equipment or piping due to ambient 
heating or heat from a heat tracing system. Pressure relief valves 
designed to protect equipment from excess pressure due to blockage 
against a pump or compressor or due to fire contingency are not thermal 
expansion relief valves.
    Total organic compounds or (TOC) means the total gaseous organic 
compounds (minus methane and ethane) in a vent stream.
    Transfer rack means the collection of loading arms and loading 
hoses, at a single loading rack, that are assigned to an MCPU according 
to the procedures specified in Sec. 63.2435(d) and are used to fill 
tank trucks and/or rail cars with organic liquids that contain one or 
more of the organic HAP listed in section 112(b) of the CAA of this 
subpart. Transfer rack includes the associated pumps, meters, shutoff 
valves, relief valves, and other piping and valves.
    Unit operation means those processing steps that occur within 
distinct equipment that are used, among other things, to prepare 
reactants, facilitate reactions, separate and purify products, and 
recycle materials. Equipment used for these purposes includes, but is 
not limited to, reactors, distillation columns, extraction columns, 
absorbers, decanters, dryers, condensers, and filtration equipment.
    Waste management unit means the equipment, structure(s), and/or 
device(s) used to convey, store, treat, or dispose of wastewater streams 
or residuals. Examples of waste management units include wastewater 
tanks, air flotation units, surface impoundments, containers, oil-water 
or organic-water separators, individual drain systems, biological 
wastewater treatment units, waste incinerators, and organic removal 
devices such as steam and air stripper units, and thin film evaporation 
units. If such equipment is being operated as a recovery device, then it 
is part of a miscellaneous organic chemical manufacturing process and is 
not a waste management unit.

[[Page 499]]

    Wastewater means water that is discarded from an MCPU or control 
device through a POD and that contains either: an annual average 
concentration of compounds in tables 8 and 9 to this subpart of at least 
5 ppmw and has an annual average flowrate of 0.02 liters per minute or 
greater; or an annual average concentration of compounds in tables 8 and 
9 to this subpart of at least 10,000 ppmw at any flowrate. Wastewater 
means process wastewater or maintenance wastewater. The following are 
not considered wastewater for the purposes of this subpart:
    (1) Stormwater from segregated sewers;
    (2) Water from fire-fighting and deluge systems, including testing 
of such systems;
    (3) Spills;
    (4) Water from safety showers;
    (5) Samples of a size not greater than reasonably necessary for the 
method of analysis that is used;
    (6) Equipment leaks;
    (7) Wastewater drips from procedures such as disconnecting hoses 
after cleaning lines; and
    (8) Noncontact cooling water.
    Wastewater stream means a stream that contains only wastewater as 
defined in this paragraph (i).
    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 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 
FR 40338, July 14, 2006; 85 FR 49159, Aug. 12, 2020]



   Sec. Table 1 to Subpart FFFF of Part 63--Emission Limits and Work 
             Practice Standards for Continuous Process Vents

    As required in Sec. 63.2455, you must meet each emission limit and 
work practice standard in the following table that applies to your 
continuous process vents:

------------------------------------------------------------------------
        For each . . .           For which . . .    Then you must . . .
------------------------------------------------------------------------
1. Group 1 continuous process   a. Not applicable  i. Reduce emissions
 vent.                                              of total organic HAP
                                                    by =98
                                                    percent by weight or
                                                    to an outlet process
                                                    concentration <=20
                                                    ppmv as organic HAP
                                                    or TOC 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
                                                    through a closed
                                                    vent system to a
                                                    flare; or
                                                   iii. Use a recovery
                                                    device to maintain
                                                    the TRE above 1.9
                                                    for an existing
                                                    source or above 5.0
                                                    for a new source.
2. Halogenated Group 1          a. You use a       i. Use a halogen
 continuous process vent         combustion         reduction device
 stream.                         control device     after the combustion
                                 to control         device to reduce
                                 organic HAP        emissions of
                                 emissions.         hydrogen halide and
                                                    halogen HAP by =99 percent
                                                    by weight, or to
                                                    <=0.45 kg/hr, or to
                                                    <=20 ppmv; or
                                                   ii. Use a halogen
                                                    reduction device
                                                    before the
                                                    combustion device to
                                                    reduce the halogen
                                                    atom mass emission
                                                    rate to <=0.45 kg/hr
                                                    or to a
                                                    concentration <=20
                                                    ppmv.
3. Group 2 continuous process   You use a          Comply with the
 vent at an existing source.     recovery device    requirements in Sec.
                                 to maintain the      63.2450(e)(4) and
                                 TRE level 1.9 but     Sec. 63.993 and
                                 <=5.0.             the requirements
                                                    referenced therein.
4. Group 2 continuous process   You use a          Comply with the
 vent at a new source.           recovery device    requirements in Sec.
                                 to maintain the      63.2450(e)(4) and
                                 TRE level 5.0 but     Sec. 63.993 and
                                 <=8.0.             the requirements
                                                    referenced therein.
5. Continuous process vent....  Beginning no       Comply with the
                                 later than the     applicable emission
                                 compliance dates   limits specified in
                                 specified in       items 1 through 4 of
                                 Sec. this Table, and
                                 63.2445(i), the    also:
                                 continuous        i. Reduce emissions
                                 process vent       of ethylene oxide by
                                 contains           venting emissions
                                 ethylene oxide     through a closed-
                                 such that it is    vent system to a
                                 considered to be   flare; or
                                 in ethylene       ii. Reduce emissions
                                 oxide service as   of ethylene oxide by
                                 defined in Sec. venting emissions
                                  63.2550.          through a closed-
                                                    vent system to a
                                                    control device that
                                                    reduces ethylene
                                                    oxide by =99.9 percent by
                                                    weight, or to a
                                                    concentration <1
                                                    ppmv for each
                                                    process vent or to
                                                    <5 pounds per year
                                                    for all combined
                                                    process vents.
------------------------------------------------------------------------


[85 FR 49161, Aug. 12, 2020]

[[Page 500]]



   Sec. Table 2 to Subpart FFFF of Part 63--Emission Limits and Work 
               Practice Standards for Batch Process Vents

    As required in Sec. 63.2460, you must meet each emission limit and 
work practice standard in the following table that applies to your batch 
process vents:

------------------------------------------------------------------------
       For each . . .          Then you must . . .   And you must . . .
------------------------------------------------------------------------
1. Process with Group 1       a. Reduce collective  Not applicable.
 batch process vents.          uncontrolled
                               organic HAP
                               emissions from the
                               sum of all batch
                               process vents
                               within the process
                               by =98
                               percent by weight
                               by venting
                               emissions from a
                               sufficient number
                               of the vents
                               through one or more
                               closed-vent systems
                               to any combination
                               of control devices
                               (except a flare);
                               or
                              b. Reduce collective  Not applicable.
                               uncontrolled
                               organic HAP
                               emissions from the
                               sum of all batch
                               process vents
                               within the process
                               by =95
                               percent by weight
                               by venting
                               emissions from a
                               sufficient number
                               of the vents
                               through one or more
                               closed-vent systems
                               to any combination
                               of recovery devices
                               or a biofilter,
                               except you may
                               elect to comply
                               with the
                               requirements of
                               subpart WW of this
                               part for any
                               process tank; or
                              c. Reduce             For all other batch
                               uncontrolled          process vents
                               organic HAP           within the process,
                               emissions from one    reduce collective
                               or more batch         organic HAP
                               process vents         emissions as
                               within the process    specified in item
                               by venting through    1.a and/or item 1.b
                               a closed-vent         of this Table.
                               system to a flare
                               or by venting
                               through one or more
                               closed-vent systems
                               to any combination
                               of control devices
                               (excluding a flare)
                               that reduce organic
                               HAP to an outlet
                               concentration <=20
                               ppmv as TOC or
                               total organic HAP.
2. Halogenated Group 1 batch  a. Use a halogen      i. Reduce overall
 process vent for which you    reduction device      emissions of
 use a combustion device to    after the             hydrogen halide and
 control organic HAP           combustion control    halogen HAP by =99 percent;
                                                     or
                                                    ii. Reduce overall
                                                     emissions of
                                                     hydrogen halide and
                                                     halogen HAP to
                                                     <=0.45 kg/hr; or
                                                    iii. Reduce overall
                                                     emissions of
                                                     hydrogen halide and
                                                     halogen HAP to a
                                                     concentration <=20
                                                     ppmv.
                              b. Use a halogen      Reduce the halogen
                               reduction device      atom mass emission
                               before the            rate to <=0.45 kg/
                               combustion control    hr or to a
                               device.               concentration <=20
                                                     ppmv.
3. Batch process vent that    Beginning no later    Not applicable.
 contains ethylene oxide       than the compliance
 such that it is considered    dates specified in
 to be in ethylene oxide       Sec. 63.2445(i),
 service as defined in Sec. comply with the
  63.2550.                     applicable emission
                               limits specified in
                               items 1 and 2 of
                               this Table, and
                               also:
                              i. Reduce emissions
                               of ethylene oxide
                               by venting
                               emissions through a
                               closed-vent system
                               to a flare; or.
                              ii. Reduce emissions
                               of ethylene oxide
                               by venting
                               emissions through a
                               closed-vent system
                               to a control device
                               that reduces
                               ethylene oxide by
                               =99.9
                               percent by weight,
                               or to a
                               concentration <1
                               ppmv for each
                               process vent or to
                               <5 pounds per year
                               for all combined
                               process vents..
------------------------------------------------------------------------


[85 FR 49161, Aug. 12, 2020]



 Sec. Table 3 to Subpart FFFF of Part 63--Emission Limits for Hydrogen 
 Halide and Halogen HAP Emissions or HAP Metals Emissions From Process 
                                  Vents

    As required in Sec. 63.2465, you must meet each emission limit in 
the following table that applies to your process vents that contain 
hydrogen halide and halogen HAP emissions or PM HAP emissions:

------------------------------------------------------------------------
          For each . . .                       You must . . .
------------------------------------------------------------------------
1. Process with uncontrolled        a. Reduce collective hydrogen halide
 hydrogen halide and halogen HAP     and halogen HAP emissions by =99 percent by weight or to
 thn-eq>=1,000 lb/yr.                an outlet concentration <=20 ppmv
                                     by venting through one or more
                                     closed-vent systems to any
                                     combination of control devices, or

[[Page 501]]

 
                                    b. Reduce the halogen atom mass
                                     emission rate from the sum of all
                                     batch process vents and each
                                     individual continuous process vent
                                     to <=0.45 kg/hr by venting through
                                     one or more closed-vent systems to
                                     a halogen reduction device.
2. Process at a new source with     Reduce overall emissions of HAP
 uncontrolled emissions from         metals by =97 percent by
 process vents =150 lb/   weight.
 yr of HAP metals.
------------------------------------------------------------------------


[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40340, July 14, 2006]



  Sec. Table 4 to Subpart FFFF of Part 63--Emission Limits for Storage 
                                  Tanks

    As required in Sec. 63.2470, you must meet each emission limit in 
the following table that applies to your storage tanks:

------------------------------------------------------------------------
        For each . . .           For which . . .    Then you must . . .
------------------------------------------------------------------------
1. Group 1 storage tank.......  a. The maximum     i. Reduce total HAP
                                 true vapor         emissions by =95 percent by
                                 total HAP at the   weight or to <=20
                                 storage            ppmv of TOC or
                                 temperature is     organic HAP and <=20
                                 =76.6   ppmv of hydrogen
                                 kilopascals.       halide and halogen
                                                    HAP by venting
                                                    emissions through a
                                                    closed vent system
                                                    to any combination
                                                    of control devices
                                                    (excluding a flare);
                                                    or
                                                   ii. Reduce total
                                                    organic HAP
                                                    emissions by venting
                                                    emissions through a
                                                    closed vent system
                                                    to a flare; or
                                                   iii. Comply with the
                                                    requirements in Sec.
                                                      63.2450(e)(4), as
                                                    applicable; and
                                                    reduce total HAP
                                                    emissions by venting
                                                    emissions to a fuel
                                                    gas system or
                                                    process in
                                                    accordance with Sec.
                                                      63.982(d) and the
                                                    requirements
                                                    referenced
                                                    therein.\1\
                                b. The maximum     i. Comply with the
                                 true vapor         requirements of
                                 pressure of        subpart WW of this
                                 total HAP at the   part, except as
                                 storage            specified in Sec.
                                 temperature is     63.2470; or
                                 <76.6
                                 kilopascals.
                                                   ii. Reduce total HAP
                                                    emissions by =95 percent by
                                                    weight or to <=20
                                                    ppmv of TOC or
                                                    organic HAP and <=20
                                                    ppmv of hydrogen
                                                    halide and halogen
                                                    HAP by venting
                                                    emissions through a
                                                    closed vent system
                                                    to any combination
                                                    of control devices
                                                    (excluding a flare);
                                                    or
                                                   iii. Reduce total
                                                    organic HAP
                                                    emissions by venting
                                                    emissions through a
                                                    closed vent system
                                                    to a flare; or
                                                   iv. Comply with the
                                                    requirements in Sec.
                                                      63.2450(e)(4), as
                                                    applicable; and
                                                    reduce total HAP
                                                    emissions by venting
                                                    emissions to a fuel
                                                    gas system or
                                                    process in
                                                    accordance with Sec.
                                                      63.982(d) and the
                                                    requirements
                                                    referenced
                                                    therein.\1\
2. Halogenated vent stream      You use a          Meet one of the
 from a Group 1 storage tank.    combustion         emission limit
                                 control device     options specified in
                                 to control         Item 2.a.i or ii. in
                                 organic HAP        Table 1 to this
                                 emissions.         subpart.
3. Storage tank of any          Beginning no       Comply with the
 capacity and vapor pressure.    later than the     applicable emission
                                 compliance dates   limits specified in
                                 specified in       items 1 and 2 of
                                 Sec. this Table, and
                                 63.2445(i), the    also:
                                 stored liquid     i. Reduce emissions
                                 contains           of ethylene oxide by
                                 ethylene oxide     venting emissions
                                 such that the      through a closed-
                                 storage tank is    vent system to a
                                 considered to be   flare; or
                                 in ethylene       ii. Reduce emissions
                                 oxide service as   of ethylene oxide by
                                 defined in Sec. venting emissions
                                  63.2550.          through a closed-
                                                    vent system to a
                                                    control device that
                                                    reduces ethylene
                                                    oxide by =99.9 percent by
                                                    weight, or to a
                                                    concentration <1
                                                    ppmv for each
                                                    storage tank vent.
------------------------------------------------------------------------
\1\ Beginning no later than the compliance dates specified in Sec.
  63.2445(g), any flare using fuel gas from a fuel gas system, of which
  50 percent or more of the fuel gas is derived from an MCPU that has
  processes and/or equipment in ethylene oxide service or that produces
  olefins or polyolefins, as determined on an annual average basis, must
  be in compliance with Sec. 63.2450(e)(5). For purposes of
  compliance, an MCPU that ``produces olefins or polyolefins'' includes
  only those MCPUs that manufacture ethylene, propylene, polyethylene,
  and/or polypropylene as a product. By-products and impurities as
  defined in Sec. 63.101, as well as wastes and trace contaminants,
  are not considered products.


[85 FR 49162, Aug. 12, 2020]



   Sec. Table 5 to Subpart FFFF of Part 63--Emission Limits and Work 
                  Practice Standards for Transfer Racks

    As required in Sec. 63.2475, you must meet each emission limit and 
work practice standard in the following table that applies to your 
transfer racks:

[[Page 502]]



------------------------------------------------------------------------
          For each . . .                       You must . . .
------------------------------------------------------------------------
1. Group 1 transfer rack..........  a. Reduce emissions of total organic
                                     HAP by =98 percent by
                                     weight or to an outlet
                                     concentration <=20 ppmv as organic
                                     HAP or TOC 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 through a
                                     closed-vent system to a flare; or
                                    c. Comply with the requirements in
                                     Sec. 63.2450(e)(4), as
                                     applicable; and reduce emissions of
                                     total organic HAP by venting
                                     emissions to a fuel gas system or
                                     process in accordance with Sec.
                                     63.982(d) and the requirements
                                     referenced therein;\1\ or
                                    d. 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 transfer     a. Use a halogen reduction device
 rack vent stream for which you      after the combustion device to
 use a combustion device to          reduce emissions of hydrogen halide
 control organic HAP emissions.      and halogen HAP by =99
                                     percent by weight, to <=0.45 kg/hr,
                                     or to <=20 ppmv; or
                                    b. Use a halogen reduction device
                                     before the combustion device to
                                     reduce the halogen atom mass
                                     emission rate to <=0.45 kg/hr or to
                                     a concentration <=20 ppmv.
------------------------------------------------------------------------
\1\ Beginning no later than the compliance dates specified in Sec.
  63.2445(g), any flare using fuel gas from a fuel gas system, of which
  50 percent or more of the fuel gas is derived from an MCPU that has
  processes and/or equipment in ethylene oxide service or that produces
  olefins or polyolefins, as determined on an annual average basis, must
  be in compliance with Sec. 63.2450(e)(5). For purposes of
  compliance, an MCPU that ``produces olefins or polyolefins'' includes
  only those MCPUs that manufacture ethylene, propylene, polyethylene,
  and/or polypropylene as a product. By-products and impurities as
  defined in Sec. 63.101, as well as wastes and trace contaminants,
  are not considered products.


[85 FR 49163, Aug. 12, 2020]



  Sec. Table 6 to Subpart FFFF of Part 63--Requirements for Equipment 
                                  Leaks

    As required in Sec. 63.2480, you must meet each requirement in the 
following table that applies to your equipment leaks:

------------------------------------------------------------------------
                                 And that is part
         For all . . .               of . . .          You must . . .
------------------------------------------------------------------------
1. Equipment that is in         a. Any MCPU......  i. Comply with the
 organic HAP service.                               requirements of
                                                    subpart UU of this
                                                    part and the
                                                    requirements
                                                    referenced therein,
                                                    except as specified
                                                    in Sec. 63.2480(b)
                                                    and (d) through (f);
                                                    or
                                                   ii. Comply with the
                                                    requirements of
                                                    subpart H of this
                                                    part and the
                                                    requirements
                                                    referenced therein,
                                                    except as specified
                                                    in Sec. 63.2480(b)
                                                    and (d) through (f);
                                                    or
                                                   iii. Comply with the
                                                    requirements of 40
                                                    CFR part 65, subpart
                                                    F, and the
                                                    requirements
                                                    referenced therein,
                                                    except as specified
                                                    in Sec.
                                                    63.2480(c), and (d)
                                                    through (f).
2. Equipment that is in         a. Any MCPU......  i. Comply with the
 organic HAP service at a new                       requirements of
 source.                                            subpart UU of this
                                                    part and the
                                                    requirements
                                                    referenced therein,
                                                    except as specified
                                                    in Sec.
                                                    63.2480(b)(6) and
                                                    (7), (e), and (f);
                                                    or
                                                   ii. Comply with the
                                                    requirements of 40
                                                    CFR part 65, subpart
                                                    F, except as
                                                    specified in Sec.
                                                    63.2480(c)(10) and
                                                    (11), (e), and (f).
3. Equipment that is in         a. Any MCPU......  i. Beginning no later
 ethylene oxide service as                          than the compliance
 defined in Sec. 63.2550.                         dates specified in
                                                    Sec. 63.2445(i),
                                                    comply with the
                                                    requirements of
                                                    subpart UU of this
                                                    part and the
                                                    requirements
                                                    referenced therein,
                                                    except as specified
                                                    in Sec. 63.2493(d)
                                                    and (e); or
                                                   ii. Beginning no
                                                    later than the
                                                    compliance dates
                                                    specified in Sec.
                                                    63.2445(i), comply
                                                    with the
                                                    requirements of
                                                    subpart H of this
                                                    part and the
                                                    requirements
                                                    referenced therein,
                                                    except as specified
                                                    in Sec. 63.2493(d)
                                                    and (e);
                                                   iii. Beginning no
                                                    later than the
                                                    compliance dates
                                                    specified in Sec.
                                                    63.2445(i), comply
                                                    with the
                                                    requirements of 40
                                                    CFR part 65, subpart
                                                    F, and the
                                                    requirements
                                                    referenced therein,
                                                    except as specified
                                                    in Sec. 63.2493(d)
                                                    and (e).
------------------------------------------------------------------------


[85 FR 49163, Aug. 12, 2020]



  Sec. Table 7 to Subpart FFFF of Part 63--Requirements for Wastewater 
        Streams and Liquid Streams in Open Systems Within an MCPU

    As required in Sec. 63.2485, you must meet each requirement in the 
following table that applies to your wastewater streams and liquid 
streams in open systems within an MCPU:

[[Page 503]]



------------------------------------------------------------------------
          For each . . .                       You must . . .
------------------------------------------------------------------------
1. Process wastewater stream......  Comply with the requirements in Sec.
                                      Sec. 63.132 through 63.148 and
                                     the requirements referenced
                                     therein, except as specified in
                                     Sec. 63.2485.
2. Maintenance wastewater stream..  Comply with the requirements in Sec.
                                       63.105 and the requirements
                                     referenced therein, except as
                                     specified in Sec. 63.2485.
3. Liquid streams in an open        Comply with the requirements in Sec.
 system within an MCPU.                63.149 and the requirements
                                     referenced therein, except as
                                     specified in Sec. 63.2485.
------------------------------------------------------------------------



Sec. Table 8 to Subpart FFFF of Part 63--Partially Soluble Hazardous Air 
                               Pollutants

    As specified in Sec. 63.2485, the partially soluble HAP in 
wastewater that are subject to management and treatment requirements in 
this subpart FFFF are listed in the following table:

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

[[Page 504]]

 
59. Xylene (o)...................................  95476
60. Xylene (p)...................................  106423
------------------------------------------------------------------------


[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 
FR 40341, July 14, 2006]



     Sec. Table 9 to Subpart FFFF of Part 63--Soluble Hazardous Air 
                               Pollutants

    As specified in Sec. 63.2485, the soluble HAP in wastewater that 
are subject to management and treatment requirements of this subpart 
FFFF 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
------------------------------------------------------------------------


[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38561, July 1, 2005]



 Sec. Table 10 to Subpart FFFF of Part 63--Work Practice Standards for 
                          Heat Exchange Systems

    As required in Sec. 63.2490, you must meet each requirement in the 
following table that applies to your heat exchange systems:

------------------------------------------------------------------------
            For each . . .                       You must . . .
------------------------------------------------------------------------
Heat exchange system, as defined in    a. Comply with the requirements
 Sec. 63.101.                         of Sec. 63.104 and the
                                        requirements referenced therein,
                                        except as specified in Sec.
                                        63.2490(b) and (c); or
                                       b. Comply with the requirements
                                        in Sec. 63.2490(d).
------------------------------------------------------------------------


[85 FR 49164, Aug. 12, 2020]



   Sec. Table 11 to Subpart FFFF of Part 63--Requirements for Reports

    As required in Sec. 63.2520(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 the
     You must submit a(n)         contain . . .         report . . .
------------------------------------------------------------------------
1. Precompliance report.......  The information    At least 6 months
                                 specified in       prior to the
                                 Sec. compliance date; or
                                 63.2520(c).        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       days after the
                                 Sec. compliance date
                                 63.2520(d).        specified in Sec.
                                                    63.2445.
3. Compliance report..........  The information    Semiannually
                                 specified in       according to the
                                 Sec. requirements in Sec.
                                 63.2520(e).          63.2520(b).
------------------------------------------------------------------------



   Sec. Table 12 to Subpart FFFF of Part 63--Applicability of General 
                       Provisions to Subpart FFFF

    As specified in Sec. 63.2540, the parts of the General Provisions 
that apply to you are shown in the following table:

------------------------------------------------------------------------
          Citation                   Subject             Explanation
------------------------------------------------------------------------
Sec. 63.1.................  Applicability.......  Yes.
Sec. 63.2.................  Definitions.........  Yes.

[[Page 505]]

 
Sec. 63.3.................  Units and             Yes.
                               Abbreviations.
Sec. 63.4.................  Prohibited            Yes.
                               Activities.
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)........  Operation &           Yes, before August
                               Maintenance.          12, 2023.
                                                    No, beginning on and
                                                     after August 12,
                                                     2023. See Sec.
                                                     63.2450(u) for
                                                     general duty
                                                     requirement.
Sec. 63.6(e)(1)(ii).......  Operation &           Yes, before August
                               Maintenance.          12, 2023.
                                                    No, beginning on and
                                                     after August 12,
                                                     2023.
Sec. 63.6(e)(1)(iii)......  Operation &           Yes.
                               Maintenance.
Sec. 63.6(e)(2)...........  [Reserved]..........
Sec. 63.6(e)(3)(i), (iii),  Startup, Shutdown,    Yes, before August
 and (v) through (viii).       Malfunction Plan      12, 2023, except
                               (SSMP).               information
                                                     regarding Group 2
                                                     emission points and
                                                     equipment leaks is
                                                     not required in the
                                                     SSMP, as specified
                                                     in Sec.
                                                     63.2525(j). No,
                                                     beginning on and
                                                     after August 12,
                                                     2023.
Sec. 63.6(e)(3)(iii) and    Recordkeeping and     No, see Sec.
 (iv).                         Reporting During      63.2525 for
                               SSM.                  recordkeeping
                                                     requirements and
                                                     Sec.
                                                     63.2520(e)(4) for
                                                     reporting
                                                     requirements.
Sec. 63.6(e)(3)(ix).......  SSMP incorporation    Yes, before August
                               into title V permit.  12, 2023. No
                                                     beginning on and
                                                     after August 12,
                                                     2023.
Sec. 63.6(f)(1)...........  Compliance With Non-  No. See Sec.
                               Opacity Standards     63.2445(g) through
                               Except During SSM.    (i).
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 Standards     63.2445(g) through
                               Except During SSM.    (i).
Sec. 63.6(h)(2)-(9).......  Opacity/Visible       Only for flares for
                               Emission (VE)         which Method 22 of
                               Standards.            40 CFR part 60,
                                                     appendix A-7,
                                                     observations are
                                                     required as part of
                                                     a flare compliance
                                                     assessment.
Sec. 63.6(i)(1)-(14), and   Compliance Extension  Yes.
 (16).
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)...........  Section 114           Yes, and this
                               Authority.            paragraph also
                                                     applies to flare
                                                     compliance
                                                     assessments as
                                                     specified under
                                                     Sec.
                                                     63.997(b)(2).
Sec. 63.7(a)(4)...........  Force Majeure.......  Yes.
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 batch
                                                     process vents.
Sec. 63.7(d)..............  Testing Facilities..  Yes.
Sec. 63.7(e)(1)...........  Conditions for        Yes, before August
                               Conducting            12, 2023 except
                               Performance Tests.    that performance
                                                     tests for batch
                                                     process vents must
                                                     be conducted under
                                                     worst-case
                                                     conditions as
                                                     specified in Sec.
                                                     63.2460. No,
                                                     beginning on and
                                                     after August 12,
                                                     2023. See Sec.
                                                     63.2450(g)(6).
Sec. 63.7(e)(2)...........  Conditions for        Yes.
                               Conducting
                               Performance Tests.
Sec. 63.7(e)(3)...........  Test Run Duration...  Yes.
Sec. 63.7(e)(4)...........  Administrator's       Yes.
                               Authority to
                               Require Testing.
Sec. 63.7(f)..............  Alternative Test      Yes.
                               Method.
Sec. 63.7(g)..............  Performance Test      Yes, except this
                               Data Analysis.        subpart specifies
                                                     how and when the
                                                     performance test
                                                     and performance
                                                     evaluation results
                                                     are reported.
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, except for
                               Flares.               flares subject to
                                                     Sec.
                                                     63.2450(e)(5).
Sec. 63.8(b)(1)...........  Monitoring..........  Yes.

[[Page 506]]

 
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)........  Routine and           Yes, before August
                               Predictable SSM.      12, 2023. No,
                                                     beginning on and
                                                     after August 12,
                                                     2023.
Sec. 63.8(c)(1)(ii).......  CMS malfunction not   Yes.
                               in SSM plan.
Sec. 63.8(c)(1)(iii)......  Compliance with       Yes, before August
                               Operation and         12, 2023. No,
                               Maintenance           beginning on and
                               Requirements.         after August 12,
                                                     2023.
Sec. 63.8(c)(2)-(3).......  Monitoring System     Yes.
                               Installation.
Sec. 63.8(c)(4)...........  CMS Requirements....  Only for CEMS.
                                                     Requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subparts G and SS
                                                     of this part.
                                                     Requirements for
                                                     COMS do not apply
                                                     because this
                                                     subpart does not
                                                     require continuous
                                                     opacity monitoring
                                                     systems (COMS).
Sec. 63.8(c)(4)(i)........  COMS Measurement and  No; this subpart
                               Recording Frequency.  does not require
                                                     COMS.
Sec. 63.8(c)(4)(ii).......  CEMS Measurement and  Yes.
                               Recording Frequency.
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
                                                     subparts G and SS
                                                     of this part.
                                                     Requirements for
                                                     COMS do not apply
                                                     because this
                                                     subpart does not
                                                     require COMS.
Sec. 63.8(c)(7)-(8).......  CMS Requirements....  Only for CEMS.
                                                     Requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subparts G and SS
                                                     of this part.
                                                     Requirements for
                                                     COMS do not apply
                                                     because this
                                                     subpart does not
                                                     require COMS.
Sec. 63.8(d)(1)...........  CMS Quality Control.  Only for CEMS.
Sec. 63.8(d)(2)...........  CMS Quality Control.  Only for CEMS.
Sec. 63.8(d)(3)...........  CMS Quality Control.  Yes, only for CEMS
                                                     before August 12,
                                                     2023. No, beginning
                                                     on and after August
                                                     12, 2023. See Sec.
                                                      63.2450(j)(6).
Sec. 63.8(e)..............  CMS Performance       Only for CEMS,
                               Evaluation.           except this subpart
                                                     specifies how and
                                                     when the
                                                     performance
                                                     evaluation results
                                                     are reported.
                                                     Section
                                                     63.8(e)(5)(ii) does
                                                     not apply because
                                                     this subpart does
                                                     not require COMS.
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 applicable when
                               Relative Accuracy     using CEMS to
                               Test.                 demonstrate
                                                     compliance,
                                                     including the
                                                     alternative
                                                     standard in Sec.
                                                     63.2505.
Sec. 63.8(g)(1)-(4).......  Data Reduction......  Only when using
                                                     CEMS, including for
                                                     the alternative
                                                     standard in Sec.
                                                     63.2505, except
                                                     that the
                                                     requirements for
                                                     COMS do not apply
                                                     because this
                                                     subpart has no
                                                     opacity or VE
                                                     limits, and Sec.
                                                     63.8(g)(2) does not
                                                     apply because data
                                                     reduction
                                                     requirements for
                                                     CEMS are specified
                                                     in Sec.
                                                     63.2450(j).
Sec. 63.8(g)(5)...........  Data Reduction......  No. Requirements for
                                                     CEMS are specified
                                                     in Sec.
                                                     63.2450(j).
                                                     Requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subparts G and SS
                                                     of this part.
Sec. 63.9(a)..............  Notification          Yes.
                               Requirements.
Sec. 63.9(b)(1)-(5).......  Initial               Yes.
                               Notifications.
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.
                               Opacity Test.
Sec. 63.9(g)..............  Additional            Only for CEMS.
                               Notifications When    Section 63.9(g)(2)
                               Using CMS.            does not apply
                                                     because this
                                                     subpart does not
                                                     require COMS.
63.9(h)(1)-(6)..............  Notification of       Yes, except Sec.
                               Compliance Status.    63.9(h)(2)(i)(A)
                                                     through (G) and
                                                     (h)(2)(ii) do not
                                                     apply because Sec.
                                                      63.2520(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. 63.2520(e)
                                                     specifies reporting
                                                     requirements for
                                                     process changes.
Sec. 63.9(k)..............  Electronic reporting  Yes, as specified in
                               procedures.           Sec. 63.9(j).

[[Page 507]]

 
Sec. 63.10(a).............  Recordkeeping/        Yes.
                               Reporting.
Sec. 63.10(b)(1)..........  Recordkeeping/        Yes.
                               Reporting.
Sec. 63.10(b)(2)(i).......  Records related to    No, see Sec. Sec.
                               startup and           63.2450(e) and
                               shutdown.             63.2525 for
                                                     recordkeeping
                                                     requirements.
Sec. 63.10(b)(2)(ii)......  Recordkeeping         Yes, before August
                               relevant to SSM       12, 2023. No,
                               periods and CMS.      beginning on and
                                                     after August 12,
                                                     2023. See Sec.
                                                     63.2525(h) and (l).
Sec. 63.10(b)(2)(iii).....  Records related to    Yes.
                               maintenance of air
                               pollution control
                               equipment.
Sec. 63.10(b)(2)(iv) and    Recordkeeping         Yes, before August
 (v).                          relevant to SSM       12, 2023. No,
                               period.               beginning on and
                                                     after August 12,
                                                     2023.
Sec. 63.10(b)(2)(vi)......  CMS Records.........  Before August 12,
                                                     2023, yes but only
                                                     for CEMS;
                                                     requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subparts G and SS
                                                     of this part.
                                                     Beginning on and
                                                     after August 12,
                                                     2023, yes for CEMS
                                                     and CPMS for flares
                                                     subject to Sec.
                                                     63.2450(e)(5).
Sec. 63.10(b)(2)(x) and     CMS Records.........  Only for CEMS;
 (xi).                                               requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subparts G and SS
                                                     of this part.
Sec. 63.10(b)(2)(vii)-(ix)  Records.............  Yes.
Sec. 63.10(b)(2)(xii).....  Records.............  Yes.
Sec. 63.10(b)(2)(xiii)....  Records.............  Only for CEMS.
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).                                               Recordkeeping
                                                     requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subparts G and SS
                                                     of this part.
Sec. 63.10(c)(7)-(8)......  Records.............  No. Recordkeeping
                                                     requirements are
                                                     specified in Sec.
                                                     63.2525.
Sec. 63.10(c)(15).........  Records.............  Yes, before August
                                                     12, 2023, but only
                                                     for CEMS. No,
                                                     beginning on and
                                                     after August 12,
                                                     2023.
Sec. 63.10(d)(1)..........  General Reporting     Yes.
                               Requirements.
Sec. 63.10(d)(2)..........  Report of             Yes, before October
                               Performance Test      13, 2020. No,
                               Results.              beginning on and
                                                     after October 13,
                                                     2020.
Sec. 63.10(d)(3)..........  Reporting Opacity or  No.
                               VE Observations.
Sec. 63.10(d)(4)..........  Progress Reports....  Yes.
Sec. 63.10(d)(5)(i).......  Periodic Startup,     No, Sec.
                               Shutdown, and         63.2520(e)(4) and
                               Malfunction Reports.  (5) specify the SSM
                                                     reporting
                                                     requirements.
Sec. 63.10(d)(5)(ii)......  Immediate SSM         No.
                               Reports.
Sec. 63.10(e)(1)..........  Additional CEMS       Yes.
                               Reports.
Sec. 63.10(e)(2)(i).......  Additional CMS        Only for CEMS,
                               Reports.              except this subpart
                                                     specifies how and
                                                     when the
                                                     performance
                                                     evaluation results
                                                     are reported.
Sec. 63.10(e)(2)(ii)......  Additional COMS       No. This subpart
                               Reports.              does not require
                                                     COMS.
Sec. 63.10(e)(3)..........  Reports.............  No. Reporting
                                                     requirements are
                                                     specified in Sec.
                                                     63.2520.
Sec. 63.10(e)(3)(i)-(iii).  Reports.............  No. Reporting
                                                     requirements are
                                                     specified in Sec.
                                                     63.2520.
Sec. 63.10(e)(3)(iv)-(v)..  Excess Emissions      No. Reporting
                               Reports.              requirements are
                                                     specified in Sec.
                                                     63.2520.
Sec. 63.10(e)(3)(iv)-(v)..  Excess Emissions      No. Reporting
                               Reports.              requirements are
                                                     specified in Sec.
                                                     63.2520.
Sec. 63.10(e)(3)(vi)-       Excess Emissions      No. Reporting
 (viii).                       Report and Summary    requirements are
                               Report.               specified in Sec.
                                                     63.2520.
Sec. 63.10(e)(4)..........  Reporting COMS data.  No.
Sec. 63.10(f).............  Waiver for            Yes.
                               Recordkeeping/
                               Reporting.
Sec. 63.11................  Control device        Yes, except for
                               requirements for      flares subject to
                               flares and work       Sec.
                               practice              63.2450(e)(5).
                               requirements for
                               equipment leaks.
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 49164, Aug. 12, 2020, as amended at 85 FR 73903, Nov. 19, 2020]

[[Page 508]]



 Subpart GGGG_National Emission Standards for Hazardous Air Pollutants: 
             Solvent Extraction for Vegetable Oil Production

    Source: 66 FR 19011, Apr. 12, 2001, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.2830  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for emissions during vegetable oil production. 
This subpart limits hazardous air pollutant (HAP) emissions from 
specified vegetable oil production processes. This subpart also 
establishes requirements to demonstrate initial and continuous 
compliance with the emission standards.



Sec. 63.2831  Where can I find definitions of key words used in this subpart?

    You can find definitions of key words used in this subpart in Sec. 
63.2872.



Sec. 63.2832  Am I subject to this subpart?

    (a) You are an affected source subject to this subpart if you meet 
all of the criteria listed in paragraphs (a)(1) and (2) of this section:
    (1) You own or operate a vegetable oil production process that is a 
major source of HAP emissions or is collocated within a plant site with 
other sources that are individually or collectively a major source of 
HAP emissions.
    (i) A vegetable oil production process is defined in Sec. 63.2872. 
In general, it is the collection of continuous process equipment and 
activities that produce crude vegetable oil and meal products by 
removing oil from oilseeds listed in Table 1 to Sec. 63.2840 through 
direct contact with an organic solvent, such as a hexane isomer blend.
    (ii) 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.
    (2) Your vegetable oil production process processes any combination 
of eight types of oilseeds listed in paragraphs (a)(2)(i) through (viii) 
of this section:
    (i) Corn germ;
    (ii) Cottonseed;
    (iii) Flax;
    (iv) Peanut;
    (v) Rapeseed (for example, canola);
    (vi) Safflower;
    (vii) Soybean; and
    (viii) Sunflower.
    (b) You are not subject to this subpart if your vegetable oil 
production process meets any of the criteria listed in paragraphs (b)(1) 
through (4) of this section:
    (1) It uses only mechanical extraction techniques that use no 
organic solvent to remove oil from a listed oilseed.
    (2) It uses only batch solvent extraction and batch desolventizing 
equipment.
    (3) It processes only agricultural products that are not listed 
oilseeds as defined in Sec. 63.2872.
    (4) It functions only as a research and development facility and is 
not a major source.
    (c) As listed in Sec. 63.1(c)(5) of the General Provisions, if your 
HAP emissions increase such that you become a major source, then you are 
subject to all of the requirements of this subpart.



Sec. 63.2833  Is my source categorized as existing or new?

    (a) This subpart applies to each existing and new affected source. 
You must categorize your vegetable oil production process as either an 
existing or a new source in accordance with the criteria in Table 1 of 
this section, as follows:

 Table 1 to Sec. 63.2833--Categorizing Your Source as Existing or New
------------------------------------------------------------------------
                                                      Then your affected
  If your affected source. . .        And if. . .         source. . .
------------------------------------------------------------------------
(1) was constructed or began      reconstruction has  is an existing
 construction before May 26,       not occurred.       source.
 2000.

[[Page 509]]

 
(2) began reconstruction, as      (i) reconstruction  remains an
 defined in Sec. 63.2, on or     was part of a       existing source.
 after May 26, 2000.               scheduled plan to
                                   comply with the
                                   existing source
                                   requirements of
                                   this subpart; and.
                                  (ii)
                                   reconstruction
                                   was completed no
                                   later than 3
                                   years after the
                                   effective date of
                                   this subpart.
(3) began a significant           the modification    remains an
 modification, as defined in       does not            existing source.
 Sec. 63.2872, at any time on    constitute
 an existing source.               reconstruction.
(4) began a significant           the modification    remains a new
 modification, as defined in       does not            source.
 Sec. 63.2872, at any time on    constitute
 a new source.                     reconstruction.
(5) began reconstruction on or    reconstruction was  is a new source
 after May 26, 2000.               completed later
                                   than 3 years
                                   after the
                                   effective date of
                                   this subpart.
(6) began construction on or      ..................  is a new source.
 after May 26, 2000.
------------------------------------------------------------------------

    (b) Reconstruction of a source. Any affected source is reconstructed 
if components are replaced so that the criteria in the definition of 
reconstruction in Sec. 63.2 are satisfied. In general, a vegetable oil 
production process is reconstructed if the fixed capital cost of the new 
components exceeds 50 percent of the fixed capital cost for constructing 
a new vegetable oil production process, and it is technically and 
economically feasible for the reconstructed source to meet the relevant 
new source requirements of this subpart. The effect of reconstruction on 
the categorization of your existing and new affected source is described 
in paragraphs (b)(1) and (2) of this section:
    (1) After reconstruction of an existing source, the affected source 
is recategorized as a new source and becomes subject to the new source 
requirements of this subpart.
    (2) After reconstruction of a new source, the affected source 
remains categorized as a new source and remains subject to the new 
source requirements of this subpart.
    (c) Significant modification of a source. A significant modification 
to an affected source is a term specific to this subpart and is defined 
in Sec. 63.2872.
    (1) In general, a significant modification to your source consists 
of adding new equipment or the modification of existing equipment within 
the affected source that significantly affects solvent losses from the 
affected source. Examples include adding or replacing extractors, 
desolventizer-toasters (conventional and specialty), and meal dryer-
coolers. All other significant modifications must meet the criteria 
listed in paragraphs (c)(1)(i) and (ii) of this section:
    (i) The fixed capital cost of the modification represents a 
significant percentage of the fixed capital cost of building a 
comparable new vegetable oil production process.
    (ii) It does not constitute reconstruction as defined in Sec. 63.2.
    (2) A significant modification has no effect on the categorization 
of your source as existing and new. An existing source remains 
categorized as an existing source and subject to the existing source 
requirements of this subpart. A new source remains categorized as a new 
source and subject to the new source requirements of this subpart.
    (d) Changes in the type of oilseed processed by your affected source 
does not affect the categorization of your source as new or existing. 
Recategorizing an affected source from existing to new occurs only when 
you add or modify process equipment within the source which meets the 
definition of reconstruction.

[[Page 510]]



Sec. 63.2834  When do I have to comply with the standards in this subpart?

    You must comply with this subpart in accordance with one of the 
schedules in Table 1 of this section, as follows:

                    Table 1 of Sec. 63.2834--Compliance Dates for Existing and New Sources
----------------------------------------------------------------------------------------------------------------
                                                                                            Except for certain
                                                                                             requirements, as
                                                                                         specified in Sec. Sec.
                                                                                             63.2840, 63.2850,
      If your affected source is                                  Then your compliance      63.2851, 63.2852,
         categorized as . . .                And if . . .            date is . . .          63.2853, 63.2861,
                                                                                          63.2862, and 63.2870,
                                                                                           then your compliance
                                                                                              date is . . .
 
----------------------------------------------------------------------------------------------------------------
(a) an existing source...............                           April 12, 2004.........  September 15, 2020.
(b) a new source.....................  you startup your         April 12, 2004.........  September 15, 2020.
                                        affected source before
                                        April 12, 2001.
(c) a new source.....................  you startup your         your startup date......  September 15, 2020.
                                        affected source on or
                                        after April 12, 2001,
                                        but before March 18,
                                        2020.
(d) a new source.....................  you startup your         your startup date......  your startup date.
                                        affected source on or
                                        after March 18, 2020.
----------------------------------------------------------------------------------------------------------------


[66 FR 19011, Apr. 12, 2001, as amended at 85 FR 15626, Mar. 18, 2020]

                                Standards



Sec. 63.2840  What emission requirements must I meet?

    For each facility meeting the applicability criteria in Sec. 
63.2832, you must comply with either the requirements specified in 
paragraphs (a) through (d), or the requirements in paragraph (e) of this 
section. You must also comply with the requirements in paragraph (g) of 
this section. You must comply with the work practice standard provided 
in paragraph (h) of this section, if you choose to operate your source 
under an initial startup period subject to Sec. 63.2850(c)(2) or 
(d)(2).
    (a)(1) The emission requirements limit the number of gallons of HAP 
lost per ton of listed oilseeds processed. For each operating month, as 
defined in Sec. 63.2872, you must calculate a compliance ratio which 
compares your actual HAP loss to your allowable HAP loss for the 
previous 12 operating months as shown in Equation 1 of this section. 
Equation 1 of this section follows:
[GRAPHIC] [TIFF OMITTED] TR12AP01.001

    (2) Equation 1 of this section can also be expressed as a function 
of total solvent loss as shown in Equation 2 of this section. Equation 2 
of this section follows:
[GRAPHIC] [TIFF OMITTED] TR12AP01.002

Where:

f = The weighted average volume fraction of HAP in solvent received 
          during the previous 12 operating months, as determined in 
          Sec. 63.2854, dimensionless.
0.64 = The average volume fraction of HAP in solvent in the baseline 
          performance data, dimensionless.

[[Page 511]]

Actual Solvent Loss = Gallons of actual solvent loss during previous 12 
          operating months, as determined in Sec. 63.2853.
Oilseed = Tons of each oilseed type ``i'' processed during the previous 
          12 operating months, as shown in Sec. 63.2855.
SLF = The corresponding solvent loss factor (gal/ton) for oilseed ``i'' 
          listed in Table 1 of this section, as follows:

 Table 1 of Sec. 63.2840--Oilseed Solvent Loss Factors for Determining
                           Allowable HAP Loss
------------------------------------------------------------------------
                                                    Oilseed solvent loss
                                                      factor (gal/ton)
    Type of oilseed process       A source that... ---------------------
                                                     Existing     New
                                                     sources    sources
------------------------------------------------------------------------
(i) Corn Germ, Wet Milling.....  processes corn           0.4        0.3
                                  germ that has
                                  been separated
                                  from other corn
                                  components using
                                  a ``wet''
                                  process of
                                  centrifuging a
                                  slurry steeped
                                  in a dilute
                                  sulfurous acid
                                  solution.
(ii) Corn Germ, Dry Milling....  processes corn           0.7        0.7
                                  germ that has
                                  been separated
                                  from the other
                                  corn components
                                  using a ``dry''
                                  process of
                                  mechanical
                                  chafing and air
                                  sifting.
(iii) Cottonseed, Large........  processes 120,000        0.5        0.4
                                  tons or more of
                                  a combination of
                                  cottonseed and
                                  other listed
                                  oilseeds during
                                  all normal
                                  operating
                                  periods in a 12
                                  operating month
                                  period.
(iv) Cottonseed, Small.........  processes less           0.7        0.4
                                  than 120,000
                                  tons of a
                                  combination of
                                  cottonseed and
                                  other listed
                                  oilseeds during
                                  all normal
                                  operating
                                  periods in a 12
                                  operating month
                                  period.
(v) Flax.......................  processes flax...        0.6        0.6
(vi) Peanuts...................  processes peanuts        1.2        0.7
(vii) Rapeseed.................  processes                0.7        0.3
                                  rapeseed.
(viii) Safflower...............  processes                0.7        0.7
                                  safflower.
(ix) Soybean, Conventional.....  uses a                   0.2        0.2
                                  conventional
                                  style
                                  desolventizer to
                                  produce crude
                                  soybean oil
                                  products and
                                  soybean animal
                                  feed products.
(x) Soybean, Specialty.........  uses a special           1.7        1.5
                                  style
                                  desolventizer to
                                  produce soybean
                                  meal products
                                  for human and
                                  animal
                                  consumption.
(xi) Soybean, Combination Plant  processes               0.25       0.25
 with Low Specialty Production.   soybeans in both
                                  specialty and
                                  conventional
                                  desolventizers
                                  and the quantity
                                  of soybeans
                                  processed in
                                  specialty
                                  desolventizers
                                  during normal
                                  operating
                                  periods is less
                                  than 3.3 percent
                                  of total
                                  soybeans
                                  processed during
                                  all normal
                                  operating
                                  periods in a 12
                                  operating month
                                  period. The
                                  corresponding
                                  solvent loss
                                  factor is an
                                  overall value
                                  and applies to
                                  the total
                                  quantity of
                                  soybeans
                                  processed..
(xii) Sunflower................  processes                0.4        0.3
                                  sunflower.
------------------------------------------------------------------------

    (b) When your source has processed listed oilseed for 12 operating 
months, calculate the compliance ratio by the end of each calendar month 
following an operating month, as defined in Sec. 63.2872, using 
Equation 2 of this section. When calculating your compliance ratio, 
consider the conditions and exclusions in paragraphs (b)(1) through (6) 
of this section:
    (1) [Reserved]
    (2) The 12-month compliance ratio may include operating months 
occurring prior to a source shutdown and operating months that follow 
after the source resumes operation.
    (3) If your source shuts down and processes no listed oilseed for an 
entire calendar or accounting month, then you must categorize the month 
as a nonoperating month, as defined in Sec. 63.2872. Exclude any 
nonoperating months from the compliance ratio determination.
    (4) If your source is subject to an initial startup period as 
defined in Sec. 63.2872, you may exclude from the compliance ratio 
determination any solvent and oilseed information recorded for the 
initial startup period, provided you meet the work practice standard in 
Sec. 63.2850(c)(2) or (d)(2).

[[Page 512]]

    (5) Before September 15, 2020, if your source is subject to a 
malfunction period as defined in Sec. 63.2872, exclude from the 
compliance ratio determination any solvent and oilseed information 
recorded for the malfunction period. The provisions of this paragraph 
(e) do not apply on and after September 15, 2020.
    (6) For sources processing cottonseed or specialty soybean, the 
solvent loss factor you use to determine the compliance ratio may change 
each operating month depending on the tons of oilseed processed during 
all normal operating periods in a 12 operating month period.
    (c) If the compliance ratio is less than or equal to 1.00, your 
source was in compliance with the HAP emission requirements for the 
previous operating month.
    (d) To determine the compliance ratio in Equation 2 of this section, 
you must select the appropriate oilseed solvent loss factor from Table 1 
of this section. First, determine whether your source is new or existing 
using Table 1 of Sec. 63.2833. Then, under the appropriate existing or 
new source column, select the oilseed solvent loss factor that 
corresponds to each type oilseed or process operation for each operating 
month.
    (e) Low-HAP solvent option. For all vegetable oil production 
processes subject to this subpart, you must exclusively use solvent 
where the volume fraction of each HAP comprises 1 percent or less by 
volume of the solvent (low-HAP solvent) in each delivery, and you must 
meet the requirements in paragraphs (e)(1) through (5) of this section. 
Your vegetable oil production process is not subject to the requirements 
in Sec. Sec. 63.2850 through 63.2870 unless specifically referenced in 
paragraphs (e)(1) through (5) of this section.
    (1) You shall determine the HAP content of your solvent in 
accordance with the specifications in Sec. 63.2854(b)(1).
    (2) You shall maintain documentation of the HAP content 
determination for each delivery of the solvent at the facility at all 
times.
    (3) You must submit an initial notification for existing sources in 
accordance with Sec. 63.2860(a).
    (4) You must submit an initial notification for new and 
reconstructed sources in accordance with Sec. 63.2860(b).
    (5) You must submit an annual compliance certification in accordance 
with Sec. 63.2861(a). The certification should only include the 
information required under Sec. 63.2861(a)(1) and (2), and a 
certification indicating whether the source complied with all of the 
requirements in paragraph (e) of this section.
    (f) You may change compliance options for your source if you submit 
a notice to the Administrator at least 60 days prior to changing 
compliance options. If your source changes from the low-HAP solvent 
option to the compliance ratio determination option, you must determine 
the compliance ratio for the most recent 12 operating months beginning 
with the first month after changing compliance options.
    (g) On or after September 15, 2020, you must operate and maintain 
any affected source, including associated air pollution control 
equipment and monitoring equipment, at all times 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.
    (h) On and after September 15, 2020, you must meet the requirements 
in paragraphs (h)(1) through (3) of this section if you choose to 
operate your source under an initial startup period subject to Sec. 
63.2850(c)(2) or (d)(2).
    (1) You must operate the mineral oil absorption system at all times 
during the initial startup period unless doing so is not possible due to 
safety considerations;
    (2) You must operate the solvent condensers at all times during the 
initial startup period unless doing so is not

[[Page 513]]

possible due to safety considerations; and
    (3) You must follow site-specific operating limits, established 
according to the requirements in paragraphs (h)(3)(i) and (ii) of this 
section, for temperature and pressure for the desolventizing and oil 
distillation units associated with solvent recovery at all times, unless 
doing so is not possible due to safety considerations.
    (i) Your site-specific operating limits may be based on equipment 
design, manufacturer's recommendations, or other site-specific operating 
values established for normal operating periods.
    (ii) The operating limits may be in the form of a minimum, maximum, 
or operating range.

[66 FR 19011, Apr. 12, 2001, as amended at 69 FR 53341, Sept. 1, 2004; 
85 FR 15626, Mar. 18, 2020]

                         Compliance Requirements



Sec. 63.2850  How do I comply with the hazardous air pollutant emission standards?

    (a) General requirements. The requirements in paragraphs (a)(1)(i) 
through (iv) of this section apply to all affected sources:
    (1) Submit the necessary notifications in accordance with Sec. 
63.2860, which include:
    (i) Initial notifications for existing sources.
    (ii) Initial notifications for new and reconstructed sources.
    (iii) Initial notifications for significant modifications to 
existing or new sources.
    (iv) Notification of compliance status.
    (2) Develop and implement a plan for demonstrating compliance in 
accordance with Sec. 63.2851.
    (3) Develop a written startup, shutdown and malfunction (SSM) plan 
in accordance with the provisions in Sec. 63.2852. On and after 
September 15, 2020, an SSM plan is not required.
    (4) Maintain all the necessary records you have used to demonstrate 
compliance with this subpart in accordance with Sec. 63.2862.
    (5) Submit the reports in paragraphs (a)(5)(i) through (iv) of this 
section, as applicable:
    (i) Annual compliance certifications in accordance with Sec. 
63.2861(a).
    (ii) Periodic SSM reports in accordance with Sec. 63.2861(c).
    (iii) Immediate SSM reports in accordance with Sec. 63.2861(d).
    (iv) Initial startup period reports in accordance with Sec. 
63.2861(e).
    (6) Submit all notifications and reports and maintain all records 
required by the General Provisions for performance testing if you add a 
control device that destroys solvent.
    (b) Existing sources under normal operation. You must meet all of 
the requirements listed in paragraph (a) of this section and Table 1 of 
this section for sources under normal operation, and the schedules for 
demonstrating compliance for existing sources under normal operation in 
Table 2 of this section.
    (c) New sources. Your new source, including a source that is 
categorized as new due to reconstruction, must meet the requirements 
associated with one of two compliance options. Within 15 days of the 
startup date, you must choose to comply with one of the options listed 
in paragraph (c)(1) or (2) of this section:
    (1) Normal operation. Upon initial startup of your new source, you 
must meet all of the requirements listed in Sec. 63.2850(a) and Table 1 
of this section for sources under normal operation, and the schedules 
for demonstrating compliance for new sources under normal operation in 
Table 2 of this section.
    (2) Initial startup period. For up to 6 calendar months after the 
startup date of your new source, you must meet all of the requirements 
listed in paragraph (a) of this section and Table 1 of this section for 
sources operating under an initial startup period, and the schedules for 
demonstrating compliance for new sources operating under an initial 
startup period in Table 2 of this section. On and after September 15, 
2020, you must also comply with the work practice standard in Sec. 
63.2840(h) for the duration of the initial startup period. At the end of 
the initial startup period (as defined in Sec. 63.2872), your new 
source must then meet all of the requirements listed in Table 1 of this 
section for sources under normal operation.

[[Page 514]]

    (d) Existing or new sources that have been significantly modified. 
Your existing or new source that has been significantly modified must 
meet the requirements associated with one of two compliance options. 
Within 15 days of the modified source startup date, you must choose to 
comply with one of the options listed in paragraph (d)(1) or (2) of this 
section:
    (1) Normal operation. Upon initial startup of your significantly 
modified existing or new source, you must meet all of the requirements 
listed in paragraph (a) of this section and Table 1 of this section for 
sources under normal operation, and the schedules for demonstrating 
compliance for an existing or new source that has been significantly 
modified in Table 2 of this section.
    (2) Initial startup period. For up to 3 calendar months after the 
startup date of your significantly modified existing or new source, you 
must meet all of the requirements listed in paragraph (a) of this 
section and Table 1 of this section for sources operating under an 
initial startup period, and the schedules for demonstrating compliance 
for a significantly modified existing or new source operating under an 
initial startup period in Table 2 of this section. On and after 
September 15, 2020, you must also comply with the work practice standard 
in Sec. 63.2840(h) for the duration of the initial startup period. At 
the end of the initial startup period (as defined in Sec. 63.2872), 
your new or existing source must meet all of the requirements listed in 
Table 1 of this section for sources under normal operation.
    (e) Existing or new sources experiencing a malfunction. A 
malfunction is defined in Sec. 63.2. In general, it means any sudden, 
infrequent, and not reasonably preventable failure of air pollution 
control equipment, process equipment, or a process to function in a 
normal or usual manner. If your existing or new source experiences an 
unscheduled shutdown as a result of a malfunction, continues to operate 
during a malfunction (including the period reasonably necessary to 
correct the malfunction), or starts up after a shutdown resulting from a 
malfunction, then you must meet the requirements associated with one of 
two compliance options. Routine or scheduled process startups and 
shutdowns resulting from, but not limited to, market demands, 
maintenance activities, and switching types of oilseed processed, are 
not startups or shutdowns resulting from a malfunction and, therefore, 
do not qualify for this provision. Within 15 days of the beginning date 
of the malfunction, you must choose to comply with one of the options 
listed in paragraphs (e)(1) and (2) of this section. The provisions of 
this paragraph (e) do not apply on and after September 15, 2020.
    (1) Normal operation. Your source must meet all of the requirements 
listed in paragraph (a) of this section and one of the options listed in 
paragraphs (e)(1)(i) through (iii) of this section:
    (i) Existing source normal operation requirements in paragraph (b) 
of this section.
    (ii) New source normal operation requirements in paragraph (c)(1) of 
this section.
    (iii) Normal operation requirements for sources that have been 
significantly modified in paragraph (d)(1) of this section.
    (2) Malfunction period. Throughout the malfunction period, you must 
meet all of the requirements listed in paragraph (a) of this section and 
Table 1 of this section for sources operating during a malfunction 
period. At the end of the malfunction period, your source must then meet 
all of the requirements listed in Table 1 of this section for sources 
under normal operation. Table 1 of this section follows:

[[Page 515]]



               Table 1 of Sec. 63.2850--Requirements for Compliance With HAP Emission Standards
----------------------------------------------------------------------------------------------------------------
                                                                                           Before September 15,
                                                                  For initial startup     2020, for malfunction
      Are you required to . . .         For periods of normal   periods subject to Sec. periods subject to Sec.
                                            operation? \a\           63.2850(c)(2) or        63.2850(e)(2)? \a\
                                                                        (d)(2)?
----------------------------------------------------------------------------------------------------------------
(a)(1) Operate and maintain your       Yes. Additionally, the   Yes, you are required    Yes, you are required
 source in accordance with general      HAP emission limits      to minimize emissions    to minimize emissions
 duty provisions of Sec. 63.6(e)      will apply.              to the extent            to the extent
 before September 15, 2020?.                                     practicable throughout   practicable throughout
                                                                 the initial startup      the initial startup
                                                                 period. Such measures    period. Such measures
                                                                 should be described in   should be described in
                                                                 the SSM plan.            the SSM plan.
(a)(2) Operate and maintain your       No, you must meet the    No, you must meet the
 source in accordance with general      requirements of Sec. requirements of Sec.
 duty provisions of Sec. 63.6(e) on   63.2840(g).              63.2840(g).
 and after September 15, 2020?.         Additionally, the HAP
                                        emission limits will
                                        apply.
(b) Determine and record the           Yes, as described in     Yes, as described in     Yes, as described in
 extraction solvent loss in gallons     Sec. 63.2853.          Sec. 63.2862(e)        Sec. 63.2862(e).
 from your source?.                                              (before September 15,
                                                                 2020) and Sec.
                                                                 63.2862(f) (on and
                                                                 after September 15,
                                                                 2020).
(c) Record the volume fraction of HAP  Yes....................  Yes....................  Yes.
 present at greater than 1 percent by
 volume and gallons of extraction
 solvent in shipment received?.
(d) Determine and record the tons of   Yes, as described in     No.....................  No.
 each oilseed type processed by your    Sec. 63.2855.
 source?.
(e) Determine the weighted average     Yes....................  No. Except for solvent   No, the HAP volume
 volume fraction of HAP in extraction                            received by a new or     fraction in any
 solvent received as described in                                reconstructed source     solvent received
 Sec. 63.2854 by the end of the                                commencing operation     during a malfunction
 following calendar month?.                                      under an initial         period is included in
                                                                 startup period, the      the weighted average
                                                                 HAP volume fraction in   HAP determination for
                                                                 any solvent received     the next operating
                                                                 during an initial        month.
                                                                 startup period is
                                                                 included in the
                                                                 weighted average HAP
                                                                 determination for the
                                                                 next operating month.
(f) Determine and record the actual    Yes....................  No, these requirements   No, these requirements
 solvent loss, weighted average                                  are not applicable       are not applicable
 volume fraction HAP, oilseed                                    because your source is   because your source is
 processed and compliance ratio for                              not required to          not required to
 each 12 operating month period as                               determine the            determine the
 described in Sec. 63.2840 by the                              compliance ratio with    compliance ratio with
 end of the following calendar month?.                           data recorded for an     data recorded for a
                                                                 initial startup period.  malfunction period.
(g) Submit a Notification of           Yes, as described in     No. However, you may be  No. However, you may be
 Compliance Status or Annual            Sec. Sec. required to submit an    required to submit an
 Compliance Certification as            63.2860(d) and           annual compliance        annual compliance
 appropriate?.                          63.2861(a).              certification for        certification for
                                                                 previous operating       previous operating
                                                                 months, if the           months, if the
                                                                 deadline for the         deadline for the
                                                                 annual compliance        annual compliance
                                                                 certification happens    certification happens
                                                                 to occur during the      to occur during the
                                                                 initial startup period.  malfunction period.
(h)(1) Submit a Deviation              Yes....................  No, these requirements   No, these requirements
 Notification Report by the end of                               are not applicable       are not applicable
 the calendar month following the                                because your source is   because your source is
 month in which you determined that                              not required to          not required to
 the compliance ratio exceeds 1.00 as                            determine the            determine the
 described in Sec. 63.2861(b)                                  compliance ratio with    compliance ratio with
 before September 15, 2020?.                                     data recorded for an     data recorded for a
                                                                 initial startup period.  malfunction period.
(h)(2) Submit a Deviation              Yes....................  Yes....................  No.
 Notification Report as described in
 Sec. 63.2861(b) on and after
 September 15, 2020?.
(i) Submit a Periodic SSM Report as    No, a SSM activity is    Yes, before September    Yes.
 described in Sec. 63.2861(c)?.       not categorized as       15, 2020.
                                        normal operation.

[[Page 516]]

 
(j) Submit an Immediate SSM Report as  No, a SSM activity is    Yes, only before         Yes, only if your
 described in Sec. 63.2861(d)?.       not categorized as       September 15, 2020 and   source does not follow
                                        normal operation.        if your source does      the SSM plan.
                                                                 not follow the SSM
                                                                 plan.
(k) Submit an Initial Startup Report   No.....................  Yes....................  No.
 as described in Sec. 63.2861(e) on
 and after September 15, 2020?.
----------------------------------------------------------------------------------------------------------------
\a\ Beginning on September 15, 2020, you must meet the requirements of this table for normal operating periods
  or for initial startup periods subject to Sec. 63.2850(c)(2) or (d)(2) at all times. The column ``For
  malfunction periods subject to Sec. 63.2850(e)(2)?'' is not applicable beginning on September 15, 2020.


     Table 2 of Sec. 63.2850--Schedules for Demonstrating Compliance Under Various Source Operating Modes
----------------------------------------------------------------------------------------------------------------
                                                                          You must determine
                                                                              your first        Base your first
                                   and is operating        then your       compliance ratio    compliance ratio
     If your source is . . .          under. . .         recordkeeping     by the end of the    on information
                                                         schedule. . .      calendar month       recorded. . .
                                                                            following. . .
----------------------------------------------------------------------------------------------------------------
(a) Existing....................  Normal operation..  Begins on the       The first 12        During the first
                                                       compliance date.    operating months    12 operating
                                                                           after the           months after the
                                                                           compliance date.    compliance date.
(b) New.........................  (1) Normal          Begins on the       The first 12        During the first
                                   operation.          startup date of     operating months    12 operating
                                                       your new source.    after the startup   months after the
                                                                           date of the new     startup date of
                                                                           source.             the new source.
                                  (2) An initial      Begins on the       The first 12        During the first
                                   startup period.     startup date of     operating months    12 operating
                                                       your new source.    after termination   months after the
                                                                           of the initial      initial startup
                                                                           startup period,     period, which can
                                                                           which can last      last for up to 6
                                                                           for up to 6         months.
                                                                           months.
(c) Existing or new that has      (1) Normal          Resumes on the      The first           During the
 been significantly modified.      operation.          startup date of     operating month     previous 11
                                                       the modified        after the startup   operating months
                                                       source.             date of the         prior to the
                                                                           modified source.    significant
                                                                                               modification and
                                                                                               the first
                                                                                               operating month
                                                                                               following the
                                                                                               initial startup
                                                                                               date of the
                                                                                               source.
                                  (2) An initial      Resumes on the      The first           During the 11
                                   startup period.     startup date of     operating month     operating months
                                                       the modified        after termination   before the
                                                       source.             of the initial      significant
                                                                           startup period,     modification and
                                                                           which can last up   the first
                                                                           to 3 months.        operating month
                                                                                               after the initial
                                                                                               startup period.
----------------------------------------------------------------------------------------------------------------


[66 FR 19011, Apr. 12, 2001, as amended at 71 FR 20463, Apr. 20, 2006; 
85 FR 15627, Mar. 18, 2020]



Sec. 63.2851  What is a plan for demonstrating compliance?

    (a) You must develop and implement a written plan for demonstrating 
compliance that provides the detailed procedures you will follow to 
monitor and record data necessary for demonstrating compliance with this 
subpart. Procedures followed for quantifying solvent loss from the 
source and amount of oilseed processed vary from source to source 
because of site-specific factors such as equipment design 
characteristics and operating conditions. Typical procedures include one 
or more accurate measurement methods such as weigh scales, volumetric 
displacement, and material mass balances. Because the industry does not 
have a uniform set of procedures, you

[[Page 517]]

must develop and implement your own site-specific plan for demonstrating 
compliance before the compliance date for your source. You must also 
incorporate the plan for demonstrating compliance by reference in the 
source's title V permit and keep the plan on-site and readily available 
as long as the source is operational. If you make any changes to the 
plan for demonstrating compliance, then you must keep all previous 
versions of the plan and make them readily available for inspection for 
at least 5 years after each revision. The plan for demonstrating 
compliance must include the items in paragraphs (a)(1) through (8) of 
this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the vegetable oil production process.
    (3) A detailed description of all methods of measurement your source 
will use to determine your solvent losses, HAP content of solvent, and 
the tons of each type of oilseed processed.
    (4) When each measurement will be made.
    (5) Examples of each calculation you will use to determine your 
compliance status. Include examples of how you will convert data 
measured with one parameter to other terms for use in compliance 
determination.
    (6) Example logs of how data will be recorded.
    (7) A plan to ensure that the data continue to meet compliance 
demonstration needs.
    (8) On and after September 15, 2020, if you choose to operate your 
source under an initial start-up period subject to Sec. 63.2850(c)(2) 
or (d)(2), the items in paragraphs (c)(8)(i) and (ii) of this section:
    (i) Your site-specific operating limits, and their basis, for 
temperature and pressure for the desolventizing and oil distillation 
units associated with solvent recovery.
    (ii) A detailed description of all methods of measurement your 
source will use to measure temperature and pressure, including the 
measurement frequency.
    (b) The responsible agency of these NESHAP may require you to revise 
your plan for demonstrating compliance. The responsible agency may 
require reasonable revisions if the procedures lack detail, are 
inconsistent or do not accurately determine solvent loss, HAP content of 
the solvent, or the tons of oilseed processed.

[66 FR 19011, Apr. 12, 2001, as amended at 85 FR 15629, Mar. 18, 2020]



Sec. 63.2852  What is a startup, shutdown, and malfunction plan?

    Before September 15, 2020, you must develop a written SSM plan in 
accordance with Sec. 63.6(e)(3). You must complete the SSM plan before 
the compliance date for your source. You must also keep the SSM plan on-
site and readily available as long as the source is operational. The SSM 
plan provides detailed procedures for operating and maintaining your 
source to minimize emissions during a qualifying SSM event for which the 
source chooses the Sec. 63.2850(e)(2) malfunction period, or the Sec. 
63.2850(c)(2) or (d)(2) initial startup period. The SSM plan must 
specify a program of corrective action for malfunctioning process and 
air pollution control equipment and reflect the best practices now in 
use by the industry to minimize emissions. Some or all of the procedures 
may come from plans you developed for other purposes such as a Standard 
Operating Procedure manual or an Occupational Safety and Health 
Administration Process Safety Management plan. To qualify as a SSM plan, 
other such plans must meet all the applicable requirements of these 
NESHAP. The provisions of this section do not apply on and after 
September 15, 2020.

[85 FR 15629, Mar. 18, 2020]



Sec. 63.2853  How do I determine the actual solvent loss?

    By the end of each calendar month following an operating month, you 
must determine the total solvent loss in gallons for the previous 
operating month. The total solvent loss for an operating month includes 
all solvent losses that occur during normal operating periods within the 
operating month. If you have determined solvent losses for 12 or more 
operating months, then you must also determine the 12 operating months 
rolling sum of actual solvent loss in gallons by summing the

[[Page 518]]

monthly actual solvent loss for the previous 12 operating months. The 12 
operating months rolling sum of solvent loss is the ``actual solvent 
loss,'' which is used to calculate your compliance ratio as described in 
Sec. 63.2840.
    (a) To determine the actual solvent loss from your source, follow 
the procedures in your plan for demonstrating compliance to determine 
the items in paragraphs (a)(1) through (7) of this section:
    (1) The dates that define each operating status period during a 
calendar month. The dates that define each operating status period 
include the beginning date of each calendar month and the date of any 
change in the source operating status. If the source maintains the same 
operating status during an entire calendar month, these dates are the 
beginning and ending dates of the calendar month. If, prior to the 
effective date of this rule, your source determines the solvent loss on 
an accounting month, as defined in Sec. 63.2872, rather than a calendar 
month basis, and you have 12 complete accounting months of approximately 
equal duration in a calendar year, you may substitute the accounting 
month time interval for the calendar month time interval. If you choose 
to use an accounting month rather than a calendar month, you must 
document this measurement frequency selection in your plan for 
demonstrating compliance, and you must remain on this schedule unless 
you request and receive written approval from the agency responsible for 
these NESHAP.
    (2) Source operating status. You must categorize the operating 
status of your source for each recorded time interval in accordance with 
criteria in Table 1 or Table 2 of this section, as follows:

   Table 1 of Sec. 63.2853(a)(2)--Categorizing Your Source Operating
                    Status Before September 15, 2020
------------------------------------------------------------------------
                                             then your source operating
 If during a recorded time interval . . .         status is . . .
------------------------------------------------------------------------
(i) Your source processes any amount of    A normal operating period.
 listed oilseed and source is not
 operating under an initial startup
 operating period or a malfunction period
 subject to Sec. 63.2850(c)(2), (d)(2),
 or (e)(2).
(ii) Your source processes no              A nonoperating period.
 agricultural product and your source is
 not operating under an initial startup
 period or malfunction period subject to
 Sec. 63.2850(c)(2), (d)(2), or (e)(2).
(iii) You choose to operate your source    An initial startup period.
 under an initial startup period subject
 to Sec. 63.2850(c)(2) or (d)(2).
(iv) You choose to operate your source     A malfunction period.
 under a malfunction period subject to
 Sec. 63.2850(e)(2).
(v) Your source processes agricultural     An exempt period.
 products not defined as listed oilseed.
------------------------------------------------------------------------


   Table 2 of Sec. 63.2853(a)(2)--Categorizing Your Source Operating
                 Status On and After September 15, 2020
------------------------------------------------------------------------
                                             Then your source operating
 If during a recorded time interval . . .         status is . . .
------------------------------------------------------------------------
(vi) Your source processes any amount of   A normal operating period.
 listed oilseed and source is not
 operating under an initial startup
 operating period subject to Sec.
 63.2850(c)(2) or (d)(2).
(vii) Your source processes no             A nonoperating period.
 agricultural product and your source is
 not operating under an initial startup
 period subject to Sec. 63.2850(c)(2)
 or (d)(2).
(viii) You choose to operate your source   An initial startup period.
 under an initial startup period subject
 to Sec. 63.2850(c)(2) or (d)(2).
(ix) Your source processes agricultural    An exempt period.
 products not defined as listed oilseed.
------------------------------------------------------------------------

    (3) Measuring the beginning and ending solvent inventory. You are 
required to measure and record the solvent inventory on the beginning 
and ending dates of each normal operating period that occurs during an 
operating month. You must consistently follow the procedures described 
in your plan for demonstrating compliance, as specified in Sec. 
63.2851, to determine the extraction

[[Page 519]]

solvent inventory, and maintain readily available records of the actual 
solvent loss inventory, as described in Sec. 63.2862(c)(1). In general, 
you must measure and record the solvent inventory only when the source 
is actively processing any type of agricultural product. When the source 
is not active, some or all of the solvent working capacity is 
transferred to solvent storage tanks which can artificially inflate the 
solvent inventory.
    (4) Gallons of extraction solvent received. Record the total gallons 
of extraction solvent received in each shipment. For most processes, the 
gallons of solvent received represents purchases of delivered solvent 
added to the solvent storage inventory. However, if your process refines 
additional vegetable oil from off-site sources, recovers solvent from 
the off-site oil, and adds it to the on-site solvent inventory, then you 
must determine the quantity of recovered solvent and include it in the 
gallons of extraction solvent received.
    (5) Solvent inventory adjustments. In some situations, solvent 
losses determined directly from the measured solvent inventory and 
quantity of solvent received is not an accurate estimate of the ``actual 
solvent loss'' for use in determining compliance ratios. In such cases, 
you may adjust the total solvent loss for each normal operating period 
as long as you provide a reasonable justification for the adjustment. 
Situations that may require adjustments of the total solvent loss 
include, but are not limited to, situations in paragraphs (a)(5)(i) and 
(ii) of this section:
    (i) Solvent destroyed in a control device. You may use a control 
device to reduce solvent emissions to meet the emission standard. The 
use of a control device does not alter the emission limit for the 
source. If you use a control device that reduces solvent emissions 
through destruction of the solvent instead of recovery, then determine 
the gallons of solvent that enter the control device and are destroyed 
there during each normal operating period. All solvent destroyed in a 
control device during a normal operating period can be subtracted from 
the total solvent loss. Examples of destructive emission control devices 
include catalytic incinerators, boilers, or flares. Identify and 
describe, in your plan for demonstrating compliance, each type of 
reasonable and sound measurement method that you use to quantify the 
gallons of solvent entering and exiting the control device and to 
determine the destruction efficiency of the control device. You may use 
design evaluations to document the gallons of solvent destroyed or 
removed by the control device instead of performance testing under Sec. 
63.7. The design evaluations must be based on the procedures and options 
described in Sec. 63.985(b)(1)(i)(A) through (C) or Sec. 63.11, as 
appropriate. All data, assumptions, and procedures used in such 
evaluations must be documented and available for inspection. If you use 
performance testing to determine solvent flow rate to the control device 
or destruction efficiency of the device, follow the procedures as 
outlined in Sec. 63.997(e)(1) and (2) and the requirements in paragraph 
(a)(5)(i)(A) of this section. Instead of periodic performance testing to 
demonstrate continued good operation of the control device, you may 
develop a monitoring plan, following the procedures outlined in Sec. 
63.988(c) and using operational parametric measurement devices such as 
fan parameters, percent measurements of lower explosive limits, and 
combustion temperature.
    (A) On or after September 15, 2020, you must conduct all performance 
tests 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 unless specified by the Administrator. 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) [Reserved]
    (ii) Changes in solvent working capacity. In records you keep on-
site,

[[Page 520]]

document any process modifications resulting in changes to the solvent 
working capacity in your vegetable oil production process. Solvent 
working capacity is defined in Sec. 63.2872. In general, solvent 
working capacity is the volume of solvent normally retained in solvent 
recovery equipment such as the extractor, desolventizer-toaster, solvent 
storage, working tanks, mineral oil absorber, condensers, and oil/
solvent distillation system. If the change occurs during a normal 
operating period, you must determine the difference in working solvent 
volume and make a one-time documented adjustment to the solvent 
inventory.
    (b) Use Equation 1 of this section to determine the actual solvent 
loss occurring from your affected source for all normal operating 
periods recorded within a calendar month. Equation 1 of this section 
follows:
[GRAPHIC] [TIFF OMITTED] TR12AP01.003

Where:

SOLVB = Gallons of solvent in the inventory at the beginning 
          of normal operating period ``i'' as determined in paragraph 
          (a)(3) of this section.
SOLVE = Gallons of solvent in the inventory at the end of 
          normal operating period ``i'' as determined in paragraph 
          (a)(3) of this section.
SOLVR = Gallons of solvent received between the beginning and 
          ending inventory dates of normal operating period ``i'' as 
          determined in paragraph (a)(4) of this section.
SOLVA = Gallons of solvent added or removed from the 
          extraction solvent inventory during normal operating period 
          ``i'' as determined in paragraph (a)(5) of this section.
n = Number of normal operating periods in a calendar month.

    (c) The actual solvent loss is the total solvent losses during 
normal operating periods for the previous 12 operating months. You 
determine your actual solvent loss by summing the monthly actual solvent 
losses for the previous 12 operating months. You must record the actual 
solvent loss by the end of each calendar month following an operating 
month. Use the actual solvent loss in Equation 2 of Sec. 63.2840 to 
determine the compliance ratio. Actual solvent loss does not include 
losses that occur during operating status periods listed in paragraphs 
(c)(1) through (4) of this section. If any one of these four operating 
status periods span an entire month, then the month is treated as 
nonoperating and there is no compliance ratio determination.
    (1) Nonoperating periods as described in paragraph (a)(2) of this 
section.
    (2) Initial startup periods as described in Sec. 63.2850(c)(2) or 
(d)(2).
    (3) Before September 15, 2020, malfunction periods as described in 
Sec. 63.2850(e)(2).
    (4) Exempt operation periods as described in paragraph (a)(2) of 
this section.

[66 FR 19011, Apr. 12, 2001, as amended at 85 FR 15629, Mar. 18, 2020]



Sec. 63.2854  How do I determine the weighted average volume fraction of HAP in the actual solvent loss?

    (a) This section describes the information and procedures you must 
use to determine the weighted average volume fraction of HAP in 
extraction solvent received for use in your vegetable oil production 
process. By the end of each calendar month following an operating month, 
determine the weighted average volume fraction of HAP in extraction 
solvent received since the end of the previous operating month. If you 
have determined the monthly weighted average volume fraction of HAP in 
solvent received for 12 or more operating months, then also determine an 
overall weighted average volume fraction of HAP in solvent received for 
the previous 12 operating months. Use the volume fraction of HAP 
determined as a 12 operating months weighted average in

[[Page 521]]

Equation 2 of Sec. 63.2840 to determine the compliance ratio.
    (b) To determine the volume fraction of HAP in the extraction 
solvent determined as a 12 operating months weighted average, you must 
comply with paragraphs (b)(1) through (3) of this section:
    (1) Record the volume fraction of each HAP comprising more than 1 
percent by volume of the solvent in each delivery of solvent, including 
solvent recovered from off-site oil. To determine the HAP content of the 
material in each delivery of solvent, the reference method is EPA Method 
311 of appendix A of this part. You may use EPA Method 311, an approved 
alternative method, or any other reasonable means for determining the 
HAP content. Other reasonable means of determining HAP content include, 
but are not limited to, a material safety data sheet or a manufacturer's 
certificate of analysis. A certificate of analysis is a legal and 
binding document provided by a solvent manufacturer. The purpose of a 
certificate of analysis is to list the test methods and analytical 
results that determine chemical properties of the solvent and the volume 
percentage of all HAP components present in the solvent at quantities 
greater than 1 percent by volume. You are not required to test the 
materials that you use, but the Administrator may require a test using 
EPA Method 311 (or an approved alternative method) to confirm the 
reported HAP content. However, if the results of an analysis by EPA 
Method 311 are different from the HAP content determined by another 
means, the EPA Method 311 results will govern compliance determinations.
    (2) Determine the weighted average volume fraction of HAP in the 
extraction solvent each operating month. The weighted average volume 
fraction of HAP for an operating month includes all solvent received 
since the end of the last operating month, regardless of the operating 
status at the time of the delivery. Determine the monthly weighted 
average volume fraction of HAP by summing the products of the HAP volume 
fraction of each delivery and the volume of each delivery and dividing 
the sum by the total volume of all deliveries as expressed in Equation 1 
of this section. Record the result by the end of each calendar month 
following an operating month. Equation 1 of this section follows:
[GRAPHIC] [TIFF OMITTED] TR12AP01.004

Where:

Receivedi = Gallons of extraction solvent received in 
          delivery ``i.''
Contenti = The volume fraction of HAP in extraction solvent 
          delivery ``i.''
Total Received = Total gallons of extraction solvent received since the 
          end of the previous operating month.
n = Number of extraction solvent deliveries since the end of the 
          previous operating month.

    (3) Determine the volume fraction of HAP in your extraction solvent 
as a 12 operating months weighted average. When your source has 
processed oilseed for 12 operating months, sum the products of the 
monthly weighted average HAP volume fraction and corresponding volume of 
solvent received, and divide the sum by the total volume of solvent 
received for the 12 operating months, as expressed by Equation 2 of this 
section. Record the result by the end of each calendar month following 
an operating month and use it in Equation 2 of Sec. 63.2840 to 
determine the compliance ratio. Equation 2 of this section follows:

[[Page 522]]

[GRAPHIC] [TIFF OMITTED] TR12AP01.005

Where:

Receivedi = Gallons of extraction solvent received in 
          operating month ``i'' as determined in accordance with Sec. 
          63.2853(a)(4).
Contenti = Average volume fraction of HAP in extraction 
          solvent received in operating month ``i'' as determined in 
          accordance with paragraph (b)(1) of this section.
Total Received = Total gallons of extraction solvent received during the 
          previous 12 operating months.



Sec. 63.2855  How do I determine the quantity of oilseed processed?

    All oilseed measurements must be determined on an as received basis, 
as defined in Sec. 63.2872. The as received basis refers to the oilseed 
chemical and physical characteristics as initially received by the 
source and prior to any oilseed handling and processing. By the end of 
each calendar month following an operating month, you must determine the 
tons as received of each listed oilseed processed for the operating 
month. The total oilseed processed for an operating month includes the 
total of each oilseed processed during all normal operating periods that 
occur within the operating month. If you have determined the tons of 
oilseed processed for 12 or more operating months, then you must also 
determine the 12 operating months rolling sum of each type oilseed 
processed by summing the tons of each type of oilseed processed for the 
previous 12 operating months. The 12 operating months rolling sum of 
each type of oilseed processed is used to calculate the compliance ratio 
as described in Sec. 63.2840.
    (a) To determine the tons as received of each type of oilseed 
processed at your source, follow the procedures in your plan for 
demonstrating compliance to determine the items in paragraphs (a)(1) 
through (5) of this section:
    (1) The dates that define each operating status period. The dates 
that define each operating status period include the beginning date of 
each calendar month and the date of any change in the source operating 
status. If, prior to the effective date of this rule, your source 
determines the oilseed inventory on an accounting month rather than a 
calendar month basis, and you have 12 complete accounting months of 
approximately equal duration in a calendar year, you may substitute the 
accounting month time interval for the calendar month time interval. If 
you choose to use an accounting month rather than a calendar month, you 
must document this measurement frequency selection in your plan for 
demonstrating compliance, and you must remain on this schedule unless 
you request and receive written approval from the agency responsible for 
these NESHAP. The dates on each oilseed inventory log must be consistent 
with the dates recorded for the solvent inventory.
    (2) Source operating status. You must categorize the source 
operation for each recorded time interval. The source operating status 
for each time interval recorded on the oilseed inventory for each type 
of oilseed must be consistent with the operating status recorded on the 
solvent inventory logs as described in Sec. 63.2853(a)(2).
    (3) Measuring the beginning and ending inventory for each oilseed. 
You are required to measure and record the oilseed inventory on the 
beginning and ending dates of each normal operating period that occurs 
during an operating month. You must consistently follow the procedures 
described in your plan for demonstrating compliance, as specified in 
Sec. 63.2851, to determine the oilseed inventory on an as received 
basis and maintain readily available records of the oilseed inventory as 
described by Sec. 63.2862(c)(3).
    (4) Tons of each oilseed received. Record the type of oilseed and 
tons of each shipment of oilseed received and added to your on-site 
storage.

[[Page 523]]

    (5) Oilseed inventory adjustments. In some situations, determining 
the quantity of oilseed processed directly from the measured oilseed 
inventory and quantity of oilseed received is not an accurate estimate 
of the tons of oilseed processed for use in determining compliance 
ratios. For example, spoiled and molded oilseed removed from storage but 
not processed by your source will result in an overestimate of the 
quantity of oilseed processed. In such cases, you must adjust the 
oilseed inventory and provide a justification for the adjustment. 
Situations that may require oilseed inventory adjustments include, but 
are not limited to, the situations listed in paragraphs (a)(5)(i) 
through (v) of this section:
    (i) Oilseed that molds or otherwise become unsuitable for 
processing.
    (ii) Oilseed you sell before it enters the processing operation.
    (iii) Oilseed destroyed by an event such as a process malfunction, 
fire, or natural disaster.
    (iv) Oilseed processed through operations prior to solvent 
extraction such as screening, dehulling, cracking, drying, and 
conditioning; but that are not routed to the solvent extractor for 
further processing.
    (v) Periodic physical measurements of inventory. For example, some 
sources periodically empty oilseed storage silos to physically measure 
the current oilseed inventory. This periodic measurement procedure 
typically results in a small inventory correction. The correction 
factor, usually less than 1 percent, may be used to make an adjustment 
to the source's oilseed inventory that was estimated previously with 
indirect measurement techniques. To make this adjustment, your plan for 
demonstrating compliance must provide for such an adjustment.
    (b) Use Equation 1 of this section to determine the quantity of each 
oilseed type processed at your affected source during normal operating 
periods recorded within a calendar month. Equation 1 of this section 
follows:
[GRAPHIC] [TIFF OMITTED] TR12AP01.000

Where:

SEEDB = Tons of oilseed in the inventory at the beginning of 
          normal operating period ``i'' as determined in accordance with 
          paragraph (a)(3) of this section.
SEEDE = Tons of oilseed in the inventory at the end of normal 
          operating period ``i'' as determined in accordance with 
          paragraph (a)(3) of this section.
SEEDR = Tons of oilseed received during normal operating 
          period ``i'' as determined in accordance with paragraph (a)(4) 
          of this section.
SEEDA = Tons of oilseed added or removed from the oilseed 
          inventory during normal operating period ``i'' as determined 
          in accordance with paragraph (a)(5) of this section.
n = Number of normal operating periods in the calendar month during 
          which this type oilseed was processed.

    (c) The quantity of each oilseed processed is the total tons of each 
type of listed oilseed processed during normal operating periods in the 
previous 12 operating months. You determine the tons of each oilseed 
processed by summing the monthly quantity of each oilseed processed for 
the previous 12 operating months. You must record the 12 operating 
months quantity of each type of oilseed processed by the end of each 
calendar month following an operating month. Use the 12 operating months 
quantity of each type of oilseed processed to determine the compliance 
ratio as described in Sec. 63.2840. The quantity of oilseed processed 
does not include oilseed processed during the operating status periods 
in paragraphs (c)(1) through (4) of this section:
    (1) Nonoperating periods as described in Sec. 63.2853 (a)(2)(ii).
    (2) Initial startup periods as described in Sec. 63.2850(c)(2) or 
(d)(2).
    (3) Before September 15, 2020, malfunction periods as described in 
Sec. 63.2850(e)(2).
    (4) Exempt operation periods as described in Sec. 63.2853 
(a)(2)(v).

[[Page 524]]

    (5) If any one of these four operating status periods span an entire 
calendar month, then the calendar month is treated as a nonoperating 
month and there is no compliance ratio determination.

[66 FR 19011, Apr. 12, 2001, as amended at 85 FR 15630, Mar. 18, 2020]

                   Notifications, Reports, and Records



Sec. 63.2860  What notifications must I submit and when?

    You must submit the one-time notifications listed in paragraphs (a) 
through (d) of this section to the responsible agency:
    (a) Initial notification for existing sources. For an existing 
source, submit an initial notification to the agency responsible for 
these NESHAP no later than 120 days after the effective date of this 
subpart, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later. In the notification, include the items 
in paragraphs (a)(1) through (5) of this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the vegetable oil production process.
    (3) Identification of the relevant standard, such as the vegetable 
oil production NESHAP, and compliance date.
    (4) A brief description of the source including the types of listed 
oilseeds processed, nominal operating capacity, and type of 
desolventizer(s) used.
    (5) A statement designating the source as a major source of HAP or a 
demonstration that the source meets the definition of an area source. An 
area source is a source that is not a major source and is not collocated 
within a plant site with other sources that are individually or 
collectively a major source.
    (b) Initial notifications for new and reconstructed sources. New or 
reconstructed sources must submit a series of notifications before, 
during, and after source construction per the schedule listed in Sec. 
63.9. The information requirements for the notifications are the same as 
those listed in the General Provisions with the exceptions listed in 
paragraphs (b)(1) and (2) of this section:
    (1) The application for approval of construction does not require 
the specific HAP emission data required in Sec. 63.5(d)(1)(ii)(H) and 
(iii), (d)(2) and (d)(3)(ii). The application for approval of 
construction would include, instead, a brief description of the source 
including the types of listed oilseeds processed, nominal operating 
capacity, and type of desolventizer(s) used.
    (2) The notification of actual startup date must also include 
whether you have elected to operate under an initial startup period 
subject to Sec. 63.2850(c)(2) and provide an estimate and justification 
for the anticipated duration of the initial startup period.
    (c) Significant modification notifications. Any existing or new 
source that plans to undergo a significant modification as defined in 
Sec. 63.2872 must submit two reports as described in paragraphs (c)(1) 
and (2) of this section:
    (1) Initial notification. You must submit an initial notification to 
the agency responsible for these NESHAP 30 days prior to initial startup 
of the significantly modified source. The initial notification must 
demonstrate that the proposed changes qualify as a significant 
modification. The initial notification must include the items in 
paragraphs (c)(1)(i) and (ii) of this section:
    (i) The expected startup date of the modified source.
    (ii) A description of the significant modification including a list 
of the equipment that will be replaced or modified. If the significant 
modification involves changes other than adding or replacing extractors, 
desolventizer-toasters (conventional and specialty), and meal dryer-
coolers, then you must also include the fixed capital cost of the new 
components, expressed as a percentage of the fixed capital cost to build 
a comparable new vegetable oil production process; supporting 
documentation for the cost estimate; and documentation that the proposed 
changes will significantly affect solvent losses.
    (2) Notification of actual startup. You must submit a notification 
of actual startup date within 15 days after initial startup of the 
modified source. The notification must include the items in paragraphs 
(c)(2)(i) through (iv) of this section:

[[Page 525]]

    (i) The initial startup date of the modified source.
    (ii) An indication whether you have elected to operate under an 
initial startup period subject to Sec. 63.2850(d)(2).
    (iii) The anticipated duration of any initial startup period.
    (iv) A justification for the anticipated duration of any initial 
startup period.
    (d) Notification of compliance status. As an existing, new, or 
reconstructed source, you must submit a notification of compliance 
status report to the responsible agency no later than 60 days after 
determining your initial 12 operating months compliance ratio. If you 
are an existing source, you generally must submit this notification no 
later than 50 calendar months after the effective date of these NESHAP 
(36 calendar months for compliance, 12 operating months to record data, 
and 2 calendar months to complete the report). If you are a new or 
reconstructed source, the notification of compliance status is generally 
due no later than 20 calendar months after initial startup (6 calendar 
months for the initial startup period, 12 operating months to record 
data, and 2 calendar months to complete the report). The notification of 
compliance status must contain the items in paragraphs (d)(1) through 
(6) of this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the vegetable oil production process.
    (3) Each listed oilseed type processed during the previous 12 
operating months.
    (4) Each HAP identified under Sec. 63.2854(a) as being present in 
concentrations greater than 1 percent by volume in each delivery of 
solvent received during the 12 operating months period used for the 
initial compliance determination.
    (5) A statement designating the source as a major source of HAP or a 
demonstration that the source qualifies as an area source. An area 
source is a source that is not a major source and is not collocated 
within a plant site with other sources that are individually or 
collectively a major source.
    (6) A compliance certification indicating whether the source 
complied with all of the requirements of this subpart throughout the 12 
operating months used for the initial source compliance determination. 
This certification must include a certification of the items in 
paragraphs (d)(6)(i) through (iii) of this section:
    (i) The plan for demonstrating compliance (as described in Sec. 
63.2851) and SSM plan (as described in Sec. 63.2852) are complete and 
available on-site for inspection.
    (ii) You are following the procedures described in the plan for 
demonstrating compliance.
    (iii) The compliance ratio is less than or equal to 1.00.

[66 FR 19011, Apr. 12, 2001, as amended at 85 FR 73904, Nov. 19, 2020]



Sec. 63.2861  What reports must I submit and when?

    After the initial notifications, you must submit the reports in 
paragraphs (a) through (d) of this section to the agency responsible for 
these NESHAP at the appropriate time intervals:
    (a) Annual compliance certifications. The first annual compliance 
certification is due 12 calendar months after you submit the 
notification of compliance status. Each subsequent annual compliance 
certification is due 12 calendar months after the previous annual 
compliance certification. The annual compliance certification provides 
the compliance status for each operating month during the 12 calendar 
months period ending 60 days prior to the date on which the report is 
due. Include the information in paragraphs (a)(1) through (6) of this 
section in the annual certification:
    (1) The name and address of the owner or operator.
    (2) The physical address of the vegetable oil production process.
    (3) Each listed oilseed type processed during the 12 calendar months 
period covered by the report.
    (4) Each HAP identified under Sec. 63.2854(a) as being present in 
concentrations greater than 1 percent by volume in each delivery of 
solvent received during the 12 calendar months period covered by the 
report.
    (5) A statement designating the source as a major source of HAP or a

[[Page 526]]

demonstration that the source qualifies as an area source. An area 
source is a source that is not a major source and is not collocated 
within a plant site with other sources that are individually or 
collectively a major source.
    (6) A compliance certification to indicate whether the source was in 
compliance for each compliance determination made during the 12 calendar 
months period covered by the report. For each such compliance 
determination, you must include a certification of the items in 
paragraphs (a)(6)(i) through (ii) of this section:
    (i) You are following the procedures described in the plan for 
demonstrating compliance.
    (ii) The compliance ratio is less than or equal to 1.00.
    (b) Deviation notification report. Submit a deviation report for 
each compliance determination you make in which the compliance ratio 
exceeds 1.00 as determined under Sec. 63.2840(c) or if you deviate from 
the work practice standard for an initial startup period subject to 
Sec. 63.2850(c)(2) or (d)(2). Submit the deviation report by the end of 
the month following the calendar month in which you determined the 
deviation. The deviation notification report must include the items in 
paragraphs (b)(1) through (7) of this section if you exceed the 
compliance ratio, and must include the items in paragraphs (b)(1), (2), 
and (5) through (8) of this section if you deviate from the work 
practice standard:
    (1) The name and address of the owner or operator.
    (2) The physical address of the vegetable oil production process.
    (3) Each listed oilseed type processed during the 12 operating 
months period for which you determined the deviation.
    (4) The compliance ratio comprising the deviation. You may reduce 
the frequency of submittal of the deviation notification report if the 
agency responsible for these NESHAP does not object as provided in Sec. 
63.10(e)(3)(iii).
    (5) Beginning on September 15, 2020, the number of deviations and 
for each deviation the date and duration of each deviation. Flag and 
provide an explanation for any deviation from the compliance ratio for 
which a deviation report is being submitted for more than one 
consecutive month (i.e., include a reference to the original date and 
reporting of the deviation). If the explanation provides that corrective 
actions have returned the affected unit(s) to its normal operation, you 
are not required to include the items in paragraphs (b)(6) and (7) of 
this section.
    (6) Beginning on September 15, 2020, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (7) Beginning on September 15, 2020, for each deviation, a list of 
the affected sources or equipment, an estimate of the quantity of HAP 
emitted over the emission requirements of Sec. 63.2840, and a 
description of the method used to estimate the emissions.
    (8) A description of the deviation from the work practice standard 
during the initial startup period, including the records of Sec. 
63.2862(f) for the deviation.
    (c) Periodic startup, shutdown, and malfunction report. Before 
September 15, 2020, if you choose to operate your source under an 
initial startup period subject to Sec. 63.2850(c)(2) or (d)(2) or a 
malfunction period subject to Sec. 63.2850(e)(2), you must submit a 
periodic SSM report by the end of the calendar month following each 
month in which the initial startup period or malfunction period 
occurred. The periodic SSM report must include the items in paragraphs 
(c)(1) through (3) of this section. The provisions of this paragraph (c) 
do not apply on and after September 15, 2020.
    (1) The name, title, and signature of a source's responsible 
official who is certifying that the report accurately states that all 
actions taken during the initial startup or malfunction period were 
consistent with the SSM plan.
    (2) A description of events occurring during the time period, the 
date and duration of the events, and reason the time interval qualifies 
as an initial startup period or malfunction period.
    (3) An estimate of the solvent loss during the initial startup or 
malfunction period with supporting documentation.
    (d) Immediate SSM reports. Before September 15, 2020, if you handle 
a SSM during an initial startup period subject

[[Page 527]]

to Sec. 63.2850(c)(2) or (d)(2) or a malfunction period subject to 
Sec. 63.2850(e)(2) differently from procedures in the SSM plan and the 
relevant emission requirements in Sec. 63.2840 are exceeded, then you 
must submit an immediate SSM report. Immediate SSM reports consist of a 
telephone call or facsimile transmission to the responsible agency 
within 2 working days after starting actions inconsistent with the SSM 
plan, followed by a letter within 7 working days after the end of the 
event. The letter must include the items in paragraphs (d)(1) through 
(3) of this section. The provisions of this paragraph (d) do not apply 
on and after September 15, 2020.
    (1) The name, title, and signature of a source's responsible 
official who is certifying the accuracy of the report, an explanation of 
the event, and the reasons for not following the SSM plan.
    (2) A description and date of the SSM event, its duration, and 
reason it qualifies as a SSM.
    (3) An estimate of the solvent loss for the duration of the SSM 
event with supporting documentation.
    (e) Initial startup period reports. If you choose to operate your 
source under an initial startup period subject to Sec. 63.2850(c)(2) or 
(d)(2) on and after September 15, 2020, you must submit an initial 
startup period report within 30 days after the initial startup period 
ends. The report must include the items in paragraphs (e)(1) through (3) 
of this section.
    (1) The name and address of the owner or operator.
    (2) The physical address of the vegetable oil production process.
    (3) A compliance certification indicating whether the source was in 
compliance with the work practice standard of Sec. 63.2840(h).
    (f) Performance tests. On and after September 15, 2020, if you 
conduct performance tests to determine solvent flow rate to a control 
device or destruction efficiency of a control device according to the 
requirements of Sec. 63.2853(a)(5)(i), within 60 days after the date of 
completing each performance test, you must submit the results of the 
performance test following the procedures specified in paragraphs (f)(1) 
and (2) 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 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 EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim some of 
the information submitted under paragraph (f) or (g) 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) Submitting reports electronically. On and after September 15, 
2020, you must submit the initial notification required in Sec. 
63.2860(b) and the annual compliance certification, deviation report, 
and initial startup report required in Sec. 63.2861(a), (b), and (e) to 
the EPA via CEDRI, which can be accessed through the EPA's CDX (https://
cdx.epa.gov). The

[[Page 528]]

owner or operator must upload to CEDRI an electronic copy of each 
applicable notification in portable document format (PDF). The 
applicable notification must be submitted by the deadline specified in 
this subpart, regardless of the method in which the reports are 
submitted. 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. 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.
    (h) Claims of EPA system 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 (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
    (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) Claims 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 (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

[[Page 529]]

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.

[66 FR 19011, Apr. 12, 2001, as amended at 67 FR 16321, Apr. 5, 2002; 85 
FR 15630, Mar. 18, 2020]



Sec. 63.2862  What records must I keep?

    (a) You must satisfy the recordkeeping requirements of this section 
by the compliance date for your source specified in Table 1 of Sec. 
63.2834.
    (b) Before September 15, 2020, prepare a plan for demonstrating 
compliance (as described in Sec. 63.2851) and a SSM plan (as described 
in Sec. 63.2852). In these two plans, describe the procedures you will 
follow in obtaining and recording data, and determining compliance under 
normal operations or a SSM subject to the Sec. 63.2850(c)(2) or (d)(2) 
initial startup period or the Sec. 63.2850(e)(2) malfunction period. 
Complete both plans before the compliance date for your source and keep 
them on-site and readily available as long as the source is operational. 
On and after September 15, 2020, the requirement to prepare a SSM plan 
no longer applies, and the plan for demonstrating compliance must only 
describe the procedures you develop according to the requirements of 
Sec. 63.2851.
    (c) If your source processes any listed oilseed, record the items in 
paragraphs (c)(1) through (3) of this section:
    (1) For the solvent inventory, record the information in paragraphs 
(c)(1)(i) through (vii) of this section in accordance with your plan for 
demonstrating compliance:
    (i) Dates that define each operating status period during a calendar 
month.
    (ii) The operating status of your source such as normal operation, 
nonoperating, initial startup period, malfunction period, or exempt 
operation for each recorded time interval.
    (iii) Record the gallons of extraction solvent in the inventory on 
the beginning and ending dates of each normal operating period.
    (iv) The gallons of all extraction solvent received, purchased, and 
recovered during each calendar month.
    (v) All extraction solvent inventory adjustments, additions or 
subtractions. You must document the reason for the adjustment and 
justify the quantity of the adjustment.
    (vi) The total solvent loss for each calendar month, regardless of 
the source operating status.
    (vii) The actual solvent loss in gallons for each operating month.
    (2) For the weighted average volume fraction of HAP in the 
extraction solvent, you must record the items in paragraphs (c)(2)(i) 
through (iii) of this section:
    (i) The gallons of extraction solvent received in each delivery.
    (ii) The volume fraction of each HAP exceeding 1 percent by volume 
in each delivery of extraction solvent.
    (iii) The weighted average volume fraction of HAP in extraction 
solvent received since the end of the last operating month as determined 
in accordance with Sec. 63.2854(b)(2).
    (3) For each type of listed oilseed processed, record the items in 
paragraphs (c)(3)(i) through (vi) of this section, in accordance with 
your plan for demonstrating compliance:
    (i) The dates that define each operating status period. These dates 
must be the same as the dates entered for the extraction solvent 
inventory.

[[Page 530]]

    (ii) The operating status of your source, as described in Sec. 
63.2853(a)(2). On the log for each type of listed oilseed that is not 
being processed during a normal operating period, you must record which 
type of listed oilseed is being processed in addition to the source 
operating status.
    (iii) The oilseed inventory for the type of listed oilseed being 
processed on the beginning and ending dates of each normal operating 
period.
    (iv) The tons of each type of listed oilseed received at the 
affected source each normal operating period.
    (v) All listed oilseed inventory adjustments, additions or 
subtractions for normal operating periods. You must document the reason 
for the adjustment and justify the quantity of the adjustment.
    (vi) The tons of each type of listed oilseed processed during each 
operating month.
    (d) After your source has processed listed oilseed for 12 operating 
months, record the items in paragraphs (d)(1) through (5) of this 
section by the end of the calendar month following each operating month:
    (1) The 12 operating months rolling sum of the actual solvent loss 
in gallons as described in Sec. 63.2853(c).
    (2) The weighted average volume fraction of HAP in extraction 
solvent received for the previous 12 operating months as described in 
Sec. 63.2854(b)(3).
    (3) The 12 operating months rolling sum of each type of listed 
oilseed processed at the affected source in tons as described in Sec. 
63.2855(c).
    (4) A determination of the compliance ratio. Using the values from 
Sec. Sec. 63.2853, 63.2854, 63.2855, and Table 1 of Sec. 63.2840, 
calculate the compliance ratio using Equation 2 of Sec. 63.2840.
    (5) A statement of whether the source is in compliance with all of 
the requirements of this subpart. This includes a determination of 
whether you have met all of the applicable requirements in Sec. 
63.2850.
    (e) Before September 15, 2020, for each SSM event subject to an 
initial startup period as described in Sec. 63.2850(c)(2) or (d)(2), or 
a malfunction period as described in Sec. 63.2850(e)(2), record the 
items in paragraphs (e)(1) through (3) of this section by the end of the 
calendar month following each month in which the initial startup period 
or malfunction period occurred. The provisions of this paragraph (e) do 
not apply on and after September 15, 2020.
    (1) A description and date of the SSM event, its duration, and 
reason it qualifies as an initial startup or malfunction.
    (2) An estimate of the solvent loss in gallons for the duration of 
the initial startup or malfunction period with supporting documentation.
    (3) A checklist or other mechanism to indicate whether the SSM plan 
was followed during the initial startup or malfunction period.
    (f) On and after September 15, 2020, for each initial startup period 
subject to Sec. 63.2850(c)(2) or (d)(2), record the items in paragraphs 
(f)(1) through (6) of this section by the end of the calendar month 
following each month in which the initial startup period occurred.
    (1) A description and dates of the initial startup period, and 
reason it qualifies as an initial startup.
    (2) An estimate of the solvent loss in gallons for the duration of 
the initial startup or malfunction period with supporting documentation.
    (3) Nominal design rate of the extractor and operating rate of the 
extractor for the duration of the initial startup period, or permitted 
production rate and actual production rate of your source for the 
duration of the initial startup period.
    (4) Measured values for temperature and pressure for the 
desolventizing and oil distillation units associated with solvent 
recovery.
    (5) Information to indicate the mineral oil absorption system was 
operating at all times during the initial startup period.
    (6) Information to indicate the solvent condensers were operating at 
all times during the initial startup period.
    (g) On and after September 15, 2020, keep the records of deviations 
specified in paragraphs (f)(1) through (4) of this section for each 
compliance determination you make in which the compliance ratio exceeds 
1.00 as determined under Sec. 63.2840(c) or if you deviate from the 
work practice standard for an initial startup period subject to Sec. 
63.2850(c)(2) or (d)(2).

[[Page 531]]

    (1) The number of deviations, and the date and duration of each 
deviation. For deviations from the compliance ratio, the date of the 
deviation is the date the compliance ratio determination is made. The 
duration of the deviation from the compliance ratio is the length of 
time taken to address the cause of the deviation, including the duration 
of any malfunction, and return the affected unit(s) to its normal or 
usual manner of operation. For deviations from the work practice 
standard during the initial startup period, the date of the deviation is 
the date(s) when the facility fails to comply with any of the work 
practice standard in Sec. 63.2840(h). The duration of the deviation 
from the work practice standard is the length of time taken to return to 
the work practice standards.
    (2) A statement of the cause of each deviation (including unknown 
cause, if applicable).
    (3) For each deviation, 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) Actions taken to minimize emissions in accordance with Sec. 
63.2840(g), and any corrective actions taken to return the affected unit 
to its normal or usual manner of operation.
    (5) If you deviate from the work practice standard for an initial 
startup period, a description of the deviation from the work practice 
standard.
    (h) 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.

[66 FR 19011, Apr. 12, 2001, as amended at 85 FR 15632, Mar. 18, 2020]



Sec. 63.2863  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for review in accordance with 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, in accordance with Sec. 3.10(b)(1). You can keep the 
records off-site for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.2870  What parts of the General Provisions apply to me?

    Table 1 of this section shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you. Table 1 of Sec. 63.2870 
follows:

     Table 1 to Sec. 63.2870--Applicability of 40 CFR Part 63, Subpart A, to 40 CFR, Part 63, Subpart GGGG
----------------------------------------------------------------------------------------------------------------
                                     Subject of       Brief description      Applies to
  General provisions citation         citation         of requirement         subpart            Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1....................  Applicability.....  Initial             Yes..............
                                                      applicability
                                                      determination;
                                                      applicability
                                                      after standard
                                                      established;
                                                      permit
                                                      requirements;
                                                      extensions;
                                                      notifications.
Sec. 63.2....................  Definitions.......  Definitions for     Yes..............  Except as
                                                      part 63 standards.                     specifically
                                                                                             provided in this
                                                                                             subpart.
Sec. 63.3....................  Units and           Units and           Yes..............
                                  abbreviations.      abbreviations for
                                                      part 63 standards.
Sec. 63.4....................  Prohibited          Prohibited          Yes..............
                                  activities and      activities;
                                  circumvention.      compliance date;
                                                      circumvention;
                                                      severability.

[[Page 532]]

 
Sec. 63.5....................  Construction/       Applicability;      Yes..............  Except for
                                  reconstruction.     applications;                          subsections of Sec.
                                                      approvals.                               63.5 as listed
                                                                                             below.
Sec. 63.5(c).................  [Reserved]........
Sec. 63.5(d)(1)(ii)(H).......  Application for     Type and quantity   No...............  All sources emit
                                  approval.           of HAP, operating                      HAP. Subpart GGGG
                                                      parameters.                            does not require
                                                                                             control from
                                                                                             specific emission
                                                                                             points.
Sec. 63.5(d)(1)(ii)(I).......  [Reserved]........
Sec. 63.5(d)(1)(iii), (d)(2),                      Application for     No...............  The requirements of
 (d)(3)(ii).                                          approval.                              the application for
                                                                                             approval for new,
                                                                                             reconstructed and
                                                                                             significantly
                                                                                             modified sources
                                                                                             are described in
                                                                                             Sec. 63.2860(b)
                                                                                             and (c) of subpart
                                                                                             GGGG. General
                                                                                             provision
                                                                                             requirements for
                                                                                             identification of
                                                                                             HAP emission points
                                                                                             or estimates of
                                                                                             actual emissions
                                                                                             are not required.
                                                                                             Descriptions of
                                                                                             control and
                                                                                             methods, and the
                                                                                             estimated and
                                                                                             actual control
                                                                                             efficiency of such
                                                                                             do not apply.
                                                                                             Requirements for
                                                                                             describing control
                                                                                             equipment and the
                                                                                             estimated and
                                                                                             actual control
                                                                                             efficiency of such
                                                                                             equipment apply
                                                                                             only to control
                                                                                             equipment to which
                                                                                             the subpart GGGG
                                                                                             requirements for
                                                                                             quantifying.
Sec. 63.6....................  Applicability of    Applicability.....  Yes..............  Except for
                                  General                                                    subsections of Sec.
                                  Provisions.                                                  63.6 as listed
                                                                                             below.
Sec. 63.6(b)(1)-(3)..........  Compliance dates,   ..................  No...............  Section 63.2834 of
                                  new and                                                    subpart GGGG
                                  reconstructed                                              specifies the
                                  sources.                                                   compliance dates
                                                                                             for new and
                                                                                             reconstructed
                                                                                             sources.
Sec. 63.6(b)(6)..............  [Reserved]........
Sec. 63.6(c)(3)-(4)..........  [Reserved]........
Sec. 63.6(d).................  [Reserved]........
Sec. 63.6(e)(1)(i)...........  Operation and       ..................  Yes, before        See Sec.
                                  Maintenance.                            September 15,      63.2840(g) for
                                                                          2020. No, on or    general duty
                                                                          after September    requirement
                                                                          15, 2020.
Sec. 63.6(e)(1)(ii)..........  Operation and       Requirement to      Yes, before        See Sec.
                                  Maintenance.        correct             September 15,      63.2840(g) for
                                                      malfunctions as     2020]. No, on or   general duty
                                                      soon as             after September    requirement.
                                                      practicable.        15, 2020.
Sec. 63.6(e)(3)(i) through     Operation and       ..................  Yes, before        Minimize emissions
 (e)(3)(ii) and Sec. maintenance                             September 15,      to the extent
 63.6(e)(3)(v) through (vii).     requirements.                           2020.              practicable. On or
                                                                                             after September 15,
                                                                                             2020, see Sec.
                                                                                             63.2840(g) for
                                                                                             general duty
                                                                                             requirement.
Sec. 63.6(e)(3)(iii).........  Operation and       ..................  No...............  Minimize emissions
                                  maintenance                                                to the extent
                                  requirements.                                              practicable. On or
                                                                                             after September 15,
                                                                                             2020, see Sec.
                                                                                             63.2840(g) for
                                                                                             general duty
                                                                                             requirement.
Sec. 63.6(e)(3)(iv)..........  Operation and       ..................  No...............  Report SSM and in
                                  maintenance                                                accordance with
                                  requirements.                                              Sec. 63.2861(c)
                                                                                             and (d).
Sec. 63.6(e)(3)(viii)........  Operation and       ..................  Yes, before        Except, before
                                  maintenance                             September 15,      September 15, 2020,
                                  requirements.                           2020. No, on or    report each
                                                                          after September    revision to your
                                                                          15, 2020.          SSM plan in
                                                                                             accordance with
                                                                                             Sec. 63.2861(c)
                                                                                             rather than Sec.
                                                                                             63.10(d)(5) as
                                                                                             required under Sec.
                                                                                               63.6(e)(3)(viii).

[[Page 533]]

 
Sec. 63.6(e)(3)(ix)..........  Title V permit....  ..................  Yes, before
                                                                          September 15,
                                                                          2020. No, on or
                                                                          after September
                                                                          15, 2020.
Sec. 63.6(f)(1)..............  Compliance with     Comply with         Yes, before
                                  nonopacity          emission            September 15,
                                  emission            standards at all    2020. No, on or
                                  standards except    times except        after September
                                  during SSM.         during SSM.         15, 2020.
Sec. 63.6(f)(2)-(3)..........  Methods for         ..................  Yes..............
                                  Determining
                                  Compliance.
Sec. 63.6(g).................  Use of an           ..................  Yes..............
                                  Alternative
                                  Standard.
Sec. 63.6(h).................  Opacity/Visible     ..................  No...............  Subpart GGGG has no
                                  emission (VE)                                              opacity or VE
                                  standards.                                                 standards.
Sec. 63.6(i).................  Compliance          Procedures and      Yes..............
                                  extension.          criteria for
                                                      responsible
                                                      agency to grant
                                                      compliance
                                                      extension.
Sec. 63.6(j).................  Presidential        President may       Yes..............
                                  compliance          exempt source
                                  exemption.          category from
                                                      requirement to
                                                      comply with
                                                      subpart.
Sec. 63.7(e)(1)..............  Performance         Representative      Yes, before        See Sec.
                                  testing             conditions for      September 15,      63.2853(a)(5)(i)(A)
                                  requirements.       performance test.   2020. No, on or    for performance
                                                                          after September    testing
                                                                          15, 2020.          requirements.
Sec. 63.7(e)(2)-(4), (f),      Performance         Schedule,           Yes..............  Subpart GGGG
 (g), and (h).                    testing             conditions,                            requires
                                  requirements.       notifications and                      performance testing
                                                      procedures.                            only if the source
                                                                                             applies additional
                                                                                             control that
                                                                                             destroys solvent.
                                                                                             Section
                                                                                             63.2850(a)(6)
                                                                                             requires sources to
                                                                                             follow the
                                                                                             performance testing
                                                                                             guidelines of the
                                                                                             General Provisions
                                                                                             if a control is
                                                                                             added.
Sec. 63.8....................  Monitoring          ..................  No...............  Subpart GGGG does
                                  requirements.                                              not require
                                                                                             monitoring other
                                                                                             than as specified
                                                                                             therein.
Sec. 63.9....................  Notification        Applicability and   Yes..............  Except for
                                  requirements.       state delegation.                      subsections of Sec.
                                                                                               63.9 as listed
                                                                                             below.
Sec. 63.9(b)(2)..............  Notification        Initial             No...............  Section 63.2860(a)
                                  requirements.       notification                           of subpart GGGG
                                                      requirements for                       specifies the
                                                      existing sources.                      requirements of the
                                                                                             initial
                                                                                             notification for
                                                                                             existing sources.
Sec. 63.9(b)(3)-(5)..........  Notification        Notification        Yes..............  Except the
                                  requirements.       requirement for                        information
                                                      certain new/                           requirements differ
                                                      reconstructed                          as described in
                                                      sources.                               Sec. 63.2860(b)
                                                                                             of subpart GGGG.
Sec. 63.9(e).................  Notification of     Notify responsible  Yes..............  Applies only if
                                  performance test.   agency 60 days                         performance testing
                                                      ahead.                                 is performed.
Sec. 63.9(f).................  Notification of VE/ Notify responsible  No...............  Subpart GGGG has no
                                  opacity             agency 30 days                         opacity or VE
                                  observations.       ahead.                                 standards.
Sec. 63.9(g).................  Additional          Notification of     No...............  Subpart GGGG has no
                                  notifications       performance                            CMS requirements.
                                  when using a        evaluation;
                                  continuous          Notification
                                  monitoring system   using COMS data;
                                  (CMS).              notification that
                                                      exceeded
                                                      criterion for
                                                      relative accuracy.
Sec. 63.9(h).................  Notification of     Contents..........  No...............  Section 63.2860(d)
                                  compliance status.                                         of subpart GGGG
                                                                                             specifies
                                                                                             requirements for
                                                                                             the notification of
                                                                                             compliance status.

[[Page 534]]

 
Sec. 63.9(j).................  Notification        Change in previous  Yes..............
                                  requirements.       information.
Sec. 63.9(k).................  Notification        Electronic          Yes..............  Only as specified in
                                  requirements.       reporting                              Sec. 63.9(j).
                                                      procedures.
Sec. 63.10...................  Recordkeeping/      Schedule for        Yes..............  Except for
                                  reporting.          reporting, record                      subsections of Sec.
                                                      storage.                                 63.10 as listed
                                                                                             below.
Sec. 63.10(b)(2)(i)..........  Recordkeeping.....  Record SSM event..  Yes, before        Before September 15,
                                                                          September 15,      2020, applicable to
                                                                          2020. No, on or    periods when
                                                                          after September    sources must
                                                                          15, 2020.          implement their SSM
                                                                                             plan as specified
                                                                                             in subpart GGGG. On
                                                                                             or after September
                                                                                             15, 2020, meet the
                                                                                             requirements of
                                                                                             Sec. 63.2862(f).
Sec. 63.10(b)(2)(ii)-(iii)...  Recordkeeping.....  Malfunction of air  No...............  Before September 15,
                                                      pollution                              2020, applies only
                                                      equipment.                             if air pollution
                                                                                             control equipment
                                                                                             has been added to
                                                                                             the process and is
                                                                                             necessary for the
                                                                                             source to meet the
                                                                                             emission limit. On
                                                                                             or after September
                                                                                             15, 2020, meet the
                                                                                             requirements of
                                                                                             Sec. 63.2862(g).
Sec. 63.10(b)(2)(iv)-(v).....  Recordkeeping.....  SSM recordkeeping.  Yes, before
                                                                          September 15,
                                                                          2020. No, on or
                                                                          after September
                                                                          15, 2020.
Sec. 63.10(b)(2)(vi).........  Recordkeeping.....  CMS recordkeeping.  No...............  Subpart GGGG has no
                                                                                             CMS requirements.
Sec. 63.10(b)(2)(viii)-(ix)..  Recordkeeping.....  Conditions of       Yes..............  Applies only if
                                                      performance test.                      performance tests
                                                                                             are performed.
                                                                                             Subpart GGGG does
                                                                                             not have any CMS
                                                                                             opacity or VE
                                                                                             observation
                                                                                             requirements.
Sec. 63.10(b)(2)(x)-(xii)....  Recordkeeping.....  CMS, performance    No...............  Subpart GGGG does
                                                      testing, and                           not require CMS.
                                                      opacity and VE
                                                      observations
                                                      recordkeeping.
Sec. 63.10(c)................  Recordkeeping.....  Additional CMS      No...............  Subpart GGGG does
                                                      recordkeeping.                         not require CMS.
Sec. 63.10(d)(2).............  Reporting.........  Reporting           Yes..............  Applies only if
                                                      performance test                       performance testing
                                                      results.                               is performed.
Sec. 63.10(d)(3).............  Reporting.........  Reporting opacity   No...............  Subpart GGGG has no
                                                      or VE                                  opacity or VE
                                                      observations.                          standards.
Sec. 63.10(d)(4).............  Reporting.........  Progress reports..  Yes..............  Applies only if a
                                                                                             condition of
                                                                                             compliance
                                                                                             extension exists.
Sec. 63.10(d)(5).............  Reporting.........  SSM reporting.....  No...............  Section 63.2861(c)
                                                                                             and (d) specify SSM
                                                                                             reporting
                                                                                             requirements.
Sec. 63.10(e)................  Reporting.........  Additional CMS      No...............  Subpart GGGG does
                                                      reports.                               not require CMS.
Sec. 63.11...................  Control device      Requirements for    Yes..............  Applies only if your
                                  requirements.       flares.                                source uses a flare
                                                                                             to control solvent
                                                                                             emissions. Subpart
                                                                                             GGGG does not
                                                                                             require flares.
Sec. 63.12...................  State authority     State authority to  Yes..............
                                  and delegations.    enforce standards.
Sec. 63.13...................  State/regional      Addresses where     Yes..............
                                  addresses.          reports,
                                                      notifications,
                                                      and requests are
                                                      sent.
Sec. 63.14...................  Incorporation by    Test methods        Yes..............
                                  reference.          incorporated by
                                                      reference.
Sec. 63.15...................  Availability of     Public and          Yes..............
                                  information and     confidential
                                  confidentiality.    information.
----------------------------------------------------------------------------------------------------------------


[66 FR 19011, Apr. 12, 2001, as amended at 67 FR 16321, Apr. 5, 2002; 71 
FR 20463, Apr. 20, 2006; 85 FR 15632, Mar. 18, 2020; 85 FR 73904, Nov. 
19, 2020]

[[Page 535]]



Sec. 63.2871  Who implements and enforces this subpart?

    (a) This subpart can be implemented 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, 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 section 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 as follows:
    (1) Approval of alternative nonopacity emissions standards under 
Sec. 63.6(g).
    (2) Approval of alternative opacity standards 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.
    (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.



Sec. 63.2872  What definitions apply to this subpart?

    Terms used in this subpart are defined in the sources listed:
    (a) The Clean Air Act, section 112(a).
    (b) In 40 CFR 63.2, the NESHAP General Provisions.
    (c) In this section as follows:
    Accounting month means a time interval defined by a business firm 
during which corporate economic and financial factors are determined on 
a consistent and regular basis. An accounting month will consist of 
approximately 4 to 5 calendar weeks and each accounting month will be of 
approximate equal duration. An accounting month may not correspond 
exactly to a calendar month, but 12 accounting months will correspond 
exactly to a calendar year.
    Actual solvent loss means the gallons of solvent lost from a source 
during 12 operating months as determined in accordance with Sec. 
63.2853.
    Agricultural product means any commercially grown plant or plant 
product.
    Allowable HAP loss means the gallons of HAP that would have been 
lost from a source if the source was operating at the solvent loss 
factor for each listed oilseed type. The allowable HAP loss in gallons 
is determined by multiplying the tons of each oilseed type processed 
during the previous 12 operating months, as determined in accordance 
with Sec. 63.2855, by the corresponding oilseed solvent loss factor 
(gal/ton) listed in Table 1 of Sec. 63.2840, and by the dimensionless 
constant 0.64, and summing the result for all oilseed types processed.
    Area source means any source that does not meet the major source 
definition.
    As received is the basis upon which all oilseed measurements must be 
determined and refers to the oilseed chemical and physical 
characteristics as initially received by the source and prior to any 
oilseed handling and processing.
    Batch operation means any process that operates in a manner where 
the addition of raw material and withdrawal of product do not occur 
simultaneously. Typically, raw material is added to a process, 
operational steps occur, and a product is removed from the process. More 
raw material is then added to the process and the cycle repeats.
    Calendar month means 1 month as specified in a calendar.
    Compliance date means the date on which monthly compliance 
recordkeeping begins. For existing sources, recordkeeping typically 
begins 3 years after the effective date of the subpart. For new and 
reconstructed sources, recordkeeping typically begins upon initial 
startup, except as noted in Sec. 63.2834.
    Compliance ratio means a ratio of the actual HAP loss in gallons 
from the previous 12 operating months to an allowable HAP loss in 
gallons, which is

[[Page 536]]

determined by using oilseed solvent loss factors in Table 1 of Sec. 
63.2840, the weighted average volume fraction of HAP in solvent received 
for the previous 12 operating months, and the tons of each type of 
listed oilseed processed in the previous 12 operating months. Months 
during which no listed oilseed is processed, or months during which the 
Sec. 63.2850(c)(2) or (d)(2) initial startup period or, before 
September 15, 2020, the Sec. 63.2850(e)(2) malfunction period applies, 
are excluded from this calculation. Equation 2 of Sec. 63.2840 is used 
to calculate this value. If the value is less than or equal to 1.00, the 
source is in compliance. If the value is greater than 1.00, the source 
is deviating from compliance.
    Continuous operation means any process that adds raw material and 
withdraws product simultaneously. Mass, temperature, concentration and 
other properties typically approach steady-state conditions.
    Conventional desolventizer means a desolventizer toaster that 
operates with indirect and direct-contact steam to remove solvent from 
the extracted meal. Oilseeds processed in a conventional desolventizer 
produce crude vegetable oil and crude meal products, such as animal 
feed.
    Corn germ dry milling means a source that processes corn germ that 
has been separated from the other corn components using a ``dry'' 
process of mechanical chafing and air sifting.
    Corn germ wet milling means a source that processes corn germ that 
has been separated from other corn components using a ``wet'' process of 
centrifuging a slurry steeped in a dilute sulfurous acid solution.
    Exempt period means a period of time during which a source processes 
agricultural products not defined as listed oilseed.
    Extraction solvent means an organic chemical medium used to remove 
oil from an oilseed. Typically, the extraction solvent is a commercial 
grade of hexane isomers which have an approximate HAP content of 64 
percent by volume.
    Hazardous air pollutant (HAP) means any substance or mixture of 
substances listed as a hazardous air pollutant under section 112(b) of 
the Clean Air Act.
    Initial startup date means the first calendar day that a new, 
reconstructed or significantly modified source processes any listed 
oilseed.
    Initial startup period means a period of time from the initial 
startup date of a new, reconstructed, or significantly modified source, 
for which you choose to operate the source under an initial startup 
period subject to Sec. 63.2850(c)(2) or (d)(2), until the date your 
source operates for 15 consecutive days at or above 90 percent of the 
nominal design rate of the extractor or at or above 90 percent of the 
permitted production rate for your source. The initial startup period 
following initial startup of a new or reconstructed source may not 
exceed 6 calendar months. The initial startup period following a 
significant modification may not exceed 3 calendar months. Solvent and 
oilseed inventory information recorded during the initial startup period 
is excluded from use in any compliance ratio determinations.
    Large cottonseed plant means a vegetable oil production process that 
processes 120,000 tons or more of cottonseed and other listed oilseed 
during all normal operating periods in a 12 operating months period used 
to determine compliance.
    Malfunction period means a period of time between the beginning and 
end of a process malfunction and the time reasonably necessary for a 
source to correct the malfunction for which you choose to operate the 
source under a malfunction period subject to Sec. 63.2850(e)(2). This 
period may include the duration of an unscheduled process shutdown, 
continued operation during a malfunction, or the subsequent process 
startup after a shutdown resulting from a malfunction. During a 
malfunction period, a source complies with the standards by minimizing 
HAP emissions to the extent practicable. Therefore, solvent and oilseed 
inventory information recorded during a malfunction period is excluded 
from use in any compliance ratio determinations.
    Mechanical extraction means removing vegetable oil from oilseeds 
using only mechanical devices such as presses or screws that physically 
force the

[[Page 537]]

oil from the oilseed. Mechanical extraction techniques use no organic 
solvents to remove oil from an oilseed.
    Nonoperating month means any entire calendar or accounting month in 
which a source processes no agricultural product.
    Nonoperating period means any period of time in which a source 
processes no agricultural product. This operating status does not apply 
during any period in which the source operates under an initial startup 
period as described in Sec. 63.2850(c)(2) or (d)(2), or a malfunction 
period, as described in Sec. 63.2850(e)(2).
    Normal operating period or normal operation means any period of time 
in which a source processes a listed oilseed that is not categorized as 
an initial startup period as described in Sec. 63.2850(c)(2) or (d)(2), 
or, before September 15, 2020, a malfunction period as described in 
Sec. 63.2850(e)(2). At the beginning and ending dates of a normal 
operating period, solvent and oilseed inventory information is recorded 
and included in the compliance ratio determination.
    Oilseed or listed oilseed means the following agricultural products: 
corn germ, cottonseed, flax, peanut, rapeseed (for example, canola), 
safflower, soybean, and sunflower.
    Oilseed solvent loss factor means a ratio expressed as gallons of 
solvent loss per ton of oilseed processed. The solvent loss factors are 
presented in Table 1 of Sec. 63.2840 and are used to determine the 
allowable HAP loss.
    Operating month means any calendar or accounting month in which a 
source processes any quantity of listed oilseed, excluding any entire 
calendar or accounting month in which the source operated under an 
initial startup period as described in Sec. 63.2850(c)(2) or (d)(2), 
or, before September 15, 2020, a malfunction period as described in 
Sec. 63.2850(e)(2). An operating month may include time intervals 
characterized by several types of operating status. However, an 
operating month must have at least one normal operating period.
    Significant modification means the addition of new equipment or the 
modification of existing equipment that:
    (1) Significantly affects solvent losses from your vegetable oil 
production process;
    (2) The fixed capital cost of the new components represents a 
significant percentage of the fixed capital cost of building a 
comparable new vegetable oil production process;
    (3) The fixed capital cost of the new equipment does not constitute 
reconstruction as defined in Sec. 63.2; and
    (4) Examples of significant modifications include replacement of or 
major changes to solvent recovery equipment such as extractors, 
desolventizer-toasters/dryer-coolers, flash desolventizers, and 
distillation equipment associated with the mineral oil system, and 
equipment affecting desolventizing efficiency and steady-state operation 
of your vegetable oil production process such as flaking mills, oilseed 
heating and conditioning equipment, and cracking mills.
    Small cottonseed plant means a vegetable oil production process that 
processes less than 120,000 tons of cottonseed and other listed oilseed 
during all normal operating periods in a 12 operating months period used 
to determine compliance.
    Solvent extraction means removing vegetable oil from listed oilseed 
using an organic solvent in a direct-contact system.
    Solvent working capacity means the volume of extraction solvent 
normally retained in solvent recovery equipment. Examples include 
components such as the solvent extractor, desolventizer-toaster, solvent 
storage and working tanks, mineral oil absorption system, condensers, 
and oil/solvent distillation system.
    Specialty desolventizer means a desolventizer that removes excess 
solvent from soybean meal using vacuum conditions, energy from 
superheated solvent vapors, or reduced operating conditions (e.g., 
temperature) as compared to the typical operation of a conventional 
desolventizer. Soybeans processed in a specialty desolventizer result in 
high-protein vegetable meal products for human and animal consumption, 
such as calf milk replacement products and meat extender products.
    Vegetable oil production process means the equipment comprising a 
continuous process for producing crude vegetable

[[Page 538]]

oil and meal products, including specialty soybean products, in which 
oil is removed from listed oilseeds through direct contact with an 
organic solvent. Process equipment typically includes the following 
components: oilseed preparation operations (including conditioning, 
drying, dehulling, and cracking), solvent extractors, desolventizer-
toasters, meal dryers, meal coolers, meal conveyor systems, oil 
distillation units, solvent evaporators and condensers, solvent recovery 
system (also referred to as a mineral oil absorption system), vessels 
storing solvent-laden materials, and crude meal packaging and storage 
vessels. A vegetable oil production process does not include vegetable 
oil refining operations (including operations such as bleaching, 
hydrogenation, and deodorizing) and operations that engage in additional 
chemical treatment of crude soybean meals produced in specialty 
desolventizer units (including operations such as soybean isolate 
production).

[66 FR 19011, Apr. 12, 2001, as amended at 71 FR 20464, Apr. 20, 2006; 
85 FR 15635, Mar. 18, 2020]



 Subpart HHHH_National Emission Standards for Hazardous Air Pollutants 
                for Wet-Formed Fiberglass Mat Production

    Source: 67 FR 17835, Apr. 11, 2002, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.2980  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for emissions from facilities that produce wet-
formed fiberglass mat. This subpart also establishes requirements to 
demonstrate initial and continuous compliance with the emission 
limitations.



Sec. 63.2981  Does this subpart apply to me?

    You must comply with this subpart if you meet the criteria in 
paragraphs (a) and (b) of this section:
    (a) You own or operate a drying and curing oven at a wet-formed 
fiberglass mat production facility.
    (b) Your drying and curing oven or the facility at which your drying 
and curing oven is located is a major source of hazardous air pollutants 
(HAP). A major source is any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or can potentially emit, considering controls, in the aggregate, 
9.07 megagrams (10 tons) or more per year of a single HAP or 22.68 
megagrams (25 tons) or more per year of any combination of HAP.



Sec. 63.2982  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source. The affected source (the portion of your plant covered 
by this subpart) is each wet-formed fiberglass mat drying and curing 
oven.
    (b) An affected source is a new affected source if you commenced 
construction of the affected source after May 26, 2000, and you meet the 
applicability criteria in Sec. 63.2981 at start-up.
    (c) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2.
    (d) An affected source is existing if it is not new or 
reconstructed.

                          Emission Limitations



Sec. 63.2983  What emission limits must I meet?

    (a) You must limit the formaldehyde emissions from each drying and 
curing oven by either:
    (1) Limiting emissions of formaldehyde to 0.03 kilograms or less per 
megagram (0.05 pounds per ton) of fiberglass mat produced; or
    (2) Reducing uncontrolled formaldehyde emissions by 96 percent or 
more.
    (b) [Reserved]



Sec. 63.2984  What operating limits must I meet?

    (a) You must maintain operating parameters within established limits 
or ranges specified in your operation, maintenance, and monitoring (OMM) 
plan described in Sec. 63.2987. If there is a

[[Page 539]]

deviation of any of the specified parameters from the limit or range 
specified in the OMM plan, you must address the deviation according to 
paragraph (b) of this section. You must comply with the operating limits 
specified in paragraphs (a)(1) through (4) of this section:
    (1) You must operate the thermal oxidizer so that the average 
operating temperature in any 3-hour block period does not fall below the 
temperature established during your performance test and specified in 
your OMM plan, except during periods when using a non-HAP binder.
    (2) You must not use a resin with a free-formaldehyde content 
greater than that of the resin used during your performance test and 
specified in your OMM plan.
    (3) You must operate the wet-formed fiberglass mat production 
process so that the average urea formaldehyde resin solids application 
rate in any 3-hour block period does not exceed the average application 
rate achieved during your performance test and specified in your OMM 
plan.
    (4) If you use an add-on control device other than a thermal 
oxidizer or wish to monitor an alternative parameter and comply with a 
different operating limit than the limit specified in paragraph (a)(1) 
of this section, you must obtain approval for the alternative monitoring 
under Sec. 63.8(f). You must include the approved alternative 
monitoring and operating limits in the OMM plan specified in Sec. 
63.2987.
    (b) When during a period of normal operation, you detect that an 
operating parameter deviates from the limit or range established in 
paragraph (a) of this section, you must initiate corrective actions 
within 1 hour according to the provisions of your OMM plan. The 
corrective actions must be completed in an expeditious manner as 
specified in the OMM plan.
    (c) You must maintain and inspect control devices according to the 
procedures specified in the OMM plan.
    (d) You must include the operating limits specified in paragraphs 
(a)(1) through (4) of this section and their allowable ranges or levels 
in your OMM plan. Your 40 CFR part 70 operating permit for the drying 
and curing oven must contain a requirement that you develop and operate 
according to an OMM plan at all times.
    (e) If you use a thermal oxidizer or other control device to achieve 
the emission limits in Sec. 63.2983, you must capture and convey the 
formaldehyde emissions from each drying and curing oven according to the 
procedures in Chapters 3 and 5 of ``Industrial Ventilation: A Manual of 
Recommended Practice'' (23rd Edition) or the appropriate chapters of 
``Industrial Ventilation: A Manual of Recommended Practice for Design'' 
(27th Edition) (both are incorporated by reference, see Sec. 63.14). In 
addition, you may use an alternate as approved by the Administrator.

[67 FR 17835, Apr. 11, 2002, as amended at 71 FR 20464, Apr. 20, 2006; 
84 FR 6692, Feb. 28, 2019]



Sec. 63.2985  When do I have to comply with these standards?

    (a) Existing drying and curing ovens must be in compliance with this 
subpart no later than April 11, 2005, except as otherwise specified in 
this section and Sec. Sec. 63.2986, 63.2998, 63.3000, and 63.3004 and 
Table 2 to this subpart.
    (b) Drying and curing ovens constructed or reconstructed after May 
26, 2000 and before April 9, 2018 must be in compliance with this 
subpart at startup or by April 11, 2002, whichever is later, except as 
otherwise specified in this section and Sec. Sec. 63.2986, 63.2998, 
63.3000, and 63.3004 and Table 2 to this subpart.
    (c) 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, the 
following apply:
    (1) Any portion of the existing facility that is a new affected 
source or a new reconstructed affected source must be in compliance upon 
startup.
    (2) All other parts of the source must be in compliance with this 
subpart 1 year after becoming a major source or by April 11, 2005, 
whichever is later.
    (d) Drying and curing ovens constructed or reconstructed after April 
6, 2018 must be in compliance with this subpart at startup or by 
February 28, 2019 whichever is later.

[67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6692, Feb. 28, 2019]

[[Page 540]]



Sec. 63.2986  How do I comply with the standards?

    (a) You must install, maintain, and operate a thermal oxidizer or 
other control device or implement a process modification that reduces 
formaldehyde emissions from each drying and curing oven to the emission 
limits specified in Sec. 63.2983.
    (b) You must comply with the operating limits specified in Sec. 
63.2984. The operating limits prescribe the requirements for 
demonstrating continuous compliance based on the OMM plan. You must 
begin complying with the operating limits on the date by which you must 
complete the initial performance test.
    (c) You must conduct a performance test according to Sec. Sec. 
63.2991, 63.2992, and 63.2993 to demonstrate compliance for each drying 
and curing oven subject to the emission limits in Sec. 63.2983, and to 
establish or modify the operating limits or ranges for process or 
control device parameters that will be monitored to demonstrate 
continuous compliance.
    (d) You must install, calibrate, maintain, and operate devices that 
monitor the parameters specified in your OMM plan at the frequency 
specified in the plan. All continuous parameter monitoring systems must 
be installed and operating no later than the applicable compliance date 
specified in Sec. 63.2985.
    (e) You must prepare and follow a written OMM plan as specified in 
Sec. 63.2987.
    (f) You must comply with the monitoring, recordkeeping, 
notification, and reporting requirements of this subpart as required by 
Sec. Sec. 63.2996 through 63.3000.
    (g) You must comply with the requirements in paragraphs (g)(1) 
through (3) of this section.
    (1) Before August 28, 2019, existing drying and curing ovens and 
drying and curing ovens constructed or reconstructed after May 26, 2000 
and before April 7, 2018 must be in compliance with the emission limits 
in Sec. 63.2983 and the operating limits in Sec. 63.2984 at all times, 
except during periods of startup, shutdown, or malfunction. After August 
27, 2019, affected sources must be in compliance with the emission 
limits in Sec. 63.2983 and the operating limits in Sec. 63.2984 at all 
times, including periods of startup, shutdown, or malfunction. Affected 
sources that commence construction or reconstruction after April 6, 
2018, must comply with all requirements of the subpart, no later than 
February 28, 2019 or upon startup, whichever is later.
    (2) Before August 28, 2019, existing drying and curing ovens and 
drying and curing ovens constructed or reconstructed after May 26, 2000 
and before April 9, 2018 must always operate and maintain any affected 
source, including air pollution control equipment and monitoring 
equipment, according to the provisions in Sec. 63.6(e)(1). After August 
27, 2019, for such affected sources, and after February 28, 2019 for 
affected sources that commence construction or reconstruction after 
April 6, 2018, 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 you are in compliance with the emissions limits 
required by this subpart. The Administrator will base the determination 
of whether a source is operating in compliance with operation and 
maintenance requirements 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.
    (3) Before August 28, 2019, for each existing source and for each 
new or reconstructed source for which construction commenced after May 
26, 2000 and before April 9, 2018, you must maintain your written 
startup, shutdown, and malfunction plan according to the provisions in 
Sec. 63.6(e)(3). The startup, shutdown, and malfunction plan must 
address the startup, shutdown, and corrective actions taken for 
malfunctioning process and air pollution control equipment. A startup, 
shutdown, and malfunction plan is not required for such affected sources 
after August

[[Page 541]]

27, 2019. No startup, shutdown, or malfunction plan is required for any 
affected source that commences construction or reconstruction after 
April 6, 2018.

[67 FR 17835, Apr. 11, 2002, as amended at 71 FR 20464, Apr. 20, 2006; 
84 FR 6693, Feb. 28, 2019]

               Operation, Maintenance, and Monitoring Plan



Sec. 63.2987  What must my operation, maintenance, and monitoring
(OMM) plan include?

    (a) You must prescribe the monitoring that will be performed to 
ensure compliance with these emission limitations. Table 1 to this 
subpart lists the minimum monitoring requirements. Your plan must 
specify the items listed in paragraphs (a)(1) through (3) of this 
section:
    (1) Each process and control device 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 operating limits or ranges for each parameter that represent 
continuous compliance with the emission limits in Sec. 63.2983. 
Operating limits and ranges must be based on values of the monitored 
parameters recorded during performance tests.
    (b) You must establish routine and long-term maintenance and 
inspection schedules for each control device. You must incorporate in 
the schedules the control device manufacturer's recommendations for 
maintenance and inspections or equivalent procedures. If you use a 
thermal oxidizer, the maintenance schedule must include procedures for 
annual or more frequent inspection of the thermal oxidizer to ensure 
that the structural and design integrity of the combustion chamber is 
maintained. At a minimum, you must meet the requirements of paragraphs 
(b)(1) through (10) of this section:
    (1) Inspect all burners, pilot assemblies, and pilot sensing devices 
for proper operation. Clean pilot sensor if necessary.
    (2) Ensure proper adjustment of combustion air and adjust if 
necessary.
    (3) Inspect, when possible, all internal structures (such as 
baffles) to ensure structural integrity per the design specifications.
    (4) Inspect dampers, fans, and blowers for proper operation.
    (5) Inspect motors for proper operation.
    (6) Inspect, when possible, combustion chamber refractory lining. 
Clean and repair or replace lining if necessary.
    (7) Inspect the thermal oxidizer shell for proper sealing, 
corrosion, and hot spots.
    (8) For the burn cycle that follows the inspection, document that 
the thermal oxidizer is operating properly and make any necessary 
adjustments.
    (9) Generally observe whether the equipment is maintained in good 
operating condition.
    (10) Complete all necessary repairs as soon as practicable.
    (c) You must establish procedures for responding to operating 
parameter deviations. At a minimum, the procedures must include the 
information in paragraphs (c)(1) through (3) of this section.
    (1) Procedures for determining the cause of the operating parameter 
deviation.
    (2) Actions for correcting the deviation and returning the operating 
parameters to the allowable ranges or limits.
    (3) Procedures for recording the date and time that the deviation 
began and ended, and the times corrective actions were initiated and 
completed.
    (d) Your plan must specify the recordkeeping procedures to document 
compliance with the emissions and operating limits. Table 1 to this 
subpart establishes the minimum recordkeeping requirements.

[67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6693, Feb. 28, 2019]



Sec. 63.2988  [Reserved]



Sec. 63.2989  How do I change my OMM plan?

    Changes to the operating limits or ranges in your OMM plan require a 
new performance test.

[[Page 542]]

    (a) To revise the ranges or levels established for your operating 
limits in Sec. 63.2984, you must meet the requirements in paragraphs 
(a)(1) and (2) of this section:
    (1) Submit a notification of performance test to the Administrator 
as specified in Sec. 63.7(b) to revise your operating ranges or limits.
    (2) After completing the performance test to demonstrate that 
compliance with the emissions limits can be achieved at the revised 
levels of the operating limits, 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).
    (b) If you are revising the inspection and maintenance procedures in 
your plan that are specified in Sec. 63.2987(b), you do not need to 
conduct a new performance test.
    (c) If you plan to operate your process or control device under 
alternative operating conditions and do not wish to revise your OMM plan 
when you change operating conditions, you can perform a separate 
compliance test to establish operating limits for each condition. You 
can then include the operating limits for each condition in your OMM 
plan. After completing the performance tests, you must record the date 
and time when you change operations from one condition to another, the 
condition under which you are operating, and the operating limits that 
apply under that condition. If you can perform a single performance test 
that establishes the most stringent operating limits that cover all 
alternative operating conditions, then you do not need to comply with 
the provisions of this paragraph.

[67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6693, Feb. 28, 2019]



Sec. 63.2990  Can I conduct short-term experimental production runs 
that cause parameters to deviate from operating limits?

    With the approval of the Administrator, you may conduct short-term 
experimental production runs during which your operating parameters 
deviate from the operating limits. Experimental runs may include, but 
are not limited to, runs using resin with a higher free-formaldehyde 
content than specified in the OMM plan, or using experimental pollution 
prevention techniques. To conduct a short-term experimental production 
run, you must complete the requirements in paragraphs (a) and (b) of 
this section.
    (a) Prepare an application to the Administrator for approval to 
conduct the experimental production runs. Your application must include 
the items listed in paragraphs (a)(1) through (6) of this section.
    (1) The purpose of the experimental production run.
    (2) Identification of the affected line.
    (3) An explanation of how the operating parameters will deviate from 
the previously approved ranges and limits.
    (4) The duration of the experimental production run.
    (5) The date and time of the experimental production run.
    (6) A description of any emission testing to be performed during the 
experimental production run.
    (b) Submit the application to the Administrator for approval at 
least 30 days before you conduct the experimental production run.
    (c) If you conduct such experimental production runs without first 
receiving approval from the Administrator, then you must conduct a 
performance test under those same experimental production run conditions 
to show that you were in compliance with the formaldehyde emission 
limits in Sec. 63.2983.

               Testing and Initial Compliance Requirements



Sec. 63.2991  When must I conduct performance tests?

    Except for drying and curing ovens subject to a federally 
enforceable permit that requires the exclusive use of non-HAP binders, 
you must conduct a performance test for each drying and curing oven 
subject to this subpart according to the provisions in paragraphs (a) 
through (c) of this section:
    (a) Initially. You must conduct a performance test to demonstrate 
initial compliance and to establish operating parameter limits and 
ranges to be used to demonstrate continuous compliance with the emission 
standards no later than 180 days after the applicable compliance date 
specified in Sec. 63.2985.

[[Page 543]]

    (b) Every 5 years. You must conduct a performance test every 5 years 
as part of renewing your 40 CFR part 70 operating permit.
    (c) To change your OMM plan. You must conduct a performance test 
according to the requirements specified in Sec. 63.2992 to change the 
limit or range for any operating limit specified in your OMM plan 
established during a previous compliance test.

[67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6693, Feb. 28, 2019]



Sec. 63.2992  How do I conduct a performance test?

    (a) You must verify the performance of monitoring equipment as 
specified in Sec. 63.2994 before performing the test.
    (b) You must conduct the performance test according to the 
requirements in Sec. 63.7(a) through (d), (e)(2) through (4), and (f) 
through (h).
    (c) You must conduct the performance test under the conditions 
specified in paragraphs (c)(1) and (2) of this section.
    (1) The resin must have the highest specified free-formaldehyde 
content that will be used.
    (2) You must operate at the maximum feasible urea-formaldehyde resin 
solids application rate (pounds urea-formaldehyde resin solids applied 
per hour) that will be used.
    (d) During the performance test, you must monitor and record the 
operating parameters that you will use to demonstrate continuous 
compliance after the test. These parameters are listed in Table 1 to 
this subpart.
    (e) You must conduct performance tests under conditions that are 
representative of the performance of the affected source. 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 record an explanation to support that such 
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.
    (f) You must conduct three separate test runs for each performance 
test as specified in Sec. 63.7(e)(3), and each test run must last at 
least 1 hour.

[67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6693, Feb. 28, 2019]



Sec. 63.2993  What test methods must I use in conducting performance tests?

    (a) Use EPA Method 1 (40 CFR part 60, appendix A-1) for selecting 
the sampling port location and the number of sampling ports.
    (b) Use EPA Method 2 (40 CFR part 60, appendix A-1) for measuring 
the volumetric flow rate of the stack gas.
    (c) Use EPA Method 3 or 3A (40 CFR part 60, appendix A-2) for 
measuring oxygen and carbon dioxide concentrations needed to correct 
formaldehyde concentration measurements to a standard basis.
    (d) Use EPA Method 4 (40 CFR part 60, appendix A-3) for measuring 
the moisture content of the stack gas.
    (e) Use EPA Method 316, 318, or 320 (40 CFR part 63, appendix A) for 
measuring the concentration of formaldehyde.
    (f) Use the method contained in appendix A to this subpart or the 
resin purchase specification and the vendor specification sheet for each 
resin lot for determining the free-formaldehyde content in the urea-
formaldehyde resin.
    (g) Use the method in appendix B to this subpart for determining 
product loss-on-ignition.

[84 FR 6694, Feb. 28, 2019]



Sec. 63.2994  How do I verify the performance of monitoring equipment?

    (a) Before conducting the performance test, you must take the steps 
listed in paragraphs (a)(1) through (3) of this section:
    (1) Install and calibrate all process equipment, control devices, 
and monitoring equipment.
    (2) Develop and implement a continuous parameter monitoring system 
(CPMS) quality control program that includes written procedures for CPMS 
according to Sec. 63.8(d)(1) and (2). You must 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

[[Page 544]]

subpart, to be made available for inspection, upon request, by the 
Administrator. If you revise the performance evaluation plan, you must 
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. 
You should include the program of corrective action in the plan required 
under Sec. 63.8(d)(2).
    (3) Conduct a performance evaluation of the CPMS according to Sec. 
63.8(e) which specifies the general requirements and requirements for 
notifications, the site-specific performance evaluation plan, conduct of 
the performance evaluation, and reporting of performance evaluation 
results.
    (b) If you use a thermal oxidizer, the temperature monitoring device 
must meet the performance and equipment specifications listed in 
paragraphs (b)(1) through (3) of this section:
    (1) The temperature monitoring device must be installed either at 
the exit of the combustion zone of each thermal oxidizer, or at the 
location specified by the manufacturer. The temperature monitoring 
device must also be installed in a location before any heat recovery or 
heat exchange equipment, and it must remain in the same location for 
both the performance test and the continuous monitoring of temperature.
    (2) The recorder response range must include zero and 1.5 times the 
average temperature required in Sec. 63.2984(a)(1).
    (3) The measurement method or reference method for calibration must 
be a National Institute of Standards and Technology calibrated reference 
thermocouple-potentiometer system or an alternate reference subject to 
the approval of the Administrator.

[67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6694, Feb. 28, 2019]



Sec. 63.2995  What equations must I use to determine compliance?

    (a) Percent reduction for formaldehyde. To determine compliance with 
the percent reduction formaldehyde emission standard, use equation 1 of 
this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.021

Where:

Ef = Formaldehyde control efficiency, percent.
Mi = Mass flow rate of formaldehyde entering the control 
          device, kilograms (pounds) per hour.
Mo = Mass flow rate of formaldehyde exiting the control 
          device, kilograms (pounds) per hour.

    (b) Formaldehyde mass emissions rate. To determine compliance with 
the kilogram per megagram (pound per ton) formaldehyde emission 
standard, use equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.022

Where:

E = Formaldehyde mass emissions rate, kilograms (pounds) of formaldehyde 
          per megagram (ton) of fiberglass mat produced.
M = Formaldehyde mass emissions rate, kilograms (pounds) per hour.
P = The wet-formed fiberglass mat production rate during the emissions 
          sampling period, including any material trimmed from the final 
          product, megagrams (tons) per hour.

    (c) Urea-formaldehyde (UF) resin solids application rate. To 
determine the UF resin solids application rate, use equation 3 of this 
section as follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.023

Where:

UF solids/hour = UF resin solids application rate (pounds per hour).
LOI = loss on ignition (weight faction), or pound of organic binder per 
          pound of mat.

[[Page 545]]

UFL = UF-to-latex ratio in the binder (mass fraction of UF resin solids 
          in total combined resin solids for UF and latex), or pound of 
          UF solids per pound of total resin solids (UF and latex).
MW = weight of the final mat per square (pounds per roofing square).
SQ = roofing squares produced per hour.

                         Monitoring Requirements



Sec. 63.2996  What must I monitor?

    (a) You must monitor the parameters listed in Table 1 to this 
subpart and any other parameters specified in your OMM plan. You must 
monitor the parameters, at a minimum, at the corresponding frequencies 
listed in Table 1 to this subpart, except as specified in paragraph (b) 
of this section.
    (b) During periods when using a non-HAP binder, you are not required 
to monitor the parameters in Table 1 to this subpart.

[84 FR 6694, Feb. 28, 2019]



Sec. 63.2997  What are the requirements for monitoring devices?

    (a) If you control formaldehyde emissions using a thermal oxidizer, 
you must meet the requirements in paragraphs (a)(1) and (2) of this 
section:
    (1) Install, calibrate, maintain, and operate a device to monitor 
and record continuously the thermal oxidizer temperature at the exit of 
the combustion zone before any substantial heat exchange occurs or at 
the location consistent with the manufacturer's recommendations.
    (2) Continuously monitor the thermal oxidizer temperature and 
determine and record the average temperature in 15-minute and 3-hour 
block averages. You may determine the average temperature more 
frequently than every 15 minutes and every 3 hours, but not less 
frequently.
    (b) If you use process modifications or a control device other than 
a thermal oxidizer to control formaldehyde emissions, you must install, 
calibrate, maintain, and operate devices to monitor the parameters 
established in your OMM plan at the frequency established in the plan.

[67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6694, Feb. 28, 2019]

                   Notifications, Reports, and Records



Sec. 63.2998  What records must I maintain?

    You must maintain records according to the procedures of Sec. 
63.10. You must maintain the records listed in paragraphs (a) through 
(i) of this section.
    (a) All records required by Sec. 63.10, where applicable. Table 2 
of this subpart presents the applicable requirements of the general 
provisions.
    (b) The OMM plan.
    (c) During periods when the binder formulation being applied 
contains HAP, records of values of monitored parameters listed in Table 
1 to this subpart to show continuous compliance with each operating 
limit specified in Table 1 to this subpart. If you do not monitor the 
parameters in Table 1 to this subpart during periods when using non-HAP 
binder, you must record the dates and times that production of mat using 
non-HAP binder began and ended.
    (d) Records of maintenance and inspections performed on the control 
devices.
    (e) Before August 28, 2019, for existing drying and curing ovens and 
drying and curing ovens constructed or reconstructed after May 26, 2000 
and before April 7, 2018, if an operating parameter deviation occurs, 
you must record:
    (1) The date, time, and duration of the operating parameter 
deviation;
    (2) A brief description of the cause of the operating parameter 
deviation;
    (3) The dates and times at which corrective actions were initiated 
and completed;
    (4) A brief description of the corrective actions taken to return 
the parameter to the limit or to within the range specified in the OMM 
plan; and
    (5) A record of whether the deviation occurred during a period of 
startup, shutdown, or malfunction.
    (f) Before August 28, 2019, for existing drying and curing ovens and 
drying and curing ovens constructed or reconstructed after May 26, 2000 
and before April 7, 2018, keep all records specified in Sec. 
63.6(e)(3)(iii) through (v) related to startup, shutdown, and 
malfunction. Records specified in Sec. 63.6(e)(3)(iii) through (v) are 
not required to be kept after August 27, 2019 for existing or new drying 
and curing ovens.

[[Page 546]]

    (g) After February 28, 2019 for affected sources that commence 
construction or reconstruction after April 6, 2018, and after August 27, 
2019 for all other affected sources, in the event that an affected 
source fails to meet an applicable standard, including deviations from 
an emission limit in Sec. 63.2983 or an operating limit in Sec. 
63.2984, you must record the number of failures and, for each failure, 
you must:
    (1) Record the date, time, and duration of the failure;
    (2) Describe the cause of the failure;
    (3) 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; and
    (4) Record actions taken to minimize emissions in accordance with 
Sec. 63.2986(g)(2) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation and/or to 
return the operating parameter to the limit or to within the range 
specified in the OMM plan, and the dates and times at which corrective 
actions were initiated and completed.
    (h) If you operate your process or control device under alternative 
operating condition and have established operating limits for each 
condition as specified in Sec. 63.2989(c), then you must keep records 
of the date and time you changed operations from one condition to 
another, the condition under which you are operating, and the applicable 
operating limits for that condition.
    (i) Records showing how the maximum residence time was derived.

[67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6694, Feb. 28, 2019]



Sec. 63.2999  In what form and for how long must I maintain records?

    (a) You must maintain each record required by this subpart for 5 
years. You must maintain the most recent 2 years of records at the 
facility. The remaining 3 years of records may be retained offsite.
    (b) Your records must be readily available and in a form so they can 
be easily inspected and reviewed. You can keep the records on paper or 
an alternative medium, such as microfilm, computer, computer disks, 
compact disk, digital versatile disk, flash drive, other commonly used 
electronic storage medium, magnetic tape, or on microfiche.
    (c) You may maintain any records that you submitted electronically 
via the EPA's Compliance and Emissions Data Reporting Interface (CEDRI) 
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 onsite compliance evaluation.

[67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6695, Feb. 28, 2019]



Sec. 63.3000  What notifications and reports must I submit?

    (a) You must submit all notifications and reports required by the 
applicable general provisions and this section. Table 2 of this subpart 
presents the applicable requirements of the general provisions.
    (b) Notification of compliance status. You must submit the 
notification of compliance status, including the performance test 
results, the operating limits or ranges as determined during the 
performance test, and other information specified in Sec. 63.9(h), 
before the close of business on the 60th calendar day after you complete 
the performance test according to Sec. 63.10(d)(2).
    (c) Semiannual compliance reports. You must submit semiannual 
compliance reports according to the requirements of paragraphs (c)(1) 
through (6) of this section.
    (1) Dates for submitting reports. Unless the Administrator has 
agreed to a different schedule for submitting reports under Sec. 
63.10(a), you must deliver or postmark each semiannual compliance report 
no later than 30 days following the end of each semiannual reporting 
period. The first semiannual reporting period begins on the compliance 
date for your affected source and ends on June 30 or December 31, 
whichever date immediately follows your compliance date. Each subsequent 
semiannual reporting period for which you must submit a semiannual 
compliance report begins on July 1 or January 1 and ends 6 calendar 
months later. Before March 1, 2019, as required by Sec. 63.10(e)(3), 
you

[[Page 547]]

must begin submitting quarterly compliance reports if you deviate from 
the emission limits in Sec. 63.2983 or the operating limits in Sec. 
63.2984. After February 28, 2019, you are not required to submit 
quarterly compliance reports. If you deviate from the emission limits in 
Sec. 63.2983 or the operating limits in Sec. 63.2984 in the quarter 
prior to February 28, 2019, you must include this information in the 
report for the first full semiannual reporting period following February 
28, 2019.
    (2) Inclusion with title V report. For each affected source that is 
subject to permitting regulations pursuant to 40 CFR part 70 or 71, and 
for which the permitting authority has established dates for submitting 
semiannual reports pursuant to 40 CFR 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 
instead of according to the dates in paragraph (c)(1) of this section.
    (3) Contents of reports. The semiannual compliance report must 
contain the information in paragraphs (c)(3)(i) through (vi) of this 
section:
    (i) Company name and address.
    (ii) 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.
    (iii) Date of report and beginning and ending dates of the reporting 
period.
    (iv) A summary of the total duration of continuous parameter 
monitoring system downtime during the semiannual reporting period and 
the total duration of continuous parameter monitoring system downtime as 
a percent of the total source operating time during that semiannual 
reporting period.
    (v) The date of the latest continuous parameter monitoring system 
certification or audit.
    (vi) A description of any changes in the wet-formed fiberglass mat 
manufacturing process, continuous parameter monitoring system, or add-on 
control device since the last semiannual reporting period.
    (4) No deviations. If there were no instances where an affected 
source failed to meet an applicable standard, including no deviations 
from the emission limit in Sec. 63.2983 or the operating limits in 
Sec. 63.2984, the semiannual compliance report must include a statement 
to that effect. If there were no periods during which the continuous 
parameter monitoring systems were out-of-control as specified in Sec. 
63.8(c)(7), the semiannual compliance report must include a statement to 
that effect.
    (5) Deviations. Before August 28, 2019, for existing drying and 
curing ovens and drying and curing ovens constructed or reconstructed 
after May 26, 2000 and before April 7, 2018, if there was a deviation 
from the emission limit in Sec. 63.2983 or an operating limit in Sec. 
63.2984, the semiannual compliance report must contain the information 
in paragraphs (c)(5)(i) through (ix) of this section:
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time that each continuous parameter monitoring 
system was inoperative, except for zero (low-level) and high-level 
checks.
    (iii) The date, time, and duration that each continuous parameter 
monitoring system 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) The date and time that corrective actions were taken, a 
description of the cause of the deviation, and a description of the 
corrective actions taken.
    (vi) A summary of the total duration of each deviation during the 
semiannual reporting period and the total duration as a percent of the 
total source operating time during that semiannual reporting period.
    (vii) A breakdown of the total duration of the deviations during the 
semiannual reporting period into those that were due to startup, 
shutdown, control equipment problems, process problems, other known 
causes, and other unknown causes.
    (viii) A brief description of the associated process units.
    (ix) A brief description of the associated continuous parameter 
monitoring system.

[[Page 548]]

    (6) Deviations. For affected sources that commence construction or 
reconstruction after April 6, 2018, after February 28, 2019, and after 
August 27, 2019 for all other affected sources, if there was an instance 
where an affected source failed to meet an applicable standard, 
including a deviation from the emission limit in Sec. 63.2983 or an 
operating limit in Sec. 63.2984, the semiannual compliance report must 
record the number of failures and contain the information in paragraphs 
(c)(6)(i) through (ix) of this section:
    (i) The date, time, and duration of each failure.
    (ii) The date and time that each continuous parameter monitoring 
system was inoperative, except for zero (low-level) and high-level 
checks.
    (iii) The date, time, and duration that each continuous parameter 
monitoring system was out-of-control, including the information in Sec. 
63.8(c)(8).
    (iv) 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.
    (v) The date and time that corrective actions were taken, a 
description of the cause of the failure (including unknown cause, if 
applicable), and a description of the corrective actions taken.
    (vi) A summary of the total duration of each failure during the 
semiannual reporting period and the total duration as a percent of the 
total source operating time during that semiannual reporting period.
    (vii) A breakdown of the total duration of the failures during the 
semiannual reporting period into those that were due to control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (viii) A brief description of the associated process units.
    (ix) A brief description of the associated continuous parameter 
monitoring system.
    (d) Startup, shutdown, malfunction reports. Before August 28, 2019, 
for existing drying and curing ovens and drying and curing ovens 
constructed or reconstructed after May 26, 2000 and before April 7, 
2018, if you have a startup, shutdown, or malfunction during the 
semiannual reporting period, you must submit the reports specified Sec. 
63.10(d)(5). No startup, shutdown, or malfunction plan is required for 
any affected source that commences construction or reconstruction after 
April 6, 2018.
    (e) Performance test results. You must submit results of each 
performance test (as defined in Sec. 63.2) required by this subpart no 
later than 60 days after completing the test as specified in Sec. 
63.10(d)(2). You must include the values measured during the performance 
test for the parameters listed in Table 1 of this subpart and the 
operating limits or ranges that you will include in your OMM plan. For 
the thermal oxidizer temperature, you must include 15-minute averages 
and the average for the three 1-hour test runs. For affected sources 
that commence construction or reconstruction after April 6, 2018, 
beginning February 28, 2019, and beginning no later than August 27, 2019 
for all other affected sources, you must submit the results following 
the procedures specified in paragraphs (e)(1) through (3) 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 CEDRI (CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/)). 
You must submit performance test data 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.
    (2) For 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, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec. 63.13, unless 
the Administrator agrees to or specifies an alternate reporting method.

[[Page 549]]

    (3) If you claim that some of the performance test information you 
are submitting under paragraph (e)(1) 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 disk, flash drive or other commonly used 
electronic storage medium to the EPA. You must clearly mark the 
electronic medium as CBI and mail to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, Mail Drop C404-02, 
4930 Old Page Rd., Durham, NC 27703. You must submit the same ERT or 
alternate file with the CBI omitted to the EPA via the EPA's CDX as 
described in paragraph (e)(1) of this section.
    (f) Claims of EPA system outage. If you are required to 
electronically submit a report through the CEDRI in the EPA's CDX, you 
may assert a claim of EPA 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 (f)(1) through (7) of this 
section.
    (1) You must have been or will be precluded from accessing CEDRI and 
submitting a required test 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.
    (g) 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 (g)(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 requirements 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;

[[Page 550]]

    (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.

[67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6695, Feb. 28, 2019]

                   Other Requirements and Information



Sec. 63.3001  What sections of the general provisions apply to me?

    You must comply with the requirements of the general provisions of 
40 CFR part 63, subpart A, as specified in Table 2 of this subpart.

[84 FR 6696, Feb. 28, 2019]



Sec. 63.3002  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or 
a delegated authority, such as your State, local, or tribal agency. If 
the Administrator has delegated authority to your State, local, or 
tribal agency, then that agency is the primary enforcement authority. If 
the Administrator has not delegated authority to your State, only EPA 
enforces 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 section 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 transferred to the State, local, or tribal agency.
    (1) The authority under Sec. 63.6(g) to approve alternatives to the 
emission limits in Sec. 63.2983 and operating limits in Sec. 63.2984 
is not delegated.
    (2) The authority under Sec. 63.7(e)(2)(ii) and (f) to approve of 
major alternatives (as defined in Sec. 63.90) to the test methods in 
Sec. 63.2993 is not delegated.
    (3) The authority under Sec. 63.8(f) to approve major alternatives 
(as defined in Sec. 63.90) to the monitoring requirements in Sec. Sec. 
63.2996 and 63.2997 is not delegated.
    (4) The authority under Sec. 63.10(f) to approve major alternatives 
(as defined in Sec. 63.90) to recordkeeping, notification, and 
reporting requirements in Sec. Sec. 63.2998 through 63.3000 is not 
delegated.



Sec. 63.3003  [Reserved]



Sec. 63.3004  What definitions apply to this subpart?

    Terms used in this subpart are defined the Clean Air Act, in Sec. 
63.2, and in this section as follows:
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., a State that has been delegated the authority to implement the 
provisions of this part).
    Deviation means:
    (1) Before August 28, 2019, 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) Fails to meet any emission limit, or 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.
    (2) After February 28, 2019 for affected sources that commence 
construction or reconstruction after April 6, 2018, and after August 27, 
2019 for all other affected sources, any instance in which an affected 
source subject to this

[[Page 551]]

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; 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.
    Drying and curing oven means the process section that evaporates 
excess moisture from a fiberglass mat and cures the resin that binds the 
fibers.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Fiberglass mat production rate means the weight of finished 
fiberglass mat produced per hour of production including any trim 
removed after the binder is applied and before final packaging.
    Loss-on-ignition means the percentage decrease in weight of 
fiberglass mat measured before and after it has been ignited to burn off 
the applied binder. The loss-on-ignition is used to monitor the weight 
percent of binder in fiberglass mat.
    Maximum residence time means the longest time, during normal 
operation and excluding periods of ramping up to speed during startup, 
that a particular point on the fiberglass mat remains in the drying and 
curing oven. It is determined for each line by the equation:

T = L/S

Where:

T is the residence time, in seconds;
L is the length of the drying and curing oven, in feet; and
S is the slowest line speed normally operated on the line, excluding 
          periods of ramping up to speed during startup, in feet per 
          second.

    Non-HAP binder means a binder formulation that does not contain any 
substance that is required to be listed in Section 3 of a safety data 
sheet (SDS) pursuant to 29 CFR 1910.1200(g) and that is a HAP as defined 
in section 112(b) of the Clean Air Act. In designating a non-HAP binder 
under this subpart, you may not rely on the SDS for a binder where the 
manufacturer has withheld the specific chemical identity, including the 
chemical name, other specific identification of a hazardous chemical, or 
the exact percentage (concentration) of the substance in a mixture from 
Section 3 of the SDS. You may not withhold this information when making 
the case that the binder is a non-HAP binder for the purposes of Sec. 
63.2996.
    Nonwoven wet-formed fiberglass mat manufacturing means the 
production of a fiberglass mat by bonding glass fibers to each other 
using a resin solution. Nonwoven wet-formed fiberglass mat manufacturing 
is also referred to as wet-formed fiberglass mat manufacturing.
    Roofing square means the amount of finished product needed to cover 
an area 10 feet by 10 feet (100 square feet) of finished roof.
    Shutdown after February 28, 2019 for affected sources that commence 
construction or reconstruction after April 6, 2018, and after August 27, 
2019 for all other affected sources, means the cessation of operation of 
the drying and curing of any binder-infused fiberglass mat for any 
purpose. Shutdown ends when the maximum residence time has elapsed after 
binder-infused fiberglass mat ceases to enter the drying and curing 
oven.
    Startup after February 28, 2019 for affected sources that commence 
construction or reconstruction after April 6, 2018, and after August 27, 
2019 for all other affected sources, means the setting in operation of 
the drying and curing of binder-infused fiberglass mat for any purpose. 
Startup begins when binder-infused fiberglass mat enters the oven to be 
dried and cured for the first time or after a shutdown event.
    Thermal oxidizer means an air pollution control device that uses 
controlled flame combustion inside a combustion chamber to convert 
combustible materials to noncombustible gases.
    Urea-formaldehyde content in binder formulation means the mass-based 
percent of urea-formaldehyde resin in the total binder mix as it is 
applied to the glass fibers to form the mat.

[67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6696, Feb. 28, 2019]



Sec. Sec. 63.3005-63.3079  [Reserved]

[[Page 552]]



   Sec. Table 1 to Subpart HHHH of Part 63--Minimum Requirements for 
                      Monitoring and Recordkeeping

    As stated in Sec. 63.2998(c), you must comply with the minimum 
requirements for monitoring and recordkeeping in the following table:

------------------------------------------------------------------------
   You must monitor these                            And record for the
         parameters:           At this frequency:   monitored parameter:
------------------------------------------------------------------------
1. Thermal oxidizer           Continuously........  15-minute and 3-hour
 temperature \1\ \4\.                                block averages.
2. Other process or control   As specified in your  As specified in your
 device parameters specified   OMM plan.             OMM plan.
 in your OMM plan \2\ \4\.
3. Urea-formaldehyde resin    On each operating     The average lb/h
 solids application rate \4\.  day, calculate the    value for each
                               average lb/h          product
                               application rate      manufactured during
                               for each product      the day.
                               manufactured during
                               that day.
4. Resin free-formaldehyde    For each lot of       The value for each
 content \4\.                  resin purchased.      lot used during the
                                                     operating day.
5. Loss-on-ignition \3\ \4\.  Measured at least     The value for each
                               once per day, for     product
                               each product          manufactured during
                               manufactured during   the operating day.
                               that day.
6. UF-to-latex ratio in the   For each batch of     The value for each
 binder \3\ \4\.               binder prepared the   batch of binder
                               operating day.        prepared during the
                                                     operating day.
7. Weight of the final mat    Each product          The value for each
 product per square (lb/       manufactured during   product
 roofing square) \3\ \4\.      the operating day.    manufactured during
                                                     the operating day.
8. Average nonwoven wet-      For each product      The average value
 formed fiberglass mat         manufactured during   for each product
 production rate (roofing      the operating day.    manufactured during
 square/h) \3\ \4\.                                  operating day.
------------------------------------------------------------------------
\1\ Required if a thermal oxidizer is used to control formaldehyde
  emissions.
\2\ Required if process modifications or a control device other than a
  thermal oxidizer is used to control formaldehyde emissions.
\3\ These parameters must be monitored and values recorded, but no
  operating limits apply.
\4\ You are not required to monitor or record these parameters during
  periods when using a non-HAP binder. If you do not monitor these
  parameters during periods when using a non-HAP binder, you must record
  the dates and times that production of mat using the non-HAP binder
  began and ended.


[84 FR 6697, Feb. 28, 2019]



   Sec. Table 2 to Subpart HHHH of Part 63--Applicability of General 
         Provisions (40 CFR Part 63, Subpart A) to Subpart HHHH

    As stated in Sec. 63.3001, you must comply with the applicable 
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement        Applies to subpart HHHH        Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(4)................  General Applicability..  Yes.
Sec. 63.1(a)(5)....................  .......................  No.....................  [Reserved].
Sec. 63.1(a)(6)-(8)................  .......................  Yes.
Sec. 63.1(a)(9)....................  .......................  No.....................  [Reserved].
Sec. 63.1(a)(10)-(14)..............  .......................  Yes.
Sec. 63.1(b).......................  Initial Applicability    Yes.
                                        Determination.
Sec. 63.1(c)(1)....................  Applicability After      Yes.
                                        Standard Established.
Sec. 63.1(c)(2)....................  .......................  Yes....................  Some plants may be area
                                                                                          sources.
Sec. 63.1(c)(3)....................  .......................  No.....................  [Reserved].
Sec. 63.1(c)(4)-(5)................  .......................  Yes.
Sec. 63.1(c)(6)....................  Reclassification.......  Yes.
Sec. 63.1(d).......................  .......................  No.....................  [Reserved].
Sec. 63.1(e).......................  Applicability of Permit  Yes.
                                        Program.
Sec. 63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                          in Sec. 63.3004.
Sec. 63.3..........................  Units and Abbreviations  Yes.
Sec. 63.4(a)(1)-(3)................  Prohibited Activities..  Yes.
Sec. 63.4(a)(4)....................  .......................  No.....................  [Reserved].
Sec. 63.4(a)(5)....................  .......................  Yes.
Sec. 63.4(b)-(c)...................  Circumvention/           Yes.
                                        Severability.
Sec. 63.5(a).......................  Construction/            Yes.
                                        Reconstruction.
Sec. 63.5(b)(1)....................  Existing/Constructed/    Yes.
                                        Reconstruction.
Sec. 63.5(b)(2)....................  .......................  No.....................  [Reserved].
Sec. 63.5(b)(3)-(6)................  .......................  Yes.
Sec. 63.5(c).......................  .......................  No.....................  [Reserved].
Sec. 63.5(d).......................  Application for          Yes.
                                        Approval of
                                        Construction/
                                        Reconstruction.
Sec. 63.5(e).......................  Approval of              Yes.
                                        Construction/
                                        Reconstruction.

[[Page 553]]

 
Sec. 63.5(f).......................  Approval of              Yes.
                                        Construction/
                                        Reconstruction Based
                                        on State Review.
Sec. 63.6(a).......................  Compliance with          Yes.
                                        Standards and
                                        Maintenance--Applicabi
                                        lity.
Sec. 63.6(b)(1)-(5)................  New and Reconstructed    Yes.
                                        Sources-Dates.
Sec. 63.6(b)(6)....................  .......................  No.....................  [Reserved].
Sec. 63.6(b)(7)....................  .......................  Yes.
Sec. 63.6(c)(1)-(2)................  Existing Sources Dates.  Yes....................  Sec. 63.2985
                                                                                          specifies dates.
Sec. 63.6(c)(3)-(4)................  .......................  No.....................  [Reserved].
Sec. 63.6(c)(5)....................  .......................  Yes.
Sec. 63.6(d).......................  .......................  No.....................  [Reserved].
Sec. 63.6(e)(1)(i).................  General Duty to          No, for new or           See Sec. 63.2986(g)
                                        Minimize Emissions.      reconstructed sources    for general duty
                                                                 which commenced          requirement.
                                                                 construction or
                                                                 reconstruction after
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.6(e)(1)(ii)................  Requirement to Correct   No, for new or
                                        Malfunctions As Soon     reconstructed sources
                                        As Possible.             which commenced
                                                                 construction or
                                                                 reconstruction after
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.6(e)(1)(iii)...............  Operation and            Yes....................  Sec. Sec. 63.2984
                                        Maintenance                                       and 63.2987 specify
                                        Requirements.                                     additional
                                                                                          requirements.
Sec. 63.6(e)(2)....................  .......................  No.....................  [Reserved].
Sec. 63.6(e)(3)....................  SSM Plan Requirements..  No, for new or
                                                                 reconstructed sources
                                                                 which commenced
                                                                 construction or
                                                                 reconstruction after
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.6(f)(1)....................  SSM Exemption..........  No, for new or
                                                                 reconstructed sources
                                                                 which commenced
                                                                 construction or
                                                                 reconstruction after
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.6(f)(2) and (3)............  Compliance with Non-     Yes.
                                        Opacity Emission
                                        Standards.
Sec. 63.6(g).......................  Alternative Non-Opacity  Yes....................  EPA retains approval
                                        Emission Standard.                                authority.
Sec. 63.6(h).......................  Compliance with Opacity/ No.....................  Subpart HHHH does not
                                        Visible Emissions                                 specify opacity or
                                        Standards.                                        visible emission
                                                                                          standards.
Sec. 63.6(i)(1)-(14)...............  Extension of Compliance  Yes.
Sec. 63.6(i)(15)...................  .......................  No.....................  [Reserved].
Sec. 63.6(i)(16)...................  .......................  Yes.
Sec. 63.6(j).......................  Exemption from           Yes.
                                        Compliance.
Sec. 63.7(a).......................  Performance Test         Yes.
                                        Requirements--Applicab
                                        ility and Dates.
Sec. 63.7(b).......................  Notification of          Yes.
                                        Performance Test.
Sec. 63.7(c).......................  Quality Assurance        Yes.
                                        Program/Test Plan.
Sec. 63.7(d).......................  Testing Facilities.....  Yes.

[[Page 554]]

 
Sec. 63.7(e)(1)....................  Performance Testing....  No, for new or           See Sec. 63.2992(c).
                                                                 reconstructed sources
                                                                 which commenced
                                                                 construction or
                                                                 reconstruction after
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.7(e)(2)-(4)................  Conduct of Tests.......  Yes....................  Sec. Sec. 63.2991-
                                                                                          63.2994 specify
                                                                                          additional
                                                                                          requirements.
Sec. 63.7(f).......................  Alternative Test Method  Yes....................  EPA retains approval
                                                                                          authority
Sec. 63.7(g).......................  Data Analysis..........  Yes.
Sec. 63.7(h).......................  Waiver of Tests........  Yes.
Sec. 63.8(a)(1)-(2)................  Monitoring               Yes.
                                        Requirements--Applicab
                                        ility.
Sec. 63.8(a)(3)....................  .......................  No.....................  [Reserved].
Sec. 63.8(a)(4)....................  .......................  Yes.
Sec. 63.8(b).......................  Conduct of Monitoring..  Yes.
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
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.8(c)(1)(ii)................  Continuous Monitoring    Yes.
                                        System (CMS) Operation
                                        and Maintenance.
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
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.8(c)(2)-(4)................  .......................  Yes.
Sec. 63.8(c)(5)....................  Continuous Opacity       No.....................  Subpart HHHH does not
                                        Monitoring System                                 specify opacity or
                                        (COMS) Procedures.                                visible emission
                                                                                          standards.
Sec. 63.8(c)(6)-(8)................  .......................  Yes.
Sec. 63.8(d)(1) and (2)............  Quality Control........  Yes.
Sec. 63.8(d)(3)....................  Written Procedures for   No, for new or           See Sec. 63.2994(a).
                                        CMS.                     reconstructed sources
                                                                 which commenced
                                                                 construction or
                                                                 reconstruction after
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.8(e).......................  CMS Performance          Yes.
                                        Evaluation.
Sec. 63.8(f)(1)-(5)................  Alternative Monitoring   Yes....................  EPA retains approval
                                        Method.                                           authority.
Sec. 63.8(f)(6)....................  Alternative to Relative  No.....................  Subpart HHHH does not
                                        Accuracy Test.                                    require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems
                                                                                          (CEMS).
Sec. 63.8(g)(1)....................  Data Reduction.........  Yes.
Sec. 63.8(g)(2)....................  Data Reduction.........  No.....................  Subpart HHHH does not
                                                                                          require the use of
                                                                                          CEMS or COMS.
Sec. 63.8(g)(3)-(5)................  Data Reduction.........  Yes.
Sec. 63.9(a).......................  Notification             Yes.
                                        Requirements--Applicab
                                        ility.
Sec. 63.9(b).......................  Initial Notifications..  Yes.
Sec. 63.9(c).......................  Request for Compliance   Yes.
                                        Extension.
Sec. 63.9(d).......................  New Source Notification  Yes.
                                        for Special Compliance
                                        Requirements.
Sec. 63.9(e).......................  Notification of          Yes.
                                        Performance Test.

[[Page 555]]

 
Sec. 63.9(f).......................  Notification of Visible  No.....................  Subpart HHHH does not
                                        Emissions/Opacity Test.                           specify opacity or
                                                                                          visible emission
                                                                                          standards.
Sec. 63.9(g)(1)....................  Additional CMS           Yes.
                                        Notifications.
Sec. 63.9(g)(2)-(3)................  .......................  No.....................  Subpart HHHH does not
                                                                                          require the use of
                                                                                          COMS or CEMS.
Sec. 63.9(h)(1)-(3)................  Notification of          Yes....................  Sec. 63.3000(b)
                                        Compliance Status.                                specifies additional
                                                                                          requirements.
Sec. 63.9(h)(4)....................  .......................  No.....................  [Reserved].
Sec. 63.9(h)(5)-(6)................  .......................  Yes.
Sec. 63.9(i).......................  Adjustment of Deadlines  Yes.
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--Applicabili
                                        ty.
Sec. 63.10(b)(1)...................  General Recordkeeping    Yes....................  Sec. 63.2998 includes
                                        Requirements.                                     additional
                                                                                          requirements.
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
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.10(b)(2)(ii)...............  Recordkeeping of         No, for new or           See Sec. 63.2998(g)
                                        Failures to Meet a       reconstructed sources    for recordkeeping
                                        Standard.                which commenced          requirements for an
                                                                 construction or          affected source that
                                                                 reconstruction after     fails to meet an
                                                                 April 6, 2018. Yes,      applicable standard.
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.10(b)(2)(iii)..............  Maintenance Records....  Yes.
Sec. 63.10(b)(2)(iv) and (v).......  Actions Taken to         No, for new or
                                        Minimize Emissions       reconstructed sources
                                        During SSM.              which commenced
                                                                 construction or
                                                                 reconstruction after
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.10(b)(2)(vi)...............  Recordkeeping for CMS    Yes.
                                        Malfunctions.
Sec. 63.10(b)(2)(vii)-(xiv)........  Other CMS Requirements.  Yes.
Sec. 63.10(b)(3)...................  Recordkeeping            Yes.
                                        requirement for
                                        applicability
                                        determinations.
Sec. 63.10(c)(1)...................  Additional CMS           Yes.
                                        Recordkeeping.
Sec. 63.10(c)(2)-(4)...............  .......................  No.....................  [Reserved].
Sec. 63.10(c)(5)-(8)...............  .......................  Yes.
Sec. 63.10(c)(9)...................  .......................  No.....................  [Reserved].
Sec. 63.10(c)(10)-(14).............  .......................  Yes.
Sec. 63.10(c)(15)..................  Use of SSM Plan........  No, for new or
                                                                 reconstructed sources
                                                                 which commenced
                                                                 construction or
                                                                 reconstruction after
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.10(d)(1)...................  General Reporting        Yes....................  Sec. 63.3000 includes
                                        Requirements.                                     additional
                                                                                          requirements.
Sec. 63.10(d)(2)...................  Performance Test         Yes....................  Sec. 63.3000 includes
                                        Results.                                          additional
                                                                                          requirements.
Sec. 63.10(d)(3)...................  Opacity or Visible       No.....................  Subpart HHHH does not
                                        Emissions Observations.                           specify opacity or
                                                                                          visible emission
                                                                                          standards.
Sec. 63.10(d)(4)...................  Progress Reports Under   Yes.
                                        Extension of
                                        Compliance.

[[Page 556]]

 
Sec. 63.10(d)(5)...................  SSM Reports............  No, for new or           See Sec. 63.3000(c)
                                                                 reconstructed sources    for malfunction
                                                                 which commenced          reporting
                                                                 construction or          requirements.
                                                                 reconstruction after
                                                                 April 6, 2018. Yes,
                                                                 for all other affected
                                                                 sources before August
                                                                 28, 2019, and No
                                                                 thereafter.
Sec. 63.10(e)(1)...................  Additional CMS Reports-- No.....................  Subpart HHHH does not
                                        General.                                          require CEMS.
Sec. 63.10(e)(2)...................  Reporting results of     Yes.
                                        CMS performance
                                        evaluations..
Sec. 63.10(e)(3)...................  Excess Emission/CMS      Yes.
                                        Performance Reports..
Sec. 63.10(e)(4)...................  COMS Data Reports......  No.....................  Subpart HHHH does not
                                                                                          specify opacity or
                                                                                          visible emission
                                                                                          standards.
Sec. 63.10(f)......................  Recordkeeping/Reporting  Yes....................  EPA retains approval
                                        Waiver.                                           authority.
Sec. 63.11.........................  Control Device           No.....................  Facilities subject to
                                        Requirements--Applicab                            subpart HHHH do not
                                        ility..                                           use flares as control
                                                                                          devices.
Sec. 63.12.........................  State Authority and      Yes.
                                        Delegations.
Sec. 63.13.........................  Addresses..............  Yes.
Sec. 63.14.........................  Incorporation by         Yes....................  See Sec. 63.14(b)(2)
                                        Reference.                                        and (3) for
                                                                                          applicability
                                                                                          requirements.
Sec. 63.15.........................  Availability of          Yes.                     .......................
                                        Information/
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------


[84 FR 6697, Feb. 28, 2019, as amended at 85 FR 73904, Nov. 19, 2020]



Sec. Appendix A to Subpart HHHH of Part 63--Method for Determining Free-
   Formaldehyde in Urea-Formaldehyde Resins by Sodium Sulfite (Iced & 
                                 Cooled)

                                1.0 Scope

    This procedure corresponds to the Housing and Urban Development 
method of determining free-formaldehyde in urea-formaldehyde resins. 
This method applies to samples that decompose to yield formaldehyde 
under the conditions of other free-formaldehyde methods. The primary use 
is for urea-formaldehyde resins.

                       2.0 Part A--Testing Resins

    Formaldehyde will react with sodium sulfite to form the sulfite 
addition products and liberate sodium hydroxide (NaOH); however, at room 
temperature, the methanol groups present will also react to liberate 
NaOH. Titrate at 0 degrees Celsius ([deg]C) to minimize the reaction of 
the methanol groups.
    2.1 Apparatus Required.
    2.1.1 Ice crusher.
    2.1.2 One 100-milliliter (mL) graduated cylinder.
    2.1.3 Three 400-mL beakers.
    2.1.4 One 50-mL burette.
    2.1.5 Analytical balance accurate to 0.1 milligrams (mg).
    2.1.6 Magnetic stirrer.
    2.1.7 Magnetic stirring bars.
    2.1.8 Disposable pipettes.
    2.1.9 Several 5-ounce (oz.) plastic cups.
    2.1.10 Ice cube trays (small cubes).
    2.2 Materials Required.
    2.2.1 Ice cubes (made with distilled water).
    2.2.2 A solution of 1 molar (M) sodium sulfite 
(Na2SO3) (63 grams (g) 
Na2SO3/500 mL water (H2O) neutralized 
to thymolphthalein endpoint).
    2.2.3 Standardized 0.1 normal (N) hydrochloric acid (HCl).
    2.2.4 Thymolphthalein indicator (1.0 g thymolphthalein/199 g 
methanol).
    2.2.5 Sodium chloride (NaCl) (reagent grade).
    2.2.6 Sodium hydroxide (NaOH).
    2.3 Procedure.
    2.3.1 Prepare sufficient quantity of crushed ice for three 
determinations (two trays of cubes).
    2.3.2 Put 70 cubic centimeters (cc) of 1 M 
Na2SO3 solution into a 400-mL beaker. Begin 
stirring and add approximately 100 g of crushed ice and 2 g of NaCl. 
Maintain 0 [deg]C during test, adding ice as necessary.
    2.3.3 Add 10-15 drops of thymolphthalein indicator to the chilled 
solution. If the solution remains clear, add 0.1 N NaOH until the 
solution turns blue; then add 0.1 N HCl back to the colorless endpoint. 
If the solution turns blue upon adding the indicator, add 0.1 N HCl to 
the colorless endpoint.

[[Page 557]]

    2.3.4 On the analytical balance, accurately weigh the amount of 
resin indicated under the ``Resin Sample Size'' chart (see below) as 
follows.

                            Resin Sample Size
------------------------------------------------------------------------
                                                                Sample
               Approximate free HCHO (percent)                  weight
                                                               (gram(s))
------------------------------------------------------------------------
<0.5........................................................          10
0.5-1.0.....................................................           5
1.0-3.0.....................................................           2
3.0.........................................................           1
------------------------------------------------------------------------

    2.3.4.1 Pour about 1 inch of resin into a 5 oz. plastic cup.
    2.3.4.2 Determine the gross weight of the cup, resin, and disposable 
pipette (with the narrow tip broken off) fitted with a small rubber 
bulb.
    2.3.4.3 Pipette out the desired amount of resin into the stirring, 
chilled solution (approximately 1.5 to 2 g per pipette-full).
    2.3.4.4 Quickly reweigh the cup, resin, and pipette with the bulb.
    2.3.4.5 The resultant weight loss equals the grams of resin being 
tested.
    2.3.5 Rapidly titrate the solution with 0.1 N HCl to the colorless 
endpoint described in Step 3 (2.3.3).
    2.3.6 Repeat the test in triplicate.
    2.4 Calculation.
    2.4.1 The percent free-formaldehyde (%HCHO) is calculated as 
follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.024

    2.4.2 Compute the average percent free-formaldehyde of the three 
tests.
    (Note: If the results of the three tests are not within a range of 
0.5 percent or if the average of the three tests 
does not meet expected limits, carry out Part B and then repeat Part A.)

                       3.0 Part B--Standard Check

    Part B ensures that test reagents used in determining percent free-
formaldehyde in urea-formaldehyde resins are of proper concentration and 
that operator technique is correct. Should any doubts arise in either of 
these areas, the formaldehyde standard solution test should be carried 
out.
    3.1 Preparation and Standardization of a 1 Percent Formalin 
Solution.
    Prepare a solution containing approximately 1 percent formaldehyde 
from a stock 37 percent formalin solution. Standardize the prepared 
solution by titrating the hydroxyl ions resulting from the formation of 
the formaldehyde bisulfite complex.
    3.2 Apparatus Required.

    Note: All reagents must be American Chemical Society analytical 
reagent grade or better.

    3.2.1 One 1-liter (L) volumetric flask (class A).
    3.2.2 One 250-mL volumetric flask (class A).
    3.2.3 One 250-mL beaker.
    3.2.4 One 100-mL pipette (class A).
    3.2.5 One 10-mL pipette (class A).
    3.2.6 One 50-mL graduated cylinder (class A).
    3.2.7 A pH meter, standardized using pH 7 and pH 10 buffers.
    3.2.8 Magnetic stirrer.
    3.2.9 Magnetic stirring bars.
    3.2.10 Several 5-oz. plastic cups.
    3.2.11 Disposal pipettes.
    3.2.12 Ice cube trays (small cubes).
    3.3 Materials Required.
    3.3.1 A solution of 37 percent formalin.
    3.3.2 Anhydrous Na2SO3.
    3.3.3 Distilled water.
    3.3.4 Standardized 0.100 N HCl.
    3.3.5 Thymolphthalein indicator (1.0 g thymolphthalein/199 g 
methanol).
    3.4 Preparation of Solutions and Reagents.
    3.4.1 Formaldehyde Standard Solution (approximately 1 percent). 
Measure, using a graduated cylinder, 27.0 mL of analytical reagent 37 
percent formalin solution into a 1-L volumetric flask. Fill the flask to 
volume with distilled water.
    (Note: You must standardize this solution as described in section 
3.5. This solution is stable for 3 months.)
    3.4.2 Sodium Sulfite Solution 1.0 M (used for standardization of 
Formaldehyde Standard Solution). Quantitatively transfer, using 
distilled water as the transfer solvent, 31.50 g of anhydrous 
Na2SO3 into a 250-mL volumetric flask. Dissolve in 
approximately 100 mL of distilled water and fill to volume.
    (Note: You must prepare this solution daily, but the calibration of 
the Formaldehyde Standard Solution needs to be done only once.)
    3.4.3 Hydrochloric Acid Standard Solution 0.100 M. This reagent 
should be readily available as a primary standard that only needs to be 
diluted.
    3.5 Standardization.
    3.5.1 Standardization of Formaldehyde Standard Solution.

[[Page 558]]

    3.5.1.1 Pipette 100.0 mL of 1 M sodium sulfite into a stirred 250-mL 
beaker.
    3.5.1.2 Using a standardized pH meter, measure and record the pH. 
The pH should be around 10. It is not essential the pH be 10; however, 
it is essential that the value be accurately recorded.
    3.5.1.3 To the stirring Na2SO3 solution, 
pipette in 10.0 mL of Formaldehyde Standard Solution. The pH should rise 
sharply to about 12.
    3.5.1.4 Using the pH meter as a continuous monitor, titrate the 
solution back to the original exact pH using 0.100 N HCl. Record the 
milliliters of HCl used as titrant. (Note: Approximately 30 to 35 mL of 
HCl will be required.)
    3.5.1.5 Calculate the concentration of the Formaldehyde Standard 
Solution using the equation as follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.025

    3.6 Procedure.
    3.6.1 Prepare a sufficient quantity of crushed ice for three 
determinations (two trays of cubes).
    3.6.2 Put 70 cc of 1 M Na2SO3 solution into a 
400-mL beaker. Begin stirring and add approximately 100 g of crushed ice 
and 2 g NaCl. Maintain 0 [deg]C during the test, adding ice as 
necessary.
    3.6.3 Add 10-15 drops of thymolphthalein indicator to the chilled 
solution. If the solution remains clear, add 0.1 N NaOH until the 
solution turns blue; then add 0.1 N HCl back to the colorless endpoint. 
If the solution turns blue upon adding the indicator, add 0.1 N HCl to 
the colorless endpoint.
    3.6.4 On the analytical balance, accurately weigh a sample of 
Formaldehyde Standard Solution as follows.
    3.6.4.1 Pour about 0.5 inches of Formaldehyde Standard Solution into 
a 5-oz. plastic cup.
    3.6.4.2 Determine the gross weight of the cup, Formaldehyde Standard 
Solution, and a disposable pipette fitted with a small rubber bulb.
    3.6.4.3 Pipette approximately 5 g of the Formaldehyde Standard 
Solution into the stirring, chilled Na2SO3 
solution.
    3.6.4.4 Quickly reweigh the cup, Formaldehyde Standard Solution, and 
pipette with the bulb.
    3.6.4.5 The resultant weight loss equals the grams of Formaldehyde 
Standard Solution being tested.
    3.6.5 Rapidly titrate the solution with 0.1 N HCl to the colorless 
endpoint in Step 3 (3.6.3).
    3.6.6 Repeat the test in triplicate.
    3.7 Calculation for Formaldehyde Standard Solution.
    3.7.1 The percent free-formaldehyde (% HCHO) is calculated as 
follows:
[GRAPHIC] [TIFF OMITTED] TR11AP02.026

    3.7.2 The range of the results of three tests should be no more than 
5 percent of the actual Formaldehyde Standard 
Solution concentration. Report results to two decimal places.
    3.8 Reference.
    West Coast Adhesive Manufacturers Trade Association Test 10.1.



Sec. Appendix B to Subpart HHHH of Part 63--Method for the Determination 
                           of Loss-on-Ignition

                               1.0 Purpose

    The purpose of this test is to determine the loss-on-ignition (LOI) 
of wet-formed fiberglass mat.

                              2.0 Equipment

    2.1 Scale sensitive to 0.001 gram (g).
    2.2 Drying oven equipped with a means of constant temperature 
regulation and mechanical air convection.
    2.3 Furnace designed to heat to at least 625 [deg]C (1,157 [deg]F) 
and controllable to 25 [deg]C (45 [deg]F).
    2.4 Crucible, high form, 250 milliliter (mL).
    2.5 Desiccator.
    2.6 Pan balance (see Note 2 in 4.9)

                     3.0 Sample Collection Procedure

    3.1 Obtain a sample of mat in accordance with Technical Association 
of the Pulp and Paper Industry (TAPPI) method 1007 ``Sample Location.''
    3.2 Use a 5- to 10-g sample cut into pieces small enough to fit into 
the crucible.
    3.3 Place the sample in the crucible. (Note 1: To test without the 
use of a crucible, see Note 2 after Section 4.8.)
    3.4 Condition the sample in the furnace set at 105 3 [deg]C (221 9 [deg]F) for 5 
minutes 30 seconds.

[[Page 559]]

                              4.0 Procedure

    4.1 Condition each sample by drying for 5 minutes 30 seconds at 105 3 [deg]C (22 
5 [deg]F).
    4.2 Remove the test sample from the furnace and cool in the 
desiccator for 30 minutes in the standard atmosphere for testing glass 
textiles.
    4.3 Place the empty crucible in the furnace at 625 25 [deg]C (1,157 45 [deg]F). After 
30 minutes, remove and cool the crucible in the standard atmosphere 
(TAPPI method 1008) for 30 minutes.
    4.4 Identify each crucible with respect to each test sample of mat.
    4.5 Weigh the empty crucible to the nearest 0.001 g. Record this 
weight as the tare mass, T.
    4.6 Place the test sample in the crucible and weigh to the nearest 
0.001 g. Record this weight as the initial mass, A.
    4.7 Place the test sample and crucible in the furnace and ignite at 
625 25 [deg]C (1,157 45 
[deg]F).
    4.8 After ignition for at least 30 minutes, remove the test sample 
and crucible from the furnace and cool in the desiccator for 30 minutes 
in the standard atmosphere (TAPPI method 1008).
    4.9 Remove each crucible, and test each sample separately from the 
desiccator, and immediately weigh each sample to the nearest 0.001 g. 
Record this weight as the ignited mass, B. (Note 2: When it is known 
that no ash residue separates from the test sample during the weighing 
and igniting processes, you may weigh the sample separately without the 
crucible. When this occurs, the tare mass (T) equals zero. With 
appropriate care, you can dry and weigh a single piece of mat and place 
with tongs into the ignition oven on appropriate refractory supports. 
When the ignition time is over, remove the sample as an intact fragile 
web and weigh it directly on a pan balance.)

                             5.0 Calculation

    5.1 Calculate the LOI for each sample as follows:
    [GRAPHIC] [TIFF OMITTED] TR11AP02.027
    
Where:

A = initial mass of crucible and sample before ignition (g);
B = mass of crucible and glass residue after ignition (g); and
T = tare mass of crucible, (g) (see Note 2).

    5.2 Report the percent LOI of the glass mat to the nearest 0.1 
percent.

                              6.0 Precision

    The repeatability of this test method for measurements on adjacent 
specimens from the same sample of mat is better than 1 percent.



 Subpart IIII_National Emission Standards for Hazardous Air Pollutants: 
          Surface Coating of Automobiles and Light-Duty Trucks

    Source: 69 FR 22623, Apr. 26, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.3080  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for facilities which surface coat new automobile 
or new light-duty truck bodies or body parts for new automobiles or new 
light-duty trucks. This subpart also establishes NESHAP for facilities 
which surface coat new other motor vehicle bodies or body parts for new 
other motor vehicles which you choose to include in your affected source 
pursuant to Sec. 63.3082(c). This subpart also establishes requirements 
to demonstrate initial and continuous compliance with the emission 
limitations.

[71 FR 76926, Dec. 22, 2006]



Sec. 63.3081  Am I subject to this subpart?

    (a) Except as provided in paragraph (c) of this section, the source 
category to which this subpart applies is automobile and light-duty 
truck surface coating.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec. 63.3082, 
that, except as noted in paragraph (b)(1) of this section, is located at 
a facility which applies topcoat to new automobile or new light-duty 
truck bodies or body parts for new automobiles or new light-duty trucks, 
and that is a major source, is located at a major source, or is part of 
a major source of emissions of hazardous air pollutants (HAP). You are 
subject to this subpart if you own or operate a new, reconstructed, or 
existing affected source, as defined in Sec. 63.3082, in which you 
choose to include, pursuant to Sec. 63.3082(c), any coating operations 
which apply coatings to new other motor vehicle bodies or body parts for 
new other motor vehicles;

[[Page 560]]

parts intended for use in new automobiles, new light-duty trucks, or new 
other motor vehicles; or aftermarket repair or replacement parts for 
automobiles, light-duty trucks, or other motor vehicles; and the 
affected source is located at a facility that is a major source, is 
located at a major source, or is part of a major source of emissions of 
HAP. 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 any single HAP at a rate 
of 9.07 megagrams (Mg) (10 tons) or more per year or any combination of 
HAP at a rate of 22.68 Mg (25 tons) or more per year.
    (1) You are not subject to this subpart if you meet all of the 
criteria of paragraphs (b)(1)(i) through (iii) of this section:
    (i) Your coating operation is located at a plastic or composites 
molding facility;
    (ii) All of the body parts topcoated at your facility for use in new 
automobiles or new light-duty trucks were fabricated (molded, stamped, 
formed, etc.) at your facility or at another plastic or composites 
molding facility which you own or operate, and none of the new vehicles 
in which these body parts are used are assembled at your facility; and
    (iii) You do not topcoat all of the body parts for any single new 
automobile or new light-duty truck at your facility.
    (2) [Reserved]
    (c) This subpart does not apply to surface coating, surface 
preparation, or cleaning activities that meet the criteria of paragraph 
(c)(1) or (2) of this section.
    (1) Surface coating subject to any other NESHAP in this part as of 
June 25, 2004 except as provided in Sec. 63.3082(c).
    (2) Surface coating that occurs during research or laboratory 
activities or that is part of janitorial, building, and facility 
maintenance operations, including maintenance spray booths used for 
painting production equipment, furniture, signage, etc., for use within 
the plant.

[57 FR 61992, Dec. 29, 1992, as amended at 72 FR 20233, Apr. 24, 2007]



Sec. 63.3082  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source.
    (b) The affected source is the collection of all of the items listed 
in paragraphs (b)(1) through (4) of this section that are used for 
surface coating of new automobile or new light-duty truck bodies, or 
body parts for new automobiles or new light-duty trucks:
    (1) All coating operations as defined in Sec. 63.3176.
    (2) All storage containers and mixing vessels in which coatings, 
thinners, and cleaning materials are stored or mixed.
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners, and cleaning materials.
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a coating 
operation.
    (c) In addition, you may choose to include in your affected source, 
and thereby make subject to the requirements of this subpart, any 
coating operations, as defined in Sec. 63.3176, which would otherwise 
be subject to the National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Miscellaneous Metal Parts and Products 
(subpart MMMM of this part) or the National Emission Standards for 
Hazardous Air Pollutants for Surface Coating of Plastic Parts and 
Products (subpart PPPP of this part) which apply coatings to new other 
motor vehicle bodies or body parts for new other motor vehicles, parts 
intended for use in new automobiles, new light-duty trucks, or new other 
motor vehicles, or aftermarket repair or replacement parts for 
automobiles, light-duty trucks, or other motor vehicles.
    (d) For all coating operations which you choose to add to your 
affected source pursuant to paragraph (c) of this section:
    (1) All associated storage containers and mixing vessels in which 
coatings,

[[Page 561]]

thinners, and cleaning materials are stored or mixed; manual and 
automated equipment and containers used for conveying coatings, 
thinners, and cleaning materials; and storage containers and manual and 
automated equipment and containers used for conveying waste materials 
are also included in your affected source and are subject to the 
requirements of this subpart.
    (2) All cleaning and purging of equipment associated with the added 
surface coating operations is subject to the requirements of this 
subpart.
    (3) You must identify and describe all additions to the affected 
source made pursuant to paragraph (c) of this section in the initial 
notification required in Sec. 63.3110(b).
    (e) An affected source is a new affected source if:
    (1) You commenced its construction after December 24, 2002; and
    (2) The construction is of a completely new automobile and light-
duty truck assembly plant, automobile and light-duty truck paint shop, 
automobile and light-duty truck topcoat operation, other motor vehicle 
assembly plant, other motor vehicle paint shop, or other motor vehicle 
topcoat operation where previously no automobile and light-duty truck 
assembly plant, automobile and light-duty truck assembly paint shop, or 
automobile and light-duty truck assembly topcoat operation had existed; 
and
    (i) No other motor vehicle assembly plant, other motor vehicle paint 
shop, or other motor vehicle topcoat operation had existed previously; 
or
    (ii) No previously existing other motor vehicle assembly plant, 
other motor vehicle paint shop, or other motor vehicle topcoat operation 
is subject to this subpart; or
    (iii) If the facility was previously not a major source for HAP, no 
previously existing other motor vehicle assembly plant, other motor 
vehicle paint shop, or other motor vehicle topcoat operation is made 
part of the affected source under this subpart.
    (f) An affected source is reconstructed if its paint shop undergoes 
replacement of components to such an extent that:
    (1) The fixed capital cost of the new components exceeded 50 percent 
of the fixed capital cost that would be required to construct a new 
paint shop; and
    (2) It was technologically and economically feasible for the 
reconstructed source to meet the relevant standards established by the 
Administrator pursuant to section 112 of the Clean Air Act (CAA).
    (g) An affected source is existing if it is not new or 
reconstructed.

[69 FR 22623, Apr. 26, 2004, as amended at 71 FR 76926, Dec. 22, 2006]



Sec. 63.3083  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source is 
specified in paragraphs (a) through (c) of this section. The compliance 
date begins the initial compliance period during which you conduct the 
initial compliance demonstrations described in Sec. Sec. 63.3150, 
63.3160, and 63.3170.
    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section:
    (1) If the initial startup of your new or reconstructed affected 
source is before June 25, 2004, the compliance date is June 25, 2004.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after June 25, 2004, the compliance date is the date of 
initial startup of your affected source.
    (b) For an existing affected source, the compliance date is April 
26, 2007.
    (c) For an area source that increases its emissions or its potential 
to emit such that it becomes a major source of HAP emissions, the 
compliance date is specified in paragraphs (c)(1) and (2) of this 
section.
    (1) For any portion of the source that becomes a new or 
reconstructed affected source subject to this subpart, the compliance 
date is the date of initial startup of the affected source or June 25, 
2004, whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area

[[Page 562]]

source becomes a major source or April 26, 2007, whichever is later.
    (d) You must meet the notification requirements in Sec. 63.3110 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

                          Emission Limitations



Sec. 63.3090  What emission limits must I meet for a new 
or reconstructed affected source?

    (a) Except as provided in paragraph (b) of this section, you must 
limit combined organic HAP emissions to the atmosphere from 
electrodeposition primer, primer-surfacer, topcoat, final repair, glass 
bonding primer and glass bonding adhesive operations plus all coatings 
and thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec. 
63.3082(c) to no more than 0.036 kilogram (kg)/liter (0.30 pound (lb)/
gallon (gal)) of coating solids deposited during each month, determined 
according to the requirements in Sec. 63.3161.
    (b) If you meet the operating limits of Sec. 63.3092(a) or (b), you 
must either meet the emission limits of paragraph (a) of this section or 
limit combined organic HAP emissions to the atmosphere from primer-
surfacer, topcoat, final repair, glass bonding primer, and glass bonding 
adhesive operations plus all coatings and thinners, except for deadener 
materials and for adhesive and sealer materials that are not components 
of glass bonding systems, used in coating operations added to the 
affected source pursuant to Sec. 63.3082(c) to no more than 0.060 kg/
liter (0.50 lb/gal) of applied coating solids used during each month, 
determined according to the requirements in Sec. 63.3171. If you do not 
have an electrodeposition primer system, you must limit combined organic 
HAP emissions to the atmosphere from primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive operations plus 
all coatings and thinners, except for deadener materials and for 
adhesive and sealer materials that are not components of glass bonding 
systems, used in coating operations added to the affected source 
pursuant to Sec. 63.3082(c) to no more than 0.060 kg/liter (0.50 lb/
gal) of applied coating solids used during each month, determined 
according to the requirements in Sec. 63.3171.
    (c) You must limit average organic HAP emissions from all adhesive 
and sealer materials other than materials used as components of glass 
bonding systems to no more than 0.010 kg/kg (lb/lb) of adhesive and 
sealer material used during each month.
    (d) You must limit average organic HAP emissions from all deadener 
materials to no more than 0.010 kg/kg (lb/lb) of deadener material used 
during each month.
    (e) For coatings and thinners used in coating operations added to 
the affected source pursuant to Sec. 63.3082(c):
    (1) Adhesive and sealer materials that are not components of glass 
bonding systems are subject to and must be included in your 
demonstration of compliance for paragraph (c) of this section.
    (2) Deadener materials are subject to and must be included in your 
demonstration of compliance for paragraph (d) of this section.
    (3) All other coatings and thinners are subject to and must be 
included in your demonstration of compliance for paragraphs (a) or (b) 
of this section.
    (f) If your facility has multiple paint lines (e.g., two or more 
totally distinct paint lines each serving a distinct assembly line, or a 
facility with two or more paint lines sharing the same paint kitchen or 
mix room), then for the operations addressed in paragraphs (a) and (b) 
of this section:
    (1) You may choose to use a single grouping under paragraph (a) of 
this section for all of your electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations.
    (2) You may choose to use a single grouping under paragraph (b) of 
this section for all of your primer-surfacer, topcoat, final repair, 
glass bonding primer, and glass bonding adhesive operations as long as 
each of your electrodeposition primer systems

[[Page 563]]

meets the operating limits of Sec. 63.3092(a) or (b).
    (3) You may choose to use one or more groupings under paragraph (a) 
of this section for the electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations from one or more of your paint lines; and one or more 
groupings under paragraph (b) of this section for the primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations from the remainder of your paint lines, as long as each 
electrodeposition primer system associated with each paint line you 
include in a grouping under paragraph (b) of this section meets the 
operating limits of Sec. 63.3092(a) or (b). For example, if your 
facility has three paint lines, you may choose to use one grouping under 
paragraph (a) of this section for two of the paint lines; and a separate 
grouping under paragraph (b) of this section for the third paint line, 
as long as the electrodeposition primer system associated with the paint 
line you include in the grouping under paragraph (b) of this section 
meets the operating limits of Sec. 63.3092(a) or (b). Alternatively, 
you may choose to use one grouping for two of the paint lines and a 
separate grouping of the same type for the third paint line. Again, each 
electrodeposition primer system associated with each paint line you 
include in a grouping under paragraph (b) of this section must meet the 
operating limits of Sec. 63.3092(a) or (b).
    (4) You may choose to consider the electrodeposition primer, primer-
surfacer, topcoat, final repair, glass bonding primer, and glass bonding 
adhesive operations from each of your paint lines as a separate grouping 
under either paragraph (a) or paragraph (b) of this section. The 
electrodeposition primer system associated with each paint line you 
choose to consider in a grouping under paragraph (b) of this section 
must meet the operating limits of Sec. 63.3092(a) or (b). For example, 
if your facility has two paint lines, you may choose to use the grouping 
under paragraph (a) of this section for one paint line and the grouping 
under paragraph (b) of this section for the other paint line.



Sec. 63.3091  What emission limits must I meet for an existing affected source?

    (a) Except as provided in paragraph (b) of this section, you must 
limit combined organic HAP emissions to the atmosphere from 
electrodeposition primer, primer-surfacer, topcoat, final repair, glass 
bonding primer, and glass bonding adhesive operations plus all coatings 
and thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec. 
63.3082(c) to no more than 0.072 kg/liter (0.60 lb/gal) of coating 
solids deposited during each month, determined according to the 
requirements in Sec. 63.3161.
    (b) If you meet the operating limits of Sec. 63.3092(a) or (b), you 
must either meet the emission limits of paragraph (a) of this section or 
limit combined organic HAP emissions to the atmosphere from primer-
surfacer, topcoat, final repair, glass bonding primer, and glass bonding 
adhesive operations plus all coatings and thinners, except for deadener 
materials and for adhesive and sealer materials that are not components 
of glass bonding systems, used in coating operations added to the 
affected source pursuant to Sec. 63.3082(c) to no more than 0.132 kg/
liter (1.10 lb/gal) of coating solids deposited during each month, 
determined according to the requirements in Sec. 63.3171. If you do not 
have an electrodeposition primer system, you must limit combined organic 
HAP emissions to the atmosphere from primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive operations plus 
all coatings and thinners, except for deadener materials and for 
adhesive and sealer materials that are not components of glass bonding 
systems, used in coating operations added to the affected source 
pursuant to Sec. 63.3082(c) to no more than 0.132 kg/liter (1.10 lb/
gal) of coating solids deposited during each month, determined according 
to the requirements in Sec. 63.3171.
    (c) You must limit average organic HAP emissions from all adhesive 
and sealer materials other than materials used as components of glass 
bonding systems to no more than 0.010 kg/kg

[[Page 564]]

(lb/lb) of adhesive and sealer material used during each month.
    (d) You must limit average organic HAP emissions from all deadener 
materials to no more than 0.010 kg/kg (lb/lb) of deadener material used 
during each month.
    (e) For coatings and thinners used in coating operations added to 
the affected source pursuant to Sec. 63.3082(c):
    (1) Adhesive and sealer materials that are not components of glass 
bonding systems are subject to and must be included in your 
demonstration of compliance for paragraph (c) of this section.
    (2) Deadener materials are subject to and must be included in your 
demonstration of compliance for paragraph (d) of this section.
    (3) All other coatings and thinners are subject to and must be 
included in your demonstration of compliance for paragraphs (a) or (b) 
of this section.
    (f) If your facility has multiple paint lines (e.g., two or more 
totally distinct paint lines each serving a distinct assembly line, or a 
facility with two or more paint lines sharing the same paint kitchen or 
mix room), then for the operations addressed in paragraphs (a) and (b) 
of this section:
    (1) You may choose to use a single grouping under paragraph (a) of 
this section for all of your electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations.
    (2) You may choose to use a single grouping under paragraph (b) of 
this section for all of your primer-surfacer, topcoat, final repair, 
glass bonding primer, and glass bonding adhesive operations, as long as 
each of your electrodeposition primer systems meets the operating limits 
of Sec. 63.3092(a) or (b).
    (3) You may choose to use one or more groupings under paragraph (a) 
of this section for the electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations from one or more of your paint lines; and one or more 
groupings under paragraph (b) of this section for the primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations from the remainder of your paint lines, as long as each 
electrodeposition primer system associated with each paint line you 
include in a grouping under paragraph (b) of this section meets the 
operating limits of Sec. 63.3092(a) or (b). For example, if your 
facility has three paint lines, you may choose to use one grouping under 
paragraph (a) of this section for two of the paint lines and a separate 
grouping under paragraph (b) of this section for the third paint line, 
as long as the electrodeposition primer system associated with the paint 
line you include in the grouping under paragraph (b) of this section 
meets the operating limits of Sec. 63.3092(a) or (b). Alternatively, 
you may choose to use one grouping for two of the paint lines and a 
separate grouping of the same type for the third paint line. Again, each 
electrodeposition primer system associated with each paint line you 
include in a grouping under paragraph (b) of this section must meet the 
operating limits of Sec. 63.3092(a) or (b).
    (4) You may choose to consider the electrodeposition primer, primer-
surfacer, topcoat, final repair, glass bonding primer, and glass bonding 
adhesive operations from each of your paint lines as a separate grouping 
under either paragraph (a) or paragraph (b) of this section. The 
electrodeposition primer system associated with each paint line you 
choose to consider in a grouping under paragraph (b) of this section 
must meet the operating limits of Sec. 63.3092(a) or (b). For example, 
if your facility has two paint lines, you may choose to use the grouping 
under paragraph (a) of this section for one paint line and the grouping 
under paragraph (b) of this section for the other paint line.



Sec. 63.3092  How must I control emissions from my electrodeposition 
primer system if I want to comply with the combined primer-surfacer, 
topcoat, final 
          repair, glass bonding primer, and glass bonding adhesive 
          emission limit?

    If your electrodeposition primer system meets the requirements of 
either paragraph (a) or (b) of this section, you may choose to comply 
with the emission limits of Sec. 63.3090(b) or Sec. 63.3091(b)

[[Page 565]]

instead of the emission limits of Sec. 63.3090(a) or Sec. 63.3091(a).
    (a) Each individual material added to the electrodeposition primer 
system contains no more than:
    (1) 1.0 percent by weight of any organic HAP; and
    (b) Emissions from all bake ovens used to cure electrodeposition 
primers must be captured and ducted to a control device having a 
destruction or removal efficiency of at least 95 percent.

[69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41124, July 8, 2020]



Sec. 63.3093  What operating limits must I meet?

    (a) You are not required to meet any operating limits for any 
coating operation(s) without add-on controls, nor are you required to 
meet operating limits for any coating operation(s) that do not utilize 
emission capture systems and add-on controls to comply with the emission 
limits in Sec. 63.3090 or Sec. 63.3091.
    (b) Except as provided in paragraph (d) of this section, for any 
controlled coating operation(s), you must meet the operating limits 
specified in table 1 to this subpart. These operating limits apply to 
the emission capture and add-on control systems on the coating 
operation(s) for which you use this option, and you must establish the 
operating limits during performance tests according to the requirements 
in Sec. 63.3167. You must meet the operating limits at all times after 
you establish them.
    (c) If you choose to meet the emission limitations of Sec. 
63.3092(b) and the emission limits of Sec. 63.3090(b) or Sec. 
63.3091(b), then except as provided in paragraph (d) of this section, 
you must operate the capture system and add-on control device used to 
capture and control emissions from your electrodeposition primer bake 
oven(s) so that they meet the operating limits specified in Table 1 to 
this subpart.
    (d) If you use an add-on control device other than those listed in 
Table 1 to this subpart, or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).

[69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41125, July 8, 2020]



Sec. 63.3094  What work practice standards must I meet?

    (a) [Reserved]
    (b) You must develop and implement a work practice plan to minimize 
organic HAP emissions from the storage, mixing, and conveying of 
coatings, thinners, and cleaning materials used in, and waste materials 
generated by, all coating operations for which emission limits are 
established under Sec. 63.3090(a) through (d) or Sec. 63.3091(a) 
through (d). The plan must specify practices and procedures to ensure 
that, at a minimum, the elements specified in paragraphs (b)(1) through 
(5) of this section are implemented.
    (1) All organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be stored in closed containers.
    (2) The risk of spills of organic-HAP-containing coatings, thinners, 
cleaning materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners, cleaning materials, 
and waste materials must be conveyed from one location to another in 
closed containers or pipes.
    (4) Mixing vessels, other than day tanks equipped with continuous 
agitation systems, which contain organic-HAP-containing coatings and 
other materials must be closed except when adding to, removing, or 
mixing the contents.
    (5) Emissions of organic HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) You must develop and implement a work practice plan to minimize 
organic HAP emissions from cleaning and from purging of equipment 
associated with all coating operations for which emission limits are 
established under Sec. 63.3090(a) through (d) or Sec. 63.3091(a) 
through (d).
    (1) The plan shall, at a minimum, address each of the operations 
listed in paragraphs (c)(1)(i) through (viii) of this section in which 
you use organic-HAP-containing materials or in which

[[Page 566]]

there is a potential for emission of organic HAP.
    (i) The plan must address vehicle body wipe emissions through one or 
more of the techniques listed in paragraphs (c)(1)(i)(A) through (E) of 
this section, or an approved alternative.
    (A) Use of solvent-moistened wipes.
    (B) Keeping solvent containers closed when not in use.
    (C) Keeping wipe disposal/recovery containers closed when not in 
use.
    (D) Use of tack-wipes.
    (E) Use of solvents containing less than 1 percent organic HAP by 
weight.
    (ii) The plan must address coating line purging emissions through 
one or more of the techniques listed in paragraphs (c)(1)(ii)(A) through 
(D) of this section, or an approved alternative.
    (A) Air/solvent push-out.
    (B) Capture and reclaim or recovery of purge materials (excluding 
applicator nozzles/tips).
    (C) Block painting to the maximum extent feasible.
    (D) Use of low-HAP or no-HAP solvents for purge.
    (iii) The plan must address emissions from flushing of coating 
systems through one or more of the techniques listed in paragraphs 
(c)(1)(iii)(A) through (D) of this section, or an approved alternative.
    (A) Keeping solvent tanks closed.
    (B) Recovering and recycling solvents.
    (C) Keeping recovered/recycled solvent tanks closed.
    (D) Use of low-HAP or no-HAP solvents.
    (iv) The plan must address emissions from cleaning of spray booth 
grates through one or more of the techniques listed in paragraphs 
(c)(1)(iv)(A) through (E) of this section, or an approved alternative.
    (A) Controlled burn-off.
    (B) Rinsing with high-pressure water (in place).
    (C) Rinsing with high-pressure water (off line).
    (D) Use of spray-on masking or other type of liquid masking.
    (E) Use of low-HAP or no-HAP content cleaners.
    (v) The plan must address emissions from cleaning of spray booth 
walls through one or more of the techniques listed in paragraphs 
(c)(1)(v)(A) through (E) of this section, or an approved alternative.
    (A) Use of masking materials (contact paper, plastic sheet, or other 
similar type of material).
    (B) Use of spray-on masking.
    (C) Use of rags and manual wipes instead of spray application when 
cleaning walls.
    (D) Use of low-HAP or no-HAP content cleaners.
    (E) Controlled access to cleaning solvents.
    (vi) The plan must address emissions from cleaning of spray booth 
equipment through one or more of the techniques listed in paragraphs 
(c)(1)(vi)(A) through (E) of this section, or an approved alternative.
    (A) Use of covers on equipment (disposable or reusable).
    (B) Use of parts cleaners (off-line submersion cleaning).
    (C) Use of spray-on masking or other protective coatings.
    (D) Use of low-HAP or no-HAP content cleaners.
    (E) Controlled access to cleaning solvents.
    (vii) The plan must address emissions from cleaning of external 
spray booth areas through one or more of the techniques listed in 
paragraphs (c)(1)(vii)(A) through (F) of this section, or an approved 
alternative.
    (A) Use of removable floor coverings (paper, foil, plastic, or 
similar type of material).
    (B) Use of manual and/or mechanical scrubbers, rags, or wipes 
instead of spray application.
    (C) Use of shoe cleaners to eliminate coating track-out from spray 
booths.
    (D) Use of booties or shoe wraps.
    (E) Use of low-HAP or no-HAP content cleaners.
    (F) Controlled access to cleaning solvents.
    (viii) The plan must address emissions from housekeeping measures 
not addressed in paragraphs (c)(1)(i) through (vii) of this section 
through one or more of the techniques listed in paragraphs 
(c)(1)(viii)(A) through (C) of this section, or an approved alternative.
    (A) Keeping solvent-laden articles (cloths, paper, plastic, rags, 
wipes, and

[[Page 567]]

similar items) in covered containers when not in use.
    (B) Storing new and used solvents in closed containers.
    (C) Transferring of solvents in a manner to minimize the risk of 
spills.
    (2) Notwithstanding the requirements of paragraphs (c)(1)(i) through 
(viii) of this section, if the type of coatings used in any facility 
with surface coating operations subject to the requirements of this 
section are of such a nature that the need for one or more of the 
practices specified under paragraphs (c)(1)(i) through (viii) is 
eliminated, then the plan may include approved alternative or equivalent 
measures that are applicable or necessary during cleaning of storage, 
conveying, and application equipment.
    (d) As provided in Sec. 63.6(g), we, the Environmental Protection 
Agency (EPA), may choose to grant you permission to use an alternative 
to the work practice standards in this section.
    (e) The work practice plans developed in accordance with paragraphs 
(b) and (c) of this section are not required to be incorporated in your 
title V permit. Any revisions to the work practice plans developed in 
accordance with paragraphs (b) and (c) of this section do not constitute 
revisions to your title V permit.
    (f) Copies of the current work practice plans developed in 
accordance with paragraphs (b) and (c) of this section, as well as plans 
developed within the preceding 5 years must be available on-site for 
inspection and copying by the permitting authority.

                     General Compliance Requirements



Sec. 63.3100  What are my general requirements for complying with this subpart?

    (a) You must be in compliance with the emission limitations in 
Sec. Sec. 63.3090 and 63.3091 at all times, as determined on a monthly 
basis.
    (b) Before January 5, 2021, the coating operations must be in 
compliance with the operating limits for emission capture systems and 
add-on control devices required by Sec. 63.3093 at all times except 
during periods of SSM. On and after January 5, 2021, the coating 
operations must be in compliance with the operating limits for emission 
capture systems and add-on control devices required by Sec. 63.3093 at 
all times.
    (c) You must be in compliance with the work practice standards in 
Sec. 63.3094 at all times.
    (d) Before January 5, 2021, you must always operate and maintain 
your affected source including all air pollution control and monitoring 
equipment you use for purposes of complying with this subpart according 
to the provisions in Sec. 63.6(e)(1)(i). On and after January 5, 2021, 
at all times, the owner or operator must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. The general 
duty to minimize emissions does not require the owner or operator to 
make any further efforts to reduce emissions if levels required by the 
applicable standard have been achieved. Determination of whether a 
source is operating in compliance with operation and maintenance 
requirements will be based on information available to the Administrator 
that may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the affected source.
    (e) You must maintain a log detailing the operation and maintenance 
of the emission capture systems, add-on control devices, and continuous 
parameter monitoring systems (CPMS) during the period between the 
compliance date specified for your affected source in Sec. 63.3083 and 
the date when the initial emission capture system and add-on control 
device performance tests have been completed, as specified in Sec. 
63.3160.
    (f) Before January 5, 2021, if your affected source uses emission 
capture systems and add-on control devices, you must develop a written 
startup, shutdown, and malfunction plan (SSMP) according to the 
provisions in Sec. 63.6(e)(3). The SSMP must address startup, shutdown, 
and corrective actions in the event of a malfunction of the emission 
capture system or the add-on control devices. On and after

[[Page 568]]

January 5, 2021, the SSMP is not required.

[69 FR 22623, Apr. 26, 2004, as amended at 71 FR 20464, Apr. 20, 2006; 
85 FR 41125, July 8, 2020]



Sec. 63.3101  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 63.15 apply to you.

                   Notifications, Reports, and Records



Sec. 63.3110  What notifications must I submit?

    (a) General. You must submit the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you 
by the dates specified in those sections, except as provided in 
paragraphs (b) and (c) of this section.
    (b) You must submit the Initial Notification required by Sec. 
63.9(b) for a new or reconstructed affected source no later than 120 
days after initial startup, 120 days after the source becomes subject to 
this subpart, or 120 days after June 25, 2004, whichever is later. For 
an existing affected source, you must submit the Initial Notification no 
later than 1 year after April 26, 2004, or no later than 120 days after 
the source becomes subject to this subpart, whichever is later. Existing 
sources that have previously submitted notifications of applicability of 
this rule pursuant to section 112(j) of the CAA are not required to 
submit an Initial Notification under Sec. 63.9(b) except to identify 
and describe all additions to the affected source made pursuant to Sec. 
63.3082(c). If you elect to include the surface coating of new other 
motor vehicle bodies, body parts for new other motor vehicles, parts for 
new other motor vehicles, or aftermarket repair or replacement parts for 
other motor vehicles in your affected source pursuant to Sec. 
63.3082(c) and your affected source has an initial startup before 
February 20, 2007, then you must submit an Initial Notification of this 
election no later than 120 days after initial startup or February 20, 
2007, or no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
    (c) Notification of compliance status. If you have an existing 
source, you must submit the Notification of Compliance Status required 
by Sec. 63.9(h) no later than 30 days following the end of the initial 
compliance period described in Sec. 63.3160. If you have a new source, 
you must submit the Notification of Compliance Status required by Sec. 
63.9(h) no later than 60 days after the first day of the first full 
month following completion of all applicable performance tests. The 
Notification of Compliance Status must contain the information specified 
in paragraphs (c)(1) through (12) of this section and in Sec. 63.9(h).
    (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 the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec. 63.3160 that applies to your affected source.
    (4) Identification of the compliance option specified in Sec. 
63.3090(a) or (b) or Sec. 63.3091(a) or (b) that you used for 
electrodeposition primer, primer-surfacer, topcoat, final repair, glass 
bonding primer, and glass bonding adhesive operations plus all coatings 
and thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec. 
63.3082(c) in the affected source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description and statement of the cause of the deviation.
    (ii) If you failed to meet any of the applicable emission limits in 
Sec. 63.3090 or Sec. 63.3091, include all the calculations you used to 
determine the applicable emission rate or applicable average organic HAP 
content for the emission limit(s) that you failed to meet. You do

[[Page 569]]

not need to submit information provided by the materials suppliers or 
manufacturers, or test reports.
    (7) All data and calculations used to determine the monthly average 
mass of organic HAP emitted per volume of applied coating solids from:
    (i) The combined primer-surfacer, topcoat, final repair, glass 
bonding primer, and glass bonding adhesive operations plus all coatings 
and thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec. 
63.3082(c) if you were eligible for and chose to comply with the 
emission limits of Sec. 63.3090(b) or Sec. 63.3091(b); or
    (ii) The combined electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations plus all coatings and thinners, except for deadener materials 
and for adhesive and sealer materials that are not components of glass 
bonding systems, used in coating operations added to the affected source 
pursuant to Sec. 63.3082(c).
    (8) All data and calculations used to determine compliance with the 
separate limits for electrodeposition primer in Sec. 63.3092(a) or (b) 
if you were eligible for and chose to comply with the emission limits of 
Sec. 63.3090(b) or Sec. 63.3091(b).
    (9) All data and calculations used to determine the monthly mass 
average HAP content of materials subject to the emission limits of Sec. 
63.3090(c) or (d) or the emission limits of Sec. 63.3091(c) or (d).
    (10) All data and calculations used to determine the transfer 
efficiency for primer-surfacer and topcoat coatings, and for all 
coatings, except for deadener and for adhesive and sealer that are not 
components of glass bonding systems, used in coating operations added to 
the affected source pursuant to Sec. 63.3082(c).
    (11) You must include the information specified in paragraphs 
(c)(11)(i) through (iii) of this section.
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure (PTE) or a 
measurement of the emission capture system efficiency. Include a 
description of the procedure followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you use 
the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show you 
meet the DQO or LCL criteria in appendix A to subpart KK of this part. 
You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports unless 
requested.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (12) A statement of whether or not you developed and implemented the 
work practice plans required by Sec. 63.3094(b) and (c).

[69 FR 22623, Apr. 26, 2004, as amended at 71 FR 76927, Dec. 22, 2006; 
85 FR 73904, Nov. 19, 2020]



Sec. 63.3120  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (9) of this section. The 
semiannual compliance reporting requirements may be satisfied by reports 
required under other parts of the CAA, as specified in paragraph (a)(2) 
of this section.
    (1) Dates. Unless the Administrator has approved a different 
schedule for submission of reports under Sec. 63.10(a), you must 
prepare and submit each semiannual compliance report according to the 
dates specified in paragraphs (a)(1)(i) through (iv) of this section.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec. 63.3160 that applies to 
your affected source and ends on June 30 or December 31, whichever 
occurs first following the end of the initial compliance period.

[[Page 570]]

    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 or 
the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual 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.
    (iv) 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 date specified in paragraph (a)(1)(iii) of 
this section.
    (2) Inclusion with title V report. If you have obtained a title V 
operating permit 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 semiannual compliance report 
pursuant to this section 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 semiannual compliance report includes all 
required information concerning deviations from any emission limit, 
operating limit, or work practice in this subpart, its submission shall 
be deemed to satisfy any obligation to report the same deviations in the 
semiannual monitoring report. However, submission of a semiannual 
compliance report shall not otherwise affect any obligation you may have 
to report deviations from permit requirements to the permitting 
authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (iv) 
of this section, and the information specified in paragraphs (a)(4) 
through (9) and (c)(1) of this section that are applicable to your 
affected source.
    (i) Company name and address.
    (ii) 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.
    (iii) Date of report and beginning and ending dates of the reporting 
period. The reporting period is the 6-month period ending on June 30 or 
December 31.
    (iv) Identification of the compliance option specified in Sec. 
63.3090(b) or Sec. 63.3091(b) that you used for electrodeposition 
primer, primer-surfacer, topcoat, final repair, glass bonding primer, 
and glass bonding adhesive operations plus all coatings and thinners, 
except for deadener materials and for adhesive and sealer materials that 
are not components of glass bonding systems, used in coating operations 
added to the affected source pursuant to Sec. 63.3082(c) in the 
affected source during the initial compliance period.
    (4) No deviations. If there were no deviations from the emission 
limits, operating limits, or work practices in Sec. Sec. 63.3090, 
63.3091, 63.3092, 63.3093, and 63.3094 that apply to you, the semiannual 
compliance report must include a statement that there were no deviations 
from the applicable emission limitations during the reporting period. If 
you used control devices to comply with the emission limits, and there 
were no periods during which the CPMS were out of control as specified 
in Sec. 63.8(c)(7), the semiannual compliance report must include a 
statement that there were no periods during which the CPMS were out of 
control during the reporting period.
    (5) Deviations: adhesive, sealer, and deadener. Before January 5, 
2021, if there was a deviation from the applicable emission limits in 
Sec. 63.3090(c) and (d) or Sec. 63.3091(c) and (d), the semiannual 
compliance report must contain the information in paragraphs (a)(5)(i) 
through (iv) of this section. On and after January 5, 2021, if there was 
a deviation from the applicable emission limits in Sec. 63.3090(c) and 
(d) or Sec. 63.3091(c) and (d), the semiannual compliance report must 
contain the information in paragraphs (a)(5)(i) through (v) of this 
section.
    (i) The beginning and ending dates of each month during which the 
monthly

[[Page 571]]

average organic HAP content exceeded the applicable emission limit in 
Sec. 63.3090(c) and (d) or Sec. 63.3091(c) and (d).
    (ii) The volume and organic HAP content of each material used that 
is subject to the applicable organic HAP content limit.
    (iii) The calculation used to determine the average monthly organic 
HAP content for the month in which the deviation occurred.
    (iv) The reason for the deviation (including unknown cause, if 
applicable).
    (v) On and after January 5, 2021, the number of deviations and, for 
each deviation, a list of the affected source or equipment, an estimate 
of the quantity of each regulated pollutant emitted over the applicable 
emission limit in Sec. 63.3090(c) and (d) or Sec. 63.3091(c) and (d), 
and a description of the method used to estimate the emissions.
    (6) Deviations: combined electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer and glass bonding adhesive, 
or combined primer-surfacer, topcoat, final repair, glass bonding 
primer, and glass bonding adhesive plus all coatings and thinners, 
except for deadener materials and for adhesive and sealer materials that 
are not components of glass bonding systems, used in coating operations 
added to the affected source pursuant to Sec. 63.3082(c). Before 
January 5, 2021, if there was a deviation from the applicable emission 
limits in Sec. 63.3090(a) or (b) or Sec. 63.3091(a) or (b) or the 
applicable operating limit(s) in table 1 to this subpart, the semiannual 
compliance report must contain the information in paragraphs (a)(6)(i) 
through (xiv) of this section. On and after January 5, 2021, if there 
was a deviation from the applicable emission limits in Sec. 63.3090(a) 
or (b) or Sec. 63.3091(a) or (b) or the applicable operating limit(s) 
in table 1 to this subpart, the semiannual compliance report must 
contain the information in paragraphs (a)(6)(i) through (xv) of this 
section.
    (i) The beginning and ending dates of each month during which the 
monthly organic HAP emission rate from combined electrodeposition 
primer, primer-surfacer, topcoat, final repair, glass bonding primer, 
and glass bonding adhesive plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added to 
the affected source pursuant to Sec. 63.3082(c) exceeded the applicable 
emission limit in Sec. 63.3090(a) or Sec. 63.3091(a); or the monthly 
organic HAP emission rate from combined primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive plus all 
coatings and thinners, except for deadener materials and for adhesive 
and sealer materials that are not components of glass bonding systems, 
used in coating operations added to the affected source pursuant to 
Sec. 63.3082(c) exceeded the applicable emission limit in Sec. 
63.3090(b) or Sec. 63.3091(b).
    (ii) The calculation used to determine the monthly organic HAP 
emission rate in accordance with Sec. 63.3161 or Sec. 63.3171. You do 
not need to submit the background data supporting these calculations, 
for example information provided by materials suppliers or 
manufacturers, or test reports.
    (iii) The date and time that each malfunction of the capture system 
or add-on control devices used to control emissions from these 
operations started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) Before January 5, 2021, the date and time that each CPMS was 
inoperative, except for zero (low-level) and high-level checks. On and 
after January 5, 2021, for each instance that the CPMS was inoperative, 
except for zero (low-level) and high-level checks, the date, time, and 
duration that the CPMS was inoperative; the cause (including unknown 
cause) for the CPMS being inoperative; and descriptions of corrective 
actions taken.
    (vii) Before January 5, 2021, the date and time period that each 
CPMS was out of control, including the information in Sec. 63.8(c)(8). 
On and after January 5, 2021, for each instance that the CPMS was out of 
control, as specified in Sec. 63.8(c)(7), the date, time, and duration 
that the CPMS was out-of-control; the cause (including unknown cause) 
for the CPMS being out-of-control; and descriptions of corrective 
actions taken.

[[Page 572]]

    (viii) Before January 5, 2021, The date and time period of each 
deviation from an operating limit in table 1 to this subpart; date and 
time period of each bypass of an add-on control device; and whether each 
deviation occurred during a period of SSM or during another period. On 
and after January 5, 2021, the date, time, and duration of each 
deviation from an operating limit in table 1 to this subpart; and the 
date, time, and duration of each bypass of an add-on control device.
    (ix) A summary of the total duration and the percent of the total 
source operating time of the deviations from each operating limit in 
Table 1 to this subpart and the bypass of each add-on control device 
during the semiannual reporting period.
    (x) Before January 5, 2021, a breakdown of the total duration of the 
deviations from each operating limit in table 1 to this subpart and 
bypasses of each add-on control device during the semiannual reporting 
period into those that were due to startup, shutdown, control equipment 
problems, process problems, other known causes, and other unknown 
causes. On and after January 5, 2021, a breakdown of the total duration 
of the deviations from each operating limit in table 1 to this subpart 
and bypasses of each add-on control device during the semiannual 
reporting period into those that were due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (xi) A summary of the total duration and the percent of the total 
source operating time of the downtime for each CPMS during the 
semiannual reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control devices since the last 
semiannual reporting period.
    (xiii) Before January 5, 2021, for each deviation from the work 
practice standards a description of the deviation, the date and time 
period of the deviation, and the actions you took to correct the 
deviation. On and after January 5, 2021, for deviations from the work 
practice standards, the number of deviations, and, for each deviation, 
the information in paragraphs (a)(6)(xiii)(A) and (B) of this section.
    (A) A description of the deviation, the date, time, and duration of 
the deviation; and the actions you took to minimize emissions in 
accordance with Sec. 63.3100(d).
    (B) A list of the affected sources or equipment for which a 
deviation occurred, the cause of the deviation (including unknown cause, 
if applicable), and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.
    (xiv) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, for deviations from an emission 
limitation in Sec. 63.3090(a) or (b) or Sec. 63.3091(a) or (b) or 
operating limit in table 1 of this subpart, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (xv) On and after January 5, 2021, for each deviation from an 
emission limitation in Sec. 63.3090(a) or (b), or Sec. 63.3091(a) or 
(b), or operating limit in table 1 to this subpart, a list of the 
affected sources or equipment for which a deviation occurred, an 
estimate of the quantity of each regulated pollutant emitted over any 
emission limit in Sec. 63.3090(a) or (b) or Sec. 63.3091(a) or (b), 
and a description of the method used to estimate the emissions.
    (7) Deviations: Separate electrodeposition primer organic HAP 
content limit. Before January 5, 2021, if you used the separate 
electrodeposition primer organic HAP content limits in Sec. 63.3092(a), 
and there was a deviation from these limits, the semiannual compliance 
report must contain the information in paragraphs (a)(7)(i) through 
(iii) of this section. On and after January 5, 2021, if you used the 
separate electrodeposition primer organic HAP content limits in Sec. 
63.3092(a), and there was a deviation from these limits, the semiannual 
compliance report must contain the information in paragraphs (a)(7)(i) 
through (iv) of this section.
    (i) Identification of each material used that deviated from the 
emission limit, and the date, time, and duration each was used.
    (ii) The determination of mass fraction of each organic HAP for each 
material identified in paragraph (a)(7)(i)

[[Page 573]]

of this section. You do not need to submit background data supporting 
this calculation, for example, information provided by material 
suppliers or manufacturers, or test reports.
    (iii) A statement of the cause of each deviation (including unknown 
case, if applicable).
    (iv) On and after January 5, 2021, the number of deviations, a list 
of the affected source or equipment, an estimate of the quantity of each 
regulated pollutant emitted over any emission limit in Sec. 63.3092(a), 
and a description of the method used to estimate the emissions.
    (8) Deviations: Separate electrodeposition primer bake oven capture 
and control limitations. Before January 5, 2021, if you used the 
separate electrodeposition primer bake oven capture and control 
limitations in Sec. 63.3092(b), and there was a deviation from the 
limitations in Sec. 63.3092(b) or the applicable operating limit in 
table 1 to this subpart, the semiannual compliance report must contain 
the information in paragraphs (a)(8)(i) through (xii) of this section. 
On and after January 5, 2021, if you used the separate electrodeposition 
primer bake oven capture and control limitations in Sec. 63.3092(b), 
and there was a deviation from the limitations in Sec. 63.3092(b) or 
the applicable operating limit in table 1 to this subpart, the 
semiannual compliance report must contain the information in paragraphs 
(a)(8)(i) through (xiv) of this section.
    (i) The beginning and ending dates of each month during which there 
was a deviation from the separate electrodeposition primer bake oven 
capture and control limitations in Sec. 63.3092(b).
    (ii) The date and time that each malfunction of the capture systems 
or control devices used to control emissions from the electrodeposition 
primer bake oven started and stopped.
    (iii) A brief description of the CPMS.
    (iv) The date of the latest CPMS certification or audit.
    (v) Before January 5, 2021, the date and time that each CPMS was 
inoperative, except for zero (low-level) and high-level checks. On and 
after January 5, 2021, for each instance that the CPMS was inoperative, 
except for zero (low-level) and high-level checks, the date, time, and 
duration that the CPMS was inoperative; the cause (including unknown 
cause) for the CPMS being inoperative; and descriptions of corrective 
actions taken.
    (vi) Before January 5, 2021, the date, time, and duration that each 
CPMS was out of control, including the information in Sec. 63.8(c)(8). 
On and after January 5, 2021, for each instance that the CPMS was out of 
control, as specified in Sec. 63.8(c)(7), the date, time, and duration 
that the CPMS was out-of-control; the cause (including unknown cause) 
for the CPMS being out-of-control; and descriptions of corrective 
actions taken.
    (vii) Before January 5, 2021, the date and time period of each 
deviation from an operating limit in table 1 to this subpart; date and 
time period of each bypass of an add-on control device; and whether each 
deviation occurred during a period of SSM or during another period. On 
and after January 5, 2021, the date, time, and duration of each 
deviation from an operating limit in table 1 to this subpart; and the 
date, time, and duration of each bypass of an add-on control device.
    (viii) A summary of the total duration and the percent of the total 
source operating time of the deviations from each operating limit in 
Table 1 to this subpart and the bypasses of each add-on control device 
during the semiannual reporting period.
    (ix) Before January 5, 2021, a breakdown of the total duration of 
the deviations from each operating limit in table 1 to this subpart and 
bypasses of each add-on control device during the semiannual reporting 
period into those that were due to startup, shutdown, control equipment 
problems, process problems, other known causes, and other unknown 
causes. On and after January 5, 2021, a breakdown of the total duration 
of the deviations from each operating limit in table 1 to this subpart 
and bypasses of each add-on control device during the semiannual 
reporting period into those that were due to control equipment problems, 
process problems, other known causes, and other unknown causes.

[[Page 574]]

    (x) A summary of the total duration and the percent of the total 
source operating time of the downtime for each CPMS during the 
semiannual reporting period.
    (xi) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control devices since the last 
semiannual reporting period.
    (xii) A statement of the cause of each deviation (including unknown 
cause, if applicable).
    (9) Deviations: Work practice plans. Before January 5, 2021, if 
there was a deviation from an applicable work practice plan developed in 
accordance with Sec. 63.3094(b) or (c), the semiannual compliance 
report must contain the information in paragraphs (a)(9)(i) through 
(iii) of this section. On and after January 5, 2021, if there were 
deviations from an applicable work practice plan developed in accordance 
with Sec. 63.3094(b) or (c), the semiannual compliance report must 
contain the number of deviations, and, for each deviation, the 
information in paragraphs (a)(9)(i) through (iii) of this section.
    (i) Before January 5, 2021, the time period during which each 
deviation occurred. On and after January 5, 2021, the date, time, and 
duration of the deviation.
    (ii) Before January 5, 2021, the nature of each deviation. On and 
after January 5, 2021, the nature of the deviation, including a list of 
the affected sources or equipment for which the deviation occurred, and 
the cause of the deviation (including unknown cause, if applicable).
    (iii) The corrective action(s) taken to bring the applicable work 
practices into compliance with the work practice plan.
    (b) Performance test reports. If you use add-on control devices, you 
must submit reports of performance test results for emission capture 
systems and add-on control devices no later than 60 days after 
completing the tests as specified in Sec. 63.10(d)(2). You must submit 
reports of transfer efficiency tests no later than 60 days after 
completing the tests as specified in Sec. 63.10(d)(2).
    (c) SSM reports. Before January 5, 2021, if you used add-on control 
devices and you had a SSM during the semiannual reporting period, you 
must submit the reports specified in paragraphs (c)(1) and (2) of this 
section. On and after January 5, 2021, the reports specified in 
paragraphs (c)(1) and (2) of this section are not required.
    (1) If your actions were consistent with your SSMP, you must include 
the information specified in Sec. 63.10(d) in the semiannual compliance 
report required by paragraph (a) of this section.
    (2) If your actions were not consistent with your SSMP, you must 
submit an immediate startup, shutdown, and malfunction report as 
described in paragraphs (c)(2)(i) and (ii) of this section.
    (i) You must describe the actions taken during the event in a report 
delivered by facsimile, telephone, or other means to the Administrator 
within 2 working days after starting actions that are inconsistent with 
the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec. 
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec. 63.10(d)(5)(ii).
    (d) Performance test reports. On and after January 5, 2021, you must 
submit the results of the performance test required in paragraph (b) of 
this section following the procedure specified in paragraphs (d)(1) 
through (3) 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.

[[Page 575]]

    (2) For 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, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec. 63.13, unless 
the Administrator agrees to or specifies an alternate reporting method.
    (3) If you claim that some of the performance test information being 
submitted under paragraph (c)(1) of this section 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 medium to the EPA. The 
electronic medium 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 in paragraph (c)(1) of this section.
    (e) Initial notification reports. On and after January 5, 2021, the 
owner or operator shall submit the initial notifications required in 
Sec. 63.9(b) and the notification of compliance status required in 
Sec. Sec. 63.9(h) and 63.3110(c) to the EPA via the CEDRI. The CEDRI 
interface can be accessed through the EPA's CDX (https://cdx.epa.gov/). 
The owner or operator must upload to CEDRI an electronic copy of each 
applicable notification in portable document format (PDF). The 
applicable notification must be submitted by the deadline specified in 
this subpart, regardless of the method in which the reports are 
submitted. Owners or operators who claim that some of the information 
required to be submitted via CEDRI is CBI shall submit a complete report 
generated using the appropriate form in CEDRI or an alternate electronic 
file consistent with the XML schema listed on the EPA's CEDRI website, 
including information claimed to be CBI, on a compact disc, flash drive, 
or other commonly used electronic storage medium to the EPA. The 
electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted shall be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph.
    (f) Semiannual compliance reports. On and after January 5, 2021, or 
once the reporting template has been available on the CEDRI website for 
1 year, whichever date is later, the owner or operator shall submit the 
semiannual compliance report required in paragraph (a) of this section 
to the EPA via the CEDRI. The CEDRI interface can be accessed through 
the EPA's CDX (https://cdx.epa.gov/). The owner or operator must use the 
appropriate electronic template on the CEDRI Web for this subpart or an 
alternate electronic file format consistent with the XML schema listed 
on the CEDRI website (https://www.epa.gov/electronic- reporting-air-
emissions/compliance- and-emissions-data-reporting- interface-cedri). If 
the reporting form for the semiannual compliance report 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 
addresses listed in Sec. 63.13. Once the form has been available in 
CEDRI for 1 year, you must begin submitting all subsequent reports via 
CEDRI. The reports must be submitted by the deadlines specified in this 
subpart, regardless of the method in which the reports are submitted. 
Owners or operators who claim that some of the information required to 
be submitted via CEDRI is CBI shall submit a complete report generated 
using the appropriate form in CEDRI or an alternate electronic file 
consistent with the XML schema listed on the EPA's CEDRI website, 
including information claimed to be CBI, on a compact disc, flash drive, 
or other commonly used electronic storage medium to the EPA. The 
electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd.,

[[Page 576]]

Durham, NC 27703. The same file with the CBI omitted shall be submitted 
to the EPA via the EPA's CDX as described earlier in this paragraph.
    (g) Reporting during EPA system outages. If you are required to 
electronically submit a report through the CEDRI in the EPA's CDX, and 
due to a planned or actual outage of either the EPA's CEDRI or CDX 
systems within the period of time beginning 5 business days prior to the 
date that the submission is due, you will be or are precluded from 
accessing CEDRI or CDX and submitting a required report within the time 
prescribed, you may assert a claim of the EPA system outage for failure 
to timely comply with the reporting requirement. You must submit 
notification to the Administrator in writing as soon as possible 
following the date you first knew, or through due diligence should have 
known, that the event may cause or caused a delay in reporting. You must 
provide to the Administrator a written description identifying the date, 
time and length of the outage; a rationale for attributing the delay in 
reporting beyond the regulatory deadline to the EPA system outage; 
describe the measures taken or to be taken to minimize the delay in 
reporting; and identify a date by which you propose to report, or if you 
have already met the reporting requirement at the time of the 
notification, the date you reported. In any circumstance, the report 
must be submitted electronically as soon as possible after the outage is 
resolved. The decision to accept the claim of the EPA system outage and 
allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.
    (h) Reporting during force majeure events. If you are required to 
electronically submit a report through CEDRI in the EPA's CDX and a 
force majeure event is about to occur, occurs, or has occurred or there 
are lingering effects from such an event within the period of time 
beginning 5 business days prior to the date the submission is due, the 
owner or operator may assert a claim of force majeure for failure to 
timely comply with the reporting requirement. For the purposes of this 
section, a force majeure event is defined as an event that will be or 
has been caused by circumstances beyond the control of the affected 
facility, its contractors, or any entity controlled by the affected 
facility that prevents you from complying with the requirement to submit 
a report electronically within the time period prescribed. Examples of 
such events are acts of nature (e.g., hurricanes, earthquakes, or 
floods), acts of war or terrorism, or equipment failure or safety hazard 
beyond the control of the affected facility (e.g., large scale power 
outage). If you intend to assert a claim of force majeure, you must 
submit notification to the Administrator in writing as soon as possible 
following the date you first knew, or through due diligence should have 
known, that the event may cause or caused a delay in reporting. You must 
provide to the Administrator a written description of the force majeure 
event and a rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event; describe the measures 
taken or to be taken to minimize the delay in reporting; and identify a 
date by which you propose to report, or if you have already met the 
reporting requirement at the time of the notification, the date you 
reported. In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs. The decision to accept 
the claim of force majeure and allow an extension to the reporting 
deadline is solely within the discretion of the Administrator.

[69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41125, July 8, 2020]



Sec. 63.3130  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart, and the documentation supporting each 
notification and report.
    (b) A current copy of information provided by materials suppliers or 
manufacturers, such as manufacturer's formulation data, or test data 
used to determine the mass fraction of organic

[[Page 577]]

HAP, the density and the volume fraction of coating solids for each 
coating, the mass fraction of organic HAP and the density for each 
thinner, and the mass fraction of organic HAP for each cleaning 
material. If you conducted testing to determine mass fraction of organic 
HAP, density, or volume fraction of coating solids, you must keep a copy 
of the complete test report. If you use information provided to you by 
the manufacturer or supplier of the material that was based on testing, 
you must keep the summary sheet of results provided to you by the 
manufacturer or supplier. If you use the results of an analysis 
conducted by an outside testing lab, you must keep a copy of the test 
report. You are not required to obtain the test report or other 
supporting documentation from the manufacturer or supplier.
    (c) For each month, the records specified in paragraphs (c)(1) 
through (6) of this section.
    (1) For each coating used for electrodeposition primer, primer-
surfacer, topcoat, final repair, glass bonding primer, and glass bonding 
adhesive operations and for each coating, except for deadener and for 
adhesive and sealer that are not components of glass bonding systems, 
used in coating operations added to the affected source pursuant to 
Sec. 63.3082(c), a record of the volume used in each month, the mass 
fraction organic HAP content, the density, and the volume fraction of 
solids.
    (2) For each thinner used for electrodeposition primer, primer-
surfacer, topcoat, final repair, glass bonding primer, and glass bonding 
adhesive operations and for each thinner, except for thinner used for 
deadener and for adhesive and sealer that are not components of glass 
bonding systems, used in coating operations added to the affected source 
pursuant to Sec. 63.3082(c), a record of the volume used in each month, 
the mass fraction organic HAP content, and the density.
    (3) For each deadener material and for each adhesive and sealer 
material, a record of the mass used in each month and the mass organic 
HAP content.
    (4) A record of the calculation of the organic HAP emission rate for 
electrodeposition primer, primer-surfacer, topcoat, final repair, glass 
bonding primer, and glass bonding adhesive plus all coatings and 
thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec. 
63.3082(c) for each month if subject to the emission limit of Sec. 
63.3090(a) or Sec. 63.3091(a). This record must include all raw data, 
algorithms, and intermediate calculations. If the guidelines presented 
in the ``Protocol for Determining the Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and 
Topcoat'' EPA-453/R-08-002 (incorporated by reference, see Sec. 63.14), 
are used, you must keep records of all data input to this protocol. If 
these data are maintained as electronic files, the electronic files, as 
well as any paper copies must be maintained. These data must be provided 
to the permitting authority on request on paper, and in (if calculations 
are done electronically) electronic form.
    (5) A record of the calculation of the organic HAP emission rate for 
primer-surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive plus all coatings and thinners, except for deadener 
materials and for adhesive and sealer materials that are not components 
of glass bonding systems, used in coating operations added to the 
affected source pursuant to Sec. 63.3082(c) for each month if subject 
to the emission limit of Sec. 63.3090(b) or Sec. 63.3091(b), and a 
record of the weight fraction of each organic HAP in each material added 
to the electrodeposition primer system if subject to the limitations of 
Sec. 63.3092(a). This record must include all raw data, algorithms, and 
intermediate calculations. If the guidelines presented in the ``Protocol 
for Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Primer-Surfacer and Topcoat'' EPA-453/R-
08-002 (incorporated by reference, see Sec. 63.14), are used, you must 
keep records of all data input to this protocol. If these data are 
maintained as electronic files, the electronic files, as well as any 
paper copies must be maintained. These data must be provided to the

[[Page 578]]

permitting authority on request on paper, and in (if calculations are 
done electronically) electronic form.
    (6) A record, for each month, of the calculation of the average 
monthly mass organic HAP content of:
    (i) Sealers and adhesives; and
    (ii) Deadeners.
    (d) A record of the name and volume of each cleaning material used 
during each month.
    (e) A record of the mass fraction of organic HAP for each cleaning 
material used during each month.
    (f) A record of the density for each cleaning material used during 
each month.
    (g) Before January 5, 2021, a record of the date, time, and duration 
of each deviation, and for each deviation, a record of whether the 
deviation occurred during a period of SSM. On and after January 5, 2021, 
for each deviation from an emission limitation, operating limit, or work 
practice plan reported under Sec. 63.3120(a)(5) through (9), a record 
of the information specified in paragraphs (g)(1) through (4) of this 
section, as applicable.
    (1) The date, time, and duration of the deviation, and for each 
deviation, the information as reported under Sec. 63.3120(a)(5) through 
(9).
    (2) A list of the affected sources or equipment for which the 
deviation occurred and the cause of the deviation, as reported under 
Sec. 63.3120(a)(5) through (9).
    (3) An estimate of the quantity of each regulated pollutant emitted 
over any applicable emission limit in Sec. 63.3090(a) through (d) or 
Sec. 63.3091(a) through (d) or any applicable operating limit in table 
1 to this subpart, and a description of the method used to calculate the 
estimate, as reported under Sec. 63.3120(a)(5) through (9).
    (4) A record of actions taken to minimize emissions in accordance 
with Sec. 63.3100(d) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (h) Before January 5, 2021, the records required by Sec. 
63.6(e)(3)(iii) through (v) related to SSM. On and after January 5, 
2021, the provisions of this paragraph no longer apply.
    (i) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec. 63.3165(a).
    (j) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec. 63.3164 and 63.3165(b) through (g), 
including the records specified in paragraphs (j)(1) through (4) of this 
section that apply to you.
    (1) Records for a liquid-to-uncaptured-gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH), as measured by Method 204A or F of 
appendix M to 40 CFR part 51, for each material used in the coating 
operation, and the total TVH for all materials used during each capture 
efficiency test run, including a copy of the test report. Records of the 
mass of TVH emissions not captured by the capture system that exited the 
temporary total enclosure or building enclosure during each capture 
efficiency test run, as measured by Method 204D or E of appendix M to 40 
CFR part 51, including a copy of the test report. Records documenting 
that the enclosure used for the capture efficiency test met the criteria 
in Method 204 of appendix M to 40 CFR part 51 for either a temporary 
total enclosure or a building enclosure.
    (2) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system, as measured by Method 204B or C 
of appendix M to 40 CFR part 51, at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run, as measured by Method 204D or E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either

[[Page 579]]

a temporary total enclosure or a building enclosure.
    (3) Records for panel tests. Records needed to document a capture 
efficiency determination using a panel test as described in Sec. 
63.3165(e) and (g), including a copy of the test report and calculations 
performed to convert the panel test results to percent capture 
efficiency values.
    (4) Records for an alternative protocol. Records needed to document 
a capture efficiency determination using an alternative method or 
protocol, as specified in Sec. 63.3165(f), if applicable.
    (k) The records specified in paragraphs (k)(1) and (2) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec. 63.3166.
    (1) Records of each add-on control device performance test conducted 
according to Sec. Sec. 63.3164 and 63.3166.
    (2) Records of the coating operation conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (l) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as specified 
in Sec. 63.3167 and to document compliance with the operating limits as 
specified in Table 1 to this subpart.
    (m) Records of the data and calculations you used to determine the 
transfer efficiency for primer-surfacer and topcoat coatings and for all 
coatings, except for deadener and for adhesive and sealer that are not 
components of glass bonding systems, used in coating operations added to 
the affected source pursuant to Sec. 63.3082(c).
    (n) A record of the work practice plans required by Sec. 63.3094(b) 
and (c) and documentation that you are implementing the plans on a 
continuous basis. Appropriate documentation may include operational and 
maintenance records, records of documented inspections, and records of 
internal audits.
    (o) For each add-on control device and for each continuous parameter 
monitoring system, a copy of the equipment operating instructions must 
be maintained on-site for the life of the equipment in a location 
readily available to plant operators and inspectors. You may prepare 
your own equipment operating instructions, or they may be provided to 
you by the equipment supplier or other third party.
    (p) On and after January 5, 2021, 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.

[69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20233, Apr. 24, 2007; 
85 FR 41128, July 8, 2020; 86 FR 66039, Nov. 19, 2021]



Sec. 63.3131  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). Where 
appropriate, the records may be maintained as electronic spreadsheets or 
as a database. On and after January 5, 2021, 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.
    (b) Except as provided in Sec. 63.3130(o), you must keep each 
record for 5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record, as specified in Sec. 
63.10(b)(1).
    (c) Except as provided in Sec. 63.3130(o), 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 may keep the records off site for the 
remaining 3 years.

[69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41129, July 8, 2020]

[[Page 580]]

       Compliance Requirements for Adhesive, Sealer, and Deadener



Sec. 63.3150  By what date must I conduct the initial compliance demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.3151. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3083 and ends on the last day of 
the month following the compliance date. If the compliance date occurs 
on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
month. You must determine the mass average organic HAP content of the 
materials used each month for each group of materials for which an 
emission limitation is established in Sec. 63.3090(c) and (d) or Sec. 
63.3091(c) and (d). The initial compliance demonstration includes the 
calculations according to Sec. 63.3151 and supporting documentation 
showing that during the initial compliance period, the mass average 
organic HAP content for each group of materials was equal to or less 
than the applicable emission limits in Sec. 63.3090(c) and (d) or Sec. 
63.3091(c) and (d).



Sec. 63.3151  How do I demonstrate initial compliance with the emission limitations?

    You must separately calculate the mass average organic HAP content 
of the materials used during the initial compliance period for each 
group of materials for which an emission limit is established in Sec. 
63.3090(c) and (d) or Sec. 63.3091(c) and (d). If every individual 
material used within a group of materials meets the emission limit for 
that group of materials, you may demonstrate compliance with that 
emission limit by documenting the name and the organic HAP content of 
each material used during the initial compliance period. If any 
individual material used within a group of materials exceeds the 
emission limit for that group of materials, you must determine the mass 
average organic HAP content according to the procedures of paragraph (d) 
of this section.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
material used during the compliance period by using one of the options 
in paragraphs (a)(1) through (5) of this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the procedures 
specified in paragraphs (a)(1)(i) and (ii) of this section when 
performing a Method 311 test.
    (i) Count each organic HAP in table 5 to this subpart that is 
present at 0.1 percent by mass or more and at 1.0 percent by mass or 
more for other compounds. For example, if toluene (not listed in table 5 
to this subpart) is measured to be 0.5 percent of the material by mass, 
you do not have to count it. Express the mass fraction of each organic 
HAP you count as a value truncated to four places after the decimal 
point (e.g., 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (e.g., 
0.7638 truncates to 0.763).
    (2) EPA Method 24 (appendix A-7 to 40 CFR part 60). For coatings, 
you may use EPA Method 24 to determine the mass fraction of nonaqueous 
volatile matter and use that value as a substitute for mass fraction of 
organic HAP. As an alternative to using EPA Method 24, you may use ASTM 
D2369-10 (Reapproved 2015)\e\ (incorporated by reference, see Sec. 
63.14).
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec. 63.7(f) to submit an 
alternative test method for approval.
    (4) 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) through (3) of this section, such 
as manufacturer's formulation data, if it represents each organic HAP in 
table 5 to this subpart that is present at 0.1 percent by mass or more 
and at 1.0 percent by mass or

[[Page 581]]

more for other compounds. For example, if toluene (not listed in table 5 
of this subpart) is 0.5 percent of the material by mass, you do not have 
to count it. If there is a disagreement between such information and 
results of a test conducted according to paragraphs (a)(1) through (3) 
of this section, then the test method results will take precedence, 
unless after consultation, the facility demonstrates to the satisfaction 
of the enforcement authority that the facility's data are correct.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When 
neither test data nor manufacturer's data for solvent blends are 
available, you may use the default values for the mass fraction of 
organic HAP in the solvent blends listed in Table 3 or 4 to this 
subpart. If you use the tables, you must use the values in Table 3 for 
all solvent blends that match Table 3 entries, and you may only use 
Table 4 if the solvent blends in the materials you use do not match any 
of the solvent blends in Table 3 and you only know whether the blend is 
aliphatic or aromatic. However, if the results of a Method 311 test 
indicate higher values than those listed on Table 3 or 4 to this 
subpart, the Method 311 results will take precedence, unless after 
consultation, the facility demonstrates to the satisfaction of the 
enforcement authority that the data from Table 3 or 4 are correct.
    (b) Determine the density of each material used. Determine the 
density of each material used during the compliance period from test 
results using ASTM D1475-13 (incorporated by reference, see Sec. 63.14) 
or for powder coatings, test method A or test method B of ASTM D5965-02 
(Reapproved 2013) (incorporated by reference, see Sec. 63.14), or 
information from the supplier or manufacturer of the material. If there 
is disagreement between ASTM D1475-13 test results or ASTM D5965-02 
(Reapproved 2013), test method A or test method B test results and the 
supplier's or manufacturer's information, the test results will take 
precedence unless after consultation, the facility demonstrates to the 
satisfaction of the enforcement authority that the facility's data are 
correct.
    (c) Determine the volume of each material used. Determine the volume 
(liters) of each material used during each month by measurement or usage 
records.
    (d) Determine the mass average organic HAP content for each group of 
materials. Determine the mass average organic HAP content of the 
materials used during the initial compliance period for each group of 
materials for which an emission limit is established in Sec. 63.3090(c) 
and (d) or Sec. 63.3091(c) and (d), using Equations 1 and 2 of this 
section.
    (1) Calculate the mass average organic HAP content of adhesive and 
sealer materials other than components of the glass bonding system used 
in the initial compliance period using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.034

Where:

Cavg, as = Mass average organic HAP content of adhesives and 
          sealer materials used, kg/kg.
Vol as, j = Volume of adhesive or sealer material, j, used, 
          liters.
D as, j = Density of adhesive or sealer material, j, used, kg 
          per liter.
W as, j = Mass fraction of organic HAP in adhesive or sealer 
          material, j, kg/kg.
r = Number of adhesive and sealer materials used.


[[Page 582]]


    (2) Calculate the mass average organic HAP content of deadener 
materials used in the initial compliance period using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.035

Where:

C avg, d = Mass average organic HAP content of deadener 
          material used, kg/kg.
Vol d, m = Volume of deadener material, m, used, liters.
D d, m = Density of deadener material, m, used, kg per liter.
W d, m = Mass fraction of organic HAP in deadener material, 
          m, kg/kg.
s = Number of deadener materials used.

    (e) Compliance demonstration. The mass average organic HAP content 
for the compliance period must be less than or equal to the applicable 
emission limit in Sec. 63.3090(c) and (d) or Sec. 63.3091(c) and (d). 
You must keep all records as required by Sec. Sec. 63.3130 and 63.3131. 
As part of the Notification of Compliance Status required by Sec. 
63.3110, you must submit a statement that the coating operations were in 
compliance with the emission limitations during the initial compliance 
period because the mass average organic HAP content was less than or 
equal to the applicable emission limits in Sec. 63.3090(c) and (d) or 
Sec. 63.3091(c) and (d), determined according to this section.

[69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41129, July 8, 2020]



Sec. 63.3152  How do I demonstrate continuous compliance with the
emission limitations?

    (a) To demonstrate continuous compliance, the mass average organic 
HAP content for each compliance period, determined according to Sec. 
63.3151(a) through (d), must be less than or equal to the applicable 
emission limit in Sec. 63.3090(c) and (d) or Sec. 63.3091(c) and (d). 
A compliance period consists of 1 month. Each month after the end of the 
initial compliance period described in Sec. 63.3150 is a compliance 
period consisting of that month.
    (b) If the mass average organic HAP emission content for any 
compliance period exceeds the applicable emission limit in Sec. 
63.3090(c) and (d) or Sec. 63.3091(c) and (d), this is a deviation from 
the emission limitations for that compliance period and must be reported 
as specified in Sec. Sec. 63.3110(c)(6) and 63.3120(a)(5).
    (c) You must maintain records as specified in Sec. Sec. 63.3130 and 
63.3131.

   Compliance Requirements for the Combined Electrodeposition Primer, 
Primer-Surfacer, Topcoat, Final Repair, Glass Bonding Primer, and Glass 
                  Bonding Adhesive Emission Limitations



Sec. 63.3160  By what date must I conduct initial performance 
tests and other initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.3083. You must conduct a performance test of 
each capture system and add-on control device according to Sec. Sec. 
63.3164 through 63.3166 and establish the operating limits required by 
Sec. 63.3093 no later than 180 days after the applicable compliance 
date specified in Sec. 63.3083.
    (2) You must develop and begin implementing the work practice plans 
required by Sec. 63.3094(b) and (c) no later than the compliance date 
specified in Sec. 63.3083.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the

[[Page 583]]

requirements of Sec. 63.3161. The initial compliance period begins on 
the applicable compliance date specified in Sec. 63.3083 and ends on 
the last day of the month following the compliance date. If the 
compliance date occurs on any day other than the first day of a month, 
then the initial compliance period extends through the end of that month 
plus the next month. You must determine the mass of organic HAP 
emissions and volume of coating solids deposited in the initial 
compliance period. The initial compliance demonstration includes the 
results of emission capture system and add-on control device performance 
tests conducted according to Sec. Sec. 63.3164 through 63.3166; 
supporting documentation showing that during the initial compliance 
period the organic HAP emission rate was equal to or less than the 
emission limit in Sec. 63.3090(a); the operating limits established 
during the performance tests and the results of the continuous parameter 
monitoring required by Sec. 63.3168; and documentation of whether you 
developed and implemented the work practice plans required by Sec. 
63.3094(b) and (c).
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec. 
63.3093 until after you have completed the performance tests specified 
in paragraph (a)(1) of this section. Instead, you must maintain a log 
detailing the operation and maintenance of the emission capture system, 
add-on control device, and CPMS during the period between the compliance 
date and the performance test. You must begin complying with the 
operating limits for your affected source on the date you complete the 
performance tests specified in paragraph (a)(1) of this section.
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.3083. You must conduct an initial performance 
test of each capture system and add-on control device according to the 
procedures in Sec. Sec. 63.3164 through 63.3166 and establish the 
operating limits required by Sec. 63.3093 no later than the compliance 
date specified in Sec. 63.3083.
    (2) You must develop and begin implementing the work practice plans 
required by Sec. 63.3094(b) and (c) no later than the compliance date 
specified in Sec. 63.3083.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.3161. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3083 and ends on the last day of 
the month following the compliance date. If the compliance date occurs 
on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
month. You must determine the mass of organic HAP emissions and volume 
of coating solids deposited during the initial compliance period. The 
initial compliance demonstration includes the results of emission 
capture system and add-on control device performance tests conducted 
according to Sec. Sec. 63.3164 through 63.3166; supporting 
documentation showing that during the initial compliance period the 
organic HAP emission rate was equal to or less than the emission limits 
in Sec. 63.3091(a); the operating limits established during the 
performance tests and the results of the continuous parameter monitoring 
required by Sec. 63.3168; and documentation of whether you developed 
and implemented the work practice plans required by Sec. 63.3094(b) and 
(c).
    (c) You are not required to conduct an initial performance test to 
determine capture efficiency or destruction efficiency of a capture 
system or control device if you receive approval to use the results of a 
performance test that has been previously conducted on that capture 
system (either a previous stack test or a previous panel test) or 
control device. You are not required to conduct an initial test to 
determine transfer efficiency if you receive approval to use the results 
of a test that has been previously conducted. Any such previous tests 
must meet the conditions described in paragraphs (c)(1) through (3) of 
this section.

[[Page 584]]

    (1) The previous test must have been conducted using the methods and 
conditions specified in this subpart.
    (2) Either no process or equipment changes have been made since the 
previous test was performed or the owner or operator must be able to 
demonstrate that the results of the performance test reliably 
demonstrate compliance despite process or equipment changes.
    (3) Either the required operating parameters were established in the 
previous test or sufficient data were collected in the previous test to 
establish the required operating parameters.

[69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41129, July 8, 2020]



Sec. 63.3161  How do I demonstrate initial compliance?

    (a) You must meet all of the requirements of this section to 
demonstrate initial compliance. To demonstrate initial compliance, the 
organic HAP emissions from the combined electrodeposition primer, 
primer-surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added to 
the affected source pursuant to Sec. 63.3082(c) must meet the 
applicable emission limitation in Sec. 63.3090(a) or Sec. 63.3091(a) 
and the applicable operating limits and work practice standards in 
Sec. Sec. 63.3093 and 63.3094.
    (b) Compliance with operating limits. Except as provided in Sec. 
63.3160(a)(4), you must establish and demonstrate continuous compliance 
during the initial compliance period with the operating limits required 
by Sec. 63.3093, using the procedures specified in Sec. Sec. 63.3167 
and 63.3168.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plans 
required by Sec. 63.3094(b) and (c) during the initial compliance 
period, as specified in Sec. 63.3130.
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (o) of this section to demonstrate compliance 
with the applicable emission limit in Sec. 63.3090(a) or Sec. 
63.3091(a). You may also use the guidelines presented in ``Protocol for 
Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Primer-Surfacer and Topcoat'' EPA-453/R-
08-002 (incorporated by reference, see Sec. 63.14) in making this 
demonstration.
    (e) Determine the mass fraction of organic HAP, density, and volume 
used. Follow the procedures specified in Sec. 63.3151(a) through (c) to 
determine the mass fraction of organic HAP and the density and volume of 
each coating and thinner used during each month. For electrodeposition 
primer operations, the mass fraction of organic HAP, density, and volume 
used must be determined for each material added to the tank or system 
during each month.
    (f) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids (liter 
of coating solids per liter of coating) for each coating used during the 
compliance period by a test or by information provided by the supplier 
or the manufacturer of the material, as specified in paragraphs (f)(1) 
and (2) of this section. For electrodeposition primer operations, the 
volume fraction of solids must be determined for each material added to 
the tank or system during each month. If test results obtained according 
to paragraph (f)(1) of this section do not agree with the information 
obtained under paragraph (f)(2) of this section, the test results will 
take precedence unless, after consultation, the facility demonstrates to 
the satisfaction of the enforcement authority that the facility's data 
are correct.
    (1) ASTM Method D2697-03 (Reapproved 2014) or ASTM Method D6093-97 
(Reapproved 2016). You may use ASTM D2697-03 (Reapproved 2014) 
(incorporated by reference, see Sec. 63.14), or ASTM D6093-97 
(Reapproved 2016) (incorporated by reference, see Sec. 63.14), to 
determine the volume fraction of coating solids for each coating. Divide 
the nonvolatile volume percent obtained with the methods by 100 to 
calculate volume fraction of coating solids.
    (2) Information from the supplier or manufacturer of the material. 
You may

[[Page 585]]

obtain the volume fraction of coating solids for each coating from the 
supplier or manufacturer.
    (g) Determine the transfer efficiency for each coating. You must 
determine the transfer efficiency for each primer-surfacer and topcoat 
coating, and for all coatings, except for deadener and for adhesive and 
sealer that are not components of glass bonding systems, used in coating 
operations added to the affected source pursuant to Sec. 63.3082(c) 
using ASTM Method D5066-91 (Reapproved 2017), ``Standard Test Method for 
Determination of the Transfer Efficiency Under Production Conditions for 
Spray Application of Automotive Paints-Weight Basis'' (incorporated by 
reference, see Sec. 63.14), or the guidelines presented in ``Protocol 
for Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Primer-Surfacer and Topcoat'' EPA-453/R-
08-002 (incorporated by reference, see Sec. 63.14). You may conduct 
transfer efficiency testing on representative coatings and for 
representative spray booths as described in ``Protocol for Determining 
the Daily Volatile Organic Compound Emission Rate of Automobile and 
Light-Duty Truck Primer-Surfacer and Topcoat'' EPA-453/R-08-002 
(incorporated by reference, see Sec. 63.14). You may assume 100 percent 
transfer efficiency for electrodeposition primer coatings, glass bonding 
primers, and glass bonding adhesives. For final repair coatings, you may 
assume 40 percent transfer efficiency for air atomized spray and 55 
percent transfer efficiency for electrostatic spray and high volume, low 
pressure spray. For blackout, chip resistant edge primer, interior 
color, inline repair, lower body anti-chip coatings, or underbody anti-
chip coatings, you may assume 40 percent transfer efficiency for air 
atomized spray, 55 percent transfer efficiency for electrostatic spray 
and high volume-low pressure spray, and 80 percent transfer efficiency 
for airless spray.
    (h) Calculate the total mass of organic HAP emissions before add-on 
controls. Calculate the total mass of organic HAP emissions before 
consideration of add-on controls from all coatings and thinners used 
during each month in the combined electrodeposition primer, primer-
surfacer, topcoat, final repair, glass bonding primer, and glass bonding 
adhesive operations plus all coatings and thinners, except for deadener 
materials and for adhesive and sealer materials that are not components 
of glass bonding systems, used in coating operations added to the 
affected source pursuant to Sec. 63.3082(c) using Equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.000

Where:

HBC = Total mass of organic HAP emissions before 
          consideration of add-on controls during the month, kg.
A = Total mass of organic HAP in the coatings used during the month, kg, 
          as calculated in Equation 1A of this section.
B = Total mass of organic HAP in the thinners used during the month, kg, 
          as calculated in Equation 1B of this section.

    (1) Calculate the kg organic HAP in the coatings used during the 
month using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.001

Where:

A = Total mass of organic HAP in the coatings used during the month, kg.
Volc, i = Total volume of coating, i, used during the month, 
          liters.
Dc, i = Density of coating, i, kg coating per liter coating.
Wc, i = Mass fraction of organic HAP in coating, i, kg 
          organic HAP per kg coating.
m = Number of different coatings used during the month.

    (2) Calculate the kg of organic HAP in the thinners used during the 
month using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.002

Where:

B = Total mass of organic HAP in the thinners used during the month, kg.
Volt, j = Total volume of thinner, j, used during the month, 
          liters.
Dt, j = Density of thinner, j, kg per liter.
Wt, j = Mass fraction of organic HAP in thinner, j, kg 
          organic HAP per kg thinner.
n = Number of different thinners used during the month.

    (i) Calculate the organic HAP emission reduction for each controlled 
coating operation. Determine the mass of organic

[[Page 586]]

HAP emissions reduced for each controlled coating operation during each 
month. The emission reduction determination quantifies the total organic 
HAP emissions captured by the emission capture system and destroyed or 
removed by the add-on control device. Use the procedures in paragraph 
(j) of this section to calculate the mass of organic HAP emission 
reduction for each controlled coating operation using an emission 
capture system and add-on control device other than a solvent recovery 
system for which you conduct liquid-liquid material balances. For each 
controlled coating operation using a solvent recovery system for which 
you conduct a liquid-liquid material balance, use the procedures in 
paragraph (k) of this section to calculate the organic HAP emission 
reduction.
    (j) Calculate the organic HAP emission reduction for each controlled 
coating operation not using liquid-liquid material balances. For each 
controlled coating operation using an emission capture system and add-on 
control device other than a solvent recovery system for which you 
conduct liquid-liquid material balances, calculate the mass of organic 
HAP emission reduction for the controlled coating operation, excluding 
all periods of time in which a deviation, including a deviation during a 
period of startup, shutdown, or malfunction, from an operating limit or 
from any CPMS requirement for the capture system or control device 
serving the controlled coating operation occurred, during the month 
using Equation 2 of this section. The calculation of mass of organic HAP 
emission reduction for the controlled coating operation during the month 
applies the emission capture system efficiency and add-on control device 
efficiency to the mass of organic HAP contained in the coatings and 
thinners that are used in the coating operation served by the emission 
capture system and add-on control device during each month. Except as 
provided in paragraph (p) of this section, for any period of time in 
which a deviation, including a deviation during a period of startup, 
shutdown, or malfunction, from an operating limit or from any CPMS 
requirement of the capture system or control device serving the 
controlled coating operation occurred, you must assume zero efficiency 
for the emission capture system and add-on control device. Equation 2 of 
this section treats the materials used during such a deviation as if 
they were used on an uncontrolled coating operation for the time period 
of the deviation.
[GRAPHIC] [TIFF OMITTED] TR26AP04.003

Where:

HCn = Mass of organic HAP emission reduction, excluding all 
          periods of time in which a deviation, including a deviation 
          during a period of startup, shutdown, or malfunction, from an 
          operating limit or from any CPMS requirement for the capture 
          system or control device serving the controlled coating 
          operation occurred, for the controlled coating operation 
          during the month, kg.
AC = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the month, kg, as 
          calculated in Equation 2A of this section.
BC = Total mass of organic HAP in the thinners used in the 
          controlled coating operation during the month, kg, as 
          calculated in Equation 2B of this section.
Aunc = Total mass of organic HAP in the coatings used during 
          all periods of time in which a deviation, including a 
          deviation during a period of startup, shutdown, or 
          malfunction, from an operating limit or from any CPMS 
          requirement for the capture system or control device serving 
          the controlled coating operation occurred for the controlled 
          coating operation during the month, kg, as calculated in 
          Equation 2C of this section.
Bunc = Total mass of organic HAP in the thinners used during 
          all periods of time in which a deviation, including a 
          deviation during a period of startup, shutdown, or 
          malfunction, from an operating limit or from any CPMS 
          requirement for the capture system or control device serving 
          the controlled coating operation occurred for the controlled 
          coating operation during

[[Page 587]]

          the month, kg, as calculated in Equation 2D of this section.
CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent. Use the test methods and 
          procedures specified in Sec. Sec. 63.3164 and 63.3165 to 
          measure and record capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
          control device, percent. Use the test methods and procedures 
          in Sec. Sec. 63.3164 and 63.3166 to measure and record the 
          organic HAP destruction or removal efficiency.

    (1) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation, kg, using Equation 2A of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP04.004

Where:

AC = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the month, kg.
Volc, i = Total volume of coating, i, used during the month, 
          liters.
Dc, i = Density of coating, i, kg per liter.
Wc, i = Mass fraction of organic HAP in coating, i, kg per 
          kg.
m = Number of different coatings used.

    (2) Calculate the mass of organic HAP in the thinners used in the 
controlled coating operation, kg, using Equation 2B of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP04.005

Where:

BC = Total mass of organic HAP in the thinners used in the 
          controlled coating operation during the month, kg.
Volt, j = Total volume of thinner, j, used during the month, 
          liters.
Dt, j = Density of thinner, j, kg per liter.
Wt, j = Mass fraction of organic HAP in thinner, j, kg per 
          kg.
n = Number of different thinners used.

    (3) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation during deviations specified in Sec. 
63.3163(c) and (d), using Equation 2C of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.006

Where:

Aunc = Total mass of organic HAP in the coatings used during 
          all periods of time in which a deviation, including a 
          deviation during a period of startup, shutdown, or 
          malfunction, from an operating limit or from any CPMS 
          requirement for the capture system or control device serving 
          the controlled coating operation occurred for the controlled 
          coating operation during the month, kg.
VOLDi = Total volume of coating, i, used in the controlled 
          coating operation during deviations, liters.
Di = Density of coating, i, kg per liter.
Wi = Mass fraction of organic HAP in coating, i, kg organic 
          HAP per kg coating.
m = Number of different coatings.

    (4) Calculate the mass of organic HAP in the thinners used in the 
controlled coating operation during deviations specified in Sec. 
63.3163(c) and (d), using Equation 2D of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.007

Where:

Bunc = Total mass of organic HAP in the thinners used during 
          all periods of time in which a deviation, including a 
          deviation during a period of startup, shutdown, or 
          malfunction, from an operating limit or from any CPMS 
          requirement for the capture system or control device serving 
          the controlled coating operation occurred for the controlled 
          coating operation during the month, kg.
VOLDj = Total volume of thinner, j, used in the controlled 
          coating operation during deviations, liters.
Dj = Density of thinner, j, kg per liter.
Wh = Mass fraction of organic HAP in thinner, j, kg organic 
          HAP per kg coating.
n = Number of different thinners.

    (k) Calculate the organic HAP emission reduction for each controlled 
coating operation using liquid-liquid material balances. For each 
controlled coating operation using a solvent recovery system for which 
you conduct liquid-liquid material balances, calculate the

[[Page 588]]

mass of organic HAP emission reduction for the coating operation 
controlled by the solvent recovery system using a liquid-liquid material 
balance during the month by applying the volatile organic matter 
collection and recovery efficiency to the mass of organic HAP contained 
in the coatings and thinners used in the coating operation controlled by 
the solvent recovery system during each month. Perform a liquid-liquid 
material balance for each month as specified in paragraphs (k)(1) 
through (6) of this section. Calculate the mass of organic HAP emission 
reduction by the solvent recovery system as specified in paragraph 
(k)(7) of this section.
    (1) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each month. The device must be 
initially certified by the manufacturer to be accurate to within 2.0 percent of the mass of volatile organic matter 
recovered.
    (2) For each solvent recovery system, determine the mass of volatile 
organic matter recovered for the month, kg, based on measurement with 
the device required in paragraph (k)(1) of this section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating and thinner used in the coating operation controlled by the 
solvent recovery system during the month, kg volatile organic matter per 
kg coating. You may determine the volatile organic matter mass fraction 
using EPA Method 24 of 40 CFR part 60, appendix A-7, or an EPA approved 
alternative method, or you may use information provided by the 
manufacturer or supplier of the coating. In the event of any 
inconsistency between information provided by the manufacturer or 
supplier and the results of EPA Method 24 of 40 CFR part 60, appendix A-
7, or an approved alternative method, the test method results will 
govern unless after consultation, the facility demonstrates to the 
satisfaction of the enforcement authority that the facility's data are 
correct.
    (4) Determine the density of each coating and thinner used in the 
coating operation controlled by the solvent recovery system during the 
month, kg per liter, according to Sec. 63.3151(b).
    (5) Measure the volume of each coating and thinner used in the 
coating operation controlled by the solvent recovery system during the 
month, liters.
    (6) Each month, calculate the solvent recovery system's volatile 
organic matter collection and recovery efficiency, using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.008

Where:

RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system during the month, 
          percent.
MVR = Mass of volatile organic matter recovered by the 
          solvent recovery system during the month, kg.
Voli = Volume of coating, i, used in the coating operation 
          controlled by the solvent recovery system during the month, 
          liters.
Di = Density of coating, i, kg per liter.
WVc, i = Mass fraction of volatile organic matter for 
          coating, i, kg volatile organic matter per kg coating.
Volj = Volume of thinner, j, used in the coating operation 
          controlled by the solvent recovery system during the month, 
          liters.
Dj = Density of thinner, j, kg per liter.
WVt, j = Mass fraction of volatile organic matter for 
          thinner, j, kg volatile organic matter per kg thinner.
m = Number of different coatings used in the coating operation 
          controlled by the solvent recovery system during the month.

[[Page 589]]

n = Number of different thinners used in the coating operation 
          controlled by the solvent recovery system during the month.

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month, using Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.009

Where:

HCSR = Mass of organic HAP emission reduction for the coating 
          operation controlled by the solvent recovery system using a 
          liquid-liquid material balance during the month, kg.
ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system, 
          kg, calculated using Equation 4A of this section.
BCSR = Total mass of organic HAP in the thinners used in the 
          coating operation controlled by the solvent recovery system, 
          kg, calculated using Equation 4B of this section.
RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system, percent, from 
          Equation 3 of this section.

    (i) Calculate the mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 4A of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP04.010

Where:

ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system 
          during the month, kg.
Volc, i = Total volume of coating, i, used during the month 
          in the coating operation controlled by the solvent recovery 
          system, liters.
Dc, i = Density of coating, i, kg per liter.
Wc, i = Mass fraction of organic HAP in coating, i, kg per 
          kg.
m = Number of different coatings used.

    (ii) Calculate the mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 4B of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP04.011

Where:

BCSR = Total mass of organic HAP in the thinners used in the 
          coating operation controlled by the solvent recovery system 
          during the month, kg.
Volt, j = Total volume of thinner, j, used during the month 
          in the coating operation controlled by the solvent recovery 
          system, liters.
Dt, j = Density of thinner, j, kg per liter.
Wt, j = Mass fraction of organic HAP in thinner, j, kg per 
          kg.
n = Number of different thinners used.

    (l) Calculate the total volume of coating solids deposited. 
Determine the total volume of coating solids deposited, liters, in the 
combined electrodeposition primer, primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive operations plus 
all coatings and thinners, except for deadener materials and for 
adhesive and sealer materials that are not components of glass bonding 
systems used in coating operations added to the affected source pursuant 
to Sec. 63.3082(c) using Equation 5 of this section:

[[Page 590]]

[GRAPHIC] [TIFF OMITTED] TR24AP07.001

Where:

Vsdep = Total volume of coating solids deposited during the 
          month, liters.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Vs,i = Volume fraction of coating solids for coating, i, 
          liter solids per liter coating, determined according to Sec. 
          63.3161(f).
TEc,i = Transfer efficiency of coating, i, determined 
          according to Sec. 63.3161(g), expressed as a decimal, for 
          example 60 percent must be expressed as 0.60.
M = Number of coatings used during the month.

    (m) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions, kg, during each month, 
using Equation 6 of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP04.013

Where:

HHAP = Total mass of organic HAP emissions for the month, kg.
HBC = Total mass of organic HAP emissions before add-on 
          controls from all the coatings and thinners used during the 
          month, kg, determined according to paragraph (h) of this 
          section.
HCn, i = Total mass of organic HAP emission reduction for 
          controlled coating operation, i, not using a liquid-liquid 
          material balance, excluding all periods of time in which a 
          deviation, including a deviation during a period of startup, 
          shutdown, or malfunction, from an operating limit or from any 
          CPMS requirement for the capture system or control device 
          serving the controlled coating operation occurred, for the 
          controlled coating operation during the month, from Equation 2 
          of this section.
HCSR, j = Total mass of organic HAP emission reduction for 
          coating operation, j, controlled by a solvent recovery system 
          using a liquid-liquid material balance, during the month, kg, 
          from Equation 4 of this section.
HDEV, k, m = Mass of organic HAP emission reduction, based on 
          the capture system and control device efficiency approved 
          under paragraph (p) of this section for period of deviation, 
          m, for controlled coating operation, k, kg, as determined 
          using Equation 8 of this section.
q = Number of controlled coating operations not using a liquid-liquid 
          material balance.
r = Number of coating operations controlled by a solvent recovery system 
          using a liquid-liquid material balance.
Sk = Number of periods of deviation in the month for which 
          non-zero capture and control device efficiencies have been 
          approved for controlled coating operation, k.

    (n) Calculate the organic HAP emission rate for the month. Determine 
the organic HAP emission rate for the month, kg organic HAP per liter 
coating solids deposited, using Equation 7 of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.014

Where:

Hrate = Organic HAP emission rate for the month compliance 
          period, kg organic HAP per liter coating solids deposited.
HHAP = Mass of organic HAP emissions for the month, kg, 
          determined according to Equation 6 of this section.
Vsdep = Total volume of coating solids deposited during the 
          month, liters, from Equation 5 of this section.

    (o) Compliance demonstration. To demonstrate initial compliance, the 
organic HAP emissions from the combined electrodeposition primer, 
primer-surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added to 
the affected source pursuant to Sec. 63.3082(c) must be less than or 
equal

[[Page 591]]

to the applicable emission limitation in Sec. 63.3090(a) or Sec. 
63.3091(a). You must keep all records as required by Sec. Sec. 63.3130 
and 63.3131. As part of the Notification of Compliance Status required 
by Sec. 63.3110, you must submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in Sec. 
63.3090(a) or Sec. 63.3091(a) and you achieved the operating limits 
required by Sec. 63.3093 and the work practice standards required by 
Sec. 63.3094.
    (p) You may request approval from the Administrator to use non-zero 
capture efficiencies and add-on control device efficiencies for any 
period of time in which a deviation, including a deviation during a 
period of startup, shutdown, or malfunction, from an operating limit or 
from any CPMS requirement for the capture system or add-on control 
device serving a controlled coating operation occurred.
    (1) If you have manually collected parameter data indicating that a 
capture system or add-on control device was operating normally during a 
CPMS malfunction, a CPMS out-of-control period, or associated repair, 
then these data may be used to support and document your request to use 
the normal capture efficiency or add-on control device efficiency for 
that period of deviation.
    (2) If you have data indicating the actual performance of a capture 
system or add-on control device (e.g., capture efficiency measured at a 
reduced flow rate or add-on control device efficiency measured at a 
reduced thermal oxidizer temperature) during a deviation, including a 
deviation during a period of startup, shutdown, or malfunction, from an 
operating limit or from any CPMS requirement for the capture system or 
add-on control device serving a controlled coating operation, then these 
data may be used to support and document your request to use these 
values for that period of deviation.
    (3) The organic HAP emission reduction achieved during each period 
of deviation, including a deviation during a period of startup, 
shutdown, or malfunction, from an operating limit or from any CPMS 
requirement for the capture system or add-on control device serving a 
controlled coating operation for which the Administrator has approved 
the use of non-zero capture efficiency and add-on control device 
efficiency values is calculated using Equation 8 of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP04.015

Where:

HDEV = Mass of organic HAP emission reduction achieved during 
          a period of deviation for the controlled coating operation, 
          kg.
ADEV = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the period of deviation, 
          kg, as calculated in Equation 8A of this section.
BDEV = Total mass of organic HAP in the thinners used in the 
          controlled coating operation during the period of deviation, 
          kg, as calculated in Equation 8B of this section.
CEDEV = Capture efficiency of the emission capture system 
          vented to the add-on control device, approved for the period 
          of deviation, percent.
DREDEV = Organic HAP destruction or removal efficiency of the 
          add-on control device approved for the period of deviation, 
          percent.

    (4) Calculate the total mass of organic HAP in the coatings used in 
the controlled coating operation during the period of deviation using 
equation 8A of this section:

[[Page 592]]

[GRAPHIC] [TIFF OMITTED] TR26AP04.016

Where:

ADEV = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the period of deviation, 
          kg.
VOLCDEV, i = total volume of coating, i, used in the 
          controlled coating operation during the period of deviation, 
          liters.
Dc, i = Density of coating, i, kg per liter.
Wc, i = Mass fraction of organic HAP in coating, i, kg per 
          kg.
m = Number of different coatings used.

    (5) Calculate the total mass of organic HAP in the thinners used in 
the controlled coating operation during the period of deviation using 
equation 8B of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.017

Where:

BDEV = Total mass of organic HAP in the thinners used in the 
          controlled coating operation during the period of deviation, 
          kg.
VOLTDEV, j = Total volume of thinner, j, used in the 
          controlled coating operation during the period of deviation, 
          liters.
Dt, j = Density of thinner, j, kg per liter.
Wt, j = Mass fraction of organic HAP in thinner, j, kg per 
          kg.
n = Number of different thinners used.

[69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20233, Apr. 24, 2007; 
85 FR 41129, July 8, 2020; 86 FR 66040, Nov. 19, 2021]



Sec. 63.3162  [Reserved]



Sec. 63.3163  How do I conduct periodic performance tests and 
demonstrate continuous compliance with the emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec. 63.3090(a) or Sec. 63.3091(a), the organic HAP 
emission rate for each compliance period, determined according to the 
procedures in Sec. 63.3161, must be equal to or less than the 
applicable emission limit in Sec. 63.3090(a) or Sec. 63.3091(a). A 
compliance period consists of 1 month. Each month after the end of the 
initial compliance period described in Sec. 63.3160 is a compliance 
period consisting of that month. You must perform the calculations in 
Sec. 63.3161 on a monthly basis.
    (b) If the organic HAP emission rate for any 1 month compliance 
period exceeded the applicable emission limit in Sec. 63.3090(a) or 
Sec. 63.3091(a), this is a deviation from the emission limitation for 
that compliance period and must be reported as specified in Sec. Sec. 
63.3110(c)(6) and 63.3120(a)(6).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.3093 that applies to you, as specified in 
table 1 to this subpart, and you must conduct performance tests as 
specified in paragraph (c)(3) of this section.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 to this subpart, this is a deviation from the operating limit 
that must be reported as specified in Sec. Sec. 63.3110(c)(6) and 
63.3120(a)(6).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 1 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation except as provided in 
Sec. 63.3161(p).
    (3) Except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec. 63.3161(k) for 
controlled coating operations, you must conduct periodic performance 
tests of add-on controls and establish the operating limits required by 
Sec. 63.3093 within 5 years following the previous performance test. 
You must conduct the first periodic performance

[[Page 593]]

test before July 8, 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 40 CFR part 71 and have 
conducted a performance test on or after July 8, 2022. 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. For any control device for 
which you are using the catalytic oxidizer control option at Sec. 
63.3167(b) and following the catalyst maintenance procedures in Sec. 
63.3167(b)(6), you are not required to conduct periodic control device 
performance testing as specified by this paragraph. For any control 
device for which instruments are used to continuously measure organic 
compound emissions, you are not required to conduct periodic control 
device performance testing as specified by this paragraph. The 
requirements of this paragraph do not apply to measuring emission 
capture system efficiency.
    (d) You must meet the requirements for bypass lines in Sec. 
63.3168(b) for control devices other than solvent recovery systems for 
which you conduct liquid-liquid material balances. If any bypass line is 
opened and emissions are diverted to the atmosphere when the coating 
operation is running, this is a deviation that must be reported as 
specified in Sec. Sec. 63.3110(c)(6) and 63.3120(a)(6). For the 
purposes of completing the compliance calculations specified in Sec. 
63.3161(k), you must assume that the emission capture system and add-on 
control device were achieving zero efficiency during the time period of 
the deviation.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.3094. If you did not develop a work 
practice plan, if you did not implement the plan, or if you did not keep 
the records required by Sec. 63.3130(n), this is a deviation from the 
work practice standards that must be reported as specified in Sec. Sec. 
63.3110(c)(6) and 63.3120(a)(6).
    (f) If there were no deviations from the emission limitations, 
submit a statement as part of the semiannual compliance report that you 
were in compliance with the emission limitations during the reporting 
period because the organic HAP emission rate for each compliance period 
was less than or equal to the applicable emission limit in Sec. 
63.3090(a) or Sec. 63.3091(a), Sec. 63.3090(b) or Sec. 63.3091(b), or 
Sec. 63.3092(a) or Sec. 63.3092(b), you achieved the operating limits 
required by Sec. 63.3093, and you achieved the work practice standards 
required by Sec. 63.3094 during each compliance period.
    (g) [Reserved]
    (h) Before January 5, 2021, consistent with Sec. Sec. 63.6(e) and 
63.7(e)(1), deviations that occur during a period of SSM of the emission 
capture system, add-on control device, or coating operation that may 
affect emission capture or control device efficiency 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 you identify as 
a SSM are violations according to the provisions in Sec. 63.6(e). On 
and after January 5, 2021, the provisions of this paragraph no longer 
apply.
    (i) [Reserved]
    (j) You must maintain records as specified in Sec. Sec. 63.3130 and 
63.3131.

[69 FR 22623, Apr. 26, 2004, as amended at 71 FR 20464, Apr. 20, 2006; 
85 FR 41130, July 8, 2020]



Sec. 63.3164  What are the general requirements for performance tests?

    (a) You must conduct each applicable performance test required by 
Sec. Sec. 63.3160, 63.3163, and 63.3171 according to the requirements 
in Sec. 63.7(e)(1) and under the conditions in this section unless you 
obtain a waiver of the performance test according to the provisions in 
Sec. 63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Before January 5, 2021, operations during 
periods of SSM, and during periods of nonoperation do not constitute 
representative conditions. You must record the process information that 
is necessary to document operating conditions during the test and 
explain why the conditions represent

[[Page 594]]

normal operation. On and after January 5, 2021, operations during 
periods of startup, shutdown, or nonoperation do not constitute 
representative conditions for purposes of conducting a performance test. 
The owner or operator 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.
    (2) Representative emission capture system and add-on control device 
operating conditions. You must conduct the performance test when the 
emission capture system and add-on control device are operating at a 
representative flow rate, and the add-on control device is operating at 
a representative inlet concentration. You must record information that 
is necessary to document emission capture system and add-on control 
device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.3165. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec. 63.3166.

[69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41130, July 8, 2020]



Sec. 63.3165  How do I determine the emission capture system efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required by 
Sec. Sec. 63.3160 and 63.3163. For purposes of this subpart, a spray 
booth air seal is not considered a natural draft opening in a PTE or a 
temporary total enclosure provided you demonstrate that the direction of 
air movement across the interface between the spray booth air seal and 
the spray booth is into the spray booth. For purposes of this subpart, a 
bake oven air seal is not considered a natural draft opening in a PTE or 
a temporary total enclosure provided you demonstrate that the direction 
of air movement across the interface between the bake oven air seal and 
the bake oven is into the bake oven. You may use lightweight strips of 
fabric or paper, or smoke tubes to make such demonstrations as part of 
showing that your capture system is a PTE or conducting a capture 
efficiency test using a temporary total enclosure. You cannot count air 
flowing from a spray booth air seal into a spray booth as air flowing 
through a natural draft opening into a PTE or into a temporary total 
enclosure unless you elect to treat that spray booth air seal as a 
natural draft opening. You cannot count air flowing from a bake oven air 
seal into a bake oven as air flowing through a natural draft opening 
into a PTE or into a temporary total enclosure unless you elect to treat 
that bake oven air seal as a natural draft opening.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the 
enclosure to an add-on control device.
    (2) All coatings and thinners used in the coating operation are 
applied within the capture system, and coating solvent flash-off and 
coating curing and drying occurs within the capture system. For example, 
this criterion is not met if parts enter the open shop environment when 
being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the five procedures described in paragraphs (c) 
through (g) of this section to measure capture efficiency. The capture 
efficiency measurements use TVH capture efficiency as a surrogate for 
organic HAP capture efficiency. For the protocols in paragraphs (c) and 
(d) of this section, the capture efficiency measurement must consist of 
three test runs. Each test run must be at least 3 hours duration or the 
length of a production run, whichever is longer, up to 8 hours. For the 
purposes of this

[[Page 595]]

test, a production run means the time required for a single part to go 
from the beginning to the end of production, which includes surface 
preparation activities and drying or curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of TVH emissions not captured by the emission 
capture system. Use a temporary total enclosure or a building enclosure 
and the procedures in paragraphs (c)(1) through (6) of this section to 
measure emission capture system efficiency using the liquid-to-
uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings and thinners are applied, and all 
areas where emissions from these applied coatings and thinners 
subsequently occur, such as flash-off, curing, and drying areas. The 
areas of the coating operation where capture devices collect emissions 
for routing to an add-on control device, such as the entrance and exit 
areas of an oven or spray booth, must also be inside the enclosure. The 
enclosure must meet the applicable definition of a temporary total 
enclosure or building enclosure in Method 204 of appendix M to 40 CFR 
part 51.
    (2) Use Method 204A or F of appendix M to 40 CFR part 51 to 
determine the mass fraction of TVH liquid input from each coating and 
thinner used in the coating operation during each capture efficiency 
test run. To make the determination, substitute TVH for each occurrence 
of the term volatile organic compounds (VOC) in the methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the coatings and thinners used in the coating 
operation during each capture efficiency test run.
[GRAPHIC] [TIFF OMITTED] TR26AP04.018

Where:

TVHi = Mass fraction of TVH in coating or thinner, i, used in 
          the coating operation during the capture efficiency test run, 
          kg TVH per kg material.
Voli = Total volume of coating or thinner, i, used in the 
          coating operation during the capture efficiency test run, 
          liters.
Di = Density of coating or thinner, i, kg material per liter 
          material.
n = Number of different coatings and thinners used in the coating 
          operation during the capture efficiency test run.

    (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure 
the total mass, kg, of TVH emissions that are not captured by the 
emission capture system; they are measured as they exit the temporary 
total enclosure or building enclosure during each capture efficiency 
test run. To make the measurement, substitute TVH for each occurrence of 
the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound emitting 
operations inside the building enclosure, other than the coating 
operation for which capture efficiency is being determined, must be shut 
down, but all fans and blowers must be operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.019


[[Page 596]]


Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVH used = Total mass of TVH liquid input used in the coating 
          operation during the capture efficiency test run, kg.
TVH uncaptured = Total mass of TVH that is not captured by 
          the emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (d)(1) through (5) of this 
section to measure emission capture system efficiency using the gas-to-
gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings and thinners are applied, and all 
areas where emissions from these applied coatings and thinners 
subsequently occur, such as flash-off, curing, and drying areas. The 
areas of the coating operation where capture devices collect emissions 
generated by the coating operation for routing to an add-on control 
device, such as the entrance and exit areas of an oven or a spray booth, 
must also be inside the enclosure. The enclosure must meet the 
applicable definition of a temporary total enclosure or building 
enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204B or C of appendix M to 40 CFR part 51 to measure 
the total mass, kg, of TVH emissions captured by the emission capture 
system during each capture efficiency test run as measured at the inlet 
to the add-on control device. To make the measurement, substitute TVH 
for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or C measurement must be 
upstream from the add-on control device and must represent total 
emissions routed from the capture system and entering the add-on control 
device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously or 
sequentially measured in each duct, and the total emissions entering the 
add-on control device must be determined.
    (3) Use Method 204D or E of appendix M to 40 CFR part 51 to measure 
the total mass, kg, of TVH emissions that are not captured by the 
emission capture system; they are measured as they exit the temporary 
total enclosure or building enclosure during each capture efficiency 
test run. To make the measurement, substitute TVH for each occurrence of 
the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound emitting 
operations inside the building enclosure, other than the coating 
operation for which capture efficiency is being determined, must be shut 
down, but all fans and blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.020

Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.

[[Page 597]]

TVHcaptured = Total mass of TVH captured by the emission 
          capture system as measured at the inlet to the add-on control 
          device during the emission capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.

    (5) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (e) Panel testing to determine the capture efficiency of flash-off 
or bake oven emissions. You may conduct panel testing to determine the 
capture efficiency of flash-off or bake oven emissions using ASTM Method 
D5087-02, ``Standard Test Method for Determining Amount of Volatile 
Organic Compound (VOC) Released from Solventborne Automotive Coatings 
and Available for Removal in a VOC Control Device (Abatement)'' 
(incorporated by reference, see Sec. 63.14), ASTM Method D6266-00a 
(2017), ``Test Method for Determining the Amount of Volatile Organic 
Compound (VOC) Released from Waterborne Automotive Coatings and 
Available for Removal in a VOC Control Device (Abatement)'' 
(incorporated by reference, see Sec. 63.14), or the guidelines 
presented in ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Primer-
Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by reference, see 
Sec. 63.14). You may conduct panel testing on representative coatings 
as described in ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Primer-
Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by reference, see 
Sec. 63.14).
    (1) Calculate the volume of coating solids deposited per volume of 
coating used for coating, i, or the composite volume of coating solids 
deposited per volume of coating used for the group of coatings including 
coating, i, used during the month in the spray booth(s) preceding the 
flash-off area or bake oven for which the panel test is conducted using 
Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.022

Where:

Vsdep, i = Volume of coating solids deposited per volume of 
          coating used for coating, i, or composite volume of coating 
          solids deposited per volume of coating used for the group of 
          coatings including coating, i, in the spray booth(s) preceding 
          the flash-off area or bake oven for which the panel test is 
          conducted, liter of coating solids deposited per liter of 
          coating used.
Vs, i = Volume fraction of coating solids for coating, i, or 
          average volume fraction of coating solids for the group of 
          coatings including coating, i, liter coating solids per liter 
          coating, determined according to Sec. 63.3161(f).
TEc, i = Transfer efficiency of coating, i, or average 
          transfer efficiency for the group of coatings including 
          coating, i, in the spray booth(s) for the flash-off area or 
          bake oven for which the panel test is conducted determined 
          according to Sec. 63.3161(g), expressed as a decimal, for 
          example 60 percent must be expressed as 0.60. (Transfer 
          efficiency also may be determined by testing representative 
          coatings. The same coating groupings may be appropriate for 
          both transfer efficiency testing and panel testing. In this 
          case, all of the coatings in a panel test grouping would have 
          the same transfer efficiency.)

    (2) Calculate the mass of VOC per volume of coating for coating, i, 
or the composite mass of VOC per volume of coating for the group of 
coatings including coating, i, used during the month in the spray 
booth(s) preceding the flash-off area or bake oven for which the panel 
test is conducted, kg, using Equation 6 of this section:
[GRAPHIC] [TIFF OMITTED] TR24AP07.003

Where:

VOCi = Mass of VOC per volume of coating for coating, i, or 
          composite mass of VOC per volume of coating for the group of 
          coatings including coating, i, used during the month in the 
          spray booth(s) preceding the flash-off area or bake oven for 
          which the panel test is conducted, kg VOC per liter coating.
Dc,i = Density of coating, i, or average density of the group 
          of coatings, including coating, i, kg coating per liter 
          coating, density determined according to Sec. 63.3151(b).
Wvocc,i = Mass fraction of VOC in coating, i, or average mass 
          fraction of VOC for the group of coatings, including coating, 
          i,

[[Page 598]]

          kg VOC per kg coating, determined by EPA Method 24 (appendix 
          A-7 to 40 CFR part 60) or the guidelines for combining 
          analytical VOC content and formulation solvent content 
          presented in Section 9 of ``Protocol for Determining the Daily 
          Volatile Organic Compound Emission Rate of Automobile and 
          Light-Duty Truck Primer-Surfacer and Topcoat,'' EPA-453/R-08-
          002 (incorporated by reference, see Sec. 63.14).

    (3) As an alternative, you may choose to express the results of your 
panel tests in units of mass of VOC per mass of coating solids deposited 
and convert such results to a percent using Equation 7 of this section. 
If you panel test representative coatings, then you may convert the 
panel test result for each representative coating either to a unique 
percent capture efficiency for each coating grouped with that 
representative coating by using coating specific values for the mass of 
coating solids deposited per mass of coating used, mass fraction VOC, 
transfer efficiency, and mass fraction solids in Equations 7 and 8 of 
this section; or to a composite percent capture efficiency for the group 
of coatings by using composite values for the group of coatings for the 
mass of coating solids deposited per mass of coating used and average 
values for the mass of VOC per volume of coating, average values for the 
group of coatings for mass fraction VOC, transfer efficiency, and mass 
fraction solids in Equations 7 and 8 of this section. If you panel test 
each coating, then you must convert the panel test result for each 
coating to a unique percent capture efficiency for that coating by using 
coating specific values for the mass of coating solids deposited per 
mass of coating used, mass fraction VOC, transfer efficiency, and mass 
fraction solids in Equations 7 and 8 of this section. Panel test results 
expressed in units of mass of VOC per mass of coating solids deposited 
must be converted to percent capture efficiency using Equation 7 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR24AP07.004

Where:

CEi = Capture efficiency for coating, i, or for the group of 
          coatings including coating, i, for the flash-off area or bake 
          oven for which the panel test is conducted, percent.
Pm,i = Panel test result for coating, i, or for the coating 
          representing coating, i, in the panel test, kg of VOC per kg 
          of coating solids deposited.
Wsdep,i = Mass of coating solids deposited per mass of 
          coating used for coating, i, or composite mass of coating 
          solids deposited per mass of coating used for the group of 
          coatings, including coating, i, in the spray booth(s) 
          preceding the flash-off area or bake oven for which the panel 
          test is conducted, kg of solids deposited per kg of coating 
          used, from Equation 8 of this section.
Wvocc,i = Mass fraction of VOC in coating, i, or average mass 
          fraction of VOC for the group of coatings, including coating, 
          i, kg VOC per kg coating, determined by EPA Method 24 
          (appendix A-7 to 40 CFR part 60) or the guidelines for 
          combining analytical VOC content and formulation solvent 
          content presented in Section 9 of ``Protocol for Determining 
          the Daily Volatile Organic Compound Emission Rate of 
          Automobile and Light-Duty Truck Primer-Surfacer and Topcoat,'' 
          EPA-453/R-08-002 (incorporated by reference, see Sec. 63.14).

    (4) Calculate the mass of coating solids deposited per mass of 
coating used for each coating or the composite mass of coating solids 
deposited per mass of coating used for each group of coatings used 
during the month in the spray booth(s) preceding the flash-off area or 
bake oven for which the panel test is conducted using Equation 8 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.025

Where:

Wsdep, i = Mass of coating solids deposited per mass of 
          coating used for coating, i, or composite mass of coating 
          solids deposited per mass of coating used for the group of 
          coatings including coating, i, in the spray booth(s) preceding 
          the flash-off area or bake oven for which the panel test is 
          conducted, kg coating solids deposited per kg coating used.
Ws, i = Mass fraction of coating solids for coating, i, or 
          average mass fraction of coating solids for the group of 
          coatings including coating, i, kg coating solids per kg 
          coating, determined by EPA Method 24 (appendix A-7 to 40 CFR 
          part 60) or the guidelines for combining analytical VOC 
          content and formulation solvent content presented in 
          ``Protocol for Determining the Daily Volatile Organic Compound 
          Emission Rate of Automobile and Light-

[[Page 599]]

          Duty Truck Primer-Surfacer and Topcoat,'' EPA-453/R-08-002 
          (incorporated by reference, see Sec. 63.14).
TEc, i = Transfer efficiency of coating, i, or average 
          transfer efficiency for the group of coatings including 
          coating, i, in the spray booth(s) for the flash-off area or 
          bake oven for which the panel test is conducted determined 
          according to Sec. 63.3161(g), expressed as a decimal, for 
          example 60 percent must be expressed as 0.60. (Transfer 
          efficiency also may be determined by testing representative 
          coatings. The same coating groupings may be appropriate used 
          for both transfer efficiency testing and panel testing. In 
          this case, all of the coatings in a panel test grouping would 
          have the same transfer efficiency.)

    (f) Alternative capture efficiency procedure. As an alternative to 
the procedures specified in paragraphs (c) through (e) and (g) of this 
section, you may determine capture efficiency using any other capture 
efficiency protocol and test methods that satisfy the criteria of either 
the DQO or LCL approach as described in appendix A to subpart KK of this 
part.
    (g) Panel testing to determine the capture efficiency of spray booth 
emissions from solvent-borne coatings. You may conduct panel testing to 
determine the capture efficiency of spray booth emissions from solvent-
borne coatings using the procedure in appendix A to this subpart.

[69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20234, Apr. 24, 2007; 
85 FR 41131, July 8, 2020; 86 FR 66040, Nov. 19, 2021]



Sec. 63.3166  How do I determine the add-on control device emission
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec. 63.3160, 
Sec. 63.3163, or Sec. 63.3171. You must conduct three test runs as 
specified in Sec. 63.7(e)(3), and each test run must last at least 1 
hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use EPA Method 1 or 1A of appendix A-1 to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use EPA Method 2, 2A, 2C, 2D, or 2F of appendix A-1, or 2G of 
appendix A-2 to 40 CFR part 60, as appropriate, to measure gas 
volumetric flow rate.
    (3) Use EPA Method 3, 3A, or 3B of appendix A-2 to 40 CFR part 60, 
as appropriate, for gas analysis to determine dry molecular weight. The 
ANSI/ASME PTC 19.10-1981 (incorporated by reference, see Sec. 63.14), 
may be used as an alternative to EPA Method 3B.
    (4) Use EPA Method 4 of appendix A-3 to 40 CFR part 60 to determine 
stack gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either EPA Method 25 or 25A of appendix A-7 to 40 CFR part 60, as 
specified in paragraphs (b)(1) through (4) of this section. You must use 
the same method for both the inlet and outlet measurements.
    (1) Use Method 25 if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be more 
than 50 parts per million by volume (ppmv) at the control device outlet.
    (2) Use Method 25A if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be 50 
ppmv or less at the control device outlet.
    (3) Use Method 25A if the add-control device is not an oxidizer.
    (4) You may use EPA Method 18 of appendix A-6 to 40 CFR part 60 to 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator with 
an outlet for the high-volume, dilute stream that has been treated by 
the concentrator, and a second add-on control device is an oxidizer with 
an outlet for the low-volume, concentrated stream that is treated with 
the oxidizer, you must measure emissions at the outlet of the

[[Page 600]]

oxidizer and the high volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic emissions 
mass flow rates for the inlet and the outlet of the add-on control 
device, using Equation 1 of this section. If there is more than one 
inlet or outlet to the add-on control device, you must calculate the 
total gaseous organic mass flow rate using Equation 1 of this section 
for each inlet and each outlet and then total all of the inlet emissions 
and total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TR26AP04.026

Where:

Mf = Total gaseous organic emissions mass flow rate, kg per 
          hour (kg/h).
Cc = Concentration of organic compounds as carbon in the vent 
          gas, as determined by Method 25 or Method 25A, ppmv, dry 
          basis.
Qsd = Volumetric flow rate of gases entering or exiting the 
          add-on control device, as determined by Method 2, 2A, 2C, 2D, 
          2F, or 2G, dry standard cubic meters per hour (dscm/h).
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
          (mol/m\3\) (@ 293 Kelvin (K) and 760 millimeters of mercury 
          (mmHg)).

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.027

Where:

DRE = Organic emissions destruction or removal efficiency of the add-on 
          control device, percent.
Mfi = Total gaseous organic emissions mass flow rate at the 
          inlet(s) to the add-on control device, using Equation 1 of 
          this section, kg/h.
Mfo = Total gaseous organic emissions mass flow rate at the 
          outlet(s) of the add-on control device, using Equation 1 of 
          this section, kg/h.

    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.

[69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41131, July 8, 2020]



Sec. 63.3167  How do I establish the add-on control device operating
limits during performance tests?

    During the performance tests required by Sec. Sec. 63.3160, 
63.3163, and 63.3171 (and described in Sec. Sec. 63.3164 and 63.3166), 
you must establish the operating limits required by Sec. 63.3093 
according to this section, unless you have received approval for 
alternative monitoring and operating limits under Sec. 63.8(f) as 
specified in Sec. 63.3093.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limit according to paragraphs (a)(1) 
through (3) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of the 
three test runs. You must monitor the temperature in the firebox of the 
thermal oxidizer or immediately downstream of the firebox before any 
substantial heat exchange occurs.
    (2) Use all valid data collected during the performance test to 
calculate and record the average combustion temperature maintained 
during the performance test. This average combustion temperature is the 
minimum 3-hour average operating limit for your thermal oxidizer.
    (3) As an alternative, if the latest operating permit issued before 
April 26, 2007, for the thermal oxidizer at your facility contains 
recordkeeping and reporting requirements for the combustion temperature 
that are consistent with the requirements for thermal oxidizers in 40 
CFR 60.395(c), then you may set the minimum operating limit for the 
combustion temperature for each such thermal oxidizer at your affected 
source at 28 degrees Celsius (50 degrees Fahrenheit) below the average 
combustion temperature during the performance test of that thermal 
oxidizer. If you do not have an operating permit for the thermal 
oxidizer at your facility and the latest construction permit issued 
before April 26, 2007, for the thermal oxidizer at your facility

[[Page 601]]

contains recordkeeping and reporting requirements for the combustion 
temperature that are consistent with the requirements for thermal 
oxidizers in 40 CFR 60.395(c), then you may set the minimum operating 
limit for the combustion temperature for each such thermal oxidizer at 
your affected source at 28 degrees Celsius (50 degrees Fahrenheit) below 
the average combustion temperature during the performance test of that 
thermal oxidizer. If you use 28 degrees Celsius (50 degrees Fahrenheit) 
below the combustion temperature maintained during the performance test 
as the minimum operating limit for a thermal oxidizer, then you must 
keep the combustion temperature set point on that thermal oxidizer no 
lower than 14 degrees Celsius (25 degrees Fahrenheit) below the lower of 
that set point during the performance test for that thermal oxidizer and 
the average combustion temperature maintained during the performance 
test for that thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) through (3) or paragraphs (b)(4) through (6) of this 
section.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use all valid data collected during the performance test to 
calculate and record the average temperature just before the catalyst 
bed and the average temperature difference across the catalyst bed 
maintained during the performance test. The minimum 3-hour average 
operating limits for your catalytic oxidizer are the average temperature 
just before the catalyst bed maintained during the performance test of 
that catalytic oxidizer and 80 percent of the average temperature 
difference across the catalyst bed maintained during the performance 
test of that catalytic oxidizer, except during periods of low 
production, the latter minimum operating limit is to maintain a positive 
temperature gradient across the catalyst bed. A low production period is 
when production is less than 80 percent of production rate during the 
performance test of that catalytic oxidizer.
    (3) As an alternative, if the latest operating permit issued before 
April 26, 2007, for the catalytic oxidizer at your facility contains 
recordkeeping and reporting requirements for the temperature before the 
catalyst bed that are consistent with the requirements for catalytic 
oxidizers in 40 CFR 60.395(c), then you may set the minimum operating 
limits for each such catalytic oxidizer at your affected source at 28 
degrees Celsius (50 degrees Fahrenheit) below the average temperature 
just before the catalyst bed maintained during the performance test for 
that catalytic oxidizer and 80 percent of the average temperature 
difference across the catalyst bed maintained during the performance 
test for that catalytic oxidizer, except during periods of low 
production the latter minimum operating limit is to maintain a positive 
temperature gradient across the catalyst bed. If you do not have an 
operating permit for the catalytic oxidizer at your facility and the 
latest construction permit issued before April 26, 2007, for the 
catalytic oxidizer at your facility contains recordkeeping and reporting 
requirements for the temperature before the catalyst bed that are 
consistent with the requirements for catalytic oxidizers in 40 CFR 
60.395(c), then you may set the minimum operating limits for each such 
catalytic oxidizer at your affected source at 28 degrees Celsius (50 
degrees Fahrenheit) below the average temperature just before the 
catalyst bed maintained during the performance test for that catalytic 
oxidizer and 80 percent of the average temperature difference across the 
catalyst bed maintained during the performance test for that catalytic 
oxidizer, except during periods of low production the latter minimum 
operating limit is to maintain a positive temperature gradient across 
the catalyst bed. A low production period is when production is less 
than 80 percent of production rate during the performance test. If you 
use 28 degrees Celsius

[[Page 602]]

(50 degrees Fahrenheit) below the average temperature just before the 
catalyst bed maintained during the performance test as the minimum 
operating limits for a catalytic oxidizer, then you must keep the set 
point for the temperature just before the catalyst bed on that catalytic 
oxidizer no lower than 14 degrees Celsius (25 degrees Fahrenheit) below 
the lower of that set point during the performance test for that 
catalytic oxidizer and the average temperature just before the catalyst 
bed maintained during the performance test for that catalytic oxidizer.
    (4) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet to 
the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(6) of this section. During the performance test, you must monitor 
and record the temperature just before the catalyst bed at least once 
every 15 minutes during each of the three test runs. Use all valid data 
collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. This is the minimum operating limit for your catalytic oxidizer.
    (5) If the latest operating permit issued before April 26, 2007, for 
the catalytic oxidizer at your facility contains recordkeeping and 
reporting requirements for the temperature before the catalyst bed that 
are consistent with the requirements for catalytic oxidizers in 40 CFR 
60.395(c), then you may set the minimum operating limit for each such 
catalytic oxidizer at your affected source at 28 degrees Celsius (50 
degrees Fahrenheit) below the average temperature just before the 
catalyst bed maintained during the performance test for that catalytic 
oxidizer. If you do not have an operating permit for the catalytic 
oxidizer at your facility and the latest construction permit issued 
before April 26, 2007, for the catalytic oxidizer at your facility 
contains recordkeeping and reporting requirements for the temperature 
before the catalyst bed that are consistent with the requirements for 
catalytic oxidizers in 40 CFR 60.395(c), then you may set the minimum 
operating limit for each such catalytic oxidizer at your affected source 
at 28 degrees Celsius (50 degrees Fahrenheit) below the average 
temperature just before the catalyst bed maintained during the 
performance test for that catalytic oxidizer. If you use 28 degrees 
Celsius (50 degrees Fahrenheit) below the average temperature just 
before the catalyst bed maintained during the performance test as the 
minimum operating limit for a catalytic oxidizer, then you must keep the 
set point for the temperature just before the catalyst bed on that 
catalytic oxidizer no lower than 14 degrees Celsius (25 degrees 
Fahrenheit) below the lower of that set point during the performance 
test for that catalytic oxidizer and the average temperature just before 
the catalyst bed maintained during the performance test for that 
catalytic oxidizer.
    (6) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(4) or (b)(5) of this section. The plan must 
address, at a minimum, the elements specified in paragraphs (b)(6)(i) 
through (iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures. If problems are found during the 
catalyst activity test, you must replace the catalyst bed or take other 
corrective action consistent with the manufacturer's recommendations.
    (ii) Monthly external inspection of the catalytic oxidizer system, 
including the burner assembly and fuel supply lines for problems and, as 
necessary, adjust the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal inspection of the catalyst bed to check for 
channeling, abrasion, and settling. If problems are found during the 
annual internal inspection of the catalyst, you must replace the 
catalyst bed or take other corrective action consistent with the 
manufacturer's recommendations. If the catalyst bed is replaced and is 
not of like or better kind and quality as

[[Page 603]]

the old catalyst, then you must conduct a new performance test to 
determine destruction efficiency according to Sec. 63.3166. If a 
catalyst bed is replaced and the replacement catalyst is of like or 
better kind and quality as the old catalyst, then a new performance test 
to determine destruction efficiency is not required and you may continue 
to use the previously established operating limits for that catalytic 
oxidizer.
    (c) Regenerative carbon adsorbers. If your add-on control device is 
a regenerative carbon adsorber, establish the operating limits according 
to paragraphs (c)(1) and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing gas 
(e.g., steam or nitrogen) mass flow for each regeneration cycle and the 
carbon bed temperature after each carbon bed regeneration and cooling 
cycle for the regeneration cycle either immediately preceding or 
immediately following the performance test.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle and 
the maximum carbon bed temperature recorded after the cooling cycle.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) of 
this section.
    (1) During the performance test, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.
    (2) Use all valid data collected during the performance test to 
calculate and record the average condenser outlet (product side) gas 
temperature maintained during the performance test. This average 
condenser outlet gas temperature is the maximum 3-hour average operating 
limit for your condenser.
    (e) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (e)(1) and (2)of this section.
    (1) During the performance test, you must monitor and record the 
desorption gas inlet temperature at least once every 15 minutes during 
each of the three runs of the performance test.
    (2) Use all valid data collected during the performance test to 
calculate and record the average desorption gas inlet temperature. The 
minimum operating limit for the concentrator is 8 degrees Celsius (15 
degrees Fahrenheit) below the average desorption gas inlet temperature 
maintained during the performance test for that concentrator. You must 
keep the set point for the desorption gas inlet temperature no lower 
than 6 degrees Celsius (10 degrees Fahrenheit) below the lower of that 
set point during the performance test for that concentrator and the 
average desorption gas inlet temperature maintained during the 
performance test for that concentrator.
    (f) Emission capture systems. For each capture device that is not 
part of a PTE that meets the criteria of Sec. 63.3165(a) and that is 
not capturing emissions from a downdraft spray booth or from a flash-off 
area or bake oven associated with a downdraft spray booth, establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (f)(1) and (2) of this section. The 
operating limit for a PTE is specified in Table 1 to this subpart.
    (1) During the capture efficiency determination required by 
Sec. Sec. 63.3160 and 63.3163 and described in Sec. Sec. 63.3164 and 
63.3165, you must monitor and record either the gas volumetric flow rate 
or the duct static pressure for each separate capture device in your 
emission capture system at least once every 15 minutes during each of 
the three test runs at a point in the duct between the capture device 
and the add-on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device, 
using all valid data. This average gas volumetric flow rate or duct 
static pressure is the minimum operating limit for that specific capture 
device.

[69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20235, Apr. 24, 2007; 
85 FR 41132, July 8, 2020]

[[Page 604]]



Sec. 63.3168  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), (f), and (g) of this section according 
to paragraphs (a)(1) through (6) of this section. You must install, 
operate, and maintain each CPMS specified in paragraphs (b) and (d) of 
this section according to paragraphs (a)(3) through (5) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally-spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for each 
successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, and 
validation check of the CPMS.
    (4) You must maintain the CPMS at all times in accordance with Sec. 
63.3100(d) and have readily available necessary parts for routine 
repairs of the monitoring equipment.
    (5) Before January 5, 2021, you must operate the CPMS and collect 
emission capture system and add-on control device parameter data at all 
times that a controlled coating operation is operating, except during 
monitoring malfunctions, associated repairs, and required quality 
assurance or control activities (including, if applicable, calibration 
checks and required zero and span adjustments). On and after January 5, 
2021, you must operate the CPMS and collect emission capture system and 
add-on control device parameter data at all times that a controlled 
coating operation is operating in accordance with Sec. 63.3100(d).
    (6) Before January 5, 2021, you must not use emission capture system 
or add-on control device parameter data recorded during monitoring 
malfunctions, associated repairs, out-of-control periods, or required 
quality assurance or control activities when calculating data averages. 
You must use all the data collected during all other periods in 
calculating the data averages for determining compliance with the 
emission capture system and add-on control device operating limits. On 
and after January 5, 2021, startups and shutdowns are normal operation 
for this source category. Emissions from these activities are to be 
included when determining if the standards specified in Sec. Sec. 
63.3090, 63.3091, 63.3092, 63.4292, and 63.4293 are being attained. You 
must not use emission capture system or add-on control device parameter 
data recorded during monitoring malfunctions, associated repairs, out-
of-control periods, or required quality assurance or control activities 
when calculating data averages. You must use all the data collected 
during all other periods in calculating the data averages for 
determining compliance with the emission capture system and add-on 
control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Before January 5, 2021, any 
period for which the monitoring system is out of control and data are 
not available for required calculations is a deviation from the 
monitoring requirements. On and after January 5, 2021, except for 
periods of required quality assurance or control activities, any period 
during which the CPMS fails to operate and record data continuously as 
required by paragraph (a)(1) of this section, or generates data that 
cannot be included in calculating averages as specified in this 
paragraph (a)(7) constitutes a deviation from the monitoring 
requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure

[[Page 605]]

mechanism must meet one of the requirements specified in paragraphs 
(b)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must be 
recorded, as well as every time the flow direction is changed. The flow 
control position indicator must be installed at the entrance to any 
bypass line that could divert the emissions away from the add-on control 
device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass line 
valve in the closed 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 
closed position, and the emissions are not diverted away from the add-on 
control device to the atmosphere.
    (iii) Valve closure monitoring. Ensure that any bypass line valve is 
in the closed (nondiverting) position through monitoring of valve 
position at least once every 15 minutes. You must inspect the monitoring 
system at least once every month to verify that the monitor will 
indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the coating operation is stopped when flow is diverted by the 
bypass line away from the add-on control device to the atmosphere when 
the coating operation is running. You must inspect the automatic 
shutdown system at least once every month to verify that it will detect 
diversions of flow and shut down the coating operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec. 63.3120.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used to treat desorbed concentrate streams from 
concentrators or carbon adsorbers), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section:
    (1) For a thermal oxidizer, install a gas temperature monitor in the 
firebox of the thermal oxidizer or in the duct immediately downstream of 
the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install a gas temperature monitor 
upstream of the catalyst bed. If you establish the operating parameters 
for a catalytic oxidizer under Sec. 63.3167(b)(1) through (3), you must 
also install a gas temperature monitor downstream of the catalyst bed. 
The temperature monitors must be in the gas stream immediately before 
and after the catalyst bed to measure the temperature difference across 
the bed. If you establish the operating parameters for a catalytic 
oxidizer under Sec. 63.3167(b)(4) through (6), you need not install a 
gas temperature monitor downstream of the catalyst bed.
    (3) For all thermal oxidizers and catalytic oxidizers, you must meet 
the requirements in paragraphs (a)(1) through (6) and (c)(3)(i) through 
(vii) of this section for each gas temperature monitoring device. For 
the purposes of this paragraph (c)(3), a thermocouple is part of the 
temperature sensor.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process

[[Page 606]]

temperature sensor must yield a reading within 30 degrees Fahrenheit of 
the process temperature sensor reading.
    (vi) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature range 
or install a new temperature sensor.
    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) Regenerative carbon adsorbers. If you are using a regenerative 
carbon adsorber as an add-on control device, you must monitor the total 
regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each 
regeneration cycle, the carbon bed temperature after each regeneration 
and cooling cycle, and comply with paragraphs (a)(3) through (5) and 
(d)(1) and (2) of this section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent, capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must have a measurement 
sensitivity of 1 percent of the temperature (as expressed in degrees 
Fahrenheit) recorded or 1 degree Fahrenheit, whichever is greater, and 
must be capable of recording the temperature within 15 minutes of 
completing any carbon bed cooling cycle.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a)(1) through (6) and (e)(1) and (2) of this section.
    (1) The gas temperature monitor must have a measurement sensitivity 
of 1 percent of the temperature (expressed in degrees Fahrenheit) 
recorded or 1 degree Fahrenheit, whichever is greater.
    (2) The temperature monitor must provide a gas temperature record at 
least once every 15 minutes.
    (f) Concentrators. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must install a 
temperature monitor in the desorption gas stream. The temperature 
monitor must meet the requirements in paragraphs (a)(1) through (6) and 
(c)(3) of this section.
    (g) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (g)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the requirements 
in paragraphs (a)(1) through (6) and (g)(1)(i) through (iv) of this 
section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iii) Conduct a flow sensor calibration check at least semiannually.
    (iv) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a)(1) through (6) and (g)(2)(i) through 
(vi) of this section.
    (i) Locate the pressure tap(s) in a position that provides a 
representative measurement of the pressure drop across each opening you 
are monitoring.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Check pressure tap pluggage daily.
    (iv) Using an inclined manometer with a measurement sensitivity of 
0.0002 inch water, check gauge calibration quarterly and transducer 
calibration monthly.
    (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, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.

[69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41132, July 8, 2020]

[[Page 607]]



Sec. 63.3169  What are the requirements for a capture system or
add-on control device which is not taken into account when demonstrating 
compliance with the 
          applicable emission limitations?

    You may have capture systems or add-on control devices which you 
choose not to take into account when demonstrating compliance with the 
applicable emission limitations. For any such capture system or add-on 
control device, you are not required to comply with the requirements of 
Sec. Sec. 63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 
63.3160 through 63.3168 with regard to notification, reporting, 
recordkeeping, performance tests, monitoring, operating parameters, 
capture efficiency, add-on control device efficiency, destruction 
efficiency, or removal efficiency. If, at a later date, you decide to 
take any such capture system or add-on control device into account when 
demonstrating compliance with the emission limitations, then at that 
time you must comply with the requirements of Sec. Sec. 63.3093, 
63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 63.3168 
with regard to notification, recordkeeping, performance tests, 
monitoring, operating parameters, capture efficiency, add-on control 
device efficiency, destruction efficiency, and removal efficiency, as 
applicable, for that capture system or add-on control device.

[72 FR 20235, Apr. 24, 2007]

Compliance Requirements for the Combined Primer-Surfacer, Topcoat, Final 
   Repair, Glass Bonding Primer, and Glass Bonding Adhesive Emission 
     Limitations and the Separate Electrodeposition Primer Emission 
                               Limitations



Sec. 63.3170  By what date must I conduct performance tests and other
initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of Sec. 63.3160.
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of Sec. 
63.3160.



Sec. 63.3171  How do I demonstrate initial compliance?

    (a) You must meet all of the requirements of this section to 
demonstrate initial compliance. To demonstrate initial compliance, the 
organic HAP emissions from the combined primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive operations plus 
all coatings and thinners, except for deadener materials and for 
adhesive and sealer materials that are not components of glass bonding 
systems, used in coating operations added to the affected source 
pursuant to Sec. 63.3082(c) must meet the applicable emission 
limitation in Sec. 63.3090(b) or Sec. 63.3091(b); the organic HAP 
emissions from the electrodeposition primer operation must meet the 
applicable emissions limitations in Sec. 63.3092(a) or (b); and you 
must meet the applicable operating limits and work practice standards in 
Sec. Sec. 63.3093 and 63.3094.
    (b) Compliance with operating limits. Except as provided in Sec. 
63.3160(a)(4), you must establish and demonstrate continuous compliance 
during the initial compliance period with the operating limits required 
by Sec. 63.3093, using the procedures specified in Sec. Sec. 63.3167 
and 63.3168.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plans 
required by Sec. 63.3094(b) and (c) during the initial compliance 
period, as specified in Sec. 63.3130.
    (d) Compliance with emission limits. You must follow the procedures 
in Sec. 63.3161(e) through (n), excluding materials used in 
electrodeposition primer operations, to demonstrate compliance with the 
applicable emission limit in Sec. 63.3090(b) or Sec. 63.3091(b). You 
must follow the procedures in paragraph (e) of this section to 
demonstrate compliance with the emission limit in Sec. 63.3092(a), or 
paragraphs (f) through (g) of this section to demonstrate compliance 
with the emission limitations in Sec. 63.3092(b).
    (e) Determine the mass fraction of each organic HAP in each material 
used in the electrodeposition primer operation. You must determine the 
mass fraction of each organic HAP for each material used in the 
electrodeposition primer

[[Page 608]]

operation during the compliance period by using one of the options in 
paragraphs (e)(1) through (3) of this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of each organic HAP.
    (2) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. 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 (e)(1) and (2) of this section, such as 
manufacturer's formulation data, if it represents each organic HAP in 
Table 5 to this subpart that is present at 0.1 percent by mass, and at 
1.0 percent by mass or more for other compounds. If there is a 
disagreement between such information and results of a test conducted 
according to paragraph (e)(1) or (2) of this section, then the test 
method results will take precedence unless after consultation, the 
facility demonstrates to the satisfaction of the enforcement authority 
that the facility's data are correct.
    (f) Capture of electrodeposition bake oven emissions. You must show 
that the electrodeposition bake oven meets the criteria in sections 5.3 
through 5.5 of Method 204 of appendix M to 40 CFR part 51 and directs 
all of the exhaust gases from the bake oven to an add-on control device. 
For purposes of this showing, an electrodeposition bake oven air seal is 
not considered a natural draft opening provided you demonstrate that the 
direction of air movement across the interface between the bake oven air 
seal and the bake oven is into the bake oven. You may use lightweight 
strips of fabric or paper, or smoke tubes to make such demonstrations. 
You cannot count air flowing from an electrodeposition bake oven air 
seal into an electrodeposition bake oven as air flowing through a 
natural draft opening unless you elect to treat that electrodeposition 
bake oven air seal as a natural draft opening.
    (g) Control of electrodeposition bake oven emissions. Determine the 
efficiency of each control device on each electrodeposition bake oven 
using the procedures in Sec. Sec. 63.3164 and 63.3166.
    (h) Compliance demonstration. To demonstrate initial compliance, the 
organic HAP emissions from the combined primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive operations plus 
all coatings and thinners, except for deadener materials and for 
adhesive and sealer materials that are not components of glass bonding 
systems, used in coating operations added to the affected source 
pursuant to Sec. 63.3082(c) must meet the applicable emission 
limitation in Sec. 63.3090(b) or Sec. 63.3091(b); the organic HAP 
emissions from the electrodeposition primer operation must meet the 
applicable emissions limitations in Sec. 63.3092(a) or (b). You must 
keep all records as required by Sec. Sec. 63.3130 and 63.3131. As part 
of the Notification of Compliance Status required by Sec. 63.3110, you 
must submit a statement that the coating operation(s) was (were) in 
compliance with the emission limitations during the initial compliance 
period because the organic HAP emission rate from the combined primer-
surfacer, topcoat, final repair, glass bonding primer, and glass bonding 
adhesive operations plus all coatings and thinners, except for deadener 
materials and for adhesive and sealer materials that are not components 
of glass bonding systems, used in coating operations added to the 
affected source pursuant to Sec. 63.3082(c) was less than or equal to 
the applicable emission limit in Sec. 63.3090(b) or Sec. 63.3091(b), 
and the organic HAP emissions from the electrodeposition primer 
operation met the applicable emissions limitations in Sec. 63.3092(a) 
or (b), and you achieved the operating limits required by Sec. 63.3093 
and the work practice standards required by Sec. 63.3094.

[69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20235, Apr. 24, 2007; 
85 FR 41132, July 8, 2020]



Sec. 63.3172  [Reserved]



Sec. 63.3173  How do I demonstrate continuous compliance with
the emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission

[[Page 609]]

limit in Sec. 63.3090(b) or Sec. 63.3091(b), the organic HAP emission 
rate for each compliance period determined according to the procedures 
in Sec. 63.3171 must be equal to or less than the applicable emission 
limit in Sec. 63.3090(b) or Sec. 63.3091(b). A compliance period 
consists of 1 month. Each month after the end of the initial compliance 
period described in Sec. 63.3170 is a compliance period consisting of 
that month. You must perform the calculations in Sec. 63.3171 on a 
monthly basis.
    (b) If the organic HAP emission rate for any 1 month compliance 
period exceeded the applicable emission limit in Sec. 63.3090(b) or 
Sec. 63.3091(b), this is a deviation from the emission limitation for 
that compliance period and must be reported as specified in Sec. Sec. 
63.3110(c)(6) and 63.3120(a)(6).
    (c) You must meet the requirements of Sec. 63.3163(c) through (j).



Sec. 63.3174  What are the requirements for a capture system or
add-on control device which is not taken into account when demonstrating
compliance with the 
          applicable emission limitations?

    You may have capture systems or add-on control devices which you 
choose not to take into account when demonstrating compliance with the 
applicable emission limitations. For any such capture system or add-on 
control device, you are not required to comply with the requirements of 
Sec. Sec. 63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 
63.3160 through 63.3168 with regard to notification, reporting, 
recordkeeping, performance tests, monitoring, operating parameters, 
capture efficiency, add-on control device efficiency, destruction 
efficiency, or removal efficiency. If, at a later date, you decide to 
take any such capture system or add-on control device into account when 
demonstrating compliance with the emission limitations, then at that 
time you must comply with the requirements of Sec. Sec. 63.3093, 
63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 63.3168 
with regard to notification, reporting, recordkeeping, performance 
tests, monitoring, operating parameters, capture efficiency, add-on 
control device efficiency, destruction efficiency, and removal 
efficiency, as applicable, for that capture system or add-on control 
device.

[72 FR 20236, Apr. 24, 2007]

                   Other Requirements and Information



Sec. 63.3175  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, EPA, or a 
delegated authority such as your State, local, or tribal agency. If the 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency (as well as EPA) has the authority to implement 
and enforce this subpart. You should contact your 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 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 listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the work practice standards in Sec. 
63.3094 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. 63.3176  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in the General 
Provisions of this part, and in this section as follows:
    Add-on control device means an air pollution control device, such as 
a thermal oxidizer or carbon adsorber, that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.

[[Page 610]]

    Add-on control device efficiency means the ratio of the emissions 
collected or destroyed by an add-on air pollution control device to the 
total emissions that are introduced into the control device, expressed 
as a percentage.
    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together.
    Adhesive and sealer material means adhesives, sealers and thinners 
added to adhesives or sealers.
    Anti-chip coating means a specialty type of coating designed to 
reduce stone chipping damage. Anti-chip coating may be applied to broad 
areas of the vehicle or to selected vehicle surfaces that are most 
vulnerable to impingement by stones and other road debris. Anti-chip 
coating is typically applied after the electrodeposition primer and 
before the topcoat. Anti-chip coating is a type of primer-surfacer.
    Automobile means a motor vehicle designed to carry up to eight 
passengers, excluding vans, sport utility vehicles, and motor vehicles 
designed primarily to transport light loads of property. See also Light-
duty truck.
    Automobile and light-duty truck assembly plant means a facility 
which assembles automobiles or light-duty trucks, including coating 
facilities and processes.
    Bake oven air seal means an entry or entry vestibule to or an exit 
or exit vestibule from a bake oven which isolates the bake oven from the 
area immediately preceding (for an entry or entry vestibule) or 
immediately following (for an exit or exit vestibule) the bake oven. No 
significant VOC generating activity takes place in a bake oven air seal. 
Fresh air is supplied into a bake oven air seal and is then directed in 
part into the bake oven and in part into the area immediately preceding 
or immediately following the bake oven. All types of bake ovens, 
including ovens associated with spray booths and electrodeposition 
primer bake ovens, may have bake oven air seals.
    Basecoat/clearcoat means a topcoat system applied to exterior and 
selected interior vehicle surfaces primarily to provide an aesthetically 
pleasing appearance and acceptable durability performance. It consists 
of a layer of pigmented basecoat color coating, followed directly by a 
layer of a clear or semitransparent coating. It may include multiple 
layers of color coats or tinted clear materials.
    Blackout coating means a type of specialty coating applied on 
selected vehicle surfaces (including areas of the engine compartment 
visible through the grill, and window and pillar trim) to provide a 
cosmetic appearance. Typically black or dark gray color. Blackout 
coating may be included in either the primer-surfacer or topcoat 
operations.
    Body part means exterior parts such as hoods, fenders, doors, roof, 
quarter panels, decklids, tail gates, and cargo beds. Body parts were 
traditionally made of sheet metal, but now are also made of plastic. 
Bumpers, fascia, and cladding are not body parts.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to collect 
emissions generated by a coating operation in the use of coatings, both 
at the point of application and at subsequent points where emissions 
from the coatings occur, such as flash-off, drying, or curing. As used 
in this subpart, multiple capture devices that collect emissions 
generated by a coating operation are considered a single capture system.
    Catalytic oxidizer means a device for oxidizing pollutants or waste 
materials via flame and heat incorporating a catalyst to aid the 
combustion at lower operating temperature.
    Chip resistant edge primer means an anti-chip coating applied to the 
leading edge of parts such as the hood or roof.
    Cleaning material means a solvent used to remove contaminants and 
other materials such as dirt, grease, oil, and dried (e.g., depainting) 
or wet coating from a substrate before or after coating application; or 
from equipment associated with a coating operation,

[[Page 611]]

such as spray booths, spray guns, tanks, and hangers. Thus, it includes 
any cleaning material used on substrates or equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, caulks, inks, adhesives, primers, 
deadeners, and maskants. Decorative, protective, or functional materials 
that consist only of protective oils for metal, acids, bases, or any 
combination of these substances are not considered coatings for the 
purposes of this subpart.
    Coating operation means equipment used to apply coating to a 
substrate (coating application) and to dry or cure the coating after 
application. A single coating operation always includes at least the 
point at which a coating is applied and all subsequent points in the 
affected source where organic HAP emissions from that coating occur. 
There may be multiple coating operations in an affected source. Coating 
application with hand-held nonrefillable aerosol containers, touchup 
bottles, touchup markers, marking pens, or pinstriping equipment is not 
a coating operation for the purposes of this subpart. The application of 
temporary materials such as protective oils and ``travel waxes'' that 
are designed to be removed from the vehicle before it is delivered to a 
retail purchaser is not a coating operation for the purposes of this 
subpart.
    Coating solids means the nonvolatile portion of the coating.
    Container means a receptacle, such as a can, vessel, tote, or tank, 
in which coatings, solvents or cleaning materials are held, stored, 
mixed, or carried.
    Continuous parameter monitoring system (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 coating operation, or 
capture system, or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through a capture 
system and an add-on control device which are taken into account when 
demonstrating compliance with an emission limitation in this subpart.
    Day tank means tank with agitation and pumping system used for 
mixing and continuous circulation of coatings from the paint storage 
area to the spray booth area of the paint shop.
    Deadener means a specialty coating applied to selected vehicle 
surfaces primarily for the purpose of reducing the sound of road noise 
in the passenger compartment.
    Deadener material means deadener and thinner added to deadener.
    Deposited solids means the coating solids which remain on the 
substrate or object being painted.
    Deviation means:
    (1) Before January 5, 2021, 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) Fails to meet any emission limit or operating limit or work 
practice standard in this subpart during SSM, regardless of whether or 
not such failure is permitted by this subpart; and
    (2) On and after January 5, 2021, 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; 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.
    Electrodeposition primer or electrocoating primer means a process of 
applying a protective, corrosion-resistant waterborne primer on exterior 
and

[[Page 612]]

interior surfaces that provides thorough coverage of recessed areas. It 
is a dip coating method that uses an electrical field to apply or 
deposit the conductive coating onto the part. The object being painted 
acts as an electrode that is oppositely charged from the particles of 
paint in the dip tank. Also referred to as E-Coat, Uni-Prime, and ELPO 
Primer.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Final repair means the operations performed and coating(s) applied 
to completely-assembled motor vehicles or to parts that are not yet on a 
completely assembled motor vehicle to correct damage or imperfections in 
the coating. The curing of the coatings applied in these operations is 
accomplished at a lower temperature than that used for curing primer-
surfacer and topcoat. This lower temperature cure avoids the need to 
send parts that are not yet on a completely assembled vehicle through 
the same type of curing process used for primer-surfacer and topcoat and 
is necessary to protect heat sensitive components on completely 
assembled motor vehicles.
    Flash-off area means the portion of a coating process between the 
coating application station and the next coating application station or 
drying oven where solvent begins to evaporate from the coated vehicle.
    Glass bonding adhesive means an adhesive used to bond windshield or 
other glass to an automobile or light-duty truck body.
    Glass bonding primer means a primer applied to windshield or other 
glass, or to body openings to prepare the glass or body openings for the 
application of glass bonding adhesive, or the installation of adhesive 
bonded glass.
    Guide coat means Primer-surfacer.
    In-line repair means the operation performed and coating(s) applied 
to correct damage or imperfections in the topcoat on parts that are not 
yet on a completely assembled motor vehicle. The curing of the 
coatingspplied in these operations is accomplished at essentially the 
same temperature as that used for curing the previously applied topcoat. 
Also referred to as high bake repair or high bake reprocess. In-line 
repair is considered part of the topcoat operation.
    Light-duty truck means vans, sport utility vehicles, and motor 
vehicles designed primarily to transport light loads of property with 
gross vehicle weight rating of 8,500 lbs or less.
    Lower body anti-chip coating means an anti-chip coating applied to 
lower body surfaces such as rocker panels, valence panels, lower 
portions of doors, or lower portions of fenders.
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material with the test methods specified in 
Sec. Sec. 63.3151 and 63.3161. Manufacturer's formulation data may 
include, but are not limited to, information on density, organic HAP 
content, volatile organic matter content, and coating solids content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as kg 
of organic HAP per kg of material.
    Month means a calendar month or a pre-specified period of 28 days to 
35 days to allow for flexibility in recordkeeping when data are based on 
a business accounting period.
    Organic HAP content means the mass of organic HAP per mass of 
coating material.
    Other motor vehicle means a self-propelled vehicle designed for 
transporting persons or property on a street or highway that has a gross 
vehicle weight rating over 8,500 pounds. You may choose to make the 
coating of other motor vehicles subject to this subpart pursuant to 
Sec. 63.3082(c).
    Other motor vehicle assembly plant means a facility which assembles 
other motor vehicles, including coating facilities and processes.
    Paint line means a set of coating operations which includes a 
topcoat operation and, if present, includes electrodeposition primer, 
primer-surfacer, final repair, glass bonding primer and glass bonding 
adhesive operations in which the same new automobile or new light-duty 
truck bodies, or body parts for new automobiles, or

[[Page 613]]

new light-duty trucks are coated. The most typical paint line consists 
of a set of electrodeposition primer, primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive operations in 
which the same new automobile or new light-duty truck bodies are coated.
    Paint shop means the collection of all areas at the facility in 
which new automobile or new light-duty truck bodies, or body parts for 
new automobiles or new light-duty trucks are phosphated and coated 
(including application, flash-off, drying and curing of 
electrodeposition primer, primer-surfacer, topcoat, final repair, glass 
bonding primer, glass bonding adhesive, deadener, adhesives and 
sealers); all coating operations added to the affected source pursuant 
to Sec. 63.3082(c); all areas at the facility in which substrates or 
equipment are cleaned relating to the coating of new automobile or new 
light-duty truck bodies, the coating of body parts for new automobiles 
or new light-duty trucks, or coating operations added to the affected 
source pursuant to Sec. 63.3082(c); and all areas at the facility used 
for storage, mixing, conveying and waste handling of coatings, thinners 
and cleaning materials related to the coating of new automobile or new 
light-duty truck bodies, the coating of body parts for new automobiles 
or new light-duty trucks, or coating operations added to the affected 
source pursuant to Sec. 63.3082(c). If there is no application of 
topcoat to new automobile or new light-duty truck bodies, or body parts 
for new automobiles or new light-duty trucks at the facility, then for 
purposes of this subpart the facility does not have a paint shop.
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Plastic or composites molding facility means a facility where the 
purchase cost of capital equipment used for plastic or composites 
molding, including presses, tooling, and associated material processing 
and handling equipment, is greater than the purchase cost of capital 
equipment used for the surface coating of new automobile or new light-
duty truck bodies or body parts for new automobiles or new light-duty 
trucks.
    Primer-surfacer means an intermediate protective coating applied on 
the electrodeposition primer and under the topcoat. Primer-surfacer 
provides adhesion, protection, and appearance properties to the total 
finish. Primer-surfacer may also be called guide coat or surfacer. Anti-
chip coating is a type of primer-surfacer.
    Purge/clean operation means the process of flushing paint out and 
cleaning the spray lines when changing colors or to remove undesired 
material. It includes use of air and solvents to clean the lines.
    Purge capture means the capture of purge solvent and materials into 
a closed collection system immediately after purging the system. It is 
used to prevent the release of organic HAP emissions and includes the 
disposal of the captured purge material.
    Purge material means the coating and associated cleaning solvent 
materials expelled from the spray system during the process of cleaning 
the spray lines and applicators when color-changing or to maintain the 
cleanliness of the spray system.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Research or laboratory operations means surface coating for which 
the primary purpose is research and development of new processes and 
products, that is conducted under the close supervision of technically 
trained personnel, and that is not part of the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Sealer means a high solids, high viscosity material, generally, but 
not always, applied in the paint shop after the body has received an

[[Page 614]]

electrodeposition primer coating. The primary purpose of sealers is to 
fill body joints completely so that there is no intrusion of water, 
gases or corrosive materials into the passenger area of the body 
compartment. Also referred to as sealants.
    Spray booth means a ventilated structure housing automatic and/or 
manual spray application equipment for coating operations. Includes 
facilities for the capture and entrapment of particulate overspray.
    Spray booth air seal means an entry or entry vestibule to or exit or 
exit vestibule from a spray booth which isolates the spray booth from 
the area immediately preceding (for an entry or entry vestibule) or 
immediately following (for an exit or exit vestibule) the spray booth. 
No coating application or other VOC generating activity takes place in a 
spray booth air seal. Fresh air is supplied into a spray booth air seal 
and is then directed in part into the spray booth and in part into the 
area immediately preceding or immediately following the spray booth.
    Startup, initial means the first time equipment is used in a 
facility to produce a salable product.
    Surface preparation means use of a cleaning material on a portion of 
or all of a substrate. This includes use of a cleaning material to 
remove dried coating, which is sometimes called ``depainting.''
    Surfacer means Primer-surfacer.
    Tack-wipe means solvent impregnated cloth used to remove dust from 
surfaces prior to application of coatings.
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from a 
given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thermal oxidizer means a device for oxidizing air pollutants or 
waste materials via flame and heat.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Topcoat means the final coating system applied to provide the final 
color and/or a protective finish. The topcoat may be a monocoat color or 
basecoat/clearcoat system. In-line repair and two-tone are part of 
topcoat.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through F of appendix M to 40 CFR part 51 and substituting the 
term TVH each place in the methods where the term VOC is used. The TVH 
includes both VOC and non-VOC.
    Touchup bottle means a coating container with a volume of 0.25 liter 
or less used with a brush or other non-atomizing applicator.
    Transfer efficiency means the ratio of the amount of coating solids 
deposited onto the surface of the object to the total amount of coating 
solids sprayed while applying the coating to the object.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission capture 
system and add-on control device.
    Underbody anti-chip coating means an anti-chip coating applied to 
the underbody or wheel wells primarily for the purpose of protecting 
these areas of the vehicle from stone chipping.
    Volatile organic compound (VOC) means any compound defined as VOC in 
40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating; liters of coating solids per liter of coating.

[69 FR 22623, Apr. 26, 2004, as amended at 71 FR 76927, Dec. 22, 2006; 
72 FR 20236, Apr. 24, 2007; 85 FR 41132, July 8, 2020]



 Sec. Table 1 to Subpart IIII of Part 63--Operating Limits for Capture 
                   Systems and Add-On Control Devices

    If you are required to comply with operating limits by Sec. 
63.3093, you must comply with the applicable operating limits in the 
following table

[[Page 615]]



------------------------------------------------------------------------
                                                        And you must
                                You must meet the        demonstrate
For the following device ...   following operating       continuous
                                    limit ...        compliance with the
                                                     operating limit by
------------------------------------------------------------------------
1. Thermal oxidizer.........  a. The average        i. Collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.3168(c);
                               combustion           ii. Reducing the
                               temperature limit     data to 3-hour
                               established           block averages; and
                               according to Sec. iii. Maintaining the
                               63.3167(a).           3-hour average
                                                     combustion
                                                     temperature at or
                                                     above temperature
                                                     limit.
------------------------------------------------------------------------
2. Catalytic oxidizer.......  a. The average        i. Collecting the
                               temperature           temperature data
                               measured just         temperature
                               before the catalyst   according to Sec.
                               bed in any 3-hour     63.3168(c);
                               period must not      ii. Reducing the
                               fall below the        data to 3-hour
                               limit established     block averages; and
                               according to Sec. iii. Maintaining the
                               63.3167(b); and       3-hour average
                               either.               temperature before
                                                     the catalyst bed at
                                                     or above the
                                                     temperature limit.
                              b. Ensure that the    i. Collecting the
                               average temperature   temperature data
                               difference across     according to Sec.
                               the catalyst bed in   63.3168(c);
                               any 3-hour period    ii. Reducing the
                               does not fall below   data to 3-hour
                               the temperature       block averages; and
                               difference limit     iii. Maintaining the
                               established           3-hour average
                               according to Sec. temperature
                               63.3167(b)(2); or.    difference at or
                                                     above the
                                                     temperature
                                                     difference limit;
                                                     or
                              c. Develop and        i. Maintaining an up-
                               implement an          to-date inspection
                               inspection and        maintenance plan,
                               maintenance plan      records of annual
                               according to Sec. catalyst activity
                               63.3167(b)(4).        checks, records of
                                                     monthly inspections
                                                     of the oxidizer
                                                     system, and records
                                                     of the annual
                                                     internal
                                                     inspections of the
                                                     catalyst bed. If a
                                                     problem is
                                                     discovered during a
                                                     monthly or annual
                                                     inspection required
                                                     by Sec.
                                                     63.3167(b)(4), you
                                                     must take
                                                     corrective action
                                                     as soon as
                                                     practicable
                                                     consistent with the
                                                     manufacturer's
                                                     recommendations.
------------------------------------------------------------------------
3. Regenerative carbon        a. The total          i. Measuring the
 adsorber.                     regeneration          total regeneration
                               desorbing gas         desorbing gas
                               (e.g., steam or       (e.g., steam or
                               nitrogen) mass flow   nitrogen) mass flow
                               for each carbon bed   for each
                               regeneration cycle    regeneration cycle
                               must not fall below   according to Sec.
                               the total             63.3168(d); and
                               regeneration         ii. Maintaining the
                               desorbing gas mass    total regeneration
                               flow limit            desorbing gas mass
                               established           flow at or above
                               according to Sec. the mass flow
                               63.3167(c).           limit.
                              b. The temperature    i. Measuring the
                               of the carbon bed     temperature of the
                               after completing      carbon bed after
                               each regeneration     completing each
                               and any cooling       regeneration and
                               cycle must not        any cooling cycle
                               exceed the carbon     according to Sec.
                               bed temperature       63.3168(d); and
                               limit established    ii. Operating the
                               according to Sec. carbon beds such
                               63.3167(c).           that each carbon
                                                     bed is not returned
                                                     to service until
                                                     completing each
                                                     regeneration and
                                                     any cooling cycle
                                                     until the recorded
                                                     temperature of the
                                                     carbon bed is at or
                                                     below the
                                                     temperature limit.
------------------------------------------------------------------------
4. Condenser................  a. The average        i. Collecting the
                               condenser outlet      condenser outlet
                               (product side) gas    (product side) gas
                               temperature in any    temperature
                               3-hour period must    according to Sec.
                               not exceed the        63.3168(e);
                               temperature limit    ii. Reducing the
                               established           data to 3-hour
                               according to Sec. block averages; and
                               63.3167(d).          iii. Maintaining the
                                                     3-hour average gas
                                                     temperature at the
                                                     outlet at or below
                                                     the temperature
                                                     limit.
------------------------------------------------------------------------
5. Concentrators, including   a. The average        i. Collecting the
 zeolite wheels and rotary     desorption gas        temperature data
 carbon adsorbers.             inlet temperature     according to Sec.
                               in any 3-hour         63.3168(f);
                               period must not      ii. Reducing the
                               fall below the        data to 3-hour
                               limit established     block averages; and
                               according to Sec. iii. maintaining the
                               63.3167(e).           3-hour average
                                                     temperature at or
                                                     above the
                                                     temperature limit.
------------------------------------------------------------------------

[[Page 616]]

 
6. Emission capture system    a. The direction of   i. Collecting the
 that is a PTE.                the air flow at all   direction of air
                               times must be into    flow, and either
                               the enclosure; and    the facial velocity
                               either.               of air through all
                              b. The average         natural draft
                               facial velocity of    openings according
                               air through all       to Sec.
                               natural draft         63.3168(g)(1) or
                               openings in the       the pressure drop
                               enclosure must be     across the
                               at least 200 feet     enclosure according
                               per minute; or.       to Sec.
                              c. The pressure drop   63.3168(g)(2); and
                               across the           ii. Maintaining the
                               enclosure must be     facial velocity of
                               at least 0.007 inch   air flow through
                               water, as             all natural draft
                               established in        openings or the
                               Method 204 of         pressure drop at or
                               appendix M to 40      above the facial
                               CFR part 51.          velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
------------------------------------------------------------------------
7. Emission capture system    a. The average gas    i. Collecting the
 that is not a PTE.            volumetric flow       gas volumetric flow
                               rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.3168(g);
                               device inlet in any  ii. Reducing the
                               3-hour period must    data to 3-hour
                               not fall below the    block averages; and
                               average volumetric   iii. Maintaining the
                               flow rate or duct     3-hour average gas
                               static pressure       volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according to   capture device at
                               Sec. 63.3167(f).    or above the gas
                               This applies only     volumetric flow
                               to capture devices    rate or duct static
                               that are not part     pressure limit.
                               of a PTE that meets
                               the criteria of
                               Sec. 63.3165(a)
                               and that are not
                               capturing emissions
                               from a downdraft
                               spray booth or from
                               a flashoff area or
                               bake oven
                               associated with a
                               downdraft spray
                               booth.
------------------------------------------------------------------------


[69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20236, Apr. 24, 2007]



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

      You must comply with the applicable General Provisions requirements according to the following table:
----------------------------------------------------------------------------------------------------------------
              Citation                       Subject          Applicable to subpart IIII        Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(12).............  General Applicability.  Yes........................
Sec. 63.1(b)(1)-(3)..............  Initial Applicability   Yes........................  Applicability to
                                      Determination.                                       subpart IIII is also
                                                                                           specified in Sec.
                                                                                           63.3081.
Sec. 63.1(c)(1)..................  Applicability After     Yes........................
                                      Standard Established.
Sec. 63.1(c)(2)..................  Applicability of        No.........................  Area sources are not
                                      Permit Program for                                   subject to subpart
                                      Area Sources.                                        IIII.
Sec. 63.1(c)(5)..................  Extensions and          Yes........................
                                      Notifications.
Sec. 63.1(c)(6)..................  Reclassification......  Yes........................
Sec. 63.1(e).....................  Applicability of        Yes........................
                                      Permit Program Before
                                      Relevant Standard is
                                      Set.
Sec. 63.2........................  Definitions...........  Yes........................  Additional definitions
                                                                                           are specified in Sec.
                                                                                             63.3176.
Sec. 63.3........................  Units and               Yes........................
                                      Abbreviations.
Sec. 63.4(a)(1)-(2)..............  Prohibited Activities.  Yes........................
Sec. 63.4(b)-(c).................  Circumvention/          Yes........................
                                      Fragmentation.
Sec. 63.5(a).....................  Preconstruction Review  Yes........................
                                      Applicability.
Sec. 63.5(b)(1), (3), (4), (6)...  Requirements for        Yes........................
                                      Existing, Newly
                                      Constructed, and
                                      Reconstructed Sources.
Sec. 63.5(d)(1)(i)-(ii)(F),        Application for         Yes........................
 (d)(1)(ii)(H), (d)(1)(ii)(J),        Approval of
 (d)(1)(iii), (d)(2)-(4).             Construction/
                                      Reconstruction.
Sec. 63.5(e).....................  Approval of             Yes........................
                                      Construction/
                                      Reconstruction.
Sec. 63.5(f).....................  Approval of             Yes........................
                                      Construction/
                                      Reconstruction Based
                                      on Prior State Review.
Sec. 63.6(a).....................  Compliance With         Yes........................
                                      Standards and
                                      Maintenance
                                      Requirements--Applica
                                      bility.
Sec. 63.6(b)(1)-(5), (b)(7)......  Compliance Dates for    Yes........................  Section 63.3083
                                      New and Reconstructed                                specifies the
                                      Sources.                                             compliance dates.
Sec. 63.6(c)(1), (2), (5)........  Compliance Dates for    Yes........................  Section 63.3083
                                      Existing Sources.                                    specifies the
                                                                                           compliance dates.

[[Page 617]]

 
Sec. 63.6(e)(1)(i)-(ii)..........  Operation and           Yes before January 5, 2021.  See Sec. 63.3100(d)
                                      Maintenance.            No on and after January 5,   for general duty
                                                              2021.                        requirement.
Sec. 63.6(e)(1)(iii).............  Operation and           Yes........................
                                      Maintenance.
Sec. 63.6(e)(3)(i), (e)(3)(iii)-   SSMP..................  Yes before January 5, 2021.
 (ix).                                                        No on and after January 5,
                                                              2021.
Sec. 63.6(f)(1)..................  Compliance Except       Yes before January 5, 2021.
                                      During SSM.             No on and after January 5,
                                                              2021.
Sec. 63.6(f)(2)-(3)..............  Methods for             Yes........................
                                      Determining
                                      Compliance.
Sec. 63.6(g).....................  Use of an Alternative   Yes........................
                                      Standard.
Sec. 63.6(h).....................  Compliance With         No.........................  Subpart IIII does not
                                      Opacity/Visible                                      establish opacity
                                      Emission Standards.                                  standards and does
                                                                                           not require
                                                                                           continuous opacity
                                                                                           monitoring systems
                                                                                           (COMS).
Sec. 63.6(i)(1)-(14), (16).......  Extension of            Yes........................
                                      Compliance.
63.6(j)............................  Presidential            Yes........................
                                      Compliance Exemption.
Sec. 63.7(a)(1)..................  Performance Test        Yes........................  Applies to all
                                      Requirements--Applica                                affected sources.
                                      bility.                                              Additional
                                                                                           requirements for
                                                                                           performance testing
                                                                                           are specified in Sec.
                                                                                            Sec. 63.3164 and
                                                                                           63.3166.
Sec. 63.7(a)(2) except (a)(2)(i)-  Performance Test        Yes........................  Applies only to
 (viii).                              Requirements--Dates.                                 performance tests for
                                                                                           capture system and
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standards.
                                                                                           Section 63.3160
                                                                                           specifies the
                                                                                           schedule for
                                                                                           performance test
                                                                                           requirements that are
                                                                                           earlier than those
                                                                                           specified in Sec.
                                                                                           63.7(a)(2).
Sec. 63.7(a)(3)-(4)..............  Performance Tests       Yes........................
                                      Required By the
                                      Administrator, Force
                                      Majeure.
Sec. 63.7(b)-(d).................  Performance Test        Yes........................  Applies only to
                                      Requirements--Notific                                performance tests for
                                      ation, Quality                                       capture system and
                                      Assurance, Facilities                                add-on control device
                                      Necessary for Safe                                   efficiency at sources
                                      Testing Conditions                                   using these to comply
                                      During Test.                                         with the standards.
Sec. 63.7(e)(1)..................  Conduct of performance  Yes before January 5, 2021.  See Sec. 63.3164.
                                      tests.                  No on and after January 5,
                                                              2021.
Sec. 63.7(e)(2)-(4)..............  Conduct of performance  Yes........................
                                      tests.
Sec. 63.7(f).....................  Performance Test        Yes........................  Applies to all test
                                      Requirements--Use of                                 methods except those
                                      Alternative Test                                     used to determine
                                      Method.                                              capture system
                                                                                           efficiency.
Sec. 63.7(g)-(h).................  Performance Test        Yes........................  Applies only to
                                      Requirements--Data                                   performance tests for
                                      Analysis,                                            capture system and
                                      Recordkeeping,                                       add-on control device
                                      Reporting, Waiver of                                 efficiency at sources
                                      Test.                                                using these to comply
                                                                                           with the standards.
Sec. 63.8(a)(1)-(2)..............  Monitoring              Yes........................  Applies only to
                                      Requirements--Applica                                monitoring of capture
                                      bility.                                              system and add-on
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standards.
                                                                                           Additional
                                                                                           requirements for
                                                                                           monitoring are
                                                                                           specified in Sec.
                                                                                           63.3168.
Sec. 63.8(a)(4)..................  Additional Monitoring   No.........................  Subpart IIII does not
                                      Requirements.                                        have monitoring
                                                                                           requirements for
                                                                                           flares.
Sec. 63.8(b).....................  Conduct of Monitoring.  Yes........................

[[Page 618]]

 
Sec. 63.8(c)(1)..................  Continuous Monitoring   Yes before January 5, 2021.  Section 63.3168
                                      Systems (CMS)           No on and after January 5,   specifies the
                                      Operation and           2021.                        requirements for the
                                      Maintenance.                                         operation of CMS for
                                                                                           capture systems and
                                                                                           add-on control
                                                                                           devices at sources
                                                                                           using these to
                                                                                           comply.
63.8(c)(2)-(3).....................  CMS Operation and       Yes........................  Applies only to
                                      Maintenance.                                         monitoring of capture
                                                                                           system and add-on
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standards.
                                                                                           Additional
                                                                                           requirements for CMS
                                                                                           operations and
                                                                                           maintenance are
                                                                                           specified in Sec.
                                                                                           63.3168.
Sec. 63.8(c)(4)..................  CMS...................  No.........................  Section 63.3168
                                                                                           specifies the
                                                                                           requirements for the
                                                                                           operation of CMS for
                                                                                           capture systems and
                                                                                           add-on control
                                                                                           devices at sources
                                                                                           using these to comply
                                                                                           with the standards.
Sec. 63.8(c)(5)..................  COMS..................  No.........................  Subpart IIII does not
                                                                                           have opacity or
                                                                                           visible emission
                                                                                           standards.
Sec. 63.8(c)(6)..................  CMS Requirements......  No.........................  Section 63.3168
                                                                                           specifies the
                                                                                           requirements for
                                                                                           monitoring systems
                                                                                           for capture systems
                                                                                           and add-on control
                                                                                           devices at sources
                                                                                           using these to comply
                                                                                           with the standards.
Sec. 63.8(c)(7)..................  CMS Out-of-Control      Yes........................
                                      Periods.
Sec. 63.8(c)(8)..................  CMS Out-of-Control      No.........................  Section 63.3120
                                      Periods Reporting.                                   requires reporting of
                                                                                           CMS out-of-control
                                                                                           periods.
Sec. 63.8(d)-(e).................  Quality Control         No.........................  Subpart IIII does not
                                      Program and CMS                                      require the use of
                                      Performance                                          continuous emissions
                                      Evaluation.                                          monitoring systems.
Sec. 63.8(f)(1)-(5)..............  Use of an Alternative   Yes........................
                                      Monitoring Method.
Sec. 63.8(f)(6)..................  Alternative to          No.........................  Subpart IIII does not
                                      Relative Accuracy                                    require the use of
                                      Test.                                                CEMS.
Sec. 63.8(g).....................  Data Reduction........  No.........................  Sections 63.3167 and
                                                                                           63.3168 specify
                                                                                           monitoring data
                                                                                           reduction.
Sec. 63.9(a).....................  Notification            Yes........................
                                      Requirements.
Sec. 63.9(b)(1)-(2)..............  Initial Notifications.  Yes........................
Sec. 63.9(b)(4)(i), (b)(4)(v),     Application for         Yes........................
 (b)(5).                              Approval of
                                      Construction or
                                      Reconstruction.
Sec. 63.9(c).....................  Request for Extension   Yes........................
                                      of Compliance.
Sec. 63.9(d).....................  Special Compliance      Yes........................
                                      Requirement
                                      Notification.
Sec. 63.9(e).....................  Notification of         Yes........................  Applies only to
                                      Performance Test.                                    capture system and
                                                                                           add-on control device
                                                                                           performance tests at
                                                                                           sources using these
                                                                                           to comply with the
                                                                                           standards.
Sec. 63.9(f).....................  Notification of         No.........................  Subpart IIII does not
                                      Visible Emissions/                                   have opacity or
                                      Opacity Test.                                        visible emission
                                                                                           standards.
Sec. 63.9(g).....................  Additional              No.........................  Subpart IIII does not
                                      Notifications When                                   require the use of
                                      Using CMS.                                           CEMS.
Sec. 63.9(h)(1)-(3), (5)-(6).....  Notification of         Yes........................  Section 63.3110
                                      Compliance Status.                                   specifies the dates
                                                                                           for submitting the
                                                                                           notification of
                                                                                           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--Applicabil
                                      ity and General
                                      Information.

[[Page 619]]

 
Sec. 63.10(b)(1).................  General Recordkeeping   Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           Sec. 63.3130 and
                                                                                           63.3131.
Sec. 63.10(b)(2)(i)-(ii).........  Recordkeeping of        Yes before January 5, 2021.  See 63.3130(g).
                                      Occurrence and          No on and after January 5,
                                      Duration of Startups    2021.
                                      and Shutdowns and of
                                      Failures to Meet
                                      Standards.
Sec. 63.10(b)(2)(iii)............  Recordkeeping Relevant  Yes........................
                                      to Maintenance of Air
                                      Pollution Control and
                                      Monitoring Equipment.
Sec. 63.10(b)(2)(iv)-(v).........  Actions Taken to        Yes before January 5, 2021.  See Sec.
                                      Minimize Emissions      No on and after January 5,   63.3130(g)(4) for a
                                      During SSM.             2021.                        record of actions
                                                                                           taken to minimize
                                                                                           emissions during a
                                                                                           deviation from the
                                                                                           standard.
Sec. 63.10(b)(2)(vi).............  Recordkeeping for CMS   Yes before January 5, 2021.  See Sec. 63.3130(g)
                                      Malfunctions.           No on and after January 5,   for records of
                                                              2021.                        periods of deviation
                                                                                           from the standard,
                                                                                           including instances
                                                                                           where a CMS is
                                                                                           inoperative or out-of-
                                                                                           control.
Sec. 63.10(b)(2)(vii)-(xi).......  Records...............  Yes........................
Sec. 63.10(b)(2)(xii)............  Records...............  Yes........................
Sec. 63.10(b)(2)(xiii)...........  ......................  No.........................  Subpart IIII does not
                                                                                           require the use of
                                                                                           CEMS.
Sec. 63.10(b)(2)(xiv)............  ......................  Yes........................
Sec. 63.10(b)(3).................  Recordkeeping           Yes........................
                                      Requirements for
                                      Applicability
                                      Determinations.
Sec. 63.10(c)(1)-(6).............  Additional              Yes........................
                                      Recordkeeping
                                      Requirements for
                                      Sources with CMS.
Sec. 63.10(c)(7)-(8).............  Additional              No.........................  See Sec. 63.3130(g)
                                      Recordkeeping                                        for records of
                                      Requirements for                                     periods of deviation
                                      Sources with CMS.                                    from the standard,
                                                                                           including instances
                                                                                           where a CMS is
                                                                                           inoperative or out-of-
                                                                                           control.
Sec. 63.10(c)(10)-(14)...........  ......................  Yes........................
Sec. 63.10(c)(15)................  Records Regarding the   Yes before January 5, 2021.
                                      SSM Plan.               No on and after January 5,
                                                              2021.
Sec. 63.10(d)(1).................  General Reporting       Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.3120.
Sec. 63.10(d)(2).................  Report of Performance   Yes........................  Additional
                                      Test Results.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.3120(b).
Sec. 63.10(d)(3).................  Reporting Opacity or    No.........................  Subpart IIII does not
                                      Visible Emissions                                    require opacity or
                                      Observations.                                        visible emissions
                                                                                           observations.
Sec. 63.10(d)(4).................  Progress Reports for    Yes........................
                                      Sources With
                                      Compliance Extensions.
Sec. 63.10(d)(5).................  SSM Reports...........  Yes before January 5, 2021.  See 63.3120(a)(6).
                                                              No on and after January 5,
                                                              2021.
Sec. 63.10(e)(1)-(2).............  Additional CMS Reports  No.........................  Subpart IIII does not
                                                                                           require the use of
                                                                                           CEMS.
Sec. 63.10(e)(3).................  Excess Emissions/CMS    No.........................  Section 63.3120(b)
                                      Performance Reports.                                 specifies the
                                                                                           contents of periodic
                                                                                           compliance reports.
Sec. 63.10(e)(4).................  COMS Data Reports.....  No.........................  Subpart IIII does not
                                                                                           specify requirements
                                                                                           for opacity or COMS.
Sec. 63.10(f)....................  Recordkeeping/          Yes........................
                                      Reporting Waiver.
Sec. 63.11.......................  Control Device          No.........................  Subpart IIII does not
                                      Requirements/Flares.                                 specify use of flares
                                                                                           for compliance.
Sec. 63.12.......................  State Authority and     Yes........................
                                      Delegations.
Sec. 63.13.......................  Addresses.............  Yes........................
Sec. 63.14.......................  IBR...................  Yes........................
Sec. 63.15.......................  Availability of         Yes........................
                                      Information/
                                      Confidentiality.
----------------------------------------------------------------------------------------------------------------


[[Page 620]]


[85 FR 41133, July 8, 2020, as amended at 85 FR 73904, Nov. 19, 2020]



   Sec. Table 3 to Subpart IIII of Part 63--Default Organic HAP Mass 
                Fraction for Solvents and Solvent Blends

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Average organic
             Solvent/solvent blend                   CAS. No.      HAP mass fraction                 Typical organic HAP, percent by mass
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Toluene.....................................         108-88-3               1.0    Toluene.
2. Xylene(s)...................................        1330-20-7               1.0    Xylenes, ethylbenzene.
3. Hexane......................................         110-54-3               0.5    n-hexane.
4. n-Hexane....................................         110-54-3               1.0    n-hexane.
5. Ethylbenzene................................         100-41-4               1.0    Ethylbenzene.
6. Aliphatic 140...............................  ...............               0      None.
7. Aromatic 100................................  ...............               0.02   1% xylene, 1% cumene.
8. Aromatic 150................................  ...............               0.09   Naphthalene.
9. Aromatic naphtha............................       64742-95-6               0.02   1% xylene, 1% cumene.
10. Aromatic solvent...........................       64742-94-5               0.1    Naphthalene.
11. Exempt mineral spirits.....................        8032-32-4               0      None.
12. Ligroines (VM & P).........................        8032-32-4               0      None.
13. Lactol spirits.............................       64742-89-6               0.15   Toluene.
14. Low aromatic white spirit..................       64742-82-1               0      None.
15. Mineral spirits............................       64742-88-7               0.01   Xylenes.
16. Hydrotreated naphtha.......................       64742-48-9               0      None.
17. Hydrotreated light distillate..............       64742-47-8               0.001  Toluene.
18. Stoddard solvent...........................        8052-41-3               0.01   Xylenes.
19. Super high-flash naphtha...................       64742-95-6               0.05   Xylenes.
20. Varsol [supreg] solvent....................        8052-49-3               0.01   0.5% xylenes, 0.5% ethylbenzene.
21. VM & P naphtha.............................       64742-89-8               0.06   3% toluene, 3% xylene.
22. Petroleum distillate mixture...............       68477-31-6               0.08   4% naphthalene, 4% biphenyl.
--------------------------------------------------------------------------------------------------------------------------------------------------------



   Sec. Table 4 to Subpart IIII of Part 63--Default Organic HAP Mass 
                Fraction for Petroleum Solvent Groups \a\

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data

----------------------------------------------------------------------------------------------------------------
                                 Average organic
          Solvent type               HAP mass                  Typical organic HAP, percent by mass
                                     fraction
----------------------------------------------------------------------------------------------------------------
Aliphatic \b\..................             0.03  1% Xylene, 1% Toluene, and 1% Ethylbenzene.
Aromatic \c\...................             0.06  4% Xylene, 1% Toluene, and 1% Ethylbenzene.
----------------------------------------------------------------------------------------------------------------
\a\ Use this table only if the solvent blend does not match any of the solvent blends in Table 3 to this
  subpart, and you only know whether the blend is aliphatic or aromatic.
\b\ E.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon,
  Aliphatic Naphtha, Naphthol Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha,
  Solvent Blend.
\c\ E.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic
  Hydrocarbons, Aromatic Hydrocarbons, Light Aromatic Solvent.



   Sec. Table 5 to Subpart IIII of Part 63--List of HAP 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

[[Page 621]]

 
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
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 41136, July 8, 2020]

[[Page 622]]



  Sec. Appendix A to Subpart IIII of Part 63--Determination of Capture 
Efficiency of Automobile and Light-Duty Truck Spray Booth Emissions From 
               Solvent-borne Coatings Using Panel Testing

    1.0 Applicability, Principle, and Summary of Procedure.
    1.1 Applicability.
    This procedure applies to the determination of capture efficiency of 
automobile and light-duty truck spray booth emissions from solvent-borne 
coatings using panel testing. This procedure can be used to determine 
capture efficiency for partially controlled spray booths (e.g., 
automated spray zones controlled and manual spray zones not controlled) 
and for fully controlled spray booths.
    1.2 Principle.
    1.2.1 The volatile organic compounds (VOC) associated with the 
coating solids deposited on a part (or panel) in a controlled spray 
booth zone (or group of contiguous controlled spray booth zones) 
partition themselves between the VOC that volatilize in the controlled 
spray booth zone (principally between the spray gun and the part) and 
the VOC that remain on the part (or panel) when the part (or panel) 
leaves the controlled spray booth zone. For solvent-borne coatings 
essentially all of the VOC associated with the coating solids deposited 
on a part (or panel) in a controlled spray booth zone that volatilize in 
the controlled spray booth zone pass through the waterwash and are 
exhausted from the controlled spray booth zone to the control device.
    1.2.2 The VOC associated with the overspray coating solids in a 
controlled spray booth zone partition themselves between the VOC that 
volatilize in the controlled spray booth zone and the VOC that are still 
tied to the overspray coating solids when the overspray coating solids 
hit the waterwash. For solvent-borne coatings almost all of the VOC 
associated with the overspray coating solids that volatilize in the 
controlled spray booth zone pass through the waterwash and are exhausted 
from the controlled spray booth zone to the control device. The exact 
fate of the VOC still tied to the overspray coating solids when the 
overspray coating solids hit the waterwash is unknown. This procedure 
assumes that none of the VOC still tied to the overspray coating solids 
when the overspray coating solids hit the waterwash are captured and 
delivered to the control device. Much of this VOC may become entrained 
in the water along with the overspray coating solids. Most of the VOC 
that become entrained in the water along with the overspray coating 
solids leave the water, but the point at which this VOC leave the water 
is unknown. Some of the VOC still tied to the overspray coating solids 
when the overspray coating solids hit the waterwash may pass through the 
waterwash and be exhausted from the controlled spray booth zone to the 
control device.
    1.2.3 This procedure assumes that the portion of the VOC associated 
with the overspray coating solids in a controlled spray booth zone that 
volatilizes in the controlled spray booth zone, passes through the 
waterwash and is exhausted from the controlled spray booth zone to the 
control device is equal to the portion of the VOC associated with the 
coating solids deposited on a part (or panel) in that controlled spray 
booth zone that volatilizes in the controlled spray booth zone, passes 
through the waterwash, and is exhausted from the controlled spray booth 
zone to the control device. This assumption is equivalent to treating 
all of the coating solids sprayed in the controlled spray booth zone as 
if they are deposited coating solids (i.e., assuming 100 percent 
transfer efficiency) for purposes of using a panel test to determine 
spray booth capture efficiency.
    1.2.4 This is a conservative (low) assumption for the portion of the 
VOC associated with the overspray coating solids in a controlled spray 
booth zone that volatilizes in the controlled spray booth zone. Thus, 
this assumption results in an underestimate of conservative capture 
efficiency. The overspray coating solids have more travel time and 
distance from the spray gun to the waterwash than the deposited coating 
solids have between the spray gun and the part (or panel). Therefore, 
the portion of the VOC associated with the overspray coating solids in a 
controlled spray booth zone that volatilizes in the controlled spray 
booth zone should be greater than the portion of the VOC associated with 
the coating solids deposited on a part (or panel) in that controlled 
spray booth zone that volatilizes in that controlled spray booth zone.
    1.3 Summary of Procedure.
    1.3.1 A panel test is performed to determine the mass of VOC that 
remains on the panel when the panel leaves a controlled spray booth 
zone. The total mass of VOC associated with the coating solids deposited 
on the panel is calculated.
    1.3.2 The percent of the total VOC associated with the coating 
solids deposited on the panel in the controlled spray booth zone that 
remains on the panel when the panel leaves the controlled section of the 
spray booth is then calculated from the ratio of the two previously 
determined masses. The percent of the total VOC associated with the 
coating solids deposited on the panel in the controlled spray booth zone 
that is captured and delivered to the control device equals 100 minus 
this percentage. (The mass of VOC associated with the coating solids 
deposited on the panel which is volatilized and captured

[[Page 623]]

in the controlled spray booth zone equals the difference between the 
total mass of VOC associated with the coating solids deposited on the 
panel and the mass of VOC remaining with the coating solids deposited on 
the panel when the panel leaves the controlled spray booth zone.)
    1.3.3 The percent of the total VOC associated with the coating 
sprayed in the controlled spray booth zone that is captured and 
delivered to the control device is assumed to be equal to the percent of 
the total VOC associated with the coating solids deposited on the panel 
in the controlled spray booth zone that is captured and delivered to the 
control device. The percent of the total VOC associated with the coating 
sprayed in the entire spray booth that is captured and delivered to the 
control device can be calculated by multiplying the percent of the total 
VOC associated with the coating sprayed in the controlled spray booth 
zone that is captured and delivered to the control device by the 
fraction of coating sprayed in the spray booth that is sprayed in the 
controlled spray booth zone.
    2.0 Procedure.
    2.1 You may conduct panel testing to determine the capture 
efficiency of spray booth emissions. You must follow the instructions 
and calculations in this appendix A, and use the panel testing 
procedures in ASTM Method D5087-02, ``Standard Test Method for 
Determining Amount of Volatile Organic Compound (VOC) Released from 
Solvent-borne Automotive Coatings and Available for Removal in a VOC 
Control Device (Abatement)'' (incorporated by reference, see Sec. 
63.14), or the guidelines presented in ``Protocol for Determining the 
Daily Volatile Organic Compound Emission Rate of Automobile and Light-
Duty Truck Primer-Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated 
by reference, see Sec. 63.14). You must weigh panels at the points 
described in section 2.5 of this appendix A and perform calculations as 
described in sections 3 and 4 of this appendix A. You may conduct panel 
tests on the production paint line in your facility or in a laboratory 
simulation of the production paint line in your facility.
    2.2 You may conduct panel testing on representative coatings as 
described in ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Primer-
Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by reference, see 
Sec. 63.14). If you panel test representative coatings, then you may 
calculate either a unique percent capture efficiency value for each 
coating grouped with that representative coating, or a composite percent 
capture efficiency value for the group of coatings. If you panel test 
each coating, then you must convert the panel test result for each 
coating to a unique percent capture efficiency value for that coating.
    2.3 Identification of Controlled Spray Booth Zones.
    You must identify each controlled spray booth zone or each group of 
contiguous controlled spray booth zones to be tested. (For example, a 
controlled bell zone immediately followed by a controlled robotic zone.) 
Separate panel tests are required for non-contiguous controlled spray 
booth zones. The flash zone between the last basecoat zone and the first 
clearcoat zone makes these zones non-contiguous.
    2.4 Where to Apply Coating to the Panel.
    If you are conducting a panel test for a single controlled spray 
booth zone, then you must apply coating to the panel only in that 
controlled spray booth zone. If you are conducting a panel test for a 
group of contiguous controlled spray booth zones, then you must apply 
coating to the panel only in that group of contiguous controlled spray 
booth zones.
    2.5 How to Process and When to Weigh the Panel.
    The instructions in this section pertain to panel testing of 
coating, i, or of the coating representing the group of coatings that 
includes coating, i.
    2.5.1 You must weigh the blank panel. (Same as in bake oven panel 
test.) The mass of the blank panel is represented by Wblank,i 
(grams).
    2.5.2 Apply coating, i, or the coating representing coating, i, to 
the panel in the controlled spray booth zone or group of contiguous 
controlled spray booth zones being tested (in plant test), or in a 
simulation of the controlled spray booth zone or group of contiguous 
controlled spray booth zones being tested (laboratory test).
    2.5.3 Remove and weigh the wet panel as soon as the wet panel leaves 
the controlled spray booth zone or group of contiguous controlled spray 
booth zones being tested. (Different than bake oven panel test.) This 
weighing must be conducted quickly to avoid further evaporation of VOC. 
The mass of the wet panel is represented by Wwet,i (grams).
    2.5.4 Return the wet panel to the point in the coating process or 
simulation of the coating process where it was removed for weighing.
    2.5.5 Allow the panel to travel through the rest of the coating 
process in the plant or laboratory simulation of the coating process. 
You must not apply any more coating to the panel after it leaves the 
controlled spray booth zone (or group of contiguous controlled spray 
booth zones) being tested. The rest of the coating process or simulation 
of the coating process consists of:
    2.5.5.1 All of the spray booth zone(s) or simulation of all of the 
spray booth zone(s) located after the controlled spray booth zone or 
group of contiguous controlled spray

[[Page 624]]

booth zones being tested and before the bake oven where the coating 
applied to the panel is cured,
    2.5.5.2 All of the flash-off area(s) or simulation of all of the 
flash-off area(s) located after the controlled spray booth zone or group 
of contiguous controlled spray booth zones being tested and before the 
bake oven where the coating applied to the panel is cured, and
    2.5.5.3 The bake oven or simulation of the bake oven where the 
coating applied to the panel is cured.
    2.5.6 After the panel exits the bake oven, you must cool and weigh 
the baked panel. (Same as in bake oven panel test.) The mass of the 
baked panel is represented by Wbaked,i (grams).
    3.0 Panel Calculations.
    The instructions in this section pertain to panel testing of 
coating, i, or of the coating representing the group of coatings that 
includes coating, i.
    3.1 The mass of coating solids (from coating, i, or from the coating 
representing coating, i, in the panel test) deposited on the panel 
equals the mass of the baked panel minus the mass of the blank panel as 
shown in Equation A-1.
[GRAPHIC] [TIFF OMITTED] TR26AP04.028

Where:

Wsdep, i = Mass of coating solids (from coating, i, or from 
          the coating representing coating, i, in the panel test) 
          deposited on the panel, grams.

    3.2 The mass of VOC (from coating, i, or from the coating 
representing coating, i, in the panel test) remaining on the wet panel 
when the wet panel leaves the controlled spray booth zone or group of 
contiguous controlled spray booth zones being tested equals the mass of 
the wet panel when the wet panel leaves the controlled spray booth zone 
or group of contiguous controlled spray booth zones being tested minus 
the mass of the baked panel as shown in Equation A-2.
[GRAPHIC] [TIFF OMITTED] TR26AP04.029

Where:

Wrem, i = Mass of VOC (from coating, i, or from the coating 
          representing coating, i, in the panel test) remaining on the 
          wet panel when the wet panel leaves the controlled spray booth 
          zone or group of contiguous controlled spray booth zones being 
          tested, grams.

    3.3 Calculate the mass of VOC (from coating, i, or from the coating 
representing coating, i, in the panel test) remaining on the wet panel 
when the wet panel leaves the controlled spray booth zone or group of 
contiguous controlled spray booth zones being tested per mass of coating 
solids deposited on the panel as shown in Equation A-3.
[GRAPHIC] [TIFF OMITTED] TR26AP04.030

Where:

Pm, i = Mass of VOC (from coating, i, or from the coating 
          representing coating, i, in the panel test) remaining on the 
          wet panel when the wet panel leaves the controlled spray booth 
          zone or group of contiguous controlled spray booth zones being 
          tested per mass of coating solids deposited on the panel, 
          grams of VOC remaining per gram of coating solids deposited.
Wrem, i = Mass of VOC (from coating, i, or from the coating 
          representing coating, i, in the panel test) remaining on the 
          wet panel when the wet panel leaves the controlled spray booth 
          zone or group of contiguous controlled spray booth zones being 
          tested, grams.
Wsdep, i = Mass of coating solids (from coating, i, or from 
          the coating representing coating, i, in the panel test) 
          deposited on the panel, grams.

    4.0 Converting Panel Result to Percent Capture.
    The instructions in this section pertain to panel testing of for 
coating, i, or of the coating representing the group of coatings that 
includes coating, i.
    4.1 If you panel test representative coatings, then you may convert 
the panel test result for each representative coating from section 3.3 
of this appendix A either to a unique percent capture efficiency value 
for each coating grouped with that representative coating by using 
coating specific values for the mass fraction coating solids and mass 
fraction VOC in section 4.2 of this appendix A, or to a composite 
percent capture efficiency value for the group of coatings by using the 
average values for the group of coatings for mass fraction coating 
solids and mass fraction VOC in section 4.2 of this appendix A. If you 
panel test each coating, then you must convert the panel test result for 
each coating to a unique percent capture efficiency value by using 
coating specific values for the mass fraction coating solids and mass 
fraction VOC in section 4.2 of this appendix A. The mass fraction of VOC 
in the

[[Page 625]]

coating and the mass fraction of solids in the coating must be 
determined by Method 24 (appendix A-7 to 40 CFR part 60) or by following 
the guidelines for combining analytical VOC content and formulation 
solvent content presented in ``Protocol for Determining the Daily 
Volatile Organic Compound Emission Rate of Automobile and Light-Duty 
Truck Primer-Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by 
reference, see Sec. 63.14).
    4.2 The percent of VOC for coating, i, or composite percent of VOC 
for the group of coatings including coating, i, associated with the 
coating solids deposited on the panel that remains on the wet panel when 
the wet panel leaves the controlled spray booth zone or group of 
contiguous controlled spray booth zones being tested is calculated using 
Equation A-4.
[GRAPHIC] [TIFF OMITTED] TR26AP04.031

Where:

Pvocpan, i = Percent of VOC for coating, i, or composite 
          percent of VOC for the group of coatings including coating, i, 
          associated with the coating solids deposited on the panel that 
          remains on the wet panel when the wet panel leaves the 
          controlled spray booth zone (or group of contiguous controlled 
          spray booth zones) being tested, percent.
Pm, i = Mass of VOC (from coating, i, or from the coating 
          representing coating, i, in the panel test) remaining on the 
          wet panel when the wet panel leaves the controlled spray booth 
          zone or group of contiguous controlled spray booth zones being 
          tested per mass of coating solids deposited on the panel, 
          grams of VOC remaining per gram of coating solids deposited.
Ws, i = Mass fraction of coating solids for coating, i, or 
          average mass fraction of coating solids for the group of 
          coatings including coating, i, grams coating solids per gram 
          coating, determined by EPA Method 24 (appendix A-7 to 40 CFR 
          part 60) or by following the guidelines for combining 
          analytical VOC content and formulation solvent content 
          presented in ``Protocol for Determining the Daily Volatile 
          Organic Compound Emission Rate of Automobile and Light-Duty 
          Truck Primer-Surfacer and Topcoat,'' EPA-453/R-08-002 
          (incorporated by reference, see Sec. 63.14).
Wvocc, i = Mass fraction of VOC in coating, i, or average 
          mass fraction of VOC for the group of coatings including 
          coating, i, grams VOC per grams coating, determined by EPA 
          Method 24 (appendix A-7 to 40 CFR part 60) or the guidelines 
          for combining analytical VOC content and formulation solvent 
          content presented in ``Protocol for Determining the Daily 
          Volatile Organic Compound Emission Rate of Automobile and 
          Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-018 
          (incorporated by reference, see Sec. 63.14).

    4.3 The percent of VOC for coating, i, or composite percent of VOC 
for the group of coatings including coating, i, associated with the 
coating sprayed in the controlled spray booth zone (or group of 
contiguous controlled spray booth zones) being tested that is captured 
in the controlled spray booth zone or group of contiguous controlled 
spray booth zones being tested, CEzone,i (percent), is 
calculated using Equation A-5.
[GRAPHIC] [TIFF OMITTED] TR26AP04.032

Where:

CEzone, i = Capture efficiency for coating, i, or for the 
          group of coatings including coating, i, in the controlled 
          spray booth zone or group of contiguous controlled spray booth 
          zones being tested as a percentage of the VOC in the coating, 
          i, or of the group of coatings including coating, i, sprayed 
          in the controlled spray booth zone or group of contiguous 
          controlled spray booth zones being tested, percent.

    4.4 Calculate the percent of VOC for coating, i, or composite 
percent of VOC for the group of coatings including coating, i, 
associated with the entire volume of coating, i, or with the total 
volume of all of the coatings grouped with coating, i, sprayed in the 
entire spray booth that is captured in the controlled spray booth zone 
or group of contiguous controlled spray booth zones being tested, using 
Equation A-6. The volume of coating, i, or of the group of coatings 
including coating, i, sprayed in the controlled spray booth zone or 
group of contiguous controlled spray booth zones being tested, and the 
volume of coating, i, or of the group of coatings including coating, i, 
sprayed in the entire spray booth may be determined from gun on times 
and fluid flow rates or from direct measurements of coating usage.

[[Page 626]]

[GRAPHIC] [TIFF OMITTED] TR26AP04.033

Where:

CEi = Capture efficiency for coating, i, or for the group of 
          coatings including coating, i, in the controlled spray booth 
          zone (or group of contiguous controlled spray booth zones) 
          being tested as a percentage of the VOC in the coating, i, or 
          of the group of coatings including coating, i, sprayed in the 
          entire spray booth in which the controlled spray booth zone 
          (or group of contiguous controlled spray booth zones) being 
          tested, percent.
Vzone, i = Volume of coating, i, or of the group of coatings 
          including coating, i, sprayed in the controlled spray booth 
          zone or group of contiguous controlled spray booth zones being 
          tested, liters.
Vbooth, i = Volume of coating, i, or of the group of coatings 
          including coating, i, sprayed in the entire spray booth 
          containing the controlled spray booth zone (or group of 
          contiguous controlled spray booth zones) being tested, liters.

    4.5 If you conduct multiple panel tests for the same coating or same 
group of coatings in the same spray booth (either because the coating or 
group of coatings is controlled in non-contiguous zones of the spray 
booth, or because you choose to conduct separate panel tests for 
contiguous controlled spray booth zones), then you may add the result 
from section 4.4 for each such panel test to get the total capture 
efficiency for the coating or group of coatings over all of the 
controlled zones in the spray booth for the coating or group of 
coatings.

[69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41137, July 8, 2020; 86 
FR 66040, Nov. 19, 2021]



 Subpart JJJJ_National Emission Standards for Hazardous Air Pollutants: 
                       Paper and Other Web Coating

    Source: 67 FR 72341, Dec. 4, 2002, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.3280  What is in this subpart?

    This subpart describes the actions you must take to reduce emissions 
of organic hazardous air pollutants (HAP) from paper and other web 
coating operations. This subpart establishes emission standards for web 
coating lines and specifies what you must do to comply if you own or 
operate a facility with web coating lines that is a major source of HAP. 
Certain requirements apply to all who are subject to this subpart; 
others depend on the means you use to comply with an emission standard.



Sec. 63.3290  Does this subpart apply to me?

    The provisions of this subpart apply to each new and existing 
facility that is a major source of HAP, as defined in Sec. 63.2, at 
which web coating lines are operated.



Sec. 63.3300  Which of my emission sources are affected by this subpart?

    The affected source subject to this subpart is the collection of all 
web coating lines at your facility. This includes web coating lines 
engaged in the coating of metal webs that are used in flexible 
packaging, and web coating lines engaged in the coating of fabric 
substrates for use in pressure sensitive tape and abrasive materials. 
Web coating lines specified in paragraphs (a) through (g) of this 
section are not part of the affected source of this subpart.
    (a) Any web coating line that is stand-alone equipment under subpart 
KK of this part (National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for the Printing and Publishing Industry) which the 
owner or operator includes in the affected source under subpart KK.
    (b) Any web coating line that is a product and packaging rotogravure 
or wide-web flexographic press under subpart KK of this part (NESHAP for 
the Printing and Publishing Industry) which is included in the affected 
source under subpart KK.
    (c) Web coating in lithography, screenprinting, letterpress, and 
narrow-web flexographic printing processes.
    (d) Any web coating line subject to subpart EE of this part (NESHAP 
for Magnetic Tape Manufacturing Operations).

[[Page 627]]

    (e) Any web coating line subject to subpart SSSS of this part 
(NESHAP for Surface Coating of Metal Coil).
    (f) Any web coating line subject to subpart OOOO of this part 
(NESHAP for the Printing, Coating, and Dyeing of Fabrics and Other 
Textiles). This includes any web coating line that coats both a paper or 
other web substrate and a fabric or other textile substrate, except for 
a fabric substrate used for pressure sensitive tape and abrasive 
materials.
    (g) Any web coating line that is defined as research or laboratory 
equipment in Sec. 63.3310.
    (h) Any web coating line that coats both paper or a web, and another 
substrate such as fabric, may comply with the subpart of this part that 
applies to the predominant activity conducted on the affected source. 
Predominant activity for this subpart is 90 percent of the mass of 
substrate coated during the compliance period. For example, a web 
coating line that coats 90 percent or more of a paper substrate, and 10 
percent or less of a fabric or other textile substrate, would be subject 
to this subpart and not subpart OOOO of this part. You may use data for 
any reasonable time period of at least one year in determining the 
relative amount of coating activity, as long as they are expected to 
represent the way the source will continue to operate in the future. You 
must demonstrate and document the predominant activity annually.
    (i) Any web coating line subject to this part that is modified to 
include printing activities, may continue to demonstrate compliance with 
this part, in lieu of demonstrating compliance with subpart KK of this 
part. Any web coating line with product and packaging rotogravure print 
station(s) and/or a wide-web flexographic print station(s) that is 
subject to this subpart may elect to continue demonstrating compliance 
with this subpart in lieu of subpart KK of this part, if the mass of the 
materials applied to the line's print station(s) in a month ever exceed 
5 percent of the total mass of materials applied onto the line during 
the same period.
    (j) If all of the subject web coating lines at your facility utilize 
non-HAP coatings, you can become exempt from the reporting requirements 
of this subpart, provided you submit a one-time report as required in 
Sec. 63.3370(s) to your permitting authority documenting the use of 
only non-HAP coatings.

[67 FR 72341, Dec. 4, 2002, as amended at 71 FR 29805, May 24, 2006; 85 
FR 41295, July 9, 2020]



Sec. 63.3310  What definitions are used in this subpart?

    All terms used in this subpart that are not defined in this section 
have the meaning given to them in the Clean Air Act (CAA) and in subpart 
A of this part.
    Always-controlled work station means a work station associated with 
a dryer from which the exhaust is delivered to a control device with no 
provision for the dryer exhaust to bypass the control device unless 
there is an interlock to interrupt and prevent continued coating during 
a bypass. Sampling lines for analyzers, relief valves needed for safety 
purposes, and periodic cycling of exhaust dampers to ensure safe 
operation are not considered bypass lines.
    Applied means, for the purposes of this subpart, the amount of 
organic HAP, coating material, or coating solids (as appropriate for the 
emission standards in Sec. 63.3320(b)) used by the affected source 
during the compliance period.
    As-applied means the condition of a coating at the time of 
application to a substrate, including any added solvent.
    As-purchased means the condition of a coating as delivered to the 
user.
    Capture efficiency means the fraction of all organic HAP emissions 
generated by a process that is delivered to a control device, expressed 
as a percentage.
    Capture system means a hood, enclosed room, or other means of 
collecting organic HAP emissions into a closed-vent system that exhausts 
to a control device.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve or damper (e.g., from open to closed) in 
such a way that the position of the valve or damper cannot be changed 
without breaking the seal.
    Coating material(s) means all liquid or semi-liquid materials 
(including the

[[Page 628]]

solids fraction of those materials as applied), such as inks, varnishes, 
adhesives (including hot melt adhesives or other hot melt materials), 
primers, solvents, reducers, and other materials applied to a substrate 
via a web coating line. Materials used to form a substrate or applied 
via vapor deposition, and dry abrasive materials deposited on top of a 
coated web, are not considered coating materials.
    Control device means a device such as a solvent recovery device or 
oxidizer which reduces the organic HAP in an exhaust gas by recovery or 
by destruction.
    Control device efficiency means the ratio of organic HAP emissions 
recovered or destroyed by a control device to the total organic HAP 
emissions that are introduced into the control device, expressed as a 
percentage.
    Day means a 24-consecutive-hour period.
    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) Fails to meet any emission limitation (including any operating 
limit) or work practice standard in this subpart during start-up, 
shutdown, or malfunction, regardless of whether or not such failure is 
permitted by this subpart.
    Existing affected source means any affected source the construction 
or reconstruction of which is commenced on or before September 13, 2000, 
and has not undergone reconstruction as defined in Sec. 63.2.
    Fabric means any woven, knitted, plaited, braided, felted, or non-
woven material made of filaments, fibers, or yarns including thread. 
This term includes material made of fiberglass, natural fibers, 
synthetic fibers, or composite materials.
    Facility means all contiguous or adjoining property that is under 
common ownership or control, including properties that are separated 
only by a road or other public right-of-way.
    Flexible packaging means any package or part of a package the shape 
of which can be readily changed. Flexible packaging includes, but is not 
limited to, bags, pouches, labels, liners and wraps utilizing paper, 
plastic, film, aluminum foil, metalized or coated paper or film, or any 
combination of these materials.
    Formulation data means data on the organic HAP mass fraction, 
volatile matter mass fraction, or coating solids mass fraction of a 
material that is generated by the manufacturer or means other than a 
test method specified in this subpart or an approved alternative method.
    HAP means hazardous air pollutants.
    HAP applied means the organic HAP content of all coating materials 
applied to a substrate by a web coating line at an affected source.
    Intermittently-controlled work station means a work station 
associated with a dryer with provisions for the dryer exhaust to be 
delivered to or diverted from a control device through a bypass line, 
depending on the position of a valve or damper. Sampling lines for 
analyzers, relief valves needed for safety purposes, and periodic 
cycling of exhaust dampers to ensure safe operation are not considered 
bypass lines.
    Metal coil means a continuous metal strip that is at least 0.15 
millimeter (0.006 inch) thick which is packaged in a roll or coil prior 
to coating. After coating, it may or may not be rewound into a roll or 
coil. Metal coil does not include metal webs that are coated for use in 
flexible packaging.
    Month means a calendar month or a pre-specified period of 28 days to 
35 days to allow for flexibility in recordkeeping when data are based on 
a business accounting period.
    Never-controlled work station means a work station that is not 
equipped with provisions by which any emissions, including those in the 
exhaust from any associated dryer, may be delivered to a control device.

[[Page 629]]

    New affected source means any affected source the construction or 
reconstruction of which is commenced after September 13, 2000.
    Overall organic HAP control efficiency means the total efficiency of 
a capture and control system.
    Pressure sensitive tape means a flexible backing material with a 
pressure-sensitive adhesive coating on one or both sides of the backing. 
Examples include, but are not limited to, duct/duct insulation tape and 
medical tape.
    Research or laboratory equipment means any equipment for which the 
primary purpose is to conduct research and development into new 
processes and products where such equipment is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce except in a de 
minimis manner.
    Rewind or cutting station means a unit from which substrate is 
collected at the outlet of a web coating line.
    Uncontrolled coating line means a coating line consisting of only 
never-controlled work stations.
    Unwind or feed station means a unit from which substrate is fed to a 
web coating line.
    Web means a continuous substrate (e.g., paper, film, foil) which is 
flexible enough to be wound or unwound as rolls.
    Web coating line means any number of work stations, of which one or 
more applies a continuous layer of liquid or semi-liquid coating 
material across the entire width or any portion of the width of a web 
substrate, and any associated curing/drying equipment between an unwind 
or feed station and a rewind or cutting station.
    Work station means a unit on a web coating line where coating 
material is deposited onto a web substrate.

[67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41296, July 9, 2020]

                 Emission Standards and Compliance Dates



Sec. 63.3320  What emission standards must I meet?

    (a) If you own or operate any affected source that is subject to the 
requirements of this subpart, you must comply with these requirements on 
and after the compliance dates as specified in Sec. 63.3330.
    (b) You must limit organic HAP emissions to the level specified in 
paragraph (b)(1), (2), (3), or (4) of this section for all periods of 
operation, including startup, shutdown, and malfunction (SSM).
    (1) No more than 5 percent of the organic HAP applied for each month 
(95 percent reduction) at existing affected sources, and no more than 2 
percent of the organic HAP applied for each month (98 percent reduction) 
at new affected sources; or
    (2) No more than 4 percent of the mass of coating materials applied 
for each month at existing affected sources, and no more than 1.6 
percent of the mass of coating materials applied for each month at new 
affected sources; or
    (3) No more than 20 percent of the mass of coating solids applied 
for each month at existing affected sources, and no more than 8 percent 
of the coating solids applied for each month at new affected sources.
    (4) If you use an oxidizer to control organic HAP emissions, operate 
the oxidizer such that an outlet organic HAP concentration of no greater 
than 20 parts per million by volume (ppmv) on a dry basis is achieved 
and the efficiency of the capture system is 100 percent.
    (c) You must demonstrate compliance with this subpart by following 
the procedures in Sec. 63.3370.

[67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41296, July 9, 2020]



Sec. 63.3321  What operating limits must I meet?

    (a) For any web coating line or group of web coating lines for which 
you use add-on control devices to demonstrate compliance with the 
emission standards in Sec. 63.3320, unless you use a solvent recovery 
system and conduct a liquid-liquid material balance, you must meet the 
operating limits specified in Table 1 to this subpart or according to 
paragraph (b) of this section. These operating limits apply to emission 
capture systems and control devices used to demonstrate compliance with 
this subpart, and you must

[[Page 630]]

establish the operating limits during the performance test according to 
the requirements in Sec. 63.3360(e)(3). You must meet the operating 
limits at all times after you establish them.
    (b) If you use an add-on control device other than those listed in 
Table 1 to this subpart or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).

[67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41296, July 9, 2020]



Sec. 63.3330  When must I comply?

    (a) For affected sources which commenced construction or 
reconstruction prior to September 19, 2019, you must comply as follows:
    (1) Before July 9, 2021, the affected coating operation(s) must be 
in compliance with the applicable emission limit in Sec. 63.3320 at all 
times, except during periods of SSM. On and after July 9, 2021, the 
affected coating operation(s) must be in compliance with the applicable 
emission limit in Sec. 63.3320 at all times, including periods of SSM.
    (2) A periodic emissions performance test must be performed by July 
9, 2023, or within 60 months of the previous test, whichever is later, 
and subsequent tests no later than 60 months thereafter, as required in 
Sec. 63.3360. Performance testing for HAP or VOC destruction efficiency 
required by state agencies can be used to meet this requirement.
    (3) After July 9, 2021, you must electronically submit initial 
notifications, notifications of compliance status, performance 
evaluation reports, and performance test reports, as required in Sec. 
63.3400. Semiannual compliance reports must be submitted electronically 
for the first full semiannual compliance period after the template has 
been available in the Compliance and Emissions Data Reporting Interface 
(CEDRI) for 1 year.
    (b) For new affected sources which commenced construction or 
reconstruction after September 19, 2019, you must comply as indicated in 
paragraphs (b)(1) through (3) of this section. Existing affected sources 
which have undergone reconstruction as defined in Sec. 63.2 are subject 
to the requirements for new affected sources. The costs associated with 
the purchase and installation of air pollution control equipment are not 
considered in determining whether the existing affected source has been 
reconstructed. Additionally, the costs of retrofitting and replacing of 
equipment that is installed specifically to comply with this subpart are 
not considered reconstruction costs.
    (1) The coating operation(s) must be in compliance with the 
applicable emission limit in Sec. 63.3320 at all times, including 
periods of SSM, starting July 9, 2020, or immediately upon startup, 
whichever is later.
    (2) You must complete any initial performance test required in Sec. 
63.3360 within the time limits specified in Sec. 63.7(a)(2), and 
subsequent tests no later than 60 months thereafter.
    (3) You must electronically submit initial notifications, 
notifications of compliance status, performance evaluation reports, and 
performance test reports as required in Sec. 63.3400 starting July 9, 
2020, or immediately upon startup, whichever is later. Semiannual 
compliance reports must be submitted electronically for the first full 
semiannual compliance period after the template has been available in 
CEDRI for 1 year.

[85 FR 41296, July 9, 2020]

General Requirements for Compliance With the Emission Standards and for 
                    Monitoring and Performance Tests



Sec. 63.3340  What general requirements must I meet to comply with the standards?

    (a) Before July 9, 2021, for each existing source for which 
construction or reconstruction commenced on or before September 19, 
2019, you must be in compliance with the emission limits and operating 
limits in this subpart at all times, except during periods of SSM. On 
and after July 9, 2021, for each such source you must be in compliance 
with the emission limits and operating limits in this subpart at all 
times. For new and reconstructed sources for which construction or 
reconstruction commenced after September 19, 2019, you must be in 
compliance with the

[[Page 631]]

emission limits and operating limits in this subpart at all times, 
starting July 9, 2020, or immediately upon startup, whichever is later.
    (b) For affected sources as of September 19, 2019, before July 9, 
2021, you must always operate and maintain your affected source, 
including all air pollution control and monitoring equipment you use for 
purposes of complying with this subpart, according to the provisions in 
Sec. 63.6(e)(1)(i). On and after July 9, 2021, for such sources and on 
July 9, 2020, or immediately upon startup, whichever is later, for new 
or reconstructed affected sources, you must always operate and maintain 
your affected source, including associated air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. The 
general duty to minimize emissions does not require the owner or 
operator to make any further efforts to reduce emissions if levels 
required by the applicable standard have been achieved. Determination of 
whether a source is operating in compliance with operation and 
maintenance requirements will be based on information available to the 
Administrator which may include, but is not limited to, monitoring 
results, review of operation and maintenance procedures, review of 
operation and maintenance records, and inspection of the source.
    (c) You must conduct each performance test required by Sec. 63.3360 
according to the requirements in Sec. 63.3360(e)(2) and under the 
conditions in this section unless you obtain a waiver of the performance 
test according to the provisions in Sec. 63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, and nonoperation do not constitute representative conditions. 
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 shall make available to 
the Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (2) Representative emission capture system and add-on control device 
operating conditions. You must conduct the performance test when the 
emission capture system and add-on control device are operating at a 
representative flow rate, and the add-on control device is operating at 
a representative inlet concentration. Representative conditions exclude 
periods of startup and shutdown. You may not conduct performance tests 
during periods of malfunction. You must record information that is 
necessary to document emission capture system and add-on control device 
operating conditions during the test and explain why the conditions 
represent normal operation.
    (d) Table 2 to this subpart specifies the provisions of subpart A of 
this part that apply if you are subject to subpart JJJJ.

[85 FR 41296, July 9, 2020]



Sec. 63.3350  If I use a control device to comply with the 
emission standards, what monitoring must I do?

    (a) A summary of monitoring you must do follows:

------------------------------------------------------------------------
 If you operate a web coating
line, and have the following:                Then you must:
------------------------------------------------------------------------
(1) Intermittently-controlled  Record parameters related to possible
 work stations.                 exhaust flow bypass of control device
                                and to coating use (Sec. 63.3350(c)).
(2) Solvent recovery unit....  Operate continuous emission monitoring
                                system and perform quarterly audits or
                                determine volatile matter recovered and
                                conduct a liquid-liquid material balance
                                (Sec. 63.3350(d)).
(3) Control Device...........  Operate continuous parameter monitoring
                                system (Sec. 63.3350(e)).
(4) Capture system...........  Monitor capture system operating
                                parameter (Sec. 63.3350(f)).
------------------------------------------------------------------------


[[Page 632]]

    (b) Following the date on which the initial or periodic performance 
test of a control device is completed to demonstrate continuing 
compliance with the standards, you must monitor and inspect each capture 
system and each control device used to comply with Sec. 63.3320. You 
must install and operate the monitoring equipment as specified in 
paragraphs (c) and (f) of this section.
    (c) Bypass and coating use monitoring. If you own or operate web 
coating lines with intermittently-controlled work stations, you must 
monitor bypasses of the control device and the mass of each coating 
material applied at the work station during any such bypass. If using a 
control device for complying with the requirements of this subpart, you 
must demonstrate that any coating material applied on a never-controlled 
work station or an intermittently-controlled work station operated in 
bypass mode is allowed in your compliance demonstration according to 
Sec. 63.3370(o) and (p). The bypass monitoring must be conducted using 
at least one of the procedures in paragraphs (c)(1) through (4) of this 
section for each work station and associated dryer.
    (1) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that provides a record indicating whether the 
exhaust stream from the dryer was directed to the control device or was 
diverted from the control device. The time and flow control position 
must be recorded at least once per hour as well as every time the flow 
direction is changed. A flow control position indicator must be 
installed at the entrance to any bypass line that could divert the 
exhaust stream away from the control device to the atmosphere.
    (2) Car-seal or lock-and-key valve closures. Secure any bypass line 
valve in the closed position with a car-seal or a lock-and-key type 
configuration. A visual inspection of the seal or closure mechanism must 
be performed at least once every month to ensure that the valve or 
damper is maintained in the closed position, and the exhaust stream is 
not diverted through the bypass line.
    (3) Valve closure continuous monitoring. Ensure that any bypass line 
valve or damper is in the closed position through continuous monitoring 
of valve position when the emission source is in operation and is using 
a control device for compliance with the requirements of this subpart. 
The monitoring system must be inspected at least once every month to 
verify that the monitor will indicate valve position.
    (4) Automatic shutdown system. Use an automatic shutdown system in 
which the web coating line is stopped when flow is diverted away from 
the control device to any bypass line when the control device is in 
operation. The automatic system must be inspected at least once every 
month to verify that it will detect diversions of flow and would shut 
down operations in the event of such a diversion.
    (d) Solvent recovery unit. If you own or operate a solvent recovery 
unit to comply with Sec. 63.3320, you must meet the requirements in 
either paragraph (d)(1) or (2) of this section depending on how control 
efficiency is determined.
    (1) Continuous emission monitoring system (CEMS). If you are 
demonstrating compliance with the emission standards in Sec. 63.3320 
through continuous emission monitoring of a control device, you must 
install, calibrate, operate, and maintain the CEMS according to 
paragraphs (d)(1)(i) through (iii) of this section.
    (i) Measure the total organic volatile matter mass flow rate at both 
the control device inlet and the outlet such that the reduction 
efficiency can be determined. Each continuous emission monitor must 
comply with performance specification 6, 8, or 9 of 40 CFR part 60, 
appendix B, as appropriate.
    (ii) You must follow the quality assurance procedures in procedure 
1, appendix F of 40 CFR part 60. In conducting the quarterly audits of 
the monitors as required by procedure 1, appendix F, you must use 
compounds representative of the gaseous emission stream being 
controlled.
    (iii) You must have valid data from at least 90 percent of the hours 
when the process is operated. Invalid or missing data should be reported 
as a deviation in the semiannual compliance report.

[[Page 633]]

    (2) Liquid-liquid material balance. If you are demonstrating 
compliance with the emission standards in Sec. 63.3320 through liquid-
liquid material balance, you must install, calibrate, maintain, and 
operate according to the manufacturer's specifications a device that 
indicates the cumulative amount of volatile matter recovered by the 
solvent recovery device on a monthly basis. The device must be certified 
by the manufacturer to be accurate to within 2.0 
percent by mass.
    (e) Continuous parameter monitoring system (CPMS). If you are using 
a control device to comply with the emission standards in Sec. 63.3320, 
you must install, operate, and maintain each CPMS specified in 
paragraphs (e)(10) and (11) and (f) of this section according to the 
requirements in paragraphs (e)(1) through (9) of this section. You must 
install, operate, and maintain each CPMS specified in paragraph (c) of 
this section according to paragraphs (e)(5) through (8) 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 four 
equally spaced successive cycles of CPMS operation to have a valid hour 
of data.
    (2) You must have valid data from at least 90 percent of the hours 
when the process operated.
    (3) You must determine the hourly average of all recorded readings 
according to paragraphs (e)(3)(i) and (ii) of this section.
    (i) To calculate a valid hourly value, you must have at least three 
of four equally spaced data values from that hour from a continuous 
monitoring system (CMS) that is not out-of-control.
    (ii) Provided all of the readings recorded in accordance with 
paragraph (e)(3) of this section clearly demonstrate continuous 
compliance with the standard that applies to you, then you are not 
required to determine the hourly average of all recorded readings.
    (4) You must determine the block 3-hour average of all recorded 
readings for each operating period. To calculate the average for each 3-
hour averaging period, you must have at least two of three of the hourly 
averages for that period using only average values that are based on 
valid data (i.e., not from out-of-control periods).
    (5) Except for temperature sensors, you must develop a quality 
control program that must contain, at a minimum, a written protocol that 
describes the procedures for each of the operations in Sec. 
63.3350(e)(5)(i) through (vi). 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. For temperature sensors, you must 
follow the requirements in Sec. 63.3350(e)(10).
    (i) Initial and any subsequent calibration of the continuous 
monitoring system (CMS);
    (ii) Determination and adjustment of the calibration drift of the 
CMS;
    (iii) Preventative maintenance of the CMS, including spare parts 
inventory;
    (iv) Data recording, calculations, and reporting;
    (v) Accuracy audit procedures, including sampling and analysis 
methods; and
    (vi) Program of corrective action for a malfunctioning CMS.
    (6) You must record the results of each inspection, calibration, and 
validation check of the CPMS.
    (7) At all times, you must maintain the monitoring system in proper 
working order including, but not limited to, maintaining necessary parts 
for routine repairs of the monitoring equipment.
    (8) Except for monitoring malfunctions, associated repairs, or 
required quality assurance or control activities (including calibration 
checks or required zero and span adjustments), you must conduct all 
monitoring at all times that the unit is operating. Data recorded during 
monitoring malfunctions, associated repairs, out-of-control periods, or 
required quality assurance or control activities shall not be used

[[Page 634]]

for purposes of calculating the emissions concentrations and percent 
reductions specified in Sec. 63.3370. You must use all the valid data 
collected during all other periods in assessing compliance of the 
control device and associated control system. 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.
    (9) Any averaging period for which you do not have valid monitoring 
data and such data are required constitutes a deviation, and you must 
notify the Administrator in accordance with Sec. 63.3400(c).
    (10) Oxidizer. If you are using an oxidizer to comply with the 
emission standards of this subpart, you must comply with paragraphs 
(e)(10)(i) through (vi) of this section.
    (i) Install, maintain, and operate temperature monitoring equipment 
according to the manufacturer's specifications.
    (ii) For an oxidizer other than a catalytic oxidizer, install, 
operate, and maintain a temperature monitoring device equipped with a 
continuous recorder. The device must be capable of monitoring 
temperature with an accuracy of 1 percent of the 
temperature being monitored in degrees Fahrenheit or 1.8 degrees Fahrenheit, whichever is greater. The 
temperature sensor must be installed in the combustion chamber at a 
location in the combustion zone.
    (iii) For a catalytic oxidizer, install, operate, and maintain a 
temperature monitoring device equipped with a continuous recorder. The 
device must be capable of monitoring temperature with an accuracy of 
1 percent of the temperature being monitored in 
degrees Fahrenheit or 1.8 degrees Fahrenheit, 
whichever is greater. The temperature sensor must be installed in the 
vent stream at the nearest feasible point to the inlet and outlet of the 
catalyst bed. Calculate the temperature rise across the catalyst.
    (iv) For temperature sensors, you must develop a quality control 
program that must contain, at a minimum, a written protocol that 
describes the procedures for verifying that the temperature sensor is 
operating properly using at least one of the methods in paragraph 
(e)(10)(iv)(A), (B), (C), (D), (E), or (F) of this section. 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:
    (A) Semiannually, compare measured readings to a National Institute 
of Standards and Technology (NIST) traceable temperature measurement 
device or simulate a typical operating temperature using a NIST 
traceable temperature simulation device. When the temperature 
measurement device method is used, the sensor of the calibrated device 
must be placed as close as practicable to the process sensor, and both 
devices must be subjected to the same environmental conditions. The 
accuracy of the temperature measured must be 2.5 percent of the 
temperature measured by the NIST traceable device or 5 degrees 
Fahrenheit whichever is greater.
    (B) Annually validate the temperature sensor by following applicable 
mechanical and electrical validation procedures in the manufacturer 
owner's manual.
    (C) Annually request the temperature sensor manufacturer to certify 
or re-certify electromotive force (electrical properties) of the 
thermocouple.
    (D) Annually replace the temperature sensor with a new certified 
temperature sensor in lieu of validation.
    (E) Permanently install a redundant temperature sensor as close as 
practicable to the process temperature sensor. The sensors must yield a 
reading within 2.5 percent of each other for thermal oxidizers and 
catalytic oxidizers.
    (F) Permanently install a temperature sensor with dual sensors to 
account for the possibility of failure.
    (v) Conduct the validation checks in paragraph (e)(10)(iv)(A), (B), 
or (C) of this section any time the temperature sensor exceeds the 
manufacturer's

[[Page 635]]

specified maximum operating temperature range or install a new 
temperature sensor.
    (vi) At least quarterly, inspect temperature sensor components for 
proper connection and integrity or continuously operate an electronic 
monitoring system designed to notify personnel if the signal from the 
temperature sensor is interrupted.
    (11) Other types of control devices. If you use a control device 
other than an oxidizer or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of an alternative monitoring method under 
Sec. 63.8(f).
    (f) Capture system monitoring. If you are complying with the 
emission standards in Sec. 63.3320 through the use of a capture system 
and control device for one or more web coating lines, you must develop a 
site-specific monitoring plan containing the information specified in 
paragraphs (f)(1) and (2) of this section for these capture systems. You 
must monitor the capture system in accordance with paragraph (f)(3) of 
this section. You must make the monitoring plan available for inspection 
by the permitting authority upon request.
    (1) The monitoring plan must:
    (i) Identify the operating parameter to be monitored to ensure that 
the capture efficiency determined during the initial compliance test is 
maintained; and
    (ii) Explain why this parameter is appropriate for demonstrating 
ongoing compliance; and
    (iii) Identify the specific monitoring procedures.
    (2) The monitoring plan must specify the operating parameter value 
or range of values that demonstrate compliance with the emission 
standards in Sec. 63.3320. The specified operating parameter value or 
range of values must represent the conditions present when the capture 
system is being properly operated and maintained.
    (3) You must conduct all capture system monitoring in accordance 
with the plan.
    (4) Any deviation from the operating parameter value or range of 
values which are monitored according to the plan will be considered a 
deviation from the operating limit.
    (5) You must review and update the capture system monitoring plan at 
least annually.

[67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41297, July 9, 2020]



Sec. 63.3360  What performance tests must I conduct?

    (a) The performance test methods you must conduct are as follows:

------------------------------------------------------------------------
 If you control organic HAP on any
individual web coating line or any
   group of web coating lines to
  demonstrate compliance with the                 You must:
 emission limits in Sec. 63.3320
                by:
------------------------------------------------------------------------
(1) Limiting organic HAP or         Determine the organic HAP or
 volatile matter content of          volatile matter and coating solids
 coatings.                           content of coating materials
                                     according to procedures in
                                     paragraphs (c) and (d) of this
                                     section. If applicable, determine
                                     the mass of volatile matter
                                     retained in the coated web or
                                     otherwise not emitted to the
                                     atmosphere according to paragraph
                                     (g) of this section.
(2) Using a capture and control     (i) Initially, conduct a performance
 system.                             test for each capture and control
                                     system to determine: The
                                     destruction or removal efficiency
                                     of each control device other than
                                     solvent recovery according to Sec.
                                      63.3360(e), and the capture
                                     efficiency of each capture system
                                     according to Sec. 63.3360(f). If
                                     applicable, determine the mass of
                                     volatile matter retained in the
                                     coated web or otherwise not emitted
                                     to the atmosphere according to Sec.
                                       63.3360(g).
                                    (ii) Perform a periodic test once
                                     every 5 years for each thermal
                                     oxidizer to determine the
                                     destruction or removal efficiency
                                     according to Sec. 63.3360(e). If
                                     applicable, determine the mass of
                                     volatile matter retained in the
                                     coated web or otherwise not emitted
                                     to the atmosphere according to Sec.
                                       63.3360(g).
                                    (iii) Either perform a periodic test
                                     once every 5 years for each
                                     catalytic oxidizer to determine the
                                     destruction or removal efficiency
                                     according to Sec. 63.3360(e) OR
                                     perform a catalyst activity test
                                     annually on each catalytic oxidizer
                                     to ensure that the catalyst is
                                     performing properly according to
                                     Sec. 63.3360(e)(3)(ii)(D)(1). If
                                     applicable, determine the mass of
                                     volatile matter retained in the
                                     coated web or otherwise not emitted
                                     to the atmosphere according to Sec.
                                       63.3360(g).
------------------------------------------------------------------------


[[Page 636]]

    (b) Control Device. If you are using a control device to comply with 
the emission standards in Sec. 63.3320, you are not required to conduct 
a performance test to demonstrate compliance if one or more of the 
criteria in paragraphs (b)(1) through (3) of this section are met.
    (1) The control device is equipped with continuous emission 
monitoring systems (CEMS) for determining inlet and outlet total organic 
volatile matter concentration and meeting the requirements of 
Performance Specification 6, 8, or 9 in appendix B to 40 CFR part 60 and 
capture efficiency has been determined in accordance with the 
requirements of this subpart such that an overall organic HAP control 
efficiency can be calculated, and the CEMS are used to demonstrate 
continuous compliance in accordance with Sec. 63.3350; or
    (2) You have met the requirements of Sec. 63.7(h) (for waiver of 
performance testing); or
    (3) The control device is a solvent recovery system and you comply 
by means of a monthly liquid-liquid material balance.
    (c) Organic HAP content. If you determine compliance with the 
emission standards in Sec. 63.3320 by means other than determining the 
overall organic HAP control efficiency of a control device, you must 
determine the organic HAP mass fraction of each coating material ``as-
purchased'' by following one of the procedures in paragraphs (c)(1) 
through (3) of this section, and determine the organic HAP mass fraction 
of each coating material ``as-applied'' by following the procedures in 
paragraph (c)(4) of this section. If the organic HAP content values are 
not determined using the procedures in paragraphs (c)(1) through (3) of 
this section, the owner or operator must submit an alternative test 
method for determining their values for approval by the Administrator in 
accordance with Sec. 63.7(f). The recovery efficiency of the test 
method must be determined for all of the target organic HAP and a 
correction factor, if necessary, must be determined and applied.
    (1) Method 311. You may test the coating material in accordance with 
Method 311 of appendix A of this part. The Method 311 determination may 
be performed by the manufacturer of the coating material and the results 
provided to the owner or operator. The organic HAP content must be 
calculated according to the criteria and procedures in paragraphs 
(c)(1)(i) through (iii) of this section.
    (i) Include each organic HAP determined to be present at greater 
than or equal to 0.1 mass percent for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens as specified in section A.6.4 
of appendix A to 29 CFR 1910.1200 and greater than or equal to 1.0 mass 
percent for other organic HAP compounds.
    (ii) Express the mass fraction of each organic HAP you include 
according to paragraph (c)(1)(i) of this section as a value truncated to 
four places after the decimal point (for example, 0.3791).
    (iii) Calculate the total mass fraction of organic HAP in the tested 
material by summing the counted individual organic HAP mass fractions 
and truncating the result to three places after the decimal point (for 
example, 0.763).
    (2) Method 24. For coatings, determine the volatile organic content 
as mass fraction of nonaqueous volatile matter and use it as a 
substitute for organic HAP using Method 24 of appendix A-7 to 40 CFR 
part 60. The Method 24 determination may be performed by the 
manufacturer of the coating and the results provided to you. One of the 
voluntary consensus standards in paragraphs (c)(2)(i) through (v) of 
this section may be used as an alternative to using Method 24.
    (i) ASTM D1963-85 (Reapproved 1996), (incorporated by reference, see 
Sec. 63.14);
    (ii) ASTM D2111-10 (Reapproved 2015), (incorporated by reference, 
see Sec. 63.14);
    (iii) ASTM D2369-10 (Reapproved 2015)\e\, (incorporated by 
reference, see Sec. 63.14);
    (iv) ASTM D2697-03 (Reapproved 2014), (incorporated by reference, 
see Sec. 63.14); and
    (v) ASTM D6093-97 (Reapproved 2016), (incorporated by reference, see 
Sec. 63.14).
    (3) Formulation data. You may use formulation data to determine the 
organic HAP mass fraction of a coating material. Formulation data may be 
provided to the owner or operator by the manufacturer of the material. 
In the event of an inconsistency between

[[Page 637]]

Method 311 (appendix A to this part) test data and a facility's 
formulation data, and the Method 311 test value is higher, the Method 
311 data will govern. Formulation data may be used provided that the 
information represents all organic HAP present at a level equal to or 
greater than 0.1 percent for OSHA-defined carcinogens as specified in 
section A.6.4 of appendix A to 29 CFR 1910.1200 and equal to or greater 
than 1.0 percent for other organic HAP compounds in any raw material 
used.
    (4) As-applied organic HAP mass fraction. If the as-purchased 
coating material is applied to the web without any solvent or other 
material added, then the as-applied organic HAP mass fraction is equal 
to the as-purchased organic HAP mass fraction. Otherwise, the as-applied 
organic HAP mass fraction must be calculated using Equation 4 of Sec. 
63.3370.
    (d) Volatile organic and coating solids content. If you determine 
compliance with the emission standards in Sec. 63.3320 by means other 
than determining the overall organic HAP control efficiency of a control 
device and you choose to use the volatile organic content as a surrogate 
for the organic HAP content of coatings, you must determine the as-
purchased volatile organic content and coating solids content of each 
coating material applied by following the procedures in paragraph (d)(1) 
or (2) of this section, and the as-applied volatile organic content and 
coating solids content of each coating material by following the 
procedures in paragraph (d)(3) of this section.
    (1) Method 24. You may determine the volatile organic and coating 
solids mass fraction of each coating applied using Method 24 (appendix 
A-7 to 40 CFR part 60). The Method 24 determination may be performed by 
the manufacturer of the material and the results provided to you. When 
using volatile organic compound content as a surrogate for HAP, you may 
also use ASTM D3960-98, (incorporated by reference, see Sec. 63.14) as 
an alternative to Method 24. If these values cannot be determined using 
either of these methods, you must submit an alternative technique for 
determining their values for approval by the Administrator.
    (2) Formulation data. You may determine the volatile organic content 
and coating solids content of a coating material based on formulation 
data and may rely on volatile organic content data provided by the 
manufacturer of the material. In the event of any inconsistency between 
the formulation data and the results of Method 24 of appendix A-7 to 40 
CFR part 60 and the Method 24 results are higher, the results of Method 
24 will govern.
    (3) As-applied volatile organic content and coating solids content. 
If the as-purchased coating material is applied to the web without any 
solvent or other material added, then the as-applied volatile organic 
content is equal to the as-purchased volatile content and the as-applied 
coating solids content is equal to the as-purchased coating solids 
content. Otherwise, the as-applied volatile organic content must be 
calculated using Equation 5 to Sec. 63.3370(c)(4) and the as-applied 
coating solids content must be calculated using Equation 6 to Sec. 
63.3370(d).
    (e) Control device efficiency. If you are using an add-on control 
device other than solvent recovery, such as an oxidizer, to comply with 
the emission standards in Sec. 63.3320, you must conduct a performance 
test to establish the destruction or removal efficiency of the control 
device according to the methods and procedures in paragraphs (e)(1) and 
(2) of this section. During the performance test, you must establish the 
operating limits required by Sec. 63.3321 according to paragraph (e)(3) 
of this section.
    (1) Initial performance test. An initial performance test to 
establish the destruction or removal efficiency of the control device 
used to comply with the emission standards in Sec. 63.3320 must be 
conducted such that control device inlet and outlet testing is conducted 
simultaneously, and the data are reduced in accordance with the test 
methods and procedures in paragraphs (e)(1)(i) through (ix) of this 
section. You must conduct three test runs as specified in Sec. 
63.7(e)(3), and each test run must last at least 1 hour.
    (i) Method 1 or 1A of appendix A-1 to 40 CFR part 60 must be used 
for sample and velocity traverses to determine sampling locations.

[[Page 638]]

    (ii) Method 2, 2A, 2C, 2D, or 2F of appendix A-1 to 40 CFR part 60, 
or Method 2G of appendix A-2 to 40 CFR part 60 must be used to determine 
gas volumetric flow rate.
    (iii) Method 3, 3A, or 3B of appendix A-2 to 40 CFR part 60 must be 
used for gas analysis to determine dry molecular weight. You may also 
use as an alternative to Method 3B the manual method for measuring the 
oxygen, carbon dioxide, and carbon monoxide content of exhaust gas in 
ANSI/ASME PTC 19.10-1981 Part 10, (incorporated by reference, see Sec. 
63.14).
    (iv) Method 4 of appendix A-3 to 40 CFR part 60 must be used to 
determine stack gas moisture.
    (v) Methods for determining the gas volumetric flow rate, dry 
molecular weight, and stack gas moisture must be performed, as 
applicable, during each test run.
    (vi) Method 25 or 25A of appendix A-7 to 40 CFR part 60 must be used 
to determine total gaseous organic matter concentration. Use the same 
test method for both the inlet and outlet measurements which must be 
conducted simultaneously. You must submit notice of the intended test 
method to the Administrator for approval along with notification of the 
performance test required under Sec. 63.7(b). You must use method 25A 
if any of the conditions described in paragraphs (e)(1)(vi)(A) through 
(D) of this section apply to the control device.
    (A) The control device is not an oxidizer.
    (B) The control device is an oxidizer but an exhaust gas volatile 
organic matter concentration of 50 ppmv or less is required to comply 
with the emission standards in Sec. 63.3320; or
    (C) The control device is an oxidizer but the volatile organic 
matter concentration at the inlet to the control system and the required 
level of control are such that they result in exhaust gas volatile 
organic matter concentrations of 50 ppmv or less; or
    (D) The control device is an oxidizer but because of the high 
efficiency of the control device the anticipated volatile organic matter 
concentration at the control device exhaust is 50 ppmv or less, 
regardless of inlet concentration.
    (vii) Except as provided in Sec. 63.7(e)(3), each performance test 
must consist of three separate runs with each run conducted for at least 
1 hour under the conditions that exist when the affected source is 
operating under normal operating conditions. For the purpose of 
determining volatile organic compound concentrations and mass flow 
rates, the average of the results of all the runs will apply.
    (viii) Volatile organic matter mass flow rates must be determined 
for each run specified in paragraph (e)(1)(vii) of this section using 
Equation 1:
[GRAPHIC] [TIFF OMITTED] TR09JY20.023

Where:

Mf = Total organic volatile matter mass flow rate, kilograms 
          (kg)/hour (h).
Qsd = Volumetric flow rate of gases entering or exiting the 
          control device, as determined according to paragraph 
          (e)(1)(ii) of this section, dry standard cubic meters (dscm)/
          h.
Cc = Concentration of organic compounds as carbon, ppmv.
12.0 = Molecular weight of carbon.
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
          (mol/m\3\) (@293 Kelvin (K) and 760 millimeters of mercury 
          (mmHg)).

    (ix) For each run, emission control device destruction or removal 
efficiency must be determined using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR09JY20.000


[[Page 639]]


Where:

E = Organic volatile matter control efficiency of the control device, 
          percent.
Mfi = Organic volatile matter mass flow rate at the inlet to 
          the control device, kg/h.
Mfo = Organic volatile matter mass flow rate at the outlet of 
          the control device, kg/h.

    (x) The control device destruction or removal efficiency is 
determined as the average of the efficiencies determined in the test 
runs and calculated in Equation 2.
    (2) Process information. You must record such process information as 
may be necessary to determine the conditions in existence at the time of 
the performance test. 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.
    (3) Operating limits. If you are using one or more add-on control 
device other than a solvent recovery system for which you conduct a 
liquid-liquid material balance to comply with the emission standards in 
Sec. 63.3320, you must establish the applicable operating limits 
required by Sec. 63.3321. These operating limits apply to each add-on 
emission control device, and you must establish the operating limits 
during the performance test required by paragraph (e) of this section 
according to the requirements in paragraphs (e)(3)(i) and (ii) of this 
section.
    (i) Thermal oxidizer. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs 
(e)(3)(i)(A) and (B) of this section.
    (A) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of the 
three test runs. You must monitor the temperature in the firebox of the 
thermal oxidizer or immediately downstream of the firebox before any 
substantial heat exchange occurs.
    (B) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. Maintain the 3-hour average combustion temperature no 
more than 50 degrees Fahrenheit lower than this average combustion 
temperature.
    (ii) Catalytic oxidizer. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to 
paragraphs (e)(3)(ii)(A) and (B) or paragraphs (e)(3)(ii)(C) and (D) of 
this section.
    (A) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (B) Use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed maintained during 
the performance test. Maintain the 3-hour average combustion temperature 
no more than 50 degrees Fahrenheit lower than this average combustion 
temperature or maintain the 3-hour average temperature difference across 
the catalyst bed at no less than 80 percent of this average temperature 
differential, provided that the minimum temperature is always 50 degrees 
Fahrenheit above the catalyst's ignition temperature.
    (C) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet to 
the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(e)(3)(ii)(D) of this section. During the performance test, you must 
monitor and record the temperature just before the catalyst bed at least 
once every 15 minutes during each of the three test runs. Use the data 
collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. Maintain the 3-hour average combustion temperature no more than 50 
degrees Fahrenheit lower than this average combustion temperature.

[[Page 640]]

    (D) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (e)(3)(ii)(C) of this section. The plan must 
address, at a minimum, the elements specified in paragraphs 
(e)(3)(ii)(D)(1) through (3) of this section.
    (1) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures,
    (2) Monthly inspection of the oxidizer system including the burner 
assembly and fuel supply lines for problems, and
    (3) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendations and conduct a new performance test to 
determine destruction efficiency in accordance with this section.
    (4) Control Destruction Efficiency Curve Development. If you are 
using one or more add-on control devices other than a solvent recovery 
system for which you conduct a liquid-liquid material balance to comply 
with the emission standards in Sec. 63.3320, you may establish a 
control destruction efficiency curve for use in estimating emissions 
that occur during deviations of the 3-hour operating parameters. This 
curve can be generated using test data or manufacturer's data that 
specifically documents the level of control at varying temperatures for 
your control device.
    (f) Capture efficiency. If you demonstrate compliance by meeting the 
requirements of Sec. 63.3370(f), (g), (h), (i), (j)(2), (l), (o)(2) or 
(3), or (q), you must determine capture efficiency using the procedures 
in paragraph (f)(1), (2), or (3) of this section, as applicable.
    (1) You may assume your capture efficiency equals 100 percent if 
your capture system is a permanent total enclosure (PTE). You must 
confirm that your capture system is a PTE by demonstrating that it meets 
the requirements of section 6 of EPA Method 204 of 40 CFR part 51, 
appendix M, and that all exhaust gases from the enclosure are delivered 
to a control device.
    (2) You may determine capture efficiency according to the protocols 
for testing with temporary total enclosures that are specified in 
Methods 204 and 204A through F of 40 CFR part 51, appendix M. You may 
exclude never-controlled work stations from such capture efficiency 
determinations.
    (3) You may use any capture efficiency protocol and test methods 
that satisfy the criteria of either the Data Quality Objective or the 
Lower Confidence Limit approach as described in appendix A of subpart KK 
of this part. You may exclude never-controlled work stations from such 
capture efficiency determinations.
    (g) Volatile matter retained in the coated web or otherwise not 
emitted to the atmosphere. You may choose to take into account the mass 
of volatile matter retained in the coated web after curing or drying or 
otherwise not emitted to the atmosphere when determining compliance with 
the emission standards in Sec. 63.3320. If you choose this option, you 
must develop a site- and product-specific emission factor (EF) and 
determine the amount of volatile matter retained in the coated web or 
otherwise not emitted using Equation 3 to Sec. 63.3360(g)(1). The EF 
must be developed by conducting a performance test using an approved EPA 
test method, or alternative approved by the Administrator by obtaining 
the average of a three-run test. You may additionally use manufacturer's 
emissions test data (as long as it replicates the facility's coating 
formulation and operating conditions), or a mass-balance type approach 
using a modified Method 24 (including ASTM D5403-93 for radiation-
cureable coatings). The EF should equal the proportion of the mass of 
volatile organics emitted to the mass of volatile organics in the 
coating materials evaluated. You may use the EF in your compliance 
calculations only for periods that the work station(s) was (were) used 
to make the product, or a similar product, corresponding to that 
produced during the performance test. You must develop a separate EF for 
each group of different products that you choose to utilize an EF for 
calculating emissions by conducting a separate performance test for that 
group of products. You must conduct a

[[Page 641]]

periodic performance test to re-establish the EF if there is a change in 
coating formulation, operating conditions, or other change that could 
reasonably be expected to increase emissions since the time of the last 
test that was used to establish the EF.
    (1) Calculate the mass of volatile organics retained in the coated 
web or otherwise not emitted for the month from each group of similar 
products using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR09JY20.018

Where:

Mvret = Mass of volatile matter retained in the coated web 
          after curing or drying, or otherwise not emitted to the 
          atmosphere, kg.
Cvi = Volatile organic content of coating material, i, 
          expressed as a mass fraction, kg/kg.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
q = Number of different materials added to the coating material.
Cvij = Volatile organic content of material, j, added to as-
          purchased coating material, i, expressed as a mass fraction, 
          kg/kg.
Mij = Mass of material, j, added to as-purchased coating 
          material, i, in a month, kg.
EFi = Volatile organic matter site- and product-specific 
          emission factor (three-run average determined from performance 
          testing, evaluated as proportion of mass volatile organics 
          emitted to mass of volatile organics in the coatings used 
          during the performance test).

    (2) [Reserved]
    (h) Control devices in series. If you use multiple control devices 
in series to comply with the emission standards in Sec. 63.3320, the 
performance test must include, at a minimum, the inlet to the first 
control device in the series, the outlet of the last control device in 
the series, and all intermediate streams (e.g., gaseous exhaust to the 
atmosphere or a liquid stream from a recovery device) that are not 
subsequently treated by any of the control devices in the series.

[67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41298, July 9, 2020; 88 
FR 18413, Mar. 29, 2023]

                   Requirements for Showing Compliance



Sec. 63.3370  How do I demonstrate compliance with the emission standards?

    You must demonstrate compliance each month with the emission 
limitations in Sec. 63.3320(b)(1) through (4). For each monthly 
demonstration, you may apply any combination of the emission limitations 
to each of your web coating lines individually, to each of one or more 
groupings of your lines (including a single grouping encompassing all 
lines of your affected source), or to any combination of individual and 
grouped lines, so long as each web coating line is included in the 
compliance demonstration for the month (i.e., you are not required to 
apply the same emission limitation to each of the individual lines or 
groups of lines). You may change the emission limitation that you apply 
each month to your individual or grouped lines, and you may change line 
groupings for your monthly compliance demonstration.
    (a) A summary of how you must demonstrate compliance follows:

------------------------------------------------------------------------
 If you choose to demonstrate        Then you must        To accomplish
        compliance by:             demonstrate that:          this:
------------------------------------------------------------------------
(1) Use of ``as-purchased''     (i) Each coating        Follow the
 compliant coating materials.    material used at an     procedures set
                                 existing affected       out in Sec.
                                 source does not         63.3370(b).
                                 exceed 0.04 kg
                                 organic HAP per kg
                                 coating material, and
                                 each coating material
                                 used at a new
                                 affected source does
                                 not exceed 0.016 kg
                                 organic HAP per kg
                                 coating material as-
                                 purchased; or.

[[Page 642]]

 
                                (ii) Each coating       Follow the
                                 material used at an     procedures set
                                 existing affected       out in Sec.
                                 source does not         63.3370(b).
                                 exceed 0.2 kg organic
                                 HAP per kg coating
                                 solids, and each
                                 coating material used
                                 at a new affected
                                 source does not
                                 exceed 0.08 kg
                                 organic HAP per kg
                                 coating solids as-
                                 purchased.
(2) Use of ``as-applied''       (i) Each coating        Follow the
 compliant coating materials.    material used at an     procedures set
                                 existing affected       out in Sec.
                                 source does not         63.3370(c)(1).
                                 exceed 0.04 kg          Use either
                                 organic HAP per kg      Equation 4 or 5
                                 coating material, and   of Sec.
                                 each coating material   63.3370 to
                                 used at a new           determine
                                 affected source does    compliance with
                                 not exceed 0.016 kg     Sec.
                                 organic HAP per kg      63.3320(b)(2)
                                 coating material as-    in accordance
                                 applied; or.            with Sec.
                                                         63.3370(c)(5)(i
                                                         ).
                                (ii) Each coating       Follow the
                                 material used at an     procedures set
                                 existing affected       out in Sec.
                                 source does not         63.3370(c)(2).
                                 exceed 0.2 kg organic   Use Equations 6
                                 HAP per kg coating      and 7 of Sec.
                                 solids, and each        63.3370 to
                                 coating material used   determine
                                 at a new affected       compliance with
                                 source does not         Sec.
                                 exceed 0.08 kg          63.3320(b)(3)
                                 organic HAP per kg      in accordance
                                 coating solids as-      with Sec.
                                 applied; or.            63.3370(c)(5)(i
                                                         ).
                                (iii) Monthly average   Follow the
                                 of all coating          procedures set
                                 materials used at an    out in Sec.
                                 existing affected       63.3370(c)(3).
                                 source does not         Use Equation 8
                                 exceed 0.04 kg          of Sec.
                                 organic HAP per kg      63.3370 to
                                 coating material, and   determine
                                 monthly average of      compliance with
                                 all coating materials   Sec.
                                 used at a new           63.3320(b)(2)
                                 affected source does    in accordance
                                 not exceed 0.016 kg     with Sec.
                                 organic HAP per kg      63.3370(c)(5)(i
                                 coating material as-    i).
                                 applied on a monthly
                                 average basis; or.
                                (iv) Monthly average    Follow the
                                 of all coating          procedures set
                                 materials used at an    out in Sec.
                                 existing affected       63.3370(c)(4).
                                 source does not         Use Equation 9
                                 exceed 0.2 kg organic   of Sec.
                                 HAP per kg coating      63.3370 to
                                 solids, and monthly     determine
                                 average of all          compliance with
                                 coating materials       Sec.
                                 used at a new           63.3320(b)(3)
                                 affected source does    in accordance
                                 not exceed 0.08 kg      with Sec.
                                 organic HAP per kg      63.3370(c)(5)(i
                                 coating solids as-      i).
                                 applied on a monthly
                                 average basis.
(3) Tracking total monthly      Total monthly organic   Follow the
 organic HAP applied.            HAP applied does not    procedures set
                                 exceed the calculated   out in Sec.
                                 limit based on          63.3370(d).
                                 emission limitations.   Show that total
                                                         monthly HAP
                                                         applied
                                                         (Equation 10 of
                                                         Sec. 63.3370)
                                                         is less than
                                                         the calculated
                                                         equivalent
                                                         allowable
                                                         organic HAP
                                                         (Equation 17 or
                                                         18 of Sec.
                                                         63.3370).
(4) Accounting for volatile     A site- and product-    Follow the
 matter retained in the coated   specific emission       procedures set
 web or otherwise not emitted.   factor was              out in Sec.
                                 appropriately           63.3360(g) and
                                 established for the     Sec.
                                 group of products for   63.3370(e)
                                 which the site- and
                                 product-specific
                                 emission factor was
                                 used in the
                                 compliance
                                 calculations.
(5) Use of a capture system     (i) Overall organic     Follow the
 and control device.             HAP control             procedures set
                                 efficiency is equal     out in Sec.
                                 to 95 percent at an     63.3370(f) to
                                 existing affected       determine
                                 source and 98 percent   compliance with
                                 at a new affected       Sec.
                                 source on a monthly     63.3320(b)(1)
                                 basis; or oxidizer      according to
                                 outlet organic HAP      Sec.
                                 concentration is no     63.3370(j) if
                                 greater than 20 ppmv    using a solvent
                                 and capture             recovery
                                 efficiency is 100       device, or Sec.
                                 percent; or operating     63.3370(k) if
                                 parameters are          using a control
                                 continuously            device and
                                 monitored; or.          CPMS, or Sec.
                                                         63.3370(l) if
                                                         using an
                                                         oxidizer.
                                (ii) Overall organic    Follow the
                                 HAP emission rate       procedures set
                                 does not exceed 0.2     out in Sec.
                                 kg organic HAP per kg   63.3370(g) to
                                 coating solids for an   determine
                                 existing affected       compliance with
                                 source or 0.08 kg       Sec.
                                 organic HAP per kg      63.3320(b)(3)
                                 coating solids for a    according to
                                 new affected source     Sec.
                                 on a monthly average    63.3370(j) if
                                 as-applied basis;.      using a solvent
                                                         recovery
                                                         device, or Sec.
                                                           63.3370(l) if
                                                         using an
                                                         oxidizer.
                                (iii) Overall organic   Follow the
                                 HAP emission rate       procedures set
                                 does not exceed 0.04    out in Sec.
                                 kg organic HAP per kg   63.3370(h) to
                                 coating material for    determine
                                 an existing affected    compliance with
                                 source or 0.016 kg      Sec.
                                 organic HAP per kg      63.3320(b)(2)
                                 coating material for    according to
                                 a new affected source   Sec.
                                 on a monthly average    63.3370(j) if
                                 as-applied basis; or.   using a solvent
                                                         recovery
                                                         device, or Sec.
                                                           63.3370(l) if
                                                         using an
                                                         oxidizer.

[[Page 643]]

 
                                (iv) Overall organic    Follow the
                                 HAP emission rate       procedures set
                                 does not exceed the     out in Sec.
                                 calculated limit        63.3370(i).
                                 based on emission       Show that the
                                 limitations.            monthly organic
                                                         HAP emission
                                                         rate is less
                                                         than the
                                                         calculated
                                                         equivalent
                                                         allowable
                                                         organic HAP
                                                         emission rate
                                                         (Equation 17 or
                                                         18 of Sec.
                                                         63.3370).
                                                         Calculate the
                                                         monthly organic
                                                         HAP emission
                                                         rate according
                                                         to Sec.
                                                         63.3370(j) if
                                                         using a solvent
                                                         recovery
                                                         device, or Sec.
                                                           63.3370(l) if
                                                         using an
                                                         oxidizer.
(6) Use of multiple capture     (i) Overall organic     Follow the
 and/or control devices.         HAP control             procedures set
                                 efficiency is equal     out in Sec.
                                 to 95 percent at an     63.3370(f) to
                                 existing affected       determine
                                 source and 98 percent   compliance with
                                 at a new affected       Sec.
                                 source on a monthly     63.3320(b)(1)
                                 basis; or.              according to
                                                         Sec.
                                                         63.3370(f)(1)
                                                         or (2).
                                (ii) Average            Follow the
                                 equivalent organic      procedures set
                                 HAP emission rate       out in Sec.
                                 does not exceed 0.2     63.3370(g) to
                                 kg organic HAP per kg   determine
                                 coating solids for an   compliance with
                                 existing affected       Sec.
                                 source or 0.08 kg       63.3320(b)(3)
                                 organic HAP per kg      according to
                                 coating solids for a    Sec.
                                 new affected source     63.3370(o).
                                 on a monthly average
                                 as-applied basis; or.
                                (iii) Average           Follow the
                                 equivalent organic      procedures set
                                 HAP emission rate       out in Sec.
                                 does not exceed 0.04    63.3370(h) to
                                 kg organic HAP per kg   determine
                                 coating material for    compliance with
                                 an existing affected    Sec.
                                 source or 0.016 kg      63.3320(b)(2)
                                 organic HAP per kg      according to
                                 coating material for    Sec.
                                 a new affected source   63.3370(o).
                                 on a monthly average
                                 as-applied basis; or.
                                (iv) Average            Follow the
                                 equivalent organic      procedures set
                                 HAP emission rate       out in Sec.
                                 does not exceed the     63.3370(i).
                                 calculated limit        Show that the
                                 based on emission       monthly organic
                                 limitations.            HAP emission
                                                         rate is less
                                                         than the
                                                         calculated
                                                         equivalent
                                                         allowable
                                                         organic HAP
                                                         emission rate
                                                         (Equation 17 or
                                                         18 of Sec.
                                                         63.3370)
                                                         according to
                                                         Sec.
                                                         63.3370(o).
(7) Use of a combination of     (i) Average equivalent  Follow the
 compliant coatings and          organic HAP emission    procedures set
 control devices.                rate does not exceed    out in Sec.
                                 0.2 kg organic HAP      63.3370(g) to
                                 per kg coating solids   determine
                                 for an existing         compliance with
                                 affected source or      Sec.
                                 0.08 kg organic HAP     63.3320(b)(3)
                                 per kg coating solids   according to
                                 for a new affected      Sec.
                                 source on a monthly     63.3370(o).
                                 average as-applied
                                 basis; or.
                                (ii) Average            Follow the
                                 equivalent organic      procedures set
                                 HAP emission rate       out in Sec.
                                 does not exceed 0.04    63.3370(h) to
                                 kg organic HAP per kg   determine
                                 coating material for    compliance with
                                 an existing affected    Sec.
                                 source or 0.016 kg      63.3320(b)(2)
                                 organic HAP per kg      according to
                                 coating material for    Sec.
                                 a new affected source   63.3370(o).
                                 on a monthly average
                                 as-applied basis; or.
                                (iii) Average           Follow the
                                 equivalent organic      procedures set
                                 HAP emission rate       out in Sec.
                                 does not exceed the     63.3370(i).
                                 calculated limit        Show that the
                                 based on emission       monthly organic
                                 limitations.            HAP emission
                                                         rate is less
                                                         than the
                                                         calculated
                                                         equivalent
                                                         allowable
                                                         organic HAP
                                                         emission rate
                                                         (Equation 17 or
                                                         18 of Sec.
                                                         63.3370)
                                                         according to
                                                         Sec.
                                                         63.3370(o).
(8) Use of non-HAP coatings...  All coatings for all    Follow the
                                 coating lines at an     procedures set
                                 affected source have    out in Sec.
                                 organic HAP contents    63.3370(s).
                                 below 0.1 percent by
                                 mass for OSHA-defined
                                 carcinogens as
                                 specified in section
                                 A.6.4 of appendix A
                                 to 29 CFR 1910.1200,
                                 and below 1.0 percent
                                 by mass for other
                                 organic HAP compounds.
------------------------------------------------------------------------

    (b) As-purchased ``compliant'' coating materials. (1) If you comply 
by using coating materials that individually meet the emission standards 
in Sec. 63.3320(b)(2) or (3), you must demonstrate that each coating 
material applied during the month at an existing affected source 
contains no more than 0.04 mass fraction organic HAP or 0.2 kg organic 
HAP per kg coating solids, and that each coating material applied during 
the month at a new affected

[[Page 644]]

source contains no more than 0.016 mass fraction organic HAP or 0.08 kg 
organic HAP per kg coating solids on an as-purchased basis as determined 
in accordance with Sec. 63.3360(c).
    (2) You are in compliance with emission standards in Sec. 
63.3320(b)(2) and (3) if each coating material applied at an existing 
affected source is applied as-purchased and contains no more than 0.04 
kg organic HAP per kg coating material or 0.2 kg organic HAP per kg 
coating solids, and each coating material applied at a new affected 
source is applied as-purchased and contains no more than 0.016 kg 
organic HAP per kg coating material or 0.08 kg organic HAP per kg 
coating solids.
    (c) As-applied ``compliant'' coating materials. If you comply by 
using coating materials that meet the emission standards in Sec. 
63.3320(b)(2) or (3) as-applied, you must demonstrate compliance by 
following one of the procedures in paragraphs (c)(1) through (4) of this 
section. Compliance is determined in accordance with paragraph (c)(5) of 
this section.
    (1) Each coating material as-applied meets the mass fraction of 
coating material standard (Sec. 63.3320(b)(2)). You must demonstrate 
that each coating material applied at an existing affected source during 
the month contains no more than 0.04 kg organic HAP per kg coating 
material applied, and each coating material applied at a new affected 
source contains no more than 0.016 kg organic HAP per kg coating 
material applied as determined in accordance with paragraphs (c)(1)(i) 
and (ii) of this section. You must calculate the as-applied organic HAP 
content of as-purchased coating materials which are reduced, thinned, or 
diluted prior to application.
    (i) Determine the organic HAP content or volatile organic content of 
each coating material applied on an as-purchased basis in accordance 
with Sec. 63.3360(c).
    (ii) Calculate the as-applied organic HAP content of each coating 
material using Equation 4:
[GRAPHIC] [TIFF OMITTED] TR09JY20.001

Where:

Cahi = Monthly average, as-applied, organic HAP content of 
          coating material, i, expressed as a mass fraction, kg/kg.
Chi = Organic HAP content of coating material, i, as-
          purchased, expressed as a mass fraction, kg/kg.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
q = number of different materials added to the coating material.
Chij = Organic HAP content of material, j, added to as-
          purchased coating material, i, expressed as a mass fraction, 
          kg/kg.
Mij = Mass of material, j, added to as-purchased coating 
          material, i, in a month, kg. or calculate the as-applied 
          volatile organic content of each coating material using 
          Equation 5:
          [GRAPHIC] [TIFF OMITTED] TR09JY20.002
          

[[Page 645]]


Where:

Cavi = Monthly average, as-applied, volatile organic content 
          of coating material, i, expressed as a mass fraction, kg/kg.
Cvi = Volatile organic content of coating material, i, 
          expressed as a mass fraction, kg/kg.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
q = Number of different materials added to the coating material.
Cvij = Volatile organic content of material, j, added to as-
          purchased coating material, i, expressed as a mass fraction, 
          kg/kg.
Mij = Mass of material, j, added to as-purchased coating 
          material, i, in a month, kg.

    (2) Each coating material as-applied meets the mass fraction of 
coating solids standard (Sec. 63.3320(b)(3)). You must demonstrate that 
each coating material applied at an existing affected source contains no 
more than 0.20 kg of organic HAP per kg of coating solids applied and 
each coating material applied at a new affected source contains no more 
than 0.08 kg of organic HAP per kg of coating solids applied. You must 
demonstrate compliance in accordance with paragraphs (c)(2)(i) and (ii) 
of this section.
    (i) Determine the as-applied coating solids content of each coating 
material following the procedure in Sec. 63.3360(d). You must calculate 
the as-applied coating solids content of coating materials which are 
reduced, thinned, or diluted prior to application, using Equation 6:
[GRAPHIC] [TIFF OMITTED] TR09JY20.003

Where:

Csi = Coating solids content of coating material, i, 
          expressed as a mass fraction, kg/kg.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
q = Number of different materials added to the coating material.
Csij = Coating solids content of material, j, added to as-
          purchased coating material, i, expressed as a mass-fraction, 
          kg/kg.
Mij = Mass of material, j, added to as-purchased coating 
          material, i, in a month, kg.

    (ii) Calculate the as-applied organic HAP to coating solids ratio 
using Equation 7:
[GRAPHIC] [TIFF OMITTED] TR09JY20.004

Where:

Hsi = As-applied, organic HAP to coating solids ratio of 
          coating material, i.
Cahi = Monthly average, as-applied, organic HAP content of 
          coating material, i, expressed as a mass fraction, kg/kg.
Casi = Monthly average, as-applied, coating solids content of 
          coating material, i, expressed as a mass fraction, kg/kg.

    (3) Monthly average organic HAP content of all coating materials as-
applied is less than the mass percent limit (Sec. 63.3320(b)(2)). 
Demonstrate that the monthly average as-applied organic HAP content of 
all coating materials applied at an existing affected source is less 
than 0.04 kg organic HAP per kg of coating material applied, and all 
coating materials applied at a new affected source are less than 0.016 
kg organic HAP per kg of coating material applied, as determined by 
Equation 8:

[[Page 646]]

[GRAPHIC] [TIFF OMITTED] TR09JY20.005

Where:

HL = Monthly average, as-applied, organic HAP content of all 
          coating materials applied, expressed as kg organic HAP per kg 
          of coating material applied, kg/kg.
p = Number of different coating materials applied in a month.
Chi = Organic HAP content of coating material, i, as-
          purchased, expressed as a mass fraction, kg/kg.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
q = Number of different materials added to the coating material.
Chij = Organic HAP content of material, j, added to as-
          purchased coating material, i, expressed as a mass fraction, 
          kg/kg.
Mij = Mass of material, j, added to as-purchased coating 
          material, i, in a month, kg.
Mvret = Mass of volatile matter retained in the coated web 
          after curing or drying, or otherwise not emitted to the 
          atmosphere, kg. The value of this term will be zero in all 
          cases except where you choose to take into account the 
          volatile matter retained in the coated web or otherwise not 
          emitted to the atmosphere for the compliance demonstration 
          procedures in Sec. 63.3370.

    (4) Monthly average organic HAP content of all coating materials as-
applied is less than the mass fraction of coating solids limit (Sec. 
63.3320(b)(3)). Demonstrate that the monthly average as-applied organic 
HAP content on the basis of coating solids applied of all coating 
materials applied at an existing affected source is less than 0.20 kg 
organic HAP per kg coating solids applied, and all coating materials 
applied at a new affected source are less than 0.08 kg organic HAP per 
kg coating solids applied, as determined by Equation 9:
[GRAPHIC] [TIFF OMITTED] TR09JY20.006

Where:

Hs = Monthly average, as-applied, organic HAP to coating 
          solids ratio, kg organic HAP/kg coating solids applied.
p = Number of different coating materials applied in a month.
Chi = Organic HAP content of coating material, i, as-
          purchased, expressed as a mass fraction, kg/kg.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
q = Number of different materials added to the coating material.
Chij = Organic HAP content of material, j, added to as-
          purchased coating material, i, expressed as a mass fraction, 
          kg/kg.
Mij = Mass of material, j, added to as-purchased coating 
          material, i, in a month, kg.
Mvret = Mass of volatile matter retained in the coated web 
          after curing or drying, or otherwise not emitted to the 
          atmosphere, kg. The value of this term will be zero in all 
          cases except where you choose to take into account the 
          volatile matter retained in the coated web or otherwise not 
          emitted to the atmosphere for the compliance demonstration 
          procedures in Sec. 63.3370.
Csi = Coating solids content of coating material, i, 
          expressed as a mass fraction, kg/kg.
Csij = Coating solids content of material, j, added to as-
          purchased coating material, i, expressed as a mass-fraction, 
          kg/kg.

    (5) The affected source is in compliance with emission standards in 
Sec. 63.3320(b)(2) or (3) if:

[[Page 647]]

    (i) The organic HAP content of each coating material as-applied at 
an existing affected source is no more than 0.04 kg organic HAP per kg 
coating material or 0.2 kg organic HAP per kg coating solids, and the 
organic HAP content of each coating material as-applied at a new 
affected source contains no more than 0.016 kg organic HAP per kg 
coating material or 0.08 kg organic HAP per kg coating solids; or
    (ii) The monthly average organic HAP content of all as-applied 
coating materials at an existing affected source are no more than 0.04 
kg organic HAP per kg coating material or 0.2 kg organic HAP per kg 
coating solids, and the monthly average organic HAP content of all as-
applied coating materials at a new affected source is no more than 0.016 
kg organic HAP per kg coating material or 0.08 kg organic HAP per kg 
coating solids.
    (d) Monthly allowable organic HAP applied. Demonstrate that the 
total monthly organic HAP applied as determined by Equation 10 is less 
than the calculated equivalent allowable organic HAP as determined by 
Equation 17 or 18 in paragraph (m) of this section:
[GRAPHIC] [TIFF OMITTED] TR09JY20.007

Where:

Hm = Total monthly organic HAP applied, kg.
p = Number of different coating materials applied in a month.
Chi = Organic HAP content of coating material, i, as-
          purchased, expressed as a mass fraction, kg/kg.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
q = Number of different materials added to the coating material.
Chij = Organic HAP content of material, j, added to as-
          purchased coating material, i, expressed as a mass fraction, 
          kg/kg.
Mij = Mass of material, j, added to as-purchased coating 
          material, i, in a month, kg.
Mvret = Mass of volatile matter retained in the coated web 
          after curing or drying, or otherwise not emitted to the 
          atmosphere, kg. The value of this term will be zero in all 
          cases except where you choose to take into account the 
          volatile matter retained in the coated web or otherwise not 
          emitted to the atmosphere for the compliance demonstration 
          procedures in Sec. 63.3370.

    (e) Accounting for volatile matter retained in the coated web or 
otherwise not emitted. If you choose to use the equation in Sec. 
63.3360(g) to take into account volatile organic matter that is retained 
in the coated web or otherwise not emitted, you must identify each group 
of similar products that can utilize each site- and product-specific 
emission factor. Details regarding the test methods and calculations are 
provided in Sec. 63.3360(g).
    (f) Capture and control to reduce emissions to no more than 
allowable limit (Sec. 63.3320(b)(1)). Operate a capture system and 
control device and demonstrate an overall organic HAP control efficiency 
of at least 95 percent at an existing affected source and at least 98 
percent at a new affected source for each month, or operate a capture 
system and oxidizer so that an outlet organic HAP concentration of no 
greater than 20 ppmv on a dry basis is achieved as long as the capture 
efficiency is 100 percent as detailed in Sec. 63.3320(b)(4). Unless one 
of the cases described in paragraph (f)(1), (2), or (3) of this section 
applies to the affected source, you must either demonstrate compliance 
in accordance with the procedure in paragraph (i) of this section when 
emissions from the affected source are controlled by a solvent recovery 
device, or the procedure in paragraph (l) of this section when emissions 
are controlled by an oxidizer or demonstrate compliance for a web 
coating line by operating each capture system and each control device 
and continuous parameter monitoring according to the procedures in 
paragraph (k) of this section.
    (1) If the affected source has only always-controlled work stations 
and operates more than one capture system

[[Page 648]]

or more than one control device, you must demonstrate compliance in 
accordance with the provisions of either paragraph (o) or (q) of this 
section.
    (2) If the affected source operates one or more never-controlled 
work stations or one or more intermittently-controlled work stations, 
you must demonstrate compliance in accordance with the provisions of 
paragraph (o) of this section.
    (3) An alternative method of demonstrating compliance with Sec. 
63.3320(b)(1) is the installation of a PTE around the web coating line 
that achieves 100 percent capture efficiency and ventilation of all 
organic HAP emissions from the total enclosure to an oxidizer with an 
outlet organic HAP concentration of no greater than 20 ppmv on a dry 
basis. If this method is selected, you must demonstrate compliance by 
following the procedures in paragraphs (f)(3)(i) and (ii) of this 
section. Compliance is determined according to paragraph (f)(3)(iii) of 
this section.
    (i) Demonstrate that a total enclosure is installed. An enclosure 
that meets the requirements in Sec. 63.3360(f)(1) will be considered a 
total enclosure.
    (ii) Determine the organic HAP concentration at the outlet of your 
total enclosure using the procedures in paragraph (f)(3)(ii)(A) or (B) 
of this section.
    (A) Determine the control device efficiency using Equation 2 of 
Sec. 63.3360 and the applicable test methods and procedures specified 
in Sec. 63.3360(e).
    (B) Use a CEMS to determine the organic HAP emission rate according 
to paragraphs (j)(2)(i) through (x) of this section.
    (iii) You are in compliance if the installation of a total enclosure 
is demonstrated and the organic HAP concentration at the outlet of the 
incinerator is demonstrated to be no greater than 20 ppmv on a dry 
basis.
    (g) Capture and control to achieve mass fraction of coating solids 
applied limit (Sec. 63.3320(b)(3)). Operate a capture system and 
control device and limit the organic HAP emission rate from an existing 
affected source to no more than 0.20 kg organic HAP emitted per kg 
coating solids applied, and from a new affected source to no more than 
0.08 kg organic HAP emitted per kg coating solids applied as determined 
on a monthly average as-applied basis. If the affected source operates 
more than one capture system, more than one control device, one or more 
never-controlled work stations, or one or more intermittently-controlled 
work stations, then you must demonstrate compliance in accordance with 
the provisions of paragraph (o) of this section. Otherwise, you must 
demonstrate compliance following the procedure in paragraph (j) of this 
section when emissions from the affected source are controlled by a 
solvent recovery device or the procedure in paragraph (l) of this 
section when emissions are controlled by an oxidizer.
    (h) Capture and control to achieve mass fraction limit (Sec. 
63.3320(b)(2)). Operate a capture system and control device and limit 
the organic HAP emission rate to no more than 0.04 kg organic HAP 
emitted per kg coating material applied at an existing affected source, 
and no more than 0.016 kg organic HAP emitted per kg coating material 
applied at a new affected source as determined on a monthly average as-
applied basis. If the affected source operates more than one capture 
system, more than one control device, one or more never-controlled work 
stations, or one or more intermittently-controlled work stations, then 
you must demonstrate compliance in accordance with the provisions of 
paragraph (o) of this section. Otherwise, you must demonstrate 
compliance following the procedure in paragraph (j) of this section when 
emissions from the affected source are controlled by a solvent recovery 
device or the procedure in paragraph (l) of this section when emissions 
are controlled by an oxidizer.
    (i) Capture and control to achieve allowable emission rate. Operate 
a capture system and control device and limit the monthly organic HAP 
emissions to less than the allowable emissions as calculated in 
accordance with paragraph (m) of this section. If the affected source 
operates more than one capture system, more than one control device, one 
or more never-controlled work stations, or one or more intermittently-
controlled work stations, then you must demonstrate compliance in

[[Page 649]]

accordance with the provisions of paragraph (o) of this section. 
Otherwise, the owner or operator must demonstrate compliance following 
the procedure in paragraph (j) of this section when emissions from the 
affected source are controlled by a solvent recovery device or the 
procedure in paragraph (l) of this section when emissions are controlled 
by an oxidizer.
    (j) Solvent recovery device compliance demonstration. If you use a 
solvent recovery device to control emissions, you must show compliance 
by following the procedures in either paragraph (j)(1) or (2) of this 
section:
    (1) Liquid-liquid material balance. Perform a monthly liquid-liquid 
material balance as specified in paragraphs (j)(1)(i) through (v) of 
this section and use the applicable equations in paragraphs (j)(1)(vi) 
through (ix) of this section to convert the data to units of the 
selected compliance option in paragraphs (f) through (i) of this 
section. Compliance is determined in accordance with paragraph (j)(1)(x) 
of this section.
    (i) Determine the mass of each coating material applied on the web 
coating line or group of web coating lines controlled by a common 
solvent recovery device during the month.
    (ii) If demonstrating compliance on the basis of organic HAP 
emission rate based on coating solids applied, organic HAP emission rate 
based on coating material applied, or emission of less than the 
calculated allowable organic HAP, determine the organic HAP content of 
each coating material as-applied during the month following the 
procedure in Sec. 63.3360(c).
    (iii) Determine the volatile organic content of each coating 
material as-applied during the month following the procedure in Sec. 
63.3360(d).
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on coating solids applied or emission of less than 
the calculated allowable organic HAP, determine the coating solids 
content of each coating material applied during the month following the 
procedure in Sec. 63.3360(d).
    (v) Determine and monitor the amount of volatile organic matter 
recovered for the month according to the procedures in Sec. 63.3350(d).
    (vi) Recovery efficiency. Calculate the volatile organic matter 
collection and recovery efficiency using Equation 11:
[GRAPHIC] [TIFF OMITTED] TR09JY20.008

Where:

Rv = Organic volatile matter collection and recovery 
          efficiency, percent.
Mvr = Mass of volatile matter recovered in a month, kg.
Mvret = Mass of volatile matter retained in the coated web 
          after curing or drying, or otherwise not emitted to the 
          atmosphere, kg. The value of this term will be zero in all 
          cases except where you choose to take into account the 
          volatile matter retained in the coated web or otherwise not 
          emitted to the atmosphere for the compliance demonstration 
          procedures in this section.
p = Number of different coating materials applied in a month.
Cvi = Volatile organic content of coating material, i, 
          expressed as a mass fraction, kg/kg.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
q = Number of different materials added to the coating material.
Cvij = Volatile organic content of material, j, added to as-
          purchased coating material, i, expressed as a mass fraction, 
          kg/kg.
Mij = Mass of material, j, added to as-purchased coating 
          material, i, in a month, kg.

(vii) Organic HAP emitted. Calculate the organic HAP emitted during the 
month using Equation 12:

[[Page 650]]

[GRAPHIC] [TIFF OMITTED] TR09JY20.009

Where:

He = Total monthly organic HAP emitted, kg.
Rv = Organic volatile matter collection and recovery 
          efficiency, percent.
p = Number of different coating materials applied in a month.
Chi = Organic HAP content of coating material, i, as-
          purchased, expressed as a mass fraction, kg/kg.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
q = Number of different materials added to the coating material.
Chij = Organic HAP content of material, j, added to as-
          purchased coating material, i, expressed as a mass fraction, 
          kg/kg.
Mij = Mass of material, j, added to as-purchased coating 
          material, i, in a month, kg.
Mvret = Mass of volatile matter retained in the coated web 
          after curing or drying, or otherwise not emitted to the 
          atmosphere, kg. The value of this term will be zero in all 
          cases except where you choose to take into account the 
          volatile matter retained in the coated web or otherwise not 
          emitted to the atmosphere for the compliance demonstration 
          procedures in this section.

    (viii) Organic HAP emission rate based on coating solids applied. 
Calculate the organic HAP emission rate based on coating solids applied 
using Equation 13:
[GRAPHIC] [TIFF OMITTED] TR09JY20.010

Where:

L = Mass organic HAP emitted per mass of coating solids applied, kg/kg.
He = Total monthly organic HAP emitted, kg.
p = Number of different coating materials applied in a month.
Csi = Coating solids content of coating material, i, 
          expressed as a mass fraction, kg/kg.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
q = Number of different materials added to the coating material.
Csij = Coating solids content of material, j, added to as-
          purchased coating material, i, expressed as a mass-fraction, 
          kg/kg.
Mij = Mass of material, j, added to as-purchased coating 
          material, i, in a month, kg.

    (ix) Organic HAP emission rate based on coating materials applied. 
Calculate the organic HAP emission rate based on coating material 
applied using Equation 14:
[GRAPHIC] [TIFF OMITTED] TR09JY20.011

Where:

S = Mass organic HAP emitted per mass of material applied, kg/kg.
He = Total monthly organic HAP emitted, kg.
p = Number of different coating materials applied in a month.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
q = Number of different materials added to the coating material.

[[Page 651]]

Mij = Mass of material, j, added to as-purchased coating 
          material, i, in a month, kg.

    (x) You are in compliance with the emission standards in Sec. 
63.3320(b) if:
    (A) The volatile organic matter collection and recovery efficiency 
is 95 percent or greater at an existing affected source and 98 percent 
or greater at a new affected source; or
    (B) The organic HAP emission rate based on coating solids applied is 
no more than 0.20 kg organic HAP per kg coating solids applied at an 
existing affected source and no more than 0.08 kg organic HAP per kg 
coating solids applied at a new affected source; or
    (C) The organic HAP emission rate based on coating material applied 
is no more than 0.04 kg organic HAP per kg coating material applied at 
an existing affected source and no more than 0.016 kg organic HAP per kg 
coating material applied at a new affected source; or
    (D) The organic HAP emitted during the month is less than the 
calculated allowable organic HAP as determined using paragraph (m) of 
this section.
    (2) Continuous emission monitoring of capture system and control 
device performance. Demonstrate initial compliance through a performance 
test on capture efficiency and continuing compliance through continuous 
emission monitors and continuous monitoring of capture system operating 
parameters following the procedures in paragraphs (j)(2)(i) through 
(vii) of this section. Use the applicable equations specified in 
paragraphs (j)(2)(viii) through (x) of this section to convert the 
monitoring and other data into units of the selected compliance option 
in paragraphs (f) through (i) of this section. Compliance is determined 
in accordance with paragraph (j)(2)(xi) of this section.
    (i) Control device efficiency. Continuously monitor the gas stream 
entering and exiting the control device to determine the total organic 
volatile matter mass flow rate (e.g., by determining the concentration 
of the vent gas in grams per cubic meter and the volumetric flow rate in 
cubic meters per second such that the total organic volatile matter mass 
flow rate in grams per second can be calculated) such that the control 
device efficiency of the control device can be calculated for each month 
using Equation 2 of Sec. 63.3360.
    (ii) Capture efficiency monitoring. Whenever a web coating line is 
operated, continuously monitor the operating parameters established in 
accordance with Sec. 63.3350(f) to ensure capture efficiency.
    (iii) Determine the percent capture efficiency in accordance with 
Sec. 63.3360(f).
    (iv) Control efficiency. Calculate the overall organic HAP control 
efficiency achieved for each month using Equation 15:
[GRAPHIC] [TIFF OMITTED] TR09JY20.012

Where:

R = Overall organic HAP control efficiency, percent.
E = Organic volatile matter control efficiency of the control device, 
          percent.
CE = Organic volatile matter capture efficiency of the capture system, 
          percent.

    (v) If demonstrating compliance on the basis of organic HAP emission 
rate based on coating solids applied, organic HAP emission rate based on 
coating materials applied, or emission of less than the calculated 
allowable organic HAP, determine the mass of each coating material 
applied on the web coating line or group of web coating lines controlled 
by a common control device during the month.
    (vi) If demonstrating compliance on the basis of organic HAP 
emission rate based on coating solids applied, organic HAP emission rate 
based on coating material applied, or emission of less than the 
calculated allowable organic HAP, determine the organic HAP content of 
each coating material as-applied during the month following the 
procedure in Sec. 63.3360(c).
    (vii) If demonstrating compliance on the basis of organic HAP 
emission rate

[[Page 652]]

based on coating solids applied or emission of less than the calculated 
allowable organic HAP, determine the coating solids content of each 
coating material as-applied during the month following the procedure in 
Sec. 63.3360(d).
    (viii) Organic HAP emitted. Calculate the organic HAP emitted during 
the month for each month using Equation 16:
[GRAPHIC] [TIFF OMITTED] TR09JY20.013

Where:

He = Total monthly organic HAP emitted, kg.
R = Overall organic HAP control efficiency, percent.
p = Number of different coating materials applied in a month.
Cahi = Monthly average, as-applied, organic HAP content of 
          coating material, i, expressed as a mass fraction, kg/kg.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
Mvret = Mass of volatile matter retained in the coated web 
          after curing or drying, or otherwise not emitted to the 
          atmosphere, kg. The value of this term will be zero in all 
          cases except where you choose to take into account the 
          volatile matter retained in the coated web or otherwise not 
          emitted to the atmosphere for the compliance demonstration 
          procedures in this section.

    (ix) Organic HAP emission rate based on coating solids applied. 
Calculate the organic HAP emission rate based on coating solids applied 
using Equation 13 of this section.
    (x) Organic HAP emission rate based on coating materials applied. 
Calculate the organic HAP emission rate based on coating material 
applied using Equation 14 of this section.
    (xi) Compare actual performance to the performance required by 
compliance option. The affected source is in compliance with the 
emission standards in Sec. 63.3320(b) for each month if the capture 
system is operated such that the average capture system operating 
parameter is greater than or less than (as appropriate) the operating 
parameter value established in accordance with Sec. 63.3350(f); and
    (A) The organic volatile matter collection and recovery efficiency 
is 95 percent or greater at an existing affected source and 98 percent 
or greater at a new affected source; or
    (B) The organic HAP emission rate based on coating solids applied is 
no more than 0.20 kg organic HAP per kg coating solids applied at an 
existing affected source and no more than 0.08 kg organic HAP per kg 
coating solids applied at a new affected source; or
    (C) The organic HAP emission rate based on coating material applied 
is no more than 0.04 kg organic HAP per kg coating material applied at 
an existing affected source and no more than 0.016 kg organic HAP per kg 
coating material applied at a new affected source; or
    (D) The organic HAP emitted during the month is less than the 
calculated allowable organic HAP as determined using paragraph (m) of 
this section.
    (k) Capture and control system compliance demonstration procedures 
using a CPMS. If you use an add-on control device, you must demonstrate 
initial compliance for each capture system and each control device 
through performance tests and demonstrate continuing compliance through 
continuous monitoring of capture system and control device operating 
parameters as specified in paragraphs (k)(1) through (3) of this 
section. Compliance is determined in accordance with paragraph (k)(4) or 
(k)(5) of this section.
    (1) Determine the control device destruction or removal efficiency 
using the applicable test methods and procedures in Sec. 63.3360(e).
    (2) Determine the emission capture efficiency in accordance with 
Sec. 63.3360(f).
    (3) Whenever a web coating line is operated, continuously monitor 
the operating parameters established according to Sec. 63.3350(e) and 
(f).

[[Page 653]]

    (4) No operating limit deviations. You are in compliance with the 
emission standards in Sec. 63.3320(b) if the thermal oxidizer is 
operated such that the average combustion temperature does not fall more 
than 50 degrees Fahrenheit below the temperature established in 
accordance with Sec. 63.3360(e)(3)(i) for each 3-hour period or if the 
catalytic oxidizer is operating such that the three-hour average 
temperature difference across the bed does not fall more than 80 percent 
of the average temperature established in accordance with Sec. 
63.3360(e)(3)(ii) and the minimum temperature is always 50 degrees 
Fahrenheit above the catalyst's ignition temperature, or the catalytic 
oxidizer average combustion temperature does not fall more than 50 
[deg]F below the temperature established in accordance with Sec. 
63.3360(e)(3)(ii) for each 3-hour period, and the capture system 
operating parameter is operated at an average value greater than or less 
than (as appropriate) the operating parameter value established in 
accordance with Sec. 63.3350(f); and
    (i) The overall organic HAP control efficiency is 95 percent or 
greater at an existing affected source and 98 percent or greater at a 
new affected source; or
    (ii) The organic HAP emission rate based on coating solids applied 
is no more than 0.20 kg organic HAP per kg coating solids applied at an 
existing affected source and no more than 0.08 kg organic HAP per kg 
coating solids applied at a new affected source; or
    (iii) The organic HAP emission rate based on coating material 
applied is no more than 0.04 kg organic HAP per kg coating material 
applied at an existing affected source and no more than 0.016 kg organic 
HAP per kg coating material applied at a new affected source; or
    (iv) The organic HAP emitted during the month is less than the 
calculated allowable organic HAP as determined using paragraph (m) of 
this section.
    (5) Operating limit deviations. If one or more operating limit 
deviations occurred during the monthly averaging period, compliance with 
the emission standards in Sec. 63.3320(b) is determined by either 
assuming no control of emissions or by estimating the emissions using a 
control destruction efficiency curve during each 3-hour period that was 
a deviation. You are in compliance with the emission standards in Sec. 
63.3320(b) if, including the periods of deviations:
    (i) The overall organic HAP control efficiency is 95 percent or 
greater at an existing affected source and 98 percent or greater at a 
new affected source; or
    (ii) The organic HAP emission rate based on coating solids applied 
is no more than 0.20 kg organic HAP per kg coating solids applied at an 
existing affected source and no more than 0.08 kg organic HAP per kg 
coating solids applied at a new affected source; or
    (iii) The organic HAP emission rate based on coating material 
applied is no more than 0.04 kg organic HAP per kg coating material 
applied at an existing affected source and no more than 0.016 kg organic 
HAP per kg coating material applied at a new affected source; or
    (iv) The organic HAP emitted during the month is less than the 
calculated allowable organic HAP as determined using paragraph (m) of 
this section.
    (l) Oxidizer compliance demonstration procedures. If you use an 
oxidizer to control emissions to comply with this subpart, you must show 
compliance by following the procedures in paragraph (l)(1) of this 
section. Use the applicable equations specified in paragraph (l)(2) of 
this section to convert the monitoring and other data into units of the 
selected compliance option in paragraph (f) through (i) of this section. 
Compliance is determined in accordance with paragraph (l)(3) or (l)(4) 
of this section.
    (1) Demonstrate initial compliance through performance tests of 
capture efficiency and control device efficiency and continuing 
compliance through continuous monitoring of capture system and control 
device operating parameters as specified in paragraphs (l)(1)(i) through 
(vi) of this section:
    (i) Determine the oxidizer destruction efficiency using the 
procedure in Sec. 63.3360(e).
    (ii) Determine the capture system capture efficiency in accordance 
with Sec. 63.3360(f).
    (iii) Capture and control efficiency monitoring. Whenever a web 
coating line is operated, continuously monitor the operating parameters 
established

[[Page 654]]

in accordance with Sec. 63.3350(e) and (f) to ensure capture and 
control efficiency.
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on coating solids applied, organic HAP emission rate 
based on coating materials applied, or emission of less than the 
calculated allowable organic HAP, determine the mass of each coating 
material applied on the web coating line or group of web coating lines 
controlled by a common oxidizer during the month.
    (v) If demonstrating compliance on the basis of organic HAP emission 
rate based on coating solids applied, organic HAP emission rate based on 
coating material applied, or emission of less than the calculated 
allowable organic HAP, determine the organic HAP content of each coating 
material as-applied during the month following the procedure in Sec. 
63.3360(c).
    (vi) If demonstrating compliance on the basis of organic HAP 
emission rate based on coating solids applied or emission of less than 
the calculated allowable organic HAP, determine the coating solids 
content of each coating material applied during the month following the 
procedure in Sec. 63.3360(d).
    (2) Convert the information obtained under paragraph (q)(1) of this 
section into the units of the selected compliance option using the 
calculation procedures specified in paragraphs (l)(2)(i) through (iv) of 
this section.
    (i) Control efficiency. Calculate the overall organic HAP control 
efficiency achieved using Equation 15.
    (ii) Organic HAP emitted. Calculate the organic HAP emitted during 
the month using Equation 16.
    (iii) Organic HAP emission rate based on coating solids applied. 
Calculate the organic HAP emission rate based on coating solids applied 
for each month using Equation 13.
    (iv) Organic HAP emission rate based on coating materials applied. 
Calculate the organic HAP emission rate based on coating material 
applied using Equation 14.
    (3) No operating limit deviations. You are in compliance with the 
emission standards in Sec. 63.3320(b) if the oxidizer is operated such 
that the average combustion temperature does not fall more than 50 
degrees Fahrenheit below the temperature established in accordance with 
Sec. 63.3360(e)(3)(i) for each 3-hour period, or the catalytic oxidizer 
average combustion temperature does not fall more than 50 degrees 
Fahrenheit below the temperature established in accordance with Sec. 
63.3360(e)(3)(ii) for each 3-hour period or the temperature difference 
across the bed does not fall more than 80 percent of the average 
temperature established in accordance with Sec. 63.3360(e)(3)(ii) and 
the minimum temperature is always 50 degrees Fahrenheit above the 
catalyst's ignition temperature, and the capture system operating 
parameter is operated at an average value greater than or less than (as 
appropriate) the operating parameter value established in accordance 
with Sec. 63.3350(f); and
    (i) The overall organic HAP control efficiency is 95 percent or 
greater at an existing affected source and 98 percent or greater at a 
new affected source; or
    (ii) The organic HAP emission rate based on coating solids applied 
is no more than 0.20 kg organic HAP per kg coating solids applied at an 
existing affected source and no more than 0.08 kg organic HAP per kg 
coating solids applied at a new affected source; or
    (iii) The organic HAP emission rate based on coating material 
applied is no more than 0.04 kg organic HAP per kg coating material 
applied at an existing affected source and no more than 0.016 kg organic 
HAP per kg coating material applied at a new affected source; or
    (iv) The organic HAP emitted during the month is less than the 
calculated allowable organic HAP as determined using paragraph (m) of 
this section.
    (4) Operating limit deviations. If one or more operating limit 
deviations occurred during the monthly averaging period, compliance with 
the emission standards in Sec. 63.3320(b) is determined by assuming no 
control of emissions or by estimating the emissions using a control 
destruction efficiency curve during each 3-hour period that was a 
deviation. You are in compliance with the emission standards in Sec. 
63.3320(b) if, including the periods of deviation:
    (i) The overall organic HAP control efficiency is 95 percent or 
greater at an existing affected source and 98 percent or greater at a 
new affected source; or

[[Page 655]]

    (ii) The organic HAP emission rate based on coating solids applied 
is no more than 0.20 kg organic HAP per kg coating solids applied at an 
existing affected source and no more than 0.08 kg organic HAP per kg 
coating solids applied at a new affected source; or
    (iii) The organic HAP emission rate based on coating material 
applied is no more than 0.04 kg organic HAP per kg coating material 
applied at an existing affected source and no more than 0.016 kg organic 
HAP per kg coating material applied at a new affected source; or
    (iv) The organic HAP emitted during the month is less than the 
calculated allowable organic HAP as determined using paragraph (m) of 
this section.
    (m) Monthly allowable organic HAP emissions. This paragraph provides 
the procedures and calculations for determining monthly allowable 
organic HAP emissions for use in demonstrating compliance in accordance 
with paragraph (d), (i), (j)(1)(x)(D), (j)(2)(xi)(D), or (l)(3)(iv) of 
this section. You will need to determine the amount of coating material 
applied at greater than or equal to 20 mass percent coating solids and 
the amount of coating material applied at less than 20 mass percent 
coating solids. The allowable organic HAP limit is then calculated based 
on coating material applied at greater than or equal to 20 mass percent 
coating solids complying with 0.2 kg organic HAP per kg coating solids 
at an existing affected source or 0.08 kg organic HAP per kg coating 
solids at a new affected source, and coating material applied at less 
than 20 mass percent coating solids complying with 4 mass percent 
organic HAP at an existing affected source and 1.6 mass-percent organic 
HAP at a new affected source as follows:
    (1) Determine the as-purchased mass of each coating material applied 
each month.
    (2) Determine the as-purchased coating solids content of each 
coating material applied each month in accordance with Sec. 
63.3360(d)(1).
    (3) Determine the as-purchased mass fraction of each coating 
material which was applied at 20 mass percent or greater coating solids 
content on an as-applied basis.
    (4) Determine the total mass of each solvent, diluent, thinner, or 
reducer added to coating materials which were applied at less than 20 
mass percent coating solids content on an as-applied basis each month.
    (5) Calculate the monthly allowable organic HAP emissions using 
Equation 17 for an existing affected source:
[GRAPHIC] [TIFF OMITTED] TR09JY20.014

Where:

Ha = Monthly allowable organic HAP emissions, kg.
p = Number of different coating materials applied in a month.
Mi = mass of as-purchased coating material, i, applied in a 
          month, kg.
Gi = Mass fraction of each coating material, i, which was 
          applied at 20 mass percent or greater coating solids content, 
          on an as-applied basis, kg/kg.
Csi = Coating solids content of coating material, i, 
          expressed as a mass fraction, kg/kg.
q = Number of different materials added to the coating material.
MLj = Mass of non-coating-solids-containing coating material, 
          j, added to coating-solids-containing coating materials which 
          were applied at less than 20 mass percent coating solids 
          content, on an as-applied basis, in a month, kg.


or Equation 18 for a new affected source:

[[Page 656]]

[GRAPHIC] [TIFF OMITTED] TR09JY20.015

Where:

Ha = Monthly allowable organic HAP emissions, kg.
p = Number of different coating materials applied in a month.
Mi = Mass of as-purchased coating material, i, applied in a 
          month, kg.
Gi = Mass fraction of each coating material, i, which was 
          applied at 20 mass percent or greater coating solids content, 
          on an as-applied basis, kg/kg.
Csi = Coating solids content of coating material, i, 
          expressed as a mass fraction, kg/kg.
q = Number of different materials added to the coating material.
MLj = Mass of non-coating-solids-containing coating material, 
          j, added to coating-solids-containing coating materials which 
          were applied at less than 20 mass percent coating solids 
          content, on an as-applied basis, in a month, kg.
    (n) [Reserved]
    (o) Combinations of capture and control. If you operate more than 
one capture system, more than one control device, one or more never-
controlled work stations, or one or more intermittently-controlled work 
stations, you must calculate organic HAP emissions according to the 
procedures in paragraphs (o)(1) through (4) of this section, and use the 
calculation procedures specified in paragraph (o)(5) of this section to 
convert the monitoring and other data into units of the selected control 
option in paragraphs (f) through (i) of this section. Use the procedures 
specified in paragraph (o)(6) of this section to demonstrate compliance.
    (1) Solvent recovery system using liquid-liquid material balance 
compliance demonstration. If you choose to comply by means of a liquid-
liquid material balance for each solvent recovery system used to control 
one or more web coating lines, you must determine the organic HAP 
emissions for those web coating lines controlled by that solvent 
recovery system either:
    (i) In accordance with paragraphs (j)(1)(i) through (iii) and (v) 
through (vii) of this section, if the web coating lines controlled by 
that solvent recovery system have only always-controlled work stations; 
or
    (ii) In accordance with paragraphs (j)(1)(ii), (iii), (v), and (vi) 
and (p) of this section, if the web coating lines controlled by that 
solvent recovery system have one or more never-controlled or 
intermittently-controlled work stations.
    (2) Solvent recovery system using performance test compliance 
demonstration and CEMS. To demonstrate compliance through an initial 
test of capture efficiency, continuous monitoring of a capture system 
operating parameter, and a CEMS on each solvent recovery system used to 
control one or more web coating lines, you must:
    (i) For each capture system delivering emissions to that solvent 
recovery system, monitor the operating parameter established in 
accordance with Sec. 63.3350(f) to ensure capture system efficiency; 
and
    (ii) Determine the organic HAP emissions for those web coating lines 
served by each capture system delivering emissions to that solvent 
recovery system either:
    (A) In accordance with paragraphs (j)(2)(i) through (iii), (v), 
(vi), and (viii) of this section, if the web coating lines served by 
that capture and control system have only always-controlled work 
stations; or
    (B) In accordance with paragraphs (j)(2)(i) through (iii), (vi), and 
(p) of this section, if the web coating lines served by that capture and 
control system have one or more never-controlled or intermittently-
controlled work stations.
    (3) Oxidizer. To demonstrate compliance through performance tests of 
capture efficiency and control device efficiency, continuous monitoring 
of capture system, and CPMS for control device operating parameters for 
each oxidizer used to control emissions from one or more web coating 
lines, you must:

[[Page 657]]

    (i) Monitor the operating parameter in accordance with Sec. 
63.3350(e) to ensure control device efficiency; and
    (ii) For each capture system delivering emissions to that oxidizer, 
monitor the operating parameter established in accordance with Sec. 
63.3350(f) to ensure capture efficiency; and
    (iii) Determine the organic HAP emissions for those web coating 
lines served by each capture system delivering emissions to that 
oxidizer either:
    (A) In accordance with paragraphs (l)(1)(i) through (vi) of this 
section, if the web coating lines served by that capture and control 
system have only always-controlled work stations; or
    (B) In accordance with paragraphs (l)(1)(i) through (iii), (v), and 
(p) of this section, if the web coating lines served by that capture and 
control system have one or more never-controlled or intermittently-
controlled work stations.
    (4) Uncontrolled coating lines. If you own or operate one or more 
uncontrolled web coating lines, you must determine the organic HAP 
applied on those web coating lines using Equation 10. The organic HAP 
emitted from an uncontrolled web coating line is equal to the organic 
HAP applied on that web coating line.
    (5) Convert the information obtained under paragraphs (o)(1) through 
(4) of this section into the units of the selected compliance option 
using the calculation procedures specified in paragraphs (o)(5)(i) 
through (iv) of this section.
    (i) Organic HAP emitted. Calculate the organic HAP emissions for the 
affected source for the month by summing all organic HAP emissions 
calculated according to paragraphs (o)(1), (o)(2)(ii), (o)(3)(iii), and 
(o)(4) of this section.
    (ii) Coating solids applied. If demonstrating compliance on the 
basis of organic HAP emission rate based on coating solids applied or 
emission of less than the calculated allowable organic HAP, the owner or 
operator must determine the coating solids content of each coating 
material applied during the month following the procedure in Sec. 
63.3360(d).
    (iii) Organic HAP emission rate based on coating solids applied. 
Calculate the organic HAP emission rate based on coating solids applied 
for each month using Equation 13.
    (iv) Organic HAP based on materials applied. Calculate the organic 
HAP emission rate based on material applied using Equation 14.
    (6) Compliance. The affected source is in compliance with the 
emission standards in Sec. 63.3320(b) for the month if all operating 
parameters required to be monitored under paragraphs (o)(1) through (3) 
of this section were maintained at the values established under 
Sec. Sec. 63.3350 and 63.3360 and one of the standards in paragraphs 
(o)(6)(i) through (iv) of this section were met. If operating parameter 
deviations occurred, the affected source is in compliance with the 
emission standards in Sec. 63.3320(b) for the month if, assuming no 
control of emissions or by estimating the emissions using a control 
destruction efficiency curve for each 3-hour deviation period, one of 
the standards in paragraphs (6)(i) through (iv) of this section were 
met.
    (i) The total mass of organic HAP emitted by the affected source 
based on coating solids applied is no more than 0.20 kg organic HAP per 
kg coating solids applied at an existing affected source and no more 
than 0.08 kg organic HAP per kg coating solids applied at a new affected 
source; or
    (ii) The total mass of organic HAP emitted by the affected source 
based on material applied is no more than 0.04 kg organic HAP per kg 
material applied at an existing affected source and no more than 0.016 
kg organic HAP per kg material applied at a new affected source; or
    (iii) The total mass of organic HAP emitted by the affected source 
during the month is less than the calculated allowable organic HAP as 
determined using paragraph (m) of this section; or
    (iv) The total mass of organic HAP emitted by the affected source 
was not more than 5 percent of the total mass of organic HAP applied for 
the month at an existing affected source and no more than 2 percent of 
the total mass of organic HAP applied for the month at a new affected 
source. The total mass of organic HAP applied by the affected source in 
the month must be determined using Equation 10.

[[Page 658]]

    (p) Intermittently-controlled and never-controlled work stations. If 
you have been expressly referenced to this paragraph by paragraph 
(o)(1)(ii), (o)(2)(ii)(B), or (o)(3)(iii)(B) of this section for 
calculation procedures to determine organic HAP emissions for your 
intermittently-controlled and never-controlled work stations, you must:
    (1) Determine the sum of the mass of all coating materials as-
applied on intermittently-controlled work stations operating in bypass 
mode and the mass of all coating materials as-applied on never-
controlled work stations during the month.
    (2) Determine the sum of the mass of all coating materials as-
applied on intermittently-controlled work stations operating in a 
controlled mode and the mass of all coating materials applied on always-
controlled work stations during the month.
    (3) Liquid-liquid material balance compliance demonstration. For 
each web coating line or group of web coating lines for which you use 
the provisions of paragraph (o)(1)(ii) of this section, you must 
calculate the organic HAP emitted during the month using Equation 19 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR09JY20.016

Where:

He = Total monthly organic HAP emitted, kg.
p = Number of different coating materials applied in a month.
Mci = Sum of the mass of coating material, i, as-applied on 
          intermittently-controlled work stations operating in 
          controlled mode and the mass of coating material, i, as-
          applied on always-controlled work stations, in a month, kg.
Cahi = Monthly average, as-applied, organic HAP content of 
          coating material, i, expressed as a mass fraction, kg/kg.
Rv = Organic volatile matter collection and recovery 
          efficiency, percent.
MBi = Sum of the mass of coating material, i, as-applied on 
          intermittently-controlled work stations operating in bypass 
          mode and the mass of coating material, i, as-applied on never-
          controlled work stations, in a month, kg.
Cahi = Monthly average, as-applied, organic HAP content of 
          coating material, i, expressed as a mass fraction, kg/kg.
Mvret = Mass of volatile matter retained in the coated web 
          after curing or drying, or otherwise not emitted to the 
          atmosphere, kg. The value of this term will be zero in all 
          cases except where you choose to take into account the 
          volatile matter retained in the coated web or otherwise not 
          emitted to the atmosphere for the compliance demonstration 
          procedures in this section.

    (4) Performance test to determine capture efficiency and control 
device efficiency. For each web coating line or group of web coating 
lines for which you use the provisions of paragraph (o)(2)(ii)(B) or 
(o)(3)(iii)(B) of this section, you must calculate the organic HAP 
emitted during the month using Equation 20:
[GRAPHIC] [TIFF OMITTED] TR09JY20.017

Where:

He = Total monthly organic HAP emitted, kg.
p = Number of different coating materials applied in a month.
Mci = Sum of the mass of coating material, i, as-applied on 
          intermittently-controlled work stations operating in 
          controlled mode and the mass of coating material, i, as-
          applied on always-controlled work stations, in a month, kg.

[[Page 659]]

Cahi = Monthly average, as-applied, organic HAP content of 
          coating material, i, expressed as a mass fraction, kg/kg.
R = Overall organic HAP control efficiency, percent.
MBi = Sum of the mass of coating material, i, as-applied on 
          intermittently-controlled work stations operating in bypass 
          mode and the mass of coating material, i, as-applied on never-
          controlled work stations, in a month, kg.
Cahi = Monthly average, as-applied, organic HAP content of 
          coating material, i, expressed as a mass fraction, kg/kg.
Mvret = Mass of volatile matter retained in the coated web 
          after curing or drying, or otherwise not emitted to the 
          atmosphere, kg. The value of this term will be zero in all 
          cases except where you choose to take into account the 
          volatile matter retained in the coated web or otherwise not 
          emitted to the atmosphere for the compliance demonstration 
          procedures in this section.

    (q) Always-controlled work stations with more than one capture and 
control system. If you operate more than one capture system or more than 
one control device and only have always-controlled work stations, then 
you are in compliance with the emission standards in Sec. 63.3320(b)(1) 
for the month if for each web coating line or group of web coating lines 
controlled by a common control device:
    (1) The volatile matter collection and recovery efficiency as 
determined by paragraphs (j)(1)(i), (iii), (v), and (vi) of this section 
is at least 95 percent at an existing affected source and at least 98 
percent at a new affected source; or
    (2) The overall organic HAP control efficiency as determined by 
paragraphs (j)(2)(i) through (iv) of this section for each web coating 
line or group of web coating lines served by that control device and a 
common capture system is at least 95 percent at an existing affected 
source and at least 98 percent at a new affected source; or
    (3) The overall organic HAP control efficiency as determined by 
paragraphs (l)(1)(i) through (iii) and (l)(2)(i) of this section for 
each web coating line or group of web coating lines served by that 
control device and a common capture system is at least 95 percent at an 
existing affected source and at least 98 percent at a new affected 
source.
    (r) Mass-balance approach. As an alternative to Sec. 63.3370(b) 
through (p), you may demonstrate monthly compliance using a mass-balance 
approach in accordance with this section, except for any month that you 
elect to meet the emission limitation in Sec. 63.3320(b)(4). The mass-
balance approach should be performed as follows:
    (1) Separately for each individual/grouping(s) of lines, you must 
sum the mass of organic HAP emitted during the month and divide by the 
corresponding total mass of all organic HAP applied on the lines, or 
total mass of coating materials applied on the lines, or total mass of 
coating solids applied on the lines, for the same period, in accordance 
with the emission limitation that you have elected at Sec. 
63.3320(b)(1) through (3) for the month's demonstration. You may also 
choose to use volatile organic content as a surrogate for organic HAP 
for the compliance demonstration in accordance with Sec. 63.3360(d). 
You are required to include all emissions and inputs that occur during 
periods that each line or grouping of lines operates in accordance with 
the applicability criteria in Sec. 63.3300.
    (2) You must include all of the organic HAP emitted by your 
individual/grouping(s) of lines, as follows.
    (i) You must record the mass of organic HAP or volatile organic 
content utilized at all work stations of all of your individually/
grouping(s) of lines. You must additionally record the mass of all 
coating materials applied at these work stations if you are 
demonstrating compliance for the month with the emission limitation at 
Sec. 63.3320(b)(2) (the ``coating materials'' option). You must 
additionally record the mass of all coating solids applied at these work 
stations if you are demonstrating compliance for the month with the 
emission limitation at Sec. 63.3320(b)(3) (the ``coating solids'' 
option).
    (ii) You must assume that all of the organic HAP input to all never-
controlled work stations is emitted, unless you have determined an 
emission factor in accordance with Sec. 63.3360(g).
    (iii) For all always-controlled work stations, you must assume that 
all of the organic HAP or volatile organic content is emitted, less the 
reductions provided by the corresponding capture

[[Page 660]]

system and control device, in accordance with the most recently measured 
capture and destruction efficiencies, or in accordance with the measured 
mass of volatile organic compounds (VOC) recovered for the month (e.g., 
carbon control or condensers). You may account for organic HAP or 
volatile organic content retained in the coated web or otherwise not 
emitted if you have determined an emission factor in accordance with 
Sec. 63.3360(g).
    (iv) For all intermittently-controlled work stations, you must 
assume that all of the organic HAP or volatile organic content is 
emitted during periods of no control. During periods of control, you 
must assume that all of the organic HAP or volatile organic content is 
emitted, less the reductions provided by the corresponding capture 
system and control device, in accordance with the most recently measured 
capture and destruction efficiencies, or in accordance with the measured 
mass of VOC recovered for the month (e.g., carbon control or 
condensers). You may account for organic HAP or volatile organic content 
retained in the coated web or otherwise not emitted if you have 
determined an emission factor in accordance with Sec. 63.3360(g).
    (v) You must record the organic HAP or volatile organic content 
input to all work stations of your individual/grouping(s) of lines and 
the mass of coating materials and/or solids applied, if applicable, and 
determine corresponding emissions during all periods of operation, 
including malfunctions or startups and shutdowns of any web coating line 
or control device.
    (3) You are in compliance with the emission standards in Sec. 
63.3320(b) if each of your individual/grouping(s) of lines, meets one of 
the requirements in paragraphs (r)(3)(i) through (iii) of this section, 
as applicable. If operating parameter limit deviations occurred, 
including periods that the oxidizer control device(s), if any, operated 
at an average combustion temperature more than 50 degrees Fahrenheit 
below the temperature established in accordance with Sec. 63.3360(e), 
or the 3-hour average temperature difference across the catalyst bed at 
no less than 80 percent of this average temperature differential and the 
catalytic oxidizer maintained a minimum temperature 50 degrees 
Fahrenheit above the catalyst's ignition temperature, you are in 
compliance with the emission standards in Sec. 63.3320(b) for the 
month, if assuming no control of emissions for each 3-hour deviation 
period (or in accordance with an alternate approved method), one of the 
requirements in paragraphs (r)(3)(i) through (iii) of this section was 
met.
    (i) The total mass of organic HAP emitted by the affected source 
based on HAP applied is no more than 0.05 kg organic HAP per kg HAP 
applied at an existing affected source and no more than 0.02 kg organic 
HAP per kg HAP applied at a new affected source; or
    (ii) The total mass of organic HAP emitted by the affected source 
based on coating solids applied is no more than 0.20 kg organic HAP per 
kg coating solids applied at an existing affected source and no more 
than 0.08 kg organic HAP per kg coating solids applied at a new affected 
source; or
    (iii) The total mass of organic HAP emitted by the affected source 
based on material applied is no more than 0.04 kg organic HAP per kg 
material applied at an existing affected source and no more than 0.016 
kg organic HAP per kg material applied at a new affected source.
    (s) Non-HAP coating. You must demonstrate that all of the coatings 
applied at all of the web coating lines at the affected source have 
organic HAP contents below 0.1 percent by mass for OSHA-defined 
carcinogens as specified in section A.6.4 of appendix A to 29 CFR 
1910.1200, and below 1.0 percent by mass for other organic HAP compounds 
using the procedures in Sec. 63.3370(s)(1) through (3).
    (1) Determine the organic HAP mass fraction of each coating material 
``as purchased'' by following one of the procedures in paragraphs Sec. 
63.3360(c)(1) through (3) and determine the organic HAP mass fraction of 
each coating material ``as applied'' by following the procedures in 
paragraph Sec. 63.3360(c)(4).
    (2) Submit to your permitting authority a report certifying that all 
coatings applied at all of the web coating lines at your effected source 
are non-HAP coatings.

[[Page 661]]

    (3) Maintain records of coating formulations used as required in 
Sec. 63.3410(a)(1)(iii).
    (4) Resume reporting requirements if any of the coating formulations 
are modified to exceed the thresholds in Sec. 63.3370(s) or new 
coatings which exceed the thresholds in paragraph (s) of this section 
are used.

[67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41301, July 9, 2020]

                   Notifications, Reports, and Records



Sec. 63.3400  What notifications and reports must I submit?

    (a) Reports. Each owner or operator of an affected source subject to 
this subpart must submit the reports specified in paragraphs (b) through 
(k) of this section to the Administrator.
    (b) Initial notifications. You must submit an initial notification 
as required by Sec. 63.9(b), using the procedure in Sec. 63.3400(h).
    (1) Initial notification for existing affected sources must be 
submitted no later than 1 year before the compliance date specified in 
Sec. 63.3330(a), or no later than 120 days after the source becomes 
subject to this subpart, whichever is later.
    (2) Initial notification for new and reconstructed affected sources 
must be submitted as required by Sec. 63.9(b).
    (3) For the purpose of this subpart, a title V or part 70 permit 
application may be used in lieu of the initial notification required 
under Sec. 63.9(b), provided the same information is contained in the 
permit application as required by Sec. 63.9(b) and the State to which 
the permit application has been submitted has an approved operating 
permit program under part 70 of this chapter and has received delegation 
of authority from the EPA to implement and enforce this subpart.
    (4) If you are using a permit application in lieu of an initial 
notification in accordance with paragraph (b)(3) of this section, the 
permit application must be submitted by the same due date specified for 
the initial notification.
    (c) You must submit a semiannual compliance report according to 
paragraphs (c)(1) and (2) of this section.
    (1) Compliance report dates.
    (i) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.3330 and ending on June 30 or December 31, whichever date is the 
first date following the end of the calendar half immediately following 
the compliance date that is specified for your affected source in Sec. 
63.3330.
    (ii) The first compliance report is due no later than July 31 or 
January 31, whichever date follows the end of the calendar half 
immediately following the compliance date that is specified for your 
affected source in Sec. 63.3330. Prior to the electronic template being 
available in CEDRI for one year, the report must be postmarked or 
delivered by the aforementioned dates. After the electronic template has 
been available in CEDRI for 1 year, the next full report must be 
submitted electronically as described in paragraph (h) of this section.
    (iii) 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.
    (iv) Each subsequent compliance report must be submitted 
electronically no later than July 31 or January 31, whichever date is 
the first date following the end of the semiannual reporting period.
    (v) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and the 
permitting authority has established dates for submitting semiannual 
reports pursuant to Sec. 70.6(a)(3)(iii)(A) or Sec. 
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 (c)(1)(i) through (iv) 
of this section.
    (2) Compliance report contents. The compliance report must contain 
the information in paragraphs (c)(2)(i) through (viii) of this section:
    (i) Company name and address.
    (ii) Statement by a responsible official with that official's name, 
title, and signature certifying the accuracy of the content of the 
report.

[[Page 662]]

    (iii) Date of report and beginning and ending dates of the reporting 
period.
    (iv) If there are no deviations from any emission limitations 
(emission limit or operating limit) 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.
    (v) For each deviation from an emission limitation (emission limit 
or operating limit) that applies to you and 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 
following information:
    (A) The total operating time of the web coating line(s) during the 
reporting period.
    (B) Information on the number, duration, and cause of deviations 
(including unknown cause), if applicable, and the corrective action 
taken.
    (C) An estimate of the quantity of each regulated pollutant emitted 
over the emission limits in Sec. 63.3320 for each monthly period 
covered in the report if the source failed to meet an applicable 
emission limit of this subpart.
    (vi) For each deviation from an emission limit occurring at an 
affected source where you are using a CEMS or CPMS to comply with the 
emission limit in this subpart, you must include the following 
information:
    (A) The total operating time of the web coating line(s) during the 
reporting period.
    (B) The date and time that each CEMS and CPMS, if applicable, was 
inoperative except for zero (low-level) and high-level checks.
    (C) The date and time that each CEMS and CPMS, if applicable, was 
out-of-control, including the information in Sec. 63.8(c)(8).
    (D) 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.
    (E) A summary of the total duration (in hours) of each deviation 
during the reporting period and the total duration of each deviation as 
a percent of the total source operating time during that reporting 
period.
    (F) 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.
    (G) A summary of the total duration (in hours) of CEMS and/or CPMS 
downtime during the reporting period and the total duration of CEMS and/
or CPMS downtime as a percent of the total source operating time during 
that reporting period.
    (H) A breakdown of the total duration of CEMS and/or CPMS downtime 
during the reporting period into periods that are due to monitoring 
equipment malfunctions, non-monitoring equipment malfunctions, quality 
assurance/quality control calibrations, other known causes, and other 
unknown causes.
    (I) The date of the latest CEMS and/or CPMS certification or audit.
    (J) A description of any changes in CEMS, CPMS, or controls since 
the last reporting period.
    (K) An estimate of the quantity of each regulated pollutant emitted 
over the emission limits in Sec. 63.3320 for each monthly period 
covered in the report if the source failed to meet an applicable 
emission limit of this subpart.
    (d) You must submit a Notification of Performance Tests as specified 
in Sec. Sec. 63.7 and 63.9(e) if you are complying with the emission 
standard using a control device and you are required to conduct a 
performance test of the control device. This notification and the site-
specific test plan required under Sec. 63.7(c)(2) must identify the 
operating parameters to be monitored to ensure that the capture 
efficiency of the capture system and the control efficiency of the 
control device determined during the performance test are maintained. 
Unless EPA objects to the parameter or requests changes, you may 
consider the parameter approved.
    (e) Notification of Compliance Status. You must submit a 
Notification of Compliance Status as specified in Sec. 63.9(h). For 
affected sources that commence construction or reconstruction

[[Page 663]]

after September 19, 2019, the Notification of Compliance Status must be 
submitted electronically using the procedure in paragraph (h) of this 
section. For affected sources that commenced construction or 
reconstruction on or before September 19, 2019, the Notification of 
Compliance Status must be submitted electronically using the procedure 
in paragraph (h) starting July 9, 2021.
    (f) Performance test reports. You must submit performance test 
reports as specified in Sec. 63.10(d)(2) if you are using a control 
device to comply with the emission standard and you have not obtained a 
waiver from the performance test requirement or you are not exempted 
from this requirement by Sec. 63.3360(b). Catalyst activity test 
results are not required to be submitted but must be maintained onsite. 
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. For affected sources that commence construction or 
reconstruction after September 19, 2019, the performance test reports 
must be submitted electronically using the procedure in paragraph (h) of 
this section. For affected sources that commenced construction or 
reconstruction on or before September 19, 2019, the performance test 
reports must be submitted electronically using the procedure in 
paragraph (h) starting July 9, 2021.
    (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 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 EPA via CEDRI.
    (3) Confidential business information (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) Performance evaluation reports. You must submit the results of 
performance evaluations within 60 days of completing each CMS 
performance evaluation (as defined in Sec. 63.2) following the 
procedures specified in paragraphs (g)(1) through (3) of this section. 
For affected sources that commence construction or reconstruction after 
September 19, 2019, the performance evaluation reports must be submitted 
electronically using the procedure in paragraph (h) of this section. For 
affected sources that commenced construction or reconstruction on or 
before September 19, 2019, the performance evaluation reports must be 
submitted electronically using the procedure in paragraph (h) starting 
July 9, 2021.
    (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

[[Page 664]]

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) Confidential business information (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) Electronic reporting. If you are required to submit reports 
following the procedure specified in this paragraph, you must submit 
reports to EPA via CEDRI, which can be accessed through EPA's CDX 
(https://cdx.epa.gov/). Initial notifications and notifications of 
compliance status must be submitted as portable document formats (PDF) 
to CEDRI using the attachment module of the ERT. You must use the 
semiannual 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 1 year after 
it becomes available. 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. 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.
    (i) Extension for CDX/CEDRI 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 (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 EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning 5 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

[[Page 665]]

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) Extension for force majeure events. 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 (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 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.
    (k) SSM reports. For affected sources that commenced construction or 
reconstruction before September 19, 2019, you must submit SSM reports as 
specified in Sec. 63.10(d)(5), except that the provisions in subpart A 
of this part pertaining to startups, shutdowns, and malfunctions do not 
apply unless a control device is used to comply with this subpart. On 
and after, July 9, 2021, and for affected sources that commence 
construction or reconstruction after September 19, 2019, this section is 
no longer relevant.
    (1) If actions taken by an owner or operator during a startup, 
shutdown, or malfunction of an affected source (including actions taken 
to correct a malfunction) are not consistent with the procedures 
specified in the affected source's SSMP required by Sec. 63.6(e)(3), 
the owner or operator must state such information in the report. The 
startup, shutdown, or malfunction report must consist of a letter 
containing the name, title, and signature of the responsible official 
who is certifying its accuracy and must be submitted to the 
Administrator.
    (2) Separate startup, shutdown, and malfunction reports are not 
required if the information is included in the report specified in 
paragraph (c)(2)(vi) of this section.

[67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41313, July 9, 2020; 85 
FR 73905, Nov. 19, 2020]



Sec. 63.3410  What records must I keep?

    (a) Each owner or operator of an affected source subject to this 
subpart must maintain the records specified in paragraphs (a)(1) and (2) 
of this section on a monthly basis in accordance with the requirements 
of Sec. 63.10(b)(1):

[[Page 666]]

    (1) Records specified in Sec. 63.10(b)(2) of all measurements 
needed to demonstrate compliance with this standard as indicated in 
Table 2 to subpart JJJJ of part 63, including:
    (i) Continuous emission monitor data in accordance with the 
requirements of Sec. 63.3350(d);
    (ii) Control device and capture system operating parameter data in 
accordance with the requirements of Sec. 63.3350(c), (e), and (f);
    (iii) Organic HAP content data for the purpose of demonstrating 
compliance in accordance with the requirements of Sec. 63.3360(c);
    (iv) Volatile matter and coating solids content data for the purpose 
of demonstrating compliance in accordance with the requirements of Sec. 
63.3360(d);
    (v) Overall control efficiency determination using capture 
efficiency and control device destruction or removal efficiency test 
results in accordance with the requirements of Sec. 63.3360(e) and (f);
    (vi) Material usage, organic HAP usage, volatile matter usage, and 
coating solids usage and compliance demonstrations using these data in 
accordance with the requirements of Sec. 63.3370(b), (c), and (d); and
    (vii) Emission factor development calculations and HAP content for 
coating materials used to develop the emission factor as needed for 
Sec. 63.3360(g).
    (2) Records specified in Sec. 63.10(c) for each CMS operated by the 
owner or operator in accordance with the requirements of Sec. 
63.3350(b), as indicated in Table 2 to subpart JJJJ of part 63.
    (b) Each owner or operator of an affected source subject to this 
subpart must maintain records of all liquid-liquid material balances 
performed in accordance with the requirements of Sec. 63.3370. The 
records must be maintained in accordance with the applicable 
requirements of Sec. 63.10(b).
    (c) For each deviation from an operating limit occurring at an 
affected source, you must record the following information.
    (1) The total operating time the web coating line(s) controlled by 
the corresponding add-on control device and/or emission capture system 
during the reporting period.
    (2) Date, time, duration, and cause of the deviations.
    (3) If the facility determines by its monthly compliance 
demonstration, in accordance with Sec. 63.3370, as applicable, that the 
source failed to meet an applicable emission limit of this subpart, you 
must record the following for the corresponding affected equipment:
    (i) Record an estimate of the quantity of HAP (or VOC if used a 
surrogate in accordance with Sec. 63.3360(d)) emitted in excess of the 
emission limit for the month, and a description of the method used to 
estimate the emissions.
    (ii) Record actions taken to minimize emissions in accordance with 
Sec. 63.3340(a), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (d) Records of results from the annual catalyst activity test, if 
applicable.
    (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 the EPA as part of an on-site 
compliance evaluation.

[85 FR 41316, July 9, 2020]

                         Delegation of Authority



Sec. 63.3420  What authorities may be delegated to the States?

    (a) In delegating implementation and enforcement authority to a 
state, local, or tribal agency under 40 CFR part 63, subpart E, the 
authorities contained in paragraph (b) of this section must be retained 
by the EPA Administrator and not transferred to a state, local, or 
tribal agency.
    (b) Authority which will not be delegated to state, local, or tribal 
agencies are listed in paragraphs (b)(1) and (2) of this section:
    (1) Approval of alternate test method for organic HAP content 
determination under Sec. 63.3360(c).
    (2) Approval of alternate test method for volatile matter 
determination under Sec. 63.3360(d).

[85 FR 41316, July 9, 2020]

[[Page 667]]



 Sec. Table 1 to Subpart JJJJ of Part 63--Operating Limits if Using Add-
                  On Control Devices and Capture System

    If you are required to comply with operating limits by Sec. 
63.3321, you must comply with the applicable operating limits in the 
following table:

------------------------------------------------------------------------
                                                        And you must
                                You must meet the        demonstrate
  For the following device:    following operating       continuous
                                     limit:            compliance with
                                                    operating limits by:
------------------------------------------------------------------------
1. Thermal oxidizer.........  a. The average        i. Collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall more than    63.3350(e)(10);
                               50 [deg]F below the  ii. Reducing the
                               combustion            data to 3-hour
                               temperature limit     block averages; and
                               established
                               according to Sec.
                               63.3360(e)(3)(i).
                                                    iii. Maintain the 3-
                                                     hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     temperature limit.
2. Catalytic oxidizer.......  a. The average        i. Collecting the
                               temperature at the    catalyst bed inlet
                               inlet to the          temperature data
                               catalyst bed in any   according to Sec.
                               3-hour period must    63.3350(e)(10);
                               not fall more than   ii. Reducing the
                               50 degrees            data to 3-hour
                               Fahrenheit below      block averages; and
                               the combustion       iii. Maintain the 3-
                               temperature limit     hour average
                               established           catalyst bed inlet
                               according to Sec. temperature at or
                               63.3360(e)(3)(ii).    above the
                                                     temperature limit.
                              b. The temperature    i. Collecting the
                               rise across the       catalyst bed inlet
                               catalyst bed must     and outlet
                               not fall below 80     temperature data
                               percent of the        according to Sec.
                               limit established     63.3350(e)(10);
                               according to Sec. ii. Reducing the
                               63.3360(e)(3)(ii),    data to 3-hour
                               provided that the     block averages; and
                               minimum temperature  iii. Maintain the 3-
                               is always 50          hour average
                               degrees Fahrenheit    temperature rise
                               above the             across the catalyst
                               catalyst's ignition   bed at or above the
                               temperature.          limit, and maintain
                                                     the minimum
                                                     temperature at
                                                     least 50 degrees
                                                     Fahrenheit above
                                                     the catalyst's
                                                     ignition
                                                     temperature
3. Emission capture system..  Submit monitoring     Conduct monitoring
                               plan to the           according to the
                               Administrator that    plan (Sec.
                               identifies            63.3350(f)(3)).
                               operating
                               parameters to be
                               monitored according
                               to Sec.
                               63.3350(f).
------------------------------------------------------------------------


[85 FR 41316, July 9, 2020]



Sec. Table 2 to Subpart JJJJ of Part 63--Applicability of 40 CFR Part 63 
                   General Provisions to Subpart JJJJ

    You must comply with the applicable General Provisions requirements 
according to the following table:

------------------------------------------------------------------------
                                  Applicable to
 General provisions reference      subpart JJJJ         Explanation
------------------------------------------------------------------------
Sec. 63.1(a)(1)-(4).........  Yes..............
Sec. 63.1(a)(5).............  No...............  Reserved.
Sec. 63.1(a)(6)-(8).........  Yes..............
Sec. 63.1(a)(9).............  No...............  Reserved.
Sec. 63.1(a)(10)-(14).......  Yes..............
Sec. 63.1(b)(1).............  No...............  Subpart JJJJ
                                                    specifies
                                                    applicability.
Sec. 63.1(b)(2)-(3).........  Yes..............
Sec. 63.1(c)(1).............  Yes..............
Sec. 63.1(c)(2).............  No...............  Area sources are not
                                                    subject to emission
                                                    standards of subpart
                                                    JJJJ.
Sec. 63.1(c)(3).............  No...............  Reserved.
Sec. 63.1(c)(4).............  Yes..............
Sec. 63.1(c)(5).............  Yes..............
Sec. 63.1(c)(6).............  Yes..............
Sec. 63.1(d)................  No...............  Reserved.
Sec. 63.1(e)................  Yes..............
Sec. 63.2...................  Yes..............  Additional
                                                    definitions in
                                                    subpart JJJJ.
Sec. 63.3(a)-(c)............  Yes..............
Sec. 63.4(a)(1)-(3).........  Yes..............
Sec. 63.4(a)(4).............  No...............  Reserved.
Sec. 63.4(a)(5).............  Yes..............
Sec. 63.4(b)-(c)............  Yes..............
Sec. 63.5(a)(1)-(2).........  Yes..............
Sec. 63.5(b)(1).............  Yes..............
Sec. 63.5(b)(2).............  No...............  Reserved.
Sec. 63.5(b)(3)-(6).........  Yes..............
Sec. 63.5(c)................  No...............  Reserved.
Sec. 63.5(d)................  Yes..............
Sec. 63.5(e)................  Yes..............
Sec. 63.5(f)................  Yes..............

[[Page 668]]

 
Sec. 63.6(a)................  Yes..............  Applies only when
                                                    capture and control
                                                    system is used to
                                                    comply with the
                                                    standard.
Sec. 63.6(b)(1)-(5).........  No...............  Sec. 63.3330
                                                    specifies compliance
                                                    dates.
Sec. 63.6(b)(6).............  No...............  Reserved.
Sec. 63.6(b)(7).............  Yes..............
Sec. 63.6(c)(1)-(2).........  Yes..............
Sec. 63.6(c)(3)-(4).........  No...............  Reserved.
Sec. 63.6(c)(5).............  Yes..............
Sec. 63.6(d)................  No...............  Reserved.
Sec. 63.6(e)(1)(i)..........  Depends, see       No, for new or
                                 explanation.       reconstructed
                                                    sources which
                                                    commenced
                                                    construction or
                                                    reconstruction after
                                                    September 19, 2019,
                                                    see Sec.
                                                    63.3340(a) for
                                                    generalduty
                                                    requirement. Yes,
                                                    for all other
                                                    affected sources
                                                    before July 9, 2021,
                                                    and No thereafter,
                                                    see Sec.
                                                    63.3340(a) for
                                                    general duty
                                                    requirement.
Sec. 63.6(e)(1)(ii).........  Depends, see       No, for new or
                                 explanation.       reconstructed
                                                    sources which
                                                    commenced
                                                    construction or
                                                    reconstruction after
                                                    September 19, 2019.
                                                    Yes, for all other
                                                    affected sources
                                                    before July 9, 2021,
                                                    and No thereafter.
Sec. 63.6(e)(1)(iii)........  Yes..............
Sec. 63.6(e)(2).............  No...............  Reserved.
Sec. 63.6(e)(3).............  Depends, see       No, for new or
                                 explanation.       reconstructed
                                                    sources which
                                                    commenced
                                                    construction or
                                                    reconstruction after
                                                    September 19, 2019.
                                                    Yes, for all other
                                                    affected sources
                                                    before July 9, 2021,
                                                    and No thereafter.
Sec. 63.6(f)(1).............  Depends, see       No, for new or
                                 explanation.       reconstructed
                                                    sources which
                                                    commenced
                                                    construction or
                                                    reconstruction after
                                                    September 19, 2019.
                                                    Yes, for all other
                                                    affected sources
                                                    before July 9, 2021,
                                                    and No thereafter.
Sec. 63.6(f)(2)-(3).........  Yes..............
Sec. 63.6(g)................  Yes..............
Sec. 63.6(h)................  No...............  Subpart JJJJ does not
                                                    require continuous
                                                    opacity monitoring
                                                    systems (COMS).
Sec. 63.6(i)(1)-(14)........  Yes..............
Sec. 63.6(i)(15)............  No...............  Reserved.
Sec. 63.6(i)(16)............  Yes..............
Sec. 63.6(j)................  Yes..............
Sec. 63.7(a)-(d)............  Yes..............
Sec. 63.7(e)(1).............  No...............  See Sec.
                                                    63.3360(e)(2).
Sec. 63.7(e)(2)-(3).........  Yes..............
Sec. 63.7(f)-(h)............  Yes..............
Sec. 63.8(a)(1)-(2).........  Yes..............
Sec. 63.8(a)(3).............  No...............  Reserved.
Sec. 63.8(a)(4).............  No...............  Subpart JJJJ does not
                                                    have monitoring
                                                    requirements for
                                                    flares.
Sec. 63.8(b)................  Yes..............
Sec. 63.8(c)(1) and Sec. Depends, see       No, for new or
 63.8(c)(1)(i).                  explanation.       reconstructed
                                                    sources which
                                                    commenced
                                                    construction or
                                                    reconstruction after
                                                    September 19, 2019,
                                                    see Sec.
                                                    63.3340(a) for
                                                    generalduty
                                                    requirement. Yes,
                                                    for all other
                                                    affected sources
                                                    before July 9, 2021,
                                                    and No thereafter,
                                                    see Sec.
                                                    63.3340(a) for
                                                    general duty
                                                    requirement.
Sec. 63.8(c)(1)(ii).........  Yes..............  Sec. 63.8(c)(1)(ii)
                                                    only applies if you
                                                    use capture and
                                                    control systems.
Sec. 63.8(c)(1)(iii)........  Depends, see       No, for new or
                                 explanation.       reconstructed
                                                    sources which
                                                    commenced
                                                    construction or
                                                    reconstruction after
                                                    September 19, 2019.
                                                    Yes, for all other
                                                    affected sources
                                                    beforeJuly 9, 2021,
                                                    and No thereafter.
Sec. 63.8(c)(2)-(3).........  Yes..............  See Sec.
                                                    63.3350(e)(10)(iv)
                                                    for temperature
                                                    sensor validation
                                                    procedures
Sec. 63.8(c)(4).............  No...............  Sec. 63.3350
                                                    specifies the
                                                    requirements for the
                                                    operation of CMS for
                                                    capture systems and
                                                    add-on control
                                                    devices at sources
                                                    using these to
                                                    comply.
Sec. 63.8(c)(5).............  No...............  Subpart JJJJ does not
                                                    require COMS.
Sec. 63.8(c)(6)-(8).........  Yes..............  Provisions for COMS
                                                    are not applicable.
Sec. 63.8(d)(1)-(2).........  Yes..............  Refer to Sec.
                                                    63.3350(e)(5) for
                                                    CPMS quality control
                                                    procedures to be
                                                    included in the
                                                    quality control
                                                    program.
Sec. 63.8(d)(3).............  No...............  Sec. 63.3350(e)(5)
                                                    specifies the
                                                    program of
                                                    corrective action.
Sec. 63.8(e)-(f)............  Yes..............  Sec. 63.8(e)(2)
                                                    does not apply to
                                                    CPMS. Sec.
                                                    63.8(f)(6) only
                                                    applies if you use
                                                    CEMS.
Sec. 63.8(g)................  Yes..............  Only applies if you
                                                    use CEMS.
Sec. 63.9(a)................  Yes..............
Sec. 63.9(b)(1).............  Yes..............
Sec. 63.9(b)(2).............  Yes..............  Except Sec.
                                                    63.3400(b)(1)
                                                    requires submittal
                                                    of initial
                                                    notification for
                                                    existing affected
                                                    sources no later
                                                    than 1 year before
                                                    compliance date.

[[Page 669]]

 
Sec. 63.9(b)(3)-(5).........  Yes..............
Sec. 63.9(c)-(e)............  Yes..............
Sec. 63.9(f)................  No...............  Subpart JJJJ does not
                                                    require opacity and
                                                    visible emissions
                                                    observations.
Sec. 63.9(g)................  Yes..............  Provisions for COMS
                                                    are not applicable.
Sec. 63.9(h)(1)-(3).........  Yes..............
Sec. 63.9(h)(4).............  No...............  Reserved.
Sec. 63.9(h)(5)-(6).........  Yes..............
Sec. 63.9(i)................  Yes..............
Sec. 63.9(j)................  Yes..............
Sec. 63.9(k)................  Yes..............  Only as specified in
                                                    Sec. 63.9(j).
Sec. 63.10(a)...............  Yes..............
Sec. 63.10(b)(1)............  Yes..............
Sec. 63.10(b)(2)(i).........  Depends, see       No, for new or
                                 explanation.       reconstructed
                                                    sources which
                                                    commenced
                                                    construction or
                                                    reconstruction after
                                                    September 19, 2019.
                                                    Yes, for all other
                                                    affected sources
                                                    beforeJuly 9, 2021,
                                                    and No thereafter.
Sec. 63.10(b)(2)(ii)........  No...............  See Sec. 63.3410
                                                    for recordkeeping of
                                                    relevant
                                                    information.
Sec. 63.10(b)(2)(iii).......  Yes..............  Sec.
                                                    63.10(b)(2)(iii)
                                                    only applies if you
                                                    use a capture and
                                                    control system.
Sec. 63.10(b)(2)(iv)-(v)....  Depends, see       No, for new or
                                 explanation.       reconstructed
                                                    sources which
                                                    commenced
                                                    construction or
                                                    reconstruction after
                                                    September 19, 2019.
                                                    Yes, for all other
                                                    affected sources
                                                    beforeJuly 9, 2021,
                                                    and No thereafter.
Sec. 63.10(b)(2)(vi)-(xiv)..  Yes..............
Sec. 63.10(b)(3)............  Yes..............
Sec. 63.10(c)(1)............  Yes..............
Sec. 63.10(c)(2)-(4)........  No...............  Reserved.
Sec. 63.10(c)(5)-(8)........  Yes..............
Sec. 63.10(c)(9)............  No...............  Reserved.
Sec. 63.10(c)(10)-(14)......  Yes..............
Sec. 63.10(c)(15)...........  Depends, see       No, for new or
                                 explanation.       reconstructed
                                                    sources which
                                                    commenced
                                                    construction or
                                                    reconstruction after
                                                    September 19, 2019.
                                                    Yes, for all other
                                                    affected sources
                                                    beforeJuly 9, 2021,
                                                    and No thereafter.
Sec. 63.10(d)(1)-(2)........  Yes..............
Sec. 63.10(d)(3)............  No...............  Subpart JJJJ does not
                                                    require opacity and
                                                    visible emissions
                                                    observations.
Sec. 63.10(d)(4)............  Yes..............
Sec. 63.10(d)(5)(i).........  Depends, see       No, for new or
                                 explanation.       reconstructed
                                                    sources which
                                                    commenced
                                                    construction or
                                                    reconstruction after
                                                    September 19, 2019.
                                                    Yes, for all other
                                                    affected sources
                                                    beforeJuly 9, 2021,
                                                    and No thereafter.
                                                    See Sec.
                                                    63.3400(c) for
                                                    malfunction
                                                    reporting
                                                    requirements.
Sec. 63.10(d)(5)(ii)........  Depends, see       No, for new or
                                 explanation.       reconstructed
                                                    sources which
                                                    commenced
                                                    construction or
                                                    reconstruction after
                                                    September 19, 2019.
                                                    Yes, for all other
                                                    affected sources
                                                    before July 9, 2021,
                                                    and No thereafter.
                                                    See Sec.
                                                    63.3400(c) for
                                                    malfunction
                                                    reporting
                                                    requirements.
Sec. 63.10(e)(1)-(2)........  Yes..............  Provisions for COMS
                                                    are not applicable.
Sec. 63.10(e)(3)-(4)........  No...............  Subpart JJJJ does not
                                                    require opacity and
                                                    visible emissions
                                                    observations.
Sec. 63.10(f)...............  Yes..............
Sec. 63.11..................  No...............  Subpart JJJJ does not
                                                    specify use of
                                                    flares for
                                                    compliance.
Sec. 63.12..................  Yes..............
Sec. 63.13..................  Yes..............
Sec. 63.14..................  Yes..............  Subpart JJJJ includes
                                                    provisions for
                                                    alternative ASME and
                                                    ASTM test methods
                                                    that are
                                                    incorporated by
                                                    reference.
Sec. 63.15..................  Yes..............
Sec. 63.16..................  Yes..............
------------------------------------------------------------------------


[85 FR 41317, July 9, 2020, as amended at 85 FR 73905, Nov. 19, 2020]

[[Page 670]]



 Subpart KKKK_National Emission Standards for Hazardous Air Pollutants: 
                      Surface Coating of Metal Cans

    Source: 68 FR 64446, Nov. 13, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.3480  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for metal can surface coating facilities. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations.



Sec. 63.3481  Am I subject to this subpart?

    (a) Except as provided in paragraph (c) of this section, the source 
category to which this subpart applies is surface coating of metal cans 
and ends (including decorative tins) and metal crowns and closures. It 
includes the subcategories listed in paragraphs (a)(1) through (4) of 
this section. Surface coating is the application of coatings to a 
substrate using, for example, spray guns or dip tanks.
    (1) One- and two-piece draw and iron can body coating. The one- and 
two-piece draw and iron can body coating subcategory includes all 
coating processes involved in the manufacture of can bodies by the draw 
and iron process. This subcategory includes three distinct coating type 
segments reflecting the coatings appropriate for cans with different end 
uses. Those are two-piece beverage can body coatings, two-piece food can 
body coatings, and one-piece aerosol can body coatings.
    (2) Sheetcoating. The sheetcoating subcategory includes all of the 
flat metal sheetcoating operations associated with the manufacture of 
three-piece cans, decorative tins, crowns, and closures.
    (3) Three-piece can body assembly coating. The three-piece can body 
assembly coating subcategory includes all of the coating processes 
involved in the assembly of three-piece metal can bodies. The 
subcategory includes five distinct coating type segments reflecting the 
coatings appropriate for cans with different end uses. Those are inside 
spray on food cans, aseptic side seam stripes on food cans, nonaseptic 
side seam stripes on food cans, side seam stripes on general line 
nonfood cans, and side seam stripes on aerosol nonfood cans.
    (4) End coating. The end coating subcategory includes the 
application of end seal compounds and repair spray coatings to metal can 
ends. This subcategory includes three distinct coating type segments 
reflecting the end seal compounds and repair sprays appropriate for can 
ends with different end uses. Those are aseptic end seal compounds, 
nonaseptic end seal compounds, and repair spray coatings.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec. 63.3482, 
that uses 5,700 liters (1,500 gallons (gal)) per year, or more, of 
coatings in the source category defined in paragraph (a) of this section 
and that is a major source, is located at a major source, or is part of 
a major source of emissions of hazardous air pollutants (HAP). 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, any single HAP 
at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any 
combination of HAP at a rate of 22.68 Mg (25 tons) or more per year.
    (c) This subpart does not apply to surface coating that meets the 
criteria of paragraphs (c)(1) through (5) of this section.
    (1) Surface coating conducted at a source that uses only coatings, 
thinners, and cleaning materials that contain no organic HAP, as 
determined according to Sec. 63.3521(a).
    (2) Surface coating subject to any other NESHAP in this part as of 
November 13, 2003.
    (3) Surface coating and cleaning activities that use research or 
laboratory equipment or that are part of janitorial, building, and 
facility maintenance operations.
    (4) Surface coating of continuous metal coil that may subsequently 
be used in manufacturing cans. Subpart

[[Page 671]]

SSSS of this part covers surface coating performed on a continuous metal 
coil substrate.
    (5) Surface coating of metal pails, buckets, and drums. Subpart MMMM 
of this part covers surface coating of all miscellaneous metal parts and 
products not explicitly covered by another subpart.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 
FR 10847, Feb. 25, 2020]



Sec. 63.3482  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source.
    (b) The affected source is the collection of all of the items listed 
in paragraphs (b)(1) through (4) of this section that are used for 
surface coating of metal cans and ends (including decorative tins), or 
metal crowns or closures:
    (1) All coating operations as defined in Sec. 63.3561;
    (2) All storage containers and mixing vessels in which coatings, 
thinners, and cleaning materials are stored or mixed;
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners, and cleaning materials; and
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a coating 
operation.
    (c) An affected source is a new affected source if you commenced its 
construction after January 15, 2003 by installing new coating equipment. 
New coating equipment is equipment used to perform metal can surface 
coating at a facility where no metal can surface coating was previously 
performed and the construction is of a completely new metal can surface 
coating source where previously no metal can surface coating source had 
existed.
    (d) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.



Sec. 63.3483  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source is 
specified in paragraphs (a) through (c) of this section. The compliance 
date begins the initial compliance period during which you conduct the 
initial compliance demonstration described in Sec. Sec. 63.3520, 
63.3530, 63.3540, and 63.3550.
    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section.
    (1) If the initial startup of your new or reconstructed affected 
source is before November 13, 2003, the compliance date is November 13, 
2003.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after November 13, 2003, the compliance date is the date 
of initial startup of your affected source.
    (b) For an existing affected source, the compliance date is November 
13, 2006.
    (c) For an area source that increases its emissions or its potential 
to emit such that it becomes a major source of HAP emissions, the 
compliance date is specified in paragraphs (c)(1) and (2) of this 
section.
    (1) For any portion of the source that becomes a new or 
reconstructed affected source subject to this subpart, the compliance 
date is the date of initial startup of the affected source or November 
13, 2003 whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or November 13, 2006, 
whichever is later.
    (d) You must meet the notification requirements in Sec. 63.3510 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

[[Page 672]]

                          Emission Limitations



Sec. 63.3490  What emission limits must I meet?

    (a) For a new or reconstructed affected source, you must limit 
organic HAP emissions to the atmosphere to no more than the emission 
limit(s) in Table 1 to this subpart that apply to you during each 12-
month compliance period, determined according to the requirements in 
Sec. 63.3521, Sec. 63.3531, or Sec. 63.3541; or if you control 
emissions with an emissions control system using the control efficiency/
outlet concentration option as specified in Sec. 63.3491(d), you must 
reduce organic HAP emissions to the atmosphere to no more than the 
limit(s) in Table 3 to this subpart, determined according to the 
requirements of Sec. 63.3551. If you perform surface coating in more 
than one subcategory or utilize more than one coating type within a 
subcategory, then you must meet the individual emission limit(s) for 
each subcategory and coating type included.
    (b) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere to no more than the emission limit(s) in 
Table 2 to this subpart that apply to you during each 12-month 
compliance period, determined according to the requirements in Sec. 
63.3521, Sec. 63.3531, or Sec. 63.3541; or if you control emissions 
with an emissions control system using the control efficiency/outlet 
concentration option as specified in Sec. 63.3491(d), you must reduce 
organic HAP emissions to the atmosphere to no more than the limit(s) in 
Table 3 to this subpart, determined according to the requirements of 
Sec. 63.3551. If you perform surface coating in more than one 
subcategory or utilize more than one coating type within a subcategory, 
then you must meet the individual emission limit(s) for each subcategory 
and coating type included.
    (c) If you perform surface coating in different subcategories as 
described in Sec. 63.3481(a)(1) through (4), then the coating 
operations in each subcategory constitute a separate affected source, 
and you must conduct separate compliance demonstrations for each 
applicable subcategory and coating type emission limit in paragraphs (a) 
and (b) of this section and reflect those separate determinations in 
notifications, reports, and records required by Sec. Sec. 63.3510, 
63.3511, and 63.3512, respectively.



Sec. 63.3491  What are my options for meeting the emission limits?

    You must include all coatings and thinners used in all surface 
coating operations within a subcategory or coating type segment when 
determining whether the organic HAP emission rate is equal to or less 
than the applicable emission limit in Sec. 63.3490. To make that 
determination, you must use at least one of the four compliance options 
listed in paragraphs (a) through (d) of this section. You may apply any 
of the compliance options to an individual coating operation or to 
multiple coating operations within a subcategory or coating type segment 
as a group. You may use different compliance options for different 
coating operations or at different times on the same coating operation. 
However, you may not use different compliance options at the same time 
on the same coating operation. If you switch between compliance options 
for any coating operation or group of coating operations, you must 
document that switch as required by Sec. 63.3512(c), and you must 
report it in the next semiannual compliance report required in Sec. 
63.3511.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation(s) is less than or 
equal to the applicable emission limit in Sec. 63.3490, and that each 
thinner used contains no organic HAP. You must meet all the requirements 
of Sec. Sec. 63.3520, 63.3521, and 63.3522 to demonstrate compliance 
with the emission limit using this option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings and thinners used in the coating operation(s), the 
organic HAP emission rate for the coating operation(s) is less than or 
equal to the applicable emission limit in Sec. 63.3490, calculated as a 
rolling 12-month emission rate and determined on a monthly basis. You 
must meet all the requirements of Sec. Sec. 63.3530, 63.3531, and 
63.3532 to demonstrate compliance with the emission limit using this 
option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on the

[[Page 673]]

coatings and thinners used in the coating operation(s) and the emission 
reductions achieved by emission capture systems and add-on controls, the 
organic HAP emission rate for the coating operation(s) is less than or 
equal to the applicable emission limit in Sec. 63.3490, calculated as a 
rolling 12-month emission rate and determined on a monthly basis. If you 
use this compliance option, you must also demonstrate that all emission 
capture systems and add-on control devices for the coating operation(s) 
used for purposes of complying with this subpart meet the operating 
limits required in Sec. 63.3492, except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to Sec. 
63.3541(i), and that you meet the work practice standards required in 
Sec. 63.3493. You must meet all the requirements of Sec. Sec. 63.3540 
through 63.3547 to demonstrate compliance with the emission limits, 
operating limits, and work practice standards using this option.
    (d) Control efficiency/outlet concentration option. Demonstrate 
that, based on the emission reductions achieved by emission capture 
systems and add-on controls, total HAP emissions measured as total 
hydrocarbon (THC) are reduced by 95 percent or greater for existing 
sources, or 97 percent or greater for new or reconstructed sources, or 
that outlet THC emissions are less than or equal to 20 parts per million 
by volume, dry basis (ppmvd). If you use this compliance option, you 
must have a capture device that meets EPA Method 204 of 40 CFR part 51, 
appendix M criteria for a permanent total enclosure (PTE). You must also 
demonstrate that all emission capture systems and add-on control devices 
for the coating operation(s) used for purposes of complying with this 
subpart meet the operating limits required in Sec. 63.3492, and that 
you meet the work practice standards required in Sec. 63.3493. You must 
meet all the requirements of Sec. Sec. 63.3550 through 63.3557 to 
demonstrate compliance with the emission limits, operating limits, and 
work practice standards using this option.



Sec. 63.3492  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, you 
are not required to meet any operating limits.
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option or the control efficiency/
outlet concentration option, except those for which you use a solvent 
recovery system and conduct a liquid-liquid material balance according 
to Sec. 63.3541(i), you must meet the operating limits specified in 
Table 4 to this subpart. Those operating limits apply to the emission 
capture and control systems for the coating operation(s) used for 
purposes of complying with this subpart. You must establish the 
operating limits during the performance tests required in Sec. 63.3540 
or Sec. 63.3550 according to the requirements in Sec. 63.3546 or Sec. 
63.3556. You must meet the operating limits established during the most 
recent performance tests required in Sec. 63.3540 or Sec. 63.3550 at 
all times after they have been established during the performance test.
    (c) If you use an add-on control device other than those listed in 
Table 4 to this subpart or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 
FR 10847, Feb. 25, 2020]



Sec. 63.3493  What work practice standards must I meet?

    (a) For any coating operation(s) for which you use the compliant 
material option or the emission rate without add-on controls option, you 
are not required to meet any work practice standards.
    (b) If you use the emission rate with add-on controls option or the 
control efficiency/outlet concentration option to comply with the 
emission limitations, you must develop and implement a work practice 
plan to minimize organic HAP emissions from the storage, mixing, and 
conveying of coatings, thinners, and cleaning materials used

[[Page 674]]

in, and waste materials generated by, the coating operation(s) for which 
you use those options; or you must meet an alternative standard as 
provided in paragraph (c) of this section. The plan must specify 
practices and procedures to ensure that, at a minimum, the elements 
specified in paragraphs (b)(1) through (5) of this section are 
implemented.
    (1) All organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be stored in closed containers.
    (2) Spills of organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners, cleaning materials, 
and waste materials must be conveyed from one location to another in 
closed containers or pipes.
    (4) Mixing vessels which contain organic-HAP-containing coatings and 
other materials must be closed except when adding to, removing, or 
mixing the contents.
    (5) Emissions of organic HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) As provided in Sec. 63.6(g), we, the U.S. Environmental 
Protection Agency (U.S. EPA), may choose to grant you permission to use 
an alternative to the work practice standards in this section.

                     General Compliance Requirements



Sec. 63.3500  What are my general requirements for complying with this subpart?

    (a) You must be in compliance with the emission limitations in this 
subpart as specified in paragraphs (a)(1) and (2) of this section.
    (1) Any coating operation(s) for which you use the compliant 
material option or the emission rate without add-on controls option, as 
specified in Sec. 63.3491(a) and (b), must be in compliance with the 
applicable emission limit in Sec. 63.3490 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec. 63.3491(c), or the 
control efficiency/outlet concentration option, as specified in Sec. 
63.3491(d), must be in compliance with the emission limitations as 
specified in paragraphs (a)(2)(i) through (iii) of this section.
    (i) The coating operation(s) must be in compliance with the 
applicable emission limit in Sec. 63.3490 at all times.
    (ii) The coating operation(s) must be in compliance with the 
operating limits for emission capture systems and add-on control devices 
required by Sec. 63.3492 at all times, except for those for which you 
use a solvent recovery system and conduct liquid-liquid material 
balances according to Sec. 63.3541(i). The operating limits apply only 
to capture systems and control devices used for purposes of complying 
with this subpart.
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec. 63.3493 at all times.
    (b) Before August 24, 2020, you must always operate and maintain 
your affected source, including all air pollution control and monitoring 
equipment you use for purposes of complying with this subpart, according 
to the provisions in Sec. 63.6(e)(1)(i). On and after August 24, 2020, 
at all times, the owner or operator must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. The general 
duty to minimize emissions does not require the owner or operator to 
make any further efforts to reduce emissions if levels required by the 
applicable standard have been achieved. Determination of whether a 
source is operating in compliance with operation and maintenance 
requirements will be based on information available to the Administrator 
that may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the affected source.
    (c) Before August 24, 2020, if your affected source uses an emission 
capture system and add-on control device for purposes of complying with 
this subpart, you must develop a written startup, shutdown, and 
malfunction plan (SSMP) according to the provisions in

[[Page 675]]

Sec. 63.6(e)(3). The plan must address startup, shutdown, and 
corrective actions in the event of a malfunction of the emission capture 
system or the add-on control device. The plan must also address any 
coating operation equipment that may cause increased emissions or that 
would affect capture efficiency if the process equipment malfunctions, 
such as conveyors that move parts among enclosures. On and after August 
24, 2020, the SSMP is not required.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 20464, Apr. 20, 2006; 
85 FR 10847, Feb. 25, 2020]



Sec. 63.3501  What parts of the General Provisions apply to me?

    Table 5 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.

                   Notifications, Reports, and Records



Sec. 63.3510  What notifications must I submit?

    (a) General. You must submit the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you 
by the dates specified in those sections, except as provided in 
paragraphs (b) and (c) of this section.
    (b) Initial notification. You must submit the Initial Notification 
required by Sec. 63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, no later than 120 days after 
the source becomes subject to this subpart, or 120 days after November 
13, 2003, whichever is later. For an existing affected source, you must 
submit the Initial Notification no later than November 13, 2004, or no 
later than 120 days after the source becomes subject to this subpart, 
whichever is later.
    (c) Notification of compliance status. You must submit the 
Notification of Compliance Status required by Sec. 63.9(h) no later 
than 30 calendar days following the end of the initial compliance period 
described in Sec. 63.3520, Sec. 63.3530, Sec. 63.3540, or Sec. 
63.3550 that applies to your affected source. The Notification of 
Compliance Status must contain the information specified in paragraphs 
(c)(1) through (9) of this section and in Sec. 63.9(h).
    (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 the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec. 63.3520, Sec. 63.3530, Sec. 63.3540, or Sec. 
63.3550 that applies to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec. 63.3491 that you used on each coating operation in the affected 
source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in Sec. 
63.3490, include all the calculations you used to determine the kilogram 
(kg) organic HAP emitted per liter of coating solids used. You do not 
need to submit information provided by the materials suppliers or 
manufacturers or test reports.
    (7) For each of the data items listed in paragraphs (c)(7)(i) 
through (iv) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data can include a copy of 
the information provided by the supplier or manufacturer of the example 
coating or material or a summary of the results of testing conducted 
according to Sec. 63.3521(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating and for one 
thinner.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating and one thinner, except that if you 
use the compliant material option, only the example coating density is 
required.
    (iv) The amount of waste materials and the mass of organic HAP 
contained in the waste materials for which you

[[Page 676]]

are claiming an allowance in Equation 1 of Sec. 63.3531.
    (8) The calculation of kg organic HAP emitted per liter of coating 
solids used for the compliance option(s) you used, as specified in 
paragraphs (c)(8)(i) through (iii) of this section.
    (i) For the compliant material option, provide an example 
calculation of the organic HAP content for one coating, using Equation 1 
of Sec. 63.3521.
    (ii) For the emission rate without add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for each 
month, the calculation of the total volume of coating solids used each 
month, and the calculation of the 12-month organic HAP emission rate, 
using Equations 1, 1A, 1B, 2, and 3, respectively, of Sec. 63.3531, or 
Equation 4 of Sec. 63.3531, if applicable.
    (iii) For the emission rate with add-on controls option, provide the 
calculation of the total mass of organic HAP emissions for the coatings 
and thinners used each month, using Equations 1, 1A, and 1B of Sec. 
63.3531; the calculation of the total volume of coating solids used each 
month, using Equation 2 of Sec. 63.3531; the calculation of the mass of 
organic HAP emission reduction each month by emission capture systems 
and add-on control devices, using Equations 1 and 1A through 1C of Sec. 
63.3541, and Equations 2, 3, 3A, and 3B of Sec. 63.3541, as applicable; 
the calculation of the total mass of organic HAP emissions each month, 
using Equation 4 of Sec. 63.3541, as applicable; and the calculation of 
the 12-month organic HAP emission rate, using the applicable equation, 
Equation 5 of Sec. 63.3541 or Equation 4 of Sec. 63.3531.
    (9) For the emission rate with add-on controls option or the control 
efficiency/outlet concentration option, you must include the information 
specified in paragraphs (c)(9)(i) through (iv) of this section. The 
requirements in paragraphs (c)(9)(i) through (iii) of this section do 
not apply to solvent recovery systems for which you conduct liquid-
liquid material balances according to Sec. 63.3541(i).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a PTE or a measurement of the emission 
capture system efficiency. Include a description of the protocol 
followed for measuring capture efficiency, summaries of any capture 
efficiency tests conducted, and any calculations supporting the capture 
efficiency determination. If you use the data quality objective (DQO) or 
lower confidence limit (LCL) approach, you must also include the 
statistical calculations to show you meet the DQO or LCL criteria in 
appendix A to subpart KK of this part. You do not need to submit 
complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented the 
work practice plan required by Sec. 63.3493.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 
FR 73905, Nov. 19, 2020]



Sec. 63.3511  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (7) of this section. The 
semiannual compliance reporting requirements may be satisfied by reports 
required under other parts of the Clean Air Act (CAA), as specified in 
paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved a different 
schedule for submission of reports under Sec. 63.10(a), you must 
prepare and submit each semiannual compliance report according to the 
dates specified in paragraphs (a)(1)(i) through (iv) of this section. 
Note that the information reported for each of the months in the 
reporting period will be based on the last 12 months of data prior to 
the date of each monthly calculation.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec. 63.3520, Sec. 63.3530, 
Sec. 63.3540, or Sec. 63.3550 that applies to your affected source and 
ends on June 30 or

[[Page 677]]

December 31, whichever occurs first following the end of the initial 
compliance period.
    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 or 
the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual 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.
    (iv) 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 date specified in paragraph (a)(1)(iii) of this section.
    (2) Inclusion with title V report. 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 semiannual 
compliance report pursuant to this section 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 semiannual compliance report 
includes all required information concerning deviations from any 
emission limitation in this subpart, its submission will be deemed to 
satisfy any obligation to report the same deviations in the semiannual 
monitoring report. However, submission of a semiannual compliance report 
shall not otherwise affect any obligation the affected source may have 
to report deviations from permit requirements to the permitting 
authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (v) of 
this section and the information specified in paragraphs (a)(4) through 
(7) and (c)(1) of this section that is applicable to your affected 
source.
    (i) Company name and address.
    (ii) 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.
    (iii) Date of report and beginning and ending dates of the reporting 
period. The reporting period is the 6-month period ending on June 30 or 
December 31. Note that the information reported for each of the 6 months 
in the reporting period will be based on the last 12 months of data 
prior to the date of each monthly calculation.
    (iv) Identification of the compliance option or options specified in 
Sec. 63.3491 that you used on each coating operation during the 
reporting period. If you switched between compliance options during the 
reporting period, you must report the beginning and ending dates you 
used each option.
    (v) If you used the emission rate without add-on controls or the 
emission rate with add-on controls compliance option (Sec. 63.3491(b) 
or (c)), the calculation results for each rolling 12-month organic HAP 
emission rate during the 6-month reporting period.
    (4) No deviations. If there were no deviations from the emission 
limits, operating limits, or work practice standards in Sec. Sec. 
63.3490, 63.3492, and 63.3493 that apply to you, the semiannual 
compliance report must include a statement that there were no deviations 
from the emission limitations during the reporting period. If you used 
the emission rate with add-on controls option or the control efficiency/
outlet concentration option and there were no periods during which the 
continuous parameter monitoring systems (CPMS) were out of control as 
specified in Sec. 63.8(c)(7), the semiannual compliance report must 
include a statement that there were no periods during which the CPMS 
were out of control during the reporting period.
    (5) Deviations: Compliant material option. If you used the compliant 
material option and there was a deviation from the applicable emission 
limit in

[[Page 678]]

Sec. 63.3490, the semiannual compliance report must contain the 
information in paragraphs (a)(5)(i) through (v) of this section.
    (i) Identification of each coating used that deviated from the 
emission limit, each thinner used that contained organic HAP, and the 
date, time, and duration each was used.
    (ii) The calculation of the organic HAP content (using Equation 1 of 
Sec. 63.3521) for each coating identified in paragraph (a)(5)(i) of 
this section. You do not need to submit background data supporting this 
calculation (e.g., information provided by coating suppliers or 
manufacturers, or test reports).
    (iii) The determination of mass fraction of organic HAP for each 
coating and thinner identified in paragraph (a)(5)(i) of this section. 
You do not need to submit background data supporting this calculation 
(e.g., information provided by material suppliers or manufacturers, or 
test reports).
    (iv) Before August 24, 2020, a statement of the cause of each 
deviation. On and after August 24, 2020, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (v) On and after August 24, 2020, the number of deviations and, for 
each deviation, a list of the affected source or equipment, an estimate 
of the quantity of each regulated pollutant emitted over any applicable 
emission limit in Sec. 63.3490, a description of the method used to 
estimate the emissions, and the actions you took to minimize emissions 
in accordance with Sec. 63.3500(b).
    (6) Deviations: Emission rate without add-on controls option. If you 
used the emission rate without add-on controls option and there was a 
deviation from the applicable emission limit in Sec. 63.3490, the 
semiannual compliance report must contain the information in paragraphs 
(a)(6)(i) through (iv) of this section.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec. 63.3490.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for the compliance period in which the deviation occurred. 
You must provide the calculations for Equations 1, 1A, 1B, 2, and 3 in 
Sec. 63.3531 or Equation 4 in Sec. 63.3531, if applicable; and, if 
applicable, the calculation used to determine mass of organic HAP in 
waste materials according to Sec. 63.3531(e)(3). You do not need to 
submit background data supporting these calculations (e.g., information 
provided by materials suppliers or manufacturers, or test reports).
    (iii) Before August 24, 2020, a statement of the cause of each 
deviation. On and after August 24, 2020, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (iv) On and after August 24, 2020, the number of deviations, date, 
time, duration, a list of the affected source or equipment, an estimate 
of the quantity of each regulated pollutant emitted over any applicable 
emission limit in Sec. 63.3490, a description of the method used to 
estimate the emissions, and the actions you took to minimize emissions 
in accordance with Sec. 63.3500(b).
    (7) Deviations: Emission rate with add-on controls option. If you 
used the emission rate with add-on controls option and there was a 
deviation from the applicable emission limit in Sec. 63.3490 or the 
applicable operating limit(s) in Table 4 to this subpart (including any 
periods when emissions bypassed the add-on control device and were 
diverted to the atmosphere), before August 24, 2020, the semiannual 
compliance report must contain the information in paragraphs (a)(7)(i) 
through (xiv) of this section. That includes periods of startup, 
shutdown, and malfunction during which deviations occurred. On and after 
August 24, 2020, the semiannual compliance report must contain the 
information in paragraphs (a)(7)(i) through (xii), (a)(7)(xiv), and 
(a)(7)(xv) of this section. If you use the emission rate with add-on 
controls option and there was a deviation from the applicable work 
practice standards in Sec. 63.3493(b), the semiannual compliance report 
must contain the information in paragraph (a)(7)(xiii) of this section.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec. 63.3490.

[[Page 679]]

    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for each compliance period in which a deviation occurred. 
You must provide the calculation of the total mass of organic HAP 
emissions for the coatings and thinners used each month, using Equations 
1, 1A, and 1B of Sec. 63.3531 and, if applicable, the calculation used 
to determine mass of organic HAP in waste materials according to Sec. 
63.3531(e)(3); the calculation of the total volume of coating solids 
used each month, using Equation 2 of Sec. 63.3531; the calculation of 
the mass of organic HAP emission reduction each month by emission 
capture systems and add-on control devices, using Equations 1 and 1A 
through 1C of Sec. 63.3541, and Equations 2, 3, 3A, and 3B of Sec. 
63.3541, as applicable; the calculation of the total mass of organic HAP 
emissions each month, using Equation 4 of Sec. 63.3541; and the 
calculation of the 12-month organic HAP emission rate, using Equation 5 
of Sec. 63.3541, or Equation 4 in Sec. 63.3531, if applicable. You do 
not need to submit the background data supporting these calculations 
(e.g., information provided by materials suppliers or manufacturers, or 
test reports).
    (iii) The date and time that each malfunction of the capture system 
or add-on control devices started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) Before August 24, 2020, the date and time that each CPMS was 
inoperative, except for zero (low-level) and high-level checks. On and 
after August 24, 2020, the number of instances that the CPMS was 
inoperative, and for each instance, except for zero (low-level) and 
high-level checks, the date, time, and duration that the CPMS was 
inoperative; the cause (including unknown cause) for the CPMS being 
inoperative; and the actions you took to minimize emissions in 
accordance with Sec. 63.3500(b).
    (vii) Before August 24, 2020, the date, time, and duration that each 
CPMS was out of control, including the information in Sec. 63.8(c)(8). 
On and after August 24, 2020, the number of instances that the CPMS was 
out of control as specified in Sec. 63.8(c)(7) and, for each instance, 
the date, time, and duration that the CPMS was out-of-control; the cause 
(including unknown cause) for the CPMS being out-of-control; and 
descriptions of corrective actions taken.
    (viii) Before August 24, 2020, the date and time period of each 
deviation from an operating limit in Table 4 to this subpart; date and 
time period of any bypass of the add-on control device; and whether each 
deviation occurred during a period of startup, shutdown, or malfunction 
or during another period. On and after August 24, 2020, the number of 
deviations from an operating limit in Table 4 to this subpart and, for 
each deviation, the date, time, and duration of each deviation; the 
date, time, and duration of any bypass of the add-on control device.
    (ix) A summary of the total duration of each deviation from an 
operating limit in Table 4 to this subpart and each bypass of the add-on 
control device during the semiannual reporting period and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) Before August 24, 2020, a breakdown of the total duration of the 
deviations from the operating limits in Table 4 to this subpart and 
bypasses of the add-on control device during the semiannual reporting 
period into those that were due to startup, shutdown, control equipment 
problems, process problems, other known causes, and other unknown 
causes. On and after August 24, 2020, a breakdown of the total duration 
of the deviations from the operating limits in Table 4 to this subpart 
and bypasses of the add-on control device during the semiannual 
reporting period into those that were due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as a 
percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission

[[Page 680]]

capture system, or add-on control device since the last semiannual 
reporting period.
    (xiii) Before August 24, 2020, for each deviation from the work 
practice standards, a description of the deviation; the date, and time 
period of the deviation; and the actions you took to correct the 
deviation. On and after August 24, 2020, for deviations from the work 
practice standards, the number of deviations, and, for each deviation, 
the information in paragraphs (a)(7)(xiii)(A) and (B) of this section:
    (A) A description of the deviation; the date, time, and duration of 
the deviation; and the actions you took to minimize emissions in 
accordance with Sec. 63.3500(b).
    (B) The description required in paragraph (a)(7)(xiii)(A) of this 
section must include a list of the affected sources or equipment for 
which a deviation occurred and the cause of the deviation (including 
unknown cause, if applicable.
    (xiv) Before August 24, 2020, a statement of the cause of each 
deviation. On and after August 24, 2020, for deviations from an emission 
limit in Sec. 63.3490 or an operating limit in Table 4 to this subpart, 
a statement of the cause of each deviation (including unknown cause, if 
applicable) and the actions you took to minimize emissions in accordance 
with Sec. 63.3500(b).
    (xv) On and after August 24, 2020, for each deviation from an 
emission limit in Sec. 63.3490 or operating limit in Table 4 to this 
subpart, a list of the affected sources or equipment for which a 
deviation occurred, an estimate of the quantity of each regulated 
pollutant emitted over any emission limit in Sec. 63.3490 or operating 
limit in Table 4 to this subpart, and a description of the method used 
to estimate the emissions.
    (8) Deviations: control efficiency/outlet concentration option. If 
you used the control efficiency/outlet concentration option, and there 
was a deviation from the applicable emission limit in Sec. 63.3490 or 
the applicable operating limit(s) in Table 4 to this subpart (including 
any periods when emissions bypassed the add-on control device and were 
diverted to the atmosphere), before August 24, 2020, the semiannual 
compliance report must contain the information in paragraphs (a)(8)(i) 
through (xii) of this section. This includes periods of startup, 
shutdown, and malfunction during which deviations occurred. On and after 
August 24, 2020, the semiannual compliance report must specify the 
number of deviations during the compliance period and contain the 
information in paragraphs (a)(8)(i) through (x), (xii), and (xiii) of 
this section. If you use the control efficiency/outlet concentration 
option and there was a deviation from the applicable work practice 
standards in Sec. 63.3493(b), the semiannual compliance report must 
contain the information in paragraph (a)(8)(xi) of this section.
    (i) The date and time that each malfunction of the capture system or 
add-on control devices started and stopped.
    (ii) A brief description of the CPMS.
    (iii) The date of the latest certification or audit of the CPMS.
    (iv) Before August 24, 2020, the date and time that each CPMS was 
inoperative, except for zero (low-level) and high-level checks. On and 
after August 24, 2020, for each instance that the CPMS was inoperative, 
except for zero (low-level) and high-level checks, the date, time, and 
duration that the CPMS was inoperative; the cause (including unknown 
cause) for the CPMS being inoperative; and the actions you took to 
minimize emissions in accordance with Sec. 63.3500(b).
    (v) For each instance that the CPMS was out of control as specified 
in Sec. 63.8(c)(7), the date, time, and duration that the CPMS was out 
of control; the cause (including unknown cause) for the CPMS being out 
of control; and the actions you took to minimize emissions in accordance 
with Sec. 63.3500(b).
    (vi) Before August 24, 2020, the date and time period of each 
deviation from an operating limit in Table 4 to this subpart; date and 
time of any bypass of the add-on control device; and whether each 
deviation occurred during a period of startup, shutdown, or malfunction 
or during another period. On and after August 24, 2020, the date, time, 
and duration of each deviation from an operating limit in Table 4 to 
this subpart; and the date, time, and duration of any bypass of the add-
on control device.
    (vii) A summary of the total duration of each deviation from an 
operating

[[Page 681]]

limit in Table 4 to this subpart and each bypass of the add-on control 
device during the semiannual reporting period and the total duration as 
a percent of the total source operating time during that semiannual 
reporting period.
    (viii) Before August 24, 2020, a breakdown of the total duration of 
the deviations from the operating limits in Table 4 to this subpart and 
bypasses of the add-on control device during the semiannual reporting 
period into those that were due to startup, shutdown, control equipment 
problems, process problems, other known causes, and other unknown 
causes. On and after August 24, 2020, a breakdown of the total duration 
of the deviations from the operating limits in Table 4 to this subpart 
and bypasses of the add-on control device during the semiannual 
reporting period into those that were due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (ix) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as a 
percent of the total source operating time during that semiannual 
reporting period.
    (x) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xi) Before August 24, 2020, for each deviation from the work 
practice standards, a description of the deviation; the date and time 
period of the deviation; and the actions you took to correct the 
deviation. On and after August 24, 2020, for deviations from the work 
practice standards in Sec. 63.3493(b), the number of deviations, and, 
for each deviation, the information in paragraphs (a)(8)(xiii)(A) and 
(B) of this section:
    (A) A description of the deviation; the date, time, and duration of 
the deviation; and the actions you took to minimize emissions in 
accordance with Sec. 63.3500(b).
    (B) The description required in paragraph (a)(8)(xi)(A) of this 
section must include a list of the affected sources or equipment for 
which a deviation occurred and the cause of the deviation (including 
unknown cause, if applicable).
    (xii) Before August 24, 2020, a statement of the cause of each 
deviation. On and after August 24, 2020, for deviations from an emission 
limit in Sec. 63.3490 or operating limit in Table 4 to this subpart, a 
statement of the cause of each deviation (including unknown cause, if 
applicable).
    (xiii) On and after August 24, 2020, for each deviation from an 
emission limit in Sec. 63.3490 or operating limit in Table 4 to this 
subpart, a list of the affected sources or equipment for which a 
deviation occurred, an estimate of the quantity of each regulated 
pollutant emitted over any emission limit in Sec. 63.3490, and a 
description of the method used to estimate the emissions.
    (b) Performance test reports. If you use the emission rate with add-
on controls option or the control efficiency/outlet concentration 
option, you must submit reports of performance test results for emission 
capture systems and add-on control devices no later than 60 days after 
completing the tests as specified in Sec. 63.10(d)(2).
    (c) Startup, shutdown, malfunction reports. Before August 24, 2020, 
if you used the emission rate with add-on controls option or the control 
efficiency/outlet concentration option and you had a startup, shutdown, 
or malfunction during the semiannual reporting period, you must submit 
the reports specified in paragraphs (c)(1) and (2) of this section. On 
and after August 24, 2020, the reports specified in paragraphs (c)(1) 
and (2) of this section are not required.
    (1) If your actions were consistent with your SSMP, you must include 
the information specified in Sec. 63.10(d) in the semiannual compliance 
report required by paragraph (a) of this section.
    (2) If your actions were not consistent with your SSMP, you must 
submit an immediate startup, shutdown, and malfunction report as 
described in paragraphs (c)(2)(i) and (ii) of this section.
    (i) You must describe the actions taken during the event in a report 
delivered by facsimile, telephone, or other means to the Administrator 
within 2 working days after starting

[[Page 682]]

actions that are inconsistent with the SSMP.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec. 
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec. 63.10(d)(5)(ii).
    (d) On and after August 24, 2020, you must submit the results of the 
performance test required in Sec. Sec. 63.3540 and 63.3550 following 
the procedure specified in paragraphs (d)(1) through (3) 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). The CEDRI interface 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.
    (2) For 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, you must submit the results of the performance test in portable 
document format (PDF) using the attachment module of the ERT.
    (3) If you claim that some of the performance test information being 
submitted under paragraph (d)(1) of this section 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 medium to the EPA. The 
electronic medium 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 in paragraph (c)(1) of this section.
    (e) On and after August 24, 2020, the owner or operator shall submit 
the initial notifications required in Sec. 63.9(b) and the notification 
of compliance status required in Sec. Sec. 63.9(h) and 63.3510(c) to 
the EPA via the CEDRI. The CEDRI interface can be accessed through the 
EPA's CDX (https://cdx.epa.gov). The owner or operator must upload to 
CEDRI an electronic copy of each applicable notification in PDF. The 
applicable notification must be submitted by the deadline specified in 
this subpart, regardless of the method in which the reports are 
submitted. Owners or operators who claim that some of the information 
required to be submitted via CEDRI is CBI shall submit a complete report 
generated using the appropriate form in CEDRI or an alternate electronic 
file consistent with the XML schema listed on the EPA's CEDRI website, 
including information claimed to be CBI, on a compact disc, flash drive, 
or other commonly used electronic storage medium to the EPA. The 
electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted shall be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph.
    (f) On and after March 25, 2021, or once the reporting template has 
been available on the CEDRI website for 1 year, whichever date is later, 
the owner or operator shall submit the semiannual compliance report 
required in paragraph (a) of this section to the EPA via the CEDRI. The 
CEDRI interface can be accessed through the EPA's CDX (https://
cdx.epa.gov). The owner or operator must use the appropriate electronic 
template on the CEDRI website for this subpart (https://www.epa.gov/
electronic- reporting-air-emissions/compliance- and-emissions-data-
reporting- interface-cedri). The date report templates

[[Page 683]]

become available will be listed on the CEDRI website. If the reporting 
form for the semiannual compliance report 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 addresses 
listed in Sec. 63.13. Once the form has been available in CEDRI for 1 
year, you must begin submitting all subsequent reports via CEDRI. The 
reports must be submitted by the deadlines specified in this subpart, 
regardless of the method in which the reports are submitted. Owners or 
operators who claim that some of the information required to be 
submitted via CEDRI is CBI shall submit a complete report generated 
using the appropriate form in CEDRI, including information claimed to be 
CBI, on a compact disc, flash drive, or other commonly used electronic 
storage medium to the EPA. The electronic medium shall be clearly marked 
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted shall be submitted to the 
EPA via the EPA's CDX as described earlier in this paragraph.
    (g) If you are required to electronically submit a report through 
the CEDRI in the EPA's CDX, you may assert a claim of the EPA system 
outage for failure to timely comply with the reporting requirement. To 
assert a claim of the 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 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 the 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 the 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.
    (h) 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 (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

[[Page 684]]

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 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 
FR 10847, Feb. 25, 2020]



Sec. 63.3512  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep the records is a 
deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart and the documentation supporting each 
notification and report.
    (b) A current copy of information provided by materials suppliers or 
manufacturers, such as manufacturer's formulation data, or test data 
used to determine the mass fraction of organic HAP and density for each 
coating and thinner and the volume fraction of coating solids for each 
coating. If you conducted testing to determine mass fraction of organic 
HAP, density, or volume fraction of coating solids, you must keep a copy 
of the complete test report. If you use information provided to you by 
the manufacturer or supplier of the material that was based on testing, 
you must keep the summary sheet of results provided to you by the 
manufacturer or supplier. You are not required to obtain the test report 
or other supporting documentation from the manufacturer or supplier.
    (c) For each compliance period, the records specified in paragraphs 
(c)(1) through (4) of this section.
    (1) A record of the coating operations at which you used each 
compliance option and the time periods (beginning and ending dates and 
times) you used each option.
    (2) For the compliant material option, a record of the calculation 
of the organic HAP content for each coating, using Equation 1 of Sec. 
63.3521.
    (3) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coatings and thinners used each month, using Equations 1, 1A, 1B, and 2 
of Sec. 63.3531 and, if applicable, the calculation used to determine 
mass of organic HAP in waste materials according to Sec. 63.3531(e)(3); 
the calculation of the total volume of coating solids used each month, 
using Equation 2 of Sec. 63.3531; and the calculation of each 12-month 
organic HAP emission rate, using Equation 3 of Sec. 63.3531, or 
Equation 4 in Sec. 63.3531, if applicable.
    (4) For the emission rate with add-on controls option, records of 
the calculations specified in paragraphs (c)(4)(i) through (vi) of this 
section.
    (i) The calculation of the total mass of organic HAP emissions for 
the coatings and thinners used each month, using Equations 1, 1A, and 1B 
of Sec. 63.3531 and, if applicable, the calculation used to determine 
mass of organic HAP in waste materials according to Sec. 63.3531(e)(3).
    (ii) The calculation of the total volume of coating solids used each 
month, using Equation 2 of Sec. 63.3531.
    (iii) The calculation of the mass of organic HAP emission reduction 
by emission capture systems and add-on control devices, using Equations 
1 and 1A through 1C of Sec. 63.3541, and Equations 2, 3, 3A, and 3B of 
Sec. 63.3541, as applicable.
    (iv) The calculation of the total mass of organic HAP emissions each 
month, using Equation 4 of Sec. 63.3541.
    (v) The calculation of each 12-month organic HAP emission rate, 
using Equation 5 of Sec. 63.3541.

[[Page 685]]

    (vi) The OSEL calculation, if applicable, using Equation 4 of Sec. 
63.3531.
    (5) For the control efficiency/outlet concentration option, records 
of the measurements made by the CPMS used to demonstrate compliance. For 
any coating operation(s) for which you use this option, you do not have 
to keep the records specified in paragraphs (d) through (g) of this 
section.
    (d) A record of the name and volume of each coating and thinner used 
during each compliance period.
    (e) A record of the mass fraction of organic HAP for each coating 
and thinner used during each compliance period.
    (f) A record of the volume fraction of coating solids for each 
coating used during each compliance period.
    (g) A record of the density for each coating used during each 
compliance period; and, if you use either the emission rate without add-
on controls or the emission rate with add-on controls compliance option, 
the density for each thinner used during each compliance period.
    (h) If you use an allowance in Equation 1 of Sec. 63.3531 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) according 
to Sec. 63.3531(e)(3) or otherwise managed in accordance with 
applicable Federal and State waste management regulations, you must keep 
records of the information specified in paragraphs (h)(1) through (3) of 
this section.
    (1) The name and address of each TSDF or other applicable waste 
management location to which you sent waste materials for which you use 
an allowance in Equation 1 of Sec. 63.3531, a statement of which 
subparts under 40 CFR parts 262, 264, 265, and 266 apply to the facility 
and the date of each shipment.
    (2) Identification of the coating operations producing waste 
materials included in each shipment and the month or months in which you 
used the allowance for these materials in Equation 1 of Sec. 63.3531.
    (3) The methodology used in accordance with Sec. 63.3531(e)(3) to 
determine the total amount of waste materials sent to or the amount 
collected, stored, and designated for transport to a TSDF or other 
applicable waste management location each month and the methodology to 
determine the mass of organic HAP contained in these waste materials. 
That must include the sources for all data used in the determination, 
methods used to generate the data, frequency of testing or monitoring, 
and supporting calculations and documentation, including the waste 
manifest for each shipment.
    (i) Before August 24, 2020, a record of the date, time, and duration 
of each deviation. On and after August 24, 2020, for each deviation from 
an emission limitation reported under Sec. 63.3511(a)(5) through (8), a 
record of the information specified in paragraphs (i)(1) through (4) of 
this section, as applicable.
    (1) The date, time, and duration of the deviation, as reported under 
Sec. 63.3511(a)(5) through (8).
    (2) A list of the affected sources or equipment for which the 
deviation occurred and the cause of the deviation, as reported under 
Sec. 63.3511(a)(5) through (8).
    (3) An estimate of the quantity of each regulated pollutant emitted 
over any applicable emission limit in Sec. 63.3490 or any applicable 
operating limit in Table 4 to this subpart, and a description of the 
method used to calculate the estimate, as reported under Sec. 
63.3511(a)(5) through (8).
    (4) A record of actions taken to minimize emissions in accordance 
with Sec. 63.3500(b) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (j) If you use the emission rate with add-on controls option or the 
control efficiency/outlet concentration option, you must also keep the 
records specified in paragraphs (j)(1) through (8) of this section.
    (1) Before August 24, 2020, for each deviation, a record of whether 
the deviation occurred during a period of startup, shutdown, or 
malfunction. On and after August 24, 2020, a record of whether the 
deviation occurred during a period of startup, shutdown, or malfunction 
is not required.
    (2) Before August 24, 2020, the records in Sec. 63.6(e)(3)(iii) 
through (v) related to startup, shutdown, and malfunction. On and after 
August 24, 2020, the

[[Page 686]]

records in Sec. 63.6(e)(3)(iii) through (v) related to startup, 
shutdown, and malfunction are not required.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 4 to this subpart that applies to 
you.
    (4) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec. 63.3544(a).
    (5) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec. 63.3543 and 63.3544(b) through (e) 
including the records specified in paragraphs (j)(5)(i) through (iii) of 
this section that apply to you.
    (i) Records for a liquid-to-uncaptured-gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH) as measured by Method 204A or F of 
appendix M to 40 CFR part 51 for each material used in the coating 
operation and the total TVH for all materials used during each capture 
efficiency test run including a copy of the test report. Records of the 
mass of TVH emissions not captured by the capture system that exited the 
temporary total enclosure (TTE) or building enclosure during each 
capture efficiency test run, as measured by Method 204D or E of appendix 
M to 40 CFR part 51, including a copy of the test report. Records 
documenting that the enclosure used for the capture efficiency test met 
the criteria in Method 204 of appendix M to 40 CFR part 51 for either a 
TTE or a building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or C 
of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the TTE or 
building enclosure during each capture efficiency test run as measured 
by Method 204D or E of appendix M to 40 CFR part 51 including a copy of 
the test report. Records documenting that the enclosure used for the 
capture efficiency test met the criteria in Method 204 of appendix M to 
40 CFR part 51 for either a TTE or a building enclosure.
    (iii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec. 63.3544(e) if applicable.
    (6) The records specified in paragraphs (j)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec. 63.3545 or Sec. 
63.3555.
    (i) Records of each add-on control device performance test conducted 
according to Sec. 63.3543 or Sec. Sec. 63.3553 and 63.3545 or Sec. 
63.3555.
    (ii) Records of the coating operation conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as specified 
in Sec. 63.3546 or Sec. 63.3556 and to document compliance with the 
operating limits as specified in Table 4 to this subpart.
    (8) A record of the work practice plan required by Sec. 63.3493 and 
documentation that you are implementing the plan on a continuous basis.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 
FR 10850, Feb. 25, 2020]



Sec. 63.3513  In what form and for how long must I keep my records?

    (a) Your records must be kept in a form suitable and readily 
available for expeditious review, according to Sec. 63.10(b)(1). Where 
appropriate, the records may be maintained as electronic spreadsheets or 
as a database. On and after August 24, 2020, any records required to be 
maintained by this subpart that are in reports that were 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

[[Page 687]]

make records, data, and reports available upon request to a delegated 
air agency or the EPA as part of an on-site compliance evaluation.
    (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 may keep the 
records off site for the remaining 3 years.

[68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10851, Feb. 25, 2020]

        Compliance Requirements for the Compliant Material Option



Sec. 63.3520  By what date must I conduct the initial compliance demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements in Sec. 
63.3521. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. The initial compliance demonstration includes the calculations 
according to Sec. 63.3521 and supporting documentation showing that, 
during the initial compliance period, you used no coating with an 
organic HAP content that exceeded the applicable emission limit in Sec. 
63.3490 and you used no thinners that contained organic HAP.



Sec. 63.3521  How do I demonstrate initial compliance with the emission limitations?

    You may use the compliant material option for any individual coating 
operation, for any group of coating operations within a subcategory or 
coating type segment, or for all the coating operations within a 
subcategory or coating type segment. You must use either the emission 
rate without add-on controls option, the emission rate with add-on 
controls option, or the control efficiency/outlet concentration option 
for any coating operation in the affected source for which you do not 
use that option. To demonstrate initial compliance using the compliant 
material option, the coating operation or group of coating operations 
must use no coating with an organic HAP content that exceeds the 
applicable emission limit in Sec. 63.3490 and must use no thinner that 
contains organic HAP as determined according to this section. Any 
coating operation for which you use the compliant material option is not 
required to meet the operating limits or work practice standards 
required in Sec. Sec. 63.3492 and 63.3493, respectively. You must 
conduct a separate initial compliance demonstration for each one and 
two-piece draw and iron can body coating, sheetcoating, three-piece can 
body assembly coating, and end coating affected source. You must meet 
all the requirements of this section for the coating operation or group 
of coating operations using this option. Use the procedures in this 
section on each coating and thinner in the condition it is in when it is 
received from its manufacturer or supplier and prior to any alteration 
(e.g., mixing or thinning). Do not include any coatings or thinners used 
on coating operations for which you use the emission rate without add-on 
controls option, the emission rate with add-on controls option, or the 
control efficiency/outlet concentration option. You do not need to 
redetermine the HAP content of coatings or thinners that have been 
reclaimed onsite and reused in the coating operation(s) for which you 
use the compliant material option, provided these materials in their 
condition as received were demonstrated to comply with the compliant 
material option. All required calculations and compliance demonstrations 
may be performed with either metric or English units.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating and thinner used during the compliance period by using one of 
the options in paragraphs (a)(1) through (5) of this section.

[[Page 688]]

    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the procedures 
specified in paragraphs (a)(1)(i) and (ii) of this section when 
performing a Method 311 test.
    (i) Count each organic HAP in Table 8 to this subpart that is 
measured to be present at 0.1 percent by mass or more and at 1.0 percent 
by mass or more for other compounds. For example, if toluene (not listed 
in Table 8 to this subpart) is measured to be 0.5 percent of the 
material by mass, you do not have to count it. Express the mass fraction 
of each organic HAP you count as a value truncated to four places after 
the decimal point (e.g., 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (e.g., 
0.763).
    (2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may 
use Method 24 to determine the mass fraction of nonaqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP. As an alternative to using Method 24, you may use ASTM D2369-10 
(2015), ``Test Method for Volatile Content of Coatings'' (incorporated 
by reference, see Sec. 63.14).
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec. 63.7(f) to submit an 
alternative test method for approval.
    (4) 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) through (3) of this section, such 
as manufacturer's formulation data, if it represents each organic HAP in 
Table 8 to this subpart that is present at 0.1 percent by mass or more 
and at 1.0 percent by mass or more for other compounds. For example, if 
toluene (not listed in Table 8 to this subpart) is 0.5 percent of the 
material by mass, you do not have to count it. If there is a 
disagreement between such information and results of a test conducted 
according to paragraphs (a)(1) through (3) of this section, then the 
test method results will take precedence unless, after consultation, a 
regulated source can demonstrate to the satisfaction of the enforcement 
agency that the formulation data are correct.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in those 
solvent blends listed in Table 6 or 7 to this subpart. If you use the 
tables, you must use the values in Table 6 to this subpart for all 
solvent blends that match Table 6 entries, and you may only use Table 7 
to this subpart if the solvent blends in the materials you use do not 
match any of the solvent blends in Table 6 and you only know whether the 
blend is aliphatic or aromatic. However, if the results of a Method 311 
(40 CFR part 63, appendix A) test indicate higher values than those 
listed on Table 6 or 7 to this subpart, the Method 311 results will take 
precedence.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters of coating solids per liter of coating) for each coating used 
during the compliance period by a test or by information provided by the 
supplier or the manufacturer of the material as specified in paragraphs 
(b)(1) and (2) of this section. If test results obtained according to 
paragraph (b)(1) of this section do not agree with the information 
obtained under paragraph (b)(2) of this section, the test results will 
take precedence.
    (1) ASTM Method D2697-03 (2014) or D6093-97 (2016). You may use ASTM 
D2697-03 (2014), ``Standard Test Method for Volume Nonvolatile Matter in 
Clear or Pigmented Coatings,'' (incorporated by reference, see Sec. 
63.14) or ASTM D6093-97 (2016), ``Standard Test Method for Percent 
Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium 
Gas Pycnometer'' (incorporated by reference, see

[[Page 689]]

Sec. 63.14), to determine the volume fraction of coating solids for 
each coating. Divide the nonvolatile volume percent obtained with the 
methods by 100 to calculate volume fraction of coating solids. If these 
values cannot be determined using these methods, the owner/operator may 
submit an alternative technique for determining the values for approval 
by the Administrator.
    (2) Information from the supplier or manufacturer of the material. 
You may obtain the volume fraction of coating solids for each coating 
from the supplier or manufacturer.
    (c) Determine the density of each coating. Determine the density of 
each coating used during the compliance period from test results using 
ASTM Method D1475-13 ``Standard Test Method for Density of Liquid 
Coatings, Inks, and Related Products'' (incorporated by reference, see 
Sec. 63.14) or information from the supplier or manufacturer of the 
material. If there is disagreement between ASTM Method D1475-13 test 
results and the supplier's or manufacturer's information, the test 
results will take precedence.
    (d) Calculate the organic HAP content of each coating. Calculate the 
organic HAP content, kg organic HAP per liter coating solids, of each 
coating used during the compliance period, using Equation 1 of this 
section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.000

Where:

Hc = Organic HAP content of the coating, kg organic HAP per 
          liter coating solids.
Dc = Density of coating, kg coating per liter coating, 
          determined according to paragraph (c) of this section.
Wc = mass fraction of organic HAP in the coating, kg organic 
          HAP per kg coating, determined according to paragraph (a) of 
          this section.
Vs = Volume fraction of coating solids, liter coating solids 
          per liter coating, determined according to paragraph (b) of 
          this section.

    (e) Compliance demonstration. The organic HAP content for each 
coating used during the initial compliance period, determined using 
Equation 1 of this section, must be less than or equal to the applicable 
emission limit in Sec. 63.3490 and each thinner used during the initial 
compliance period must contain no organic HAP, determined according to 
paragraph (a) of this section. You must keep all records required by 
Sec. Sec. 63.3512 and 63.3513. As part of the Notification of 
Compliance Status required in Sec. 63.3510, you must identify the 
coating operation(s) for which you used the compliant material option 
and submit a statement that the coating operation(s) was (were) in 
compliance with the emission limitations during the initial compliance 
period because you used no coatings for which the organic HAP content 
exceeded the applicable emission limit in Sec. 63.3490, and you used no 
thinners that contained organic HAP, determined according to paragraph 
(a) of this section.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 
FR 10851, Feb. 25, 2020]



Sec. 63.3522  How do I demonstrate continuous compliance with 
the emission limitations?

    (a) For each compliance period, to demonstrate continuous 
compliance, you must use no coating for which the organic HAP content, 
determined using Equation 1 of Sec. 63.3521, exceeds the applicable 
emission limit in Sec. 63.3490 and use no thinner that contains organic 
HAP, determined according to Sec. 63.3521(a). A compliance period 
consists of 12 months. Each month after the end of the initial 
compliance period described in Sec. 63.3520 is the end of a compliance 
period consisting of that month and the preceding 11 months.
    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the use of any coating or thinner that 
does not meet the criteria specified in paragraph (a) of this section is 
a deviation from the emission limitations that must be reported as 
specified in Sec. Sec. 63.3510(b)(6) and 63.3511(a)(5).
    (c) As part of each semiannual compliance report required by Sec. 
63.3511, you must identify the coating operation(s) for which you used 
the compliant material option. If there were no deviations from the 
emission limitations set forth in Sec. 63.3490, submit a statement that 
the coating operation(s) was (were) in compliance with the emission

[[Page 690]]

limitations during the reporting period because you used no coating for 
which the organic HAP content exceeded the applicable emission limit in 
Sec. 63.3490, and you used no thinner that contained organic HAP, as 
determined according to Sec. 63.3521(a).
    (d) You must maintain records as specified in Sec. Sec. 63.3512 and 
63.3513.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006]

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option



Sec. 63.3530  By what date must I conduct the initial compliance
demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.3531. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. You must determine the mass of organic HAP emissions and volume 
of coating solids used each month and then calculate a 12-month organic 
HAP emission rate at the end of the initial 12-month compliance period. 
The initial compliance demonstration includes the calculations according 
to Sec. 63.3531 and supporting documentation showing that, during the 
initial compliance period, the organic HAP emission rate was equal to or 
less than the applicable emission limit in Sec. 63.3490.



Sec. 63.3531  How do I demonstrate initial compliance with the 
emission limitations?

    You may use the emission rate without add-on controls option for any 
coating operation, for any group of coating operations within a 
subcategory or coating type segment, or for all of the coating 
operations within a subcategory or coating type segment. You must use 
either the compliant material option, the emission rate with add-on 
controls option, or the control efficiency/outlet concentration option 
for any coating operation in the affected source for which you do not 
use this option. If you use the alternative overall emission limit for a 
subcategory according to paragraph (i) of this section to demonstrate 
compliance, however, you must include all coating operations in all 
coating type segments in the subcategory to determine compliance with 
the overall limit. To demonstrate initial compliance using the emission 
rate without add-on controls option, the coating operation or group of 
coating operations must meet the applicable emission limit in Sec. 
63.3490, but is not required to meet the operating limits or work 
practice standards in Sec. Sec. 63.3492 and 63.3493, respectively. You 
must conduct a separate initial compliance demonstration for each one 
and two-piece draw and iron can body coating, sheetcoating, three-piece 
can body assembly coating, and end coating affected source. You must 
meet all the requirements of this section to demonstrate initial 
compliance with the applicable emission limit in Sec. 63.3490 for the 
coating operation(s). When calculating the organic HAP emission rate 
according to this section, do not include any coatings or thinners used 
on coating operations for which you use the compliant material option, 
the emission rate with add-on controls option, or the control 
efficiency/outlet concentration option or coating operations in a 
different affected source in a different subcategory. Use the procedures 
in this section on each coating and thinner in the condition it is in 
when it is received from its manufacturer or supplier and prior to any 
alteration (e.g., mixing or thinning). You do not need to redetermine 
the mass of organic HAP in coatings or thinners that have been reclaimed 
onsite and reused in the coating operation(s) for which you use the 
emission rate without add-on controls option. All required calculations 
and compliance demonstrations may be performed with either metric or 
English units.
    (a) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each coating and thinner 
used during

[[Page 691]]

each month according to the requirements in Sec. 63.3521(a).
    (b) Determine the volume fraction of coating solids for each 
coating. Determine the volume fraction of coating solids for each 
coating used during each month according to the requirements in Sec. 
63.3521(b).
    (c) Determine the density of each material. Determine the density of 
each coating and thinner used during each month from test results using 
ASTM D1475-13 or ASTM D2111-10 (2015) (both incorporated by reference, 
see Sec. 63.14), information from the supplier or manufacturer of the 
material, or reference sources providing density or specific gravity 
data for pure materials. If there is disagreement between ASTM D1475-13 
or ASTM D2111-10 (2015) test results and such other information sources, 
the test results will take precedence.
    (d) Determine the volume of each material used. Determine the volume 
(liters) of each coating and thinner used during each month by 
measurement or usage records.
    (e) Calculate the mass of organic HAP emissions. The mass of organic 
HAP emissions is the combined mass of organic HAP contained in all 
coatings and thinners used during each month minus the organic HAP in 
certain waste materials. Calculate it using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.001

Where:

He = Total mass of organic HAP emissions during the month, 
          kg.
A = Total mass of organic HAP in the coatings used during the month, kg, 
          as calculated in Equation 1A of this section.
B = Total mass of organic HAP in the thinners used during the month, kg, 
          as calculated in Equation 1B of this section.
Rw = Total mass of organic HAP in waste materials sent or 
          designated for shipment to a hazardous waste TSDF or other 
          applicable waste management location for treatment or disposal 
          during the month, kg, determined according to paragraph (e)(3) 
          of this section. (You may assign a value of zero to 
          Rw if you do not wish to use this allowance.)

    (1) Calculate the mass of organic HAP in the coatings used during 
the month using Equation 1A of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.002

Where:

A = Total mass of organic HAP in the coatings used during the month, kg.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Dc,i = Density of coating, i, kg coating per liter coating.
Wc,i = Mass fraction of organic HAP in coating, i, kg organic 
          HAP per kg coating.
m = Number of different coatings used during the month.

    (2) Calculate the mass of organic HAP in the thinners used during 
the month using Equation 1B of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.003

Where:

B = Total mass of organic HAP in the thinners used during the month, kg.
Volt,j = Total volume of thinner, j, used during the month, 
          liters.
Dt,j = Density of thinner, j, kg per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, kg organic 
          HAP per kg thinner.
n = Number of different thinners used during the month.


[[Page 692]]


    (3) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF or other applicable waste management location in Equation 1 of this 
section, then you must determine it according to paragraphs (e)(3)(i) 
through (iv) of this section.
    (i) You may include in the determination only waste materials that 
are generated by coating operations for which you use Equation 1 of this 
section and that will be treated or disposed of by a facility regulated 
as a TSDF under 40 CFR part 262, 264, 265, or 266 or otherwise managed 
in accordance with applicable Federal and State waste management 
regulations. The TSDF or other applicable waste management location may 
be either offsite or onsite. You may not include organic HAP contained 
in wastewater.
    (ii) You must determine either the amount of the waste materials 
sent to a TSDF, or other applicable waste management location, during 
the month, or the amount collected and stored during the month and 
designated for future transport to a TSDF or other applicable waste 
management location. Do not include in your determination any waste 
materials sent to a TSDF or other applicable waste management location 
during a month if you have already included them in the amount collected 
and stored during that month or a previous month.
    (iii) Determine the total mass of organic HAP contained in the waste 
materials specified in paragraph (e)(3)(ii) of this section.
    (iv) You must document the methodology you used to determine the 
amount of waste materials and the total mass of organic HAP they contain 
as required in Sec. 63.3512(h). To the extent that waste manifests 
include this information, they may be used as part of the documentation 
of the amount of waste materials and mass of organic HAP contained in 
them.
    (f) Calculate the total volume of coating solids used. Determine the 
total volume of coating solids used which is the combined volume of 
coating solids for all the coatings used during each month using 
Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.004

Where:

Vst = Total volume of coating solids used during the month, 
          liters.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Vs,i = Volume fraction of coating solids for coating, i, 
          liter solids per liter coating, determined according to Sec. 
          63.3521(b).
m = Number of coatings used during the month.

    (g) Calculate the organic HAP emission rate. Calculate the organic 
HAP emission rate for the 12-month compliance period, kg organic HAP per 
liter coating solids used, using Equation 3 of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.005

Where:

Hyr = Organic HAP emission rate for the 12-month compliance 
          period, kg organic HAP per liter coating solids.
He = Total mass of organic HAP emissions, kg, from all 
          materials used during month, y, as calculated by Equation 1 of 
          this section.
Vst = Total volume of coating solids, liters, used during 
          month, y, as calculated by Equation 2 of this section.
y = Identifier for months.

    (h) Compliance demonstration. The organic HAP emission rate for the 
initial 12-month compliance period, Hyr, must be less than or 
equal to the applicable emission limit in Sec. 63.3490. You must keep 
all records as required by Sec. Sec. 63.3512 and 63.3513. As part of 
the Notification of Compliance Status required by Sec. 63.3510, you 
must identify the coating operation(s) for which you used the emission 
rate without add-on controls option and submit a statement that the 
coating operation(s) was (were) in compliance with the emission 
limitations during the initial compliance period because the organic HAP 
emission rate was less than or equal to the applicable emission limit in 
Sec. 63.3490, determined according to this section.

[[Page 693]]

    (i) Alternative calculation of overall subcategory emission limit 
(OSEL). Alternatively, if your affected source applies coatings in more 
than one coating type segment within a subcategory, you may calculate an 
overall HAP emission limit for the subcategory using Equation 4 of this 
section. If you use this approach, you must limit organic HAP emissions 
to the atmosphere to the OSEL specified by Equation 4 of this section 
during each 12-month compliance period.
[GRAPHIC] [TIFF OMITTED] TR13NO03.006

Where:

OSEL = Total allowable organic HAP in kg HAP/liter coating solids (pound 
          (lb) HAP/gal solids) that can be emitted to the atmosphere 
          from all coating type segments in the subcategory.
Li = HAP emission limit for coating type segment i from Table 
          1 for a new or reconstructed source or Table 2 for an existing 
          source, kg HAP/liter coating solids (lb HAP/gal solids).
Vi = Total volume of coating solids in liters (gal) for all 
          coatings in coating type segment i used during the 12-month 
          compliance period.
n = Number of coating type segments within one subcategory being used at 
          the affected source.

    You must use the OSEL determined by Equation 4 of this section 
throughout the 12-month compliance period and may not switch between 
compliance with individual coating type limits and an OSEL. You may not 
include coatings in different subcategories in determining your OSEL by 
this approach. You must keep all records as required by Sec. Sec. 
63.3512 and 63.3513. As part of the Notification of Compliance Status 
required by Sec. 63.3510, you must identify the subcategory for which 
you used a calculated OSEL and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate for the subcategory was less than or equal to the OSEL determined 
according to this section.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 
FR 10851, Feb. 25, 2020]



Sec. 63.3532  How do I demonstrate continuous compliance with the
emission limitations?

    (a) To demonstrate continuous compliance, the organic HAP emission 
rate for each compliance period, determined according to Sec. 
63.3531(a) through (g), must be less than or equal to the applicable 
emission limit in Sec. 63.3490. Alternatively, if you calculate an OSEL 
for all coating type segments within a subcategory according to Sec. 
63.3531(i), the organic HAP emission rate for the subcategory for each 
compliance period must be less than or equal to the calculated OSEL. You 
must use the calculated OSEL throughout each compliance period. A 
compliance period consists of 12 months. Each month after the end of the 
initial compliance period described in Sec. 63.3530 is the end of a 
compliance period consisting of that month and the preceding 11 months. 
You must perform the calculations in Sec. 63.3531(a) through (g) on a 
monthly basis using data from the previous 12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec. 63.3490 or the 
OSEL calculated according to Sec. 63.3531(i), this is a deviation from 
the emission limitations for that compliance period and must be reported 
as specified in Sec. Sec. 63.3510(c)(6) and 63.3511(a)(6).
    (c) As part of each semiannual compliance report required by Sec. 
63.3511, you must identify the coating operation(s) for which you used 
the emission rate without add-on controls option. If there were no 
deviations from the emission limitations, you must submit a statement 
that the coating operation(s) was (were) in compliance with the emission 
limitations during the reporting period because the organic HAP emission 
rate for each compliance period was less than or equal to the applicable 
emission limit in Sec. 63.3490 determined according to Sec. 63.3531(a) 
through (g), or using the OSEL calculated according to Sec. 63.3531(i).

[[Page 694]]

    (d) You must maintain records as specified in Sec. Sec. 63.3512 and 
63.3513.

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option



Sec. 63.3540  By what date must I conduct performance tests and
initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.3483. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.3541(i), you must conduct according to the schedule in paragraphs 
(a)(1)(i) and (ii) of this section initial and periodic performance 
tests of each capture system and add-on control device according to the 
procedures in Sec. Sec. 63.3543, 63.3544, and 63.3545 and establish the 
operating limits required by Sec. 63.3492. For a solvent recovery 
system for which you conduct liquid-liquid material balances according 
to Sec. 63.3541(i), you must initiate the first material balance no 
later than the applicable compliance date specified in Sec. 63.3483.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec. 63.3492 no later than 180 days after 
the applicable compliance date specified in Sec. 63.3483.
    (ii) If you are not required to complete periodic performance tests 
as a requirement of renewing your facility's operating permit under 40 
CFR part 70 or 40 CFR part 71, you must conduct the first periodic 
performance test before March 25, 2023, unless you already have 
conducted a performance test on or after March 25, 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. If you are required to 
complete periodic performance tests as a requirement of renewing your 
facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you 
must conduct the periodic testing in accordance with the terms and 
schedule required by your permit conditions.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.3493 no later than the compliance date specified in 
Sec. 63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.3541. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. You must determine the mass of organic HAP emissions and volume 
of coating solids used each month and then calculate a 12-month organic 
HAP emission rate at the end of the initial 12-month compliance period. 
The initial compliance demonstration includes the results of emission 
capture system and add-on control device performance tests conducted 
according to Sec. Sec. 63.3543, 63.3544, and 63.3545; results of 
liquid-liquid material balances conducted according to Sec. 63.3541(i); 
calculations according to Sec. 63.3541 and supporting documentation 
showing that, during the initial compliance period, the organic HAP 
emission rate was equal to or less than the emission limit in Sec. 
63.3490(a); the operating limits established during the performance 
tests and the results of the continuous parameter monitoring required by 
Sec. 63.3547; and documentation of whether you developed and 
implemented the work practice plan required by Sec. 63.3493.
    (4) For the initial compliance demonstration, you do not need to 
comply with the operating limits for the emission capture system and 
add-on control device required by Sec. 63.3492 until after you have 
completed the initial performance tests specified in paragraph (a)(1) of 
this section. Instead, you must maintain a log detailing the operation 
and maintenance of the emission capture system, add-on control device, 
and continuous parameter monitors during the period between the 
compliance

[[Page 695]]

date and the performance test. You must begin complying with the 
operating limits established based on the initial performance tests 
specified in paragraph (a)(1) of this section for your affected source 
on the date you complete the performance tests. The requirements in this 
paragraph (a)(4) do not apply to solvent recovery systems for which you 
conduct liquid-liquid material balances according to the requirements in 
Sec. 63.3541(i).
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.3483. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.3541(i), you must conduct according to the schedule in paragraphs 
(b)(1)(i) and (ii) of this section initial and periodic performance 
tests of each capture system and add-on control device according to the 
procedures in Sec. Sec. 63.3543, 63.3544, and 63.3545 and establish the 
operating limits required by Sec. 63.3492. For a solvent recovery 
system for which you conduct liquid-liquid material balances according 
to Sec. 63.3541(i), you must initiate the first material balance no 
later than the compliance date specified in Sec. 63.3483.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec. 63.3492 no later than 180 days after 
the applicable compliance date specified in Sec. 63.3483.
    (ii) If you are not required to complete periodic performance tests 
as a requirement of renewing your facility's operating permit under 40 
CFR part 70 or 40 CFR part 71, you must conduct the first periodic 
performance test before March 25, 2023, unless you already have 
conducted a performance test on or after March 25, 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. If you are required to 
complete periodic performance tests as a requirement of renewing your 
facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you 
must conduct the periodic testing in accordance with the terms and 
schedule required by your permit conditions.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.3493 no later than the compliance date specified in 
Sec. 63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.3541. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. You must determine the mass of organic HAP emissions and volume 
of coating solids used each month and then calculate a 12-month organic 
HAP emission rate at the end of the initial 12-month compliance period. 
The initial compliance demonstration includes the results of emission 
capture system and add-on control device performance tests conducted 
according to Sec. Sec. 63.3543, 63.3544, and 63.3545; results of 
liquid-liquid material balances conducted according to Sec. 63.3541(i); 
calculations according to Sec. 63.3541 and supporting documentation 
showing that during the initial compliance period the organic HAP 
emission rate was equal to or less than the emission limit in Sec. 
63.3490(b); the operating limits established during the performance 
tests and the results of the continuous parameter monitoring required by 
Sec. 63.3547; and documentation of whether you developed and 
implemented the work practice plan required by Sec. 63.3493.

[68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10851, Feb. 25, 2020]



Sec. 63.3541  How do I demonstrate initial compliance?

    (a) You may use the emission rate with add-on controls option for 
any coating operation, for any group of coating operations within a 
subcategory or coating type segment, or for all of the coating 
operations within a subcategory or coating type segment.

[[Page 696]]

You may include both controlled and uncontrolled coating operations in a 
group for which you use this option. You must use either the compliant 
material option, the emission rate without add-on controls option, or 
the control efficiency/outlet concentration option for any coating 
operation in the affected source for which you do not use the emission 
rate with add-on controls option. To demonstrate initial compliance, the 
coating operation(s) for which you use the emission rate with add-on 
controls option must meet the applicable emission limitations in Sec. 
63.3490. You must conduct a separate initial compliance demonstration 
for each one and two-piece draw and iron can body coating, sheetcoating, 
three-piece can body assembly coating, and end coating affected source. 
You must meet all the requirements of this section to demonstrate 
initial compliance with the emission limitations. When calculating the 
organic HAP emission rate according to this section, do not include any 
coatings or thinners used on coating operations for which you use the 
compliant material option, the emission rate without add-on controls 
option, or the control efficiency/outlet concentration option. You do 
not need to redetermine the mass of organic HAP in coatings or thinners 
that have been reclaimed onsite and reused in the coating operation(s) 
for which you use the emission rate with add-on controls option. All 
required calculations and compliance demonstrations may be performed 
with either metric or English units.
    (b) Compliance with operating limits. Except as provided in Sec. 
63.3540(a)(4) and except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to the requirements of 
Sec. 63.3541(i), you must establish and demonstrate continuous 
compliance during the initial compliance period with the operating 
limits required by Sec. 63.3492 using the procedures specified in 
Sec. Sec. 63.3546 and 63.3547.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.3493 during the initial compliance period, as 
specified in Sec. 63.3512.
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (n) of this section to demonstrate compliance 
with the applicable emission limit in Sec. 63.3490.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec. 63.3531(a) through (d) to determine the mass fraction 
of organic HAP, density, and volume of each coating and thinner used 
during each month and the volume fraction of coating solids for each 
coating used during each month.
    (f) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec. 63.3531, calculate the total mass of 
organic HAP emissions before add-on controls from all coatings and 
thinners used during each month in the coating operation or group of 
coating operations for which you use the emission rate with add-on 
controls option.
    (g) Calculate the organic HAP emission reduction for each controlled 
coating operation. Determine the mass of organic HAP emissions reduced 
for each controlled coating operation during each month. The emission 
reduction determination quantifies the total organic HAP emissions that 
pass through the emission capture system and are destroyed or removed by 
the add-on control device. Use the procedures in paragraph (h) of this 
section to calculate the mass of organic HAP emission reduction for each 
controlled coating operation using an emission capture system and add-on 
control device other than a solvent recovery system for which you 
conduct liquid-liquid material balances. For each controlled coating 
operation using a solvent recovery system for which you conduct a 
liquid-liquid material balance, use the procedures in paragraph (j) of 
this section to calculate the organic HAP emission reduction.
    (h) Calculate the organic HAP emission reduction for each controlled 
coating operation not using liquid-liquid material balances. For each 
controlled coating operation using an emission capture system and add-on 
control device, other than a solvent recovery system for which you 
conduct liquid-liquid

[[Page 697]]

material balances, calculate the organic HAP emission reduction, using 
Equation 1 of this section. The calculation applies the emission capture 
system efficiency and add-on control device efficiency to the mass of 
organic HAP contained in the coatings and thinners that are used in the 
coating operation served by the emission capture system and add-on 
control device during each month. For any period of time a deviation 
specified in Sec. 63.3542(c) or (d) occurs in the controlled coating 
operation, you must assume zero efficiency for the emission capture 
system and add-on control device, unless you have other data indicating 
the actual efficiency of the emission capture system and add-on control 
device, and the use of these data has been approved by the 
Administrator. Equation 1 of this section treats the materials used 
during such a deviation as if they were used on an uncontrolled coating 
operation for the time period of the deviation.

[GRAPHIC] [TIFF OMITTED] TR18NO21.081


Where:

Hc = Mass of organic HAP emission reduction for the 
          controlled coating operation during the month, kg.
Ac = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the month, kg, as 
          calculated in Equation 1A of this section.
Bc = Total mass of organic HAP in the thinners used in the 
          controlled coating operation during the month, kg, as 
          calculated in Equation 1B of this section.
Hunc = Total mass of organic HAP in the coatings and thinners 
          used during all deviations specified in Sec. 63.3542(c) and 
          (d) that occurred during the month in the controlled coating 
          operation, kg, as calculated in Equation 1C of this section.
CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent. Use the test methods and 
          procedures specified in Sec. Sec. 63.3543 and 63.3544 to 
          measure and record capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
          control device, percent. Use the test methods and procedures 
          in Sec. Sec. 63.3543 and 63.3545 to measure and record the 
          organic HAP destruction or removal efficiency.

    (i) Calculate the organic HAP emission reduction for each controlled 
coating operation using liquid-liquid material balances. For each 
controlled coating operation using a solvent recovery system for which 
you conduct liquid-liquid material balances, calculate the organic HAP 
emission reduction by applying the volatile organic matter collection 
and recovery efficiency to the mass of organic HAP contained in the 
coatings and thinners that are used in the coating operation controlled 
by the solvent recovery system during each month. Perform a liquid-
liquid material balance for each month as specified in paragraphs (i)(1) 
through (6) of this section. Calculate the mass of organic HAP emission 
reduction by the solvent recovery system as specified in paragraph 
(i)(7) of this section.
    (1) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each month.
    (2) For each solvent recovery system, determine the mass of volatile 
organic matter recovered for the month, kg, based on measurement with 
the device required in paragraph (i)(1) of this section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating and thinner used in the coating operation controlled by the 
solvent recovery system during the month, in kg volatile organic matter 
per kg coating. You may determine the volatile organic matter mass 
fraction using Method 24 of 40 CFR part 60, appendix A, ASTM D2369-10 
(2015), ``Test Method for Volatile Content of Coatings'' (incorporated 
by reference, see Sec. 63.14), or an EPA approved alternative method. 
Alternatively, you may determine the volatile organic matter mass 
fraction

[[Page 698]]

using information provided by the manufacturer or supplier of the 
coating. In the event of any inconsistency between information provided 
by the manufacturer or supplier and the results of Method 24 of 40 CFR 
part 60, appendix A, ASTM D2369-10 (2015) or an approved alternative 
method, the test method results will take precedence unless, after 
consultation, a regulated source can demonstrate to the satisfaction of 
the enforcement agency that the formulation data are correct.
    (4) Determine the density of each coating and thinner used in the 
coating operation controlled by the solvent recovery system during the 
month, kg per liter, according to Sec. 63.3531(c).
    (5) Measure the volume of each coating and thinner used in the 
coating operation controlled by the solvent recovery system during the 
month, liters.
    (6) Each month, calculate the solvent recovery system's volatile 
organic matter collection and recovery efficiency, using Equation 2 of 
this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.012

Where:

RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system during the month, 
          percent.
MVR = Mass of volatile organic matter recovered by the 
          solvent recovery system during the month, kg.
Voli = Volume of coating, i, used in the coating operation 
          controlled by the solvent recovery system during the month, 
          liters.
Di = Density of coating, i, kg per liter.
WVc,i = Mass fraction of volatile organic matter for coating, 
          i, kg volatile organic matter per kg coating.
Volj = Volume of thinner, j, used in the coating operation 
          controlled by the solvent recovery system during the month, 
          liters.
Dj = Density of thinner, j, kg per liter.
WVt, j = Mass fraction of volatile organic matter for 
          thinner, j, kg volatile organic matter per kg thinner.
m = Number of different coatings used in the coating operation 
          controlled by the solvent recovery system during the month.
n = Number of different thinners used in the coating operation 
          controlled by the solvent recovery system during the month.

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month using Equation 3 of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.013

Where:

HCSR = Mass of organic HAP emission reduction for the coating 
          operation controlled by the solvent recovery system using a 
          liquid-liquid material balance during the month, kg.
ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system, 
          kg, calculated using Equation 3A of this section.
BCSR = Total mass of organic HAP in the thinners used in the 
          coating operation controlled by the solvent recovery system, 
          kg, calculated using Equation 3B of this section.
RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system, percent, from 
          Equation 2 of this section.


[[Page 699]]


    (i) Calculate the mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 3A of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.014

Where:

ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system 
          during the month, kg.
Volc,i = Total volume of coating, i, used during the month in 
          the coating operation controlled by the solvent recovery 
          system, liters.
Dc,i = Density of coating, i, kg per liter.
Wc,i = Mass fraction of organic HAP in coating, i, kg per kg.
m = Number of different coatings used.

    (ii) Calculate the mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system using 
Equation 3B of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.015

Where:

BCSR = Total mass of organic HAP in the thinners used in the 
          coating operation controlled by the solvent recovery system 
          during the month, kg.
Volt,j = Total volume of thinner, j, used during the month in 
          the coating operation controlled by the solvent recovery 
          system, liters.
Dt,j = Density of thinner, j, kg per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, kg per kg.
n = Number of different thinners used.

    (j) Calculate the total volume of coating solids used. Determine the 
total volume of coating solids used, which is the combined volume of 
coating solids for all the coatings used during each month in the 
coating operation or group of coating operations for which you use the 
emission rate with add-on controls option, using Equation 2 of Sec. 
63.3531.
    (k) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions during each month using 
Equation 4 of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.016

Where:

HHAP = Total mass of organic HAP emissions for the month, kg.
He = Total mass of organic HAP emissions before add-on 
          controls from all the coatings and thinners used during the 
          month, kg, determined according to paragraph (f) of this 
          section.
HC,i = Total mass of organic HAP emission reduction for 
          controlled coating operation, i, not using a liquid-liquid 
          material balance, during the month, kg, from Equation 1 of 
          this section.
HCSR,j = Total mass of organic HAP emission reduction for 
          coating operation, j, controlled by a solvent recovery system 
          using a liquid-liquid material balance, during the month, kg, 
          from Equation 3 of this section.

[[Page 700]]

q = Number of controlled coating operations not using a liquid-liquid 
          material balance.
r = Number of coating operations controlled by a solvent recovery system 
          using a liquid-liquid material balance.

    (l) Calculate the organic HAP emission rate for the 12-month 
compliance period. Determine the organic HAP emission rate for the 12-
month compliance period, kg organic HAP per liter coating solids used, 
using Equation 5 of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.017

Where:

Hannual = Organic HAP emission rate for the 12-month 
          compliance period, kg organic HAP per liter coating solids.
HHAP,y = Organic HAP emission rate for month, y, determined 
          according to Equation 4 of this section.
Vst,y = Total volume of coating solids used during month, y, 
          liters, from Equation 2 of Sec. 63.3531.
y = Identifier for months.

    (m) Compliance demonstration. To demonstrate initial compliance with 
the emission limit, the organic HAP emission rate, calculated using 
Equation 5 of this section, must be less than or equal to the applicable 
emission limit in Sec. 63.3490. You must keep all records as required 
by Sec. Sec. 63.3512 and 63.3513. As part of the Notification of 
Compliance Status required by Sec. 63.3510, you must identify the 
coating operation(s) for which you used the emission rate with add-on 
controls option and submit a statement that the coating operation(s) was 
in compliance with the emission limitations during the initial 
compliance period because the organic HAP emission rate was less than or 
equal to the applicable emission limit in Sec. 63.3490, and you 
achieved the operating limits required by Sec. 63.3492 and the work 
practice standards required by Sec. 63.3493.
    (n) Alternative calculation of overall subcategory emission limit. 
Alternatively, if your affected source applies coatings in more than one 
coating type segment within a subcategory, you may calculate an overall 
HAP emission limit for the subcategory using Equation 4 of Sec. 
63.3531. If you use this approach, you must limit organic HAP emissions 
to the atmosphere to the OSEL specified by Equation 4 of Sec. 63.3531 
during each 12-month compliance period. You must use the OSEL determined 
by Equation 4 of Sec. 63.3531 throughout the 12-month compliance period 
and may not switch between compliance with individual coating type 
limits and an OSEL. If you follow this approach, you may not include 
coatings in different subcategories in determining your OSEL. You must 
keep all records as required by Sec. Sec. 63.3512 and 63.3513. As part 
of the Notification of Compliance Status required by Sec. 63.3510, you 
must identify the subcategory for which you used a calculated OSEL and 
submit a statement that the coating operation(s) was in compliance with 
the emission limitations during the initial compliance period because 
the organic HAP emission rate for the subcategory was less than or equal 
to the OSEL determined according to this section.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 
FR 10852, Feb. 25, 2020; 86 FR 66041, Nov. 19, 2021]



Sec. 63.3542  How do I demonstrate continuous compliance with 
the emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec. 63.3490, the organic HAP emission rate for each 
compliance period, determined according to the procedures in Sec. 
63.3541, must be equal to or less than the applicable emission limit in 
Sec. 63.3490. Alternatively, if you calculate an OSEL for all coating 
type segments within a subcategory according to Sec. 63.3531(i), the 
organic HAP emission rate for the subcategory for each compliance period 
must be less than or equal to the calculated OSEL. You must use the 
calculated OSEL throughout each compliance period. A compliance period 
consists of 12 months. Each month after the end of the initial 
compliance period described in Sec. 63.3540 is the end of a compliance 
period consisting of that month and the preceding 11 months. You must 
perform the calculations in Sec. 63.3541 on a

[[Page 701]]

monthly basis using data from the previous 12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec. 63.3490, that is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec. 63.3510(b)(6) and 
63.3511(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.3492 that applies to you as specified in 
Table 4 to this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 4 to this subpart, this is a deviation from the operating limit 
that must be reported as specified in Sec. Sec. 63.3510(b)(6) and 
63.3511(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 4 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation, unless you have 
other data indicating the actual efficiency of the emission capture 
system and add-on control device, and the use of these data has been 
approved by the Administrator. For the purposes of completing the 
compliance calculations specified in Sec. 63.3541(h), you must treat 
the materials used during a deviation on a controlled coating operation 
as if they were used on an uncontrolled coating operation for the time 
period of the deviation as indicated in Equation 1 of Sec. 63.3541.
    (d) You must meet the requirements for bypass lines in Sec. 
63.3547(b) for controlled coating operations for which you do not 
conduct liquid-liquid material balances. If any bypass line is opened 
and emissions are diverted to the atmosphere when the coating operation 
is running, this is a deviation that must be reported as specified in 
Sec. Sec. 63.3510(b)(6) and 63.3511(a)(7). For the purposes of 
completing the compliance calculations specified in Sec. 63.3541(h), 
you must treat the materials used during a deviation on a controlled 
coating operation as if they were used on an uncontrolled coating 
operation for the time period of the deviation as indicated in Equation 
1 of Sec. 63.3541.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.3493. If you did not develop a work 
practice plan or you did not implement the plan or you did not keep the 
records required by Sec. 63.3512(j)(8), that is a deviation from the 
work practice standards that must be reported as specified in Sec. Sec. 
63.3510(b)(6) and 63.3511(a)(7).
    (f) As part of each semiannual compliance report required in Sec. 
63.3511, you must identify the coating operation(s) for which you used 
the emission rate with add-on controls option. If there were no 
deviations from the emission limits in Sec. 63.3490, the operating 
limits in Sec. 63.3492, and the work practice standards in Sec. 
63.3493, submit a statement that you were in compliance with the 
emission limitations during the reporting period because the organic HAP 
emission rate for each compliance period was less than or equal to the 
applicable emission limit in Sec. 63.3490, and you achieved the 
operating limits required by Sec. 63.3492 and the work practice 
standards required by Sec. 63.3493 during each compliance period.
    (g) [Reserved]
    (h) Before August 24, 2020, consistent with Sec. Sec. 63.6(e) and 
63.7(e)(1), deviations that occur during a period of startup, shutdown, 
or malfunction of the emission capture system, add-on control device, or 
coating operation that may affect emission capture or control device 
efficiency 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 you identify as a startup, shutdown, or 
malfunction are violations according to the provisions in Sec. 63.6(e). 
On and after August 24, 2020, deviations that occur due to malfunction 
of the emission capture system, add-on control device, or coating 
operation that may affect emission capture or control device efficiency 
are required to operate in accordance with Sec. 63.3500(b). The 
Administrator will determine whether the deviations are violations 
according to the provisions in Sec. 63.3500(b).

[[Page 702]]

    (i) You must maintain records as specified in Sec. Sec. 63.3512 and 
63.3513.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 20464, Apr. 20, 2006; 
85 FR 10852, Feb. 25, 2020]



Sec. 63.3543  What are the general requirements for performance tests?

    (a) Before August 24, 2020, you must conduct each performance test 
required by Sec. 63.3540 according to the requirements in Sec. 
63.7(e)(1) and under the conditions in this section unless you obtain a 
waiver of the performance test according to the provisions in Sec. 
63.7(h). On and after August 24, 2020, you must conduct each performance 
test required by Sec. 63.3540 according to the requirements in this 
section unless you obtain a waiver of the performance test according to 
the provisions in Sec. 63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, or nonoperation do not constitute representative conditions 
for purposes of conducting a performance test. The owner or operator 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.
    (2) Representative emission capture system and add-on control device 
operating conditions. You must conduct the performance test when the 
emission capture system and add-on control device are operating at a 
representative flow rate and the add-on control device is operating at a 
representative inlet concentration. You must record information that is 
necessary to document emission capture system and add-on control device 
operating conditions during the test and explain why the conditions 
represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.3544. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec. 63.3545.

[68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10853, Feb. 25, 2020]



Sec. 63.3544  How do I determine the emission capture system efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of each performance test required 
by Sec. 63.3540.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the 
enclosure to an add-on control device.
    (2) All coatings and thinners used in the coating operation are 
applied within the capture system, and coating solvent flash-off, 
curing, and drying occurs within the capture system. For example, the 
criterion is not met if parts enter the open shop environment when being 
moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours duration or the length of a production run, whichever is 
longer, up to 8 hours. For the purposes of this test, a production run 
means the time required for a single part to go from the beginning to 
the end of production, and includes drying or curing time, but excludes 
surface preparation activities.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of

[[Page 703]]

TVH emissions not captured by the emission capture system. Use a TTE or 
a building enclosure and the procedures in paragraphs (c)(1) through (6) 
of this section to measure emission capture system efficiency using the 
liquid-to-uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings and thinners are applied and all 
areas where emissions from these applied coatings and materials 
subsequently occur, such as flash-off, curing, and drying areas. The 
areas of the coating operation where capture devices collect emissions 
for routing to an add-on control device, such as the entrance and exit 
areas of an oven or spray booth, must also be inside the enclosure. The 
enclosure must meet the applicable definition of a TTE or building 
enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction of TVH liquid input from each coating and 
thinner used in the coating operation during each capture efficiency 
test run. To make the determination, substitute TVH for each occurrence 
of the term volatile organic compounds (VOC) in the methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the coatings and thinners used in the coating 
operation during each capture efficiency test run.
[GRAPHIC] [TIFF OMITTED] TR13NO03.018

Where:

TVHused = Total mass of liquid TVH in materials used in the 
          coating operation during the capture efficiency test run, kg.
TVHi = Mass fraction of TVH in coating or thinner, i, that is 
          used in the coating operation during the capture efficiency 
          test run, kg TVH per kg material.
Voli = Total volume of coating or thinner, i, used in the 
          coating operation during the capture efficiency test run, 
          liters.
Di = Density of coating or thinner, i, kg material per liter 
          material.
n = Number of different coatings and thinners used in the coating 
          operation during the capture efficiency test run.

    (4) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the TTE or 
building enclosure during each capture efficiency test run. To make the 
measurement, substitute TVH for each occurrence of the term VOC in the 
methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure 
is a TTE.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure other than the coating operation for which capture 
efficiency is being determined must be shut down but all fans and 
blowers must be operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 2 of 
this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.019


[[Page 704]]


Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHused = Total mass of liquid TVH used in the coating 
          operation during the capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the TTE or 
          building enclosure during the capture efficiency test run, kg, 
          determined according to paragraph (c)(4) of this section.

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a TTE or a building enclosure and the 
procedures in paragraphs (d)(1) through (5) of this section to measure 
emission capture system efficiency using the gas-to-gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings and thinners are applied and all 
areas where emissions from these applied coatings and materials 
subsequently occur, such as flash-off, curing, and drying areas. The 
areas of the coating operation where capture devices collect emissions 
generated by the coating operation for routing to an add-on control 
device, such as the entrance and exit areas of an oven or a spray booth, 
must also be inside the enclosure. The enclosure must meet the 
applicable definition of a TTE or building enclosure in Method 204 of 
appendix M to 40 CFR part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions captured by the emission 
capture system during each capture efficiency test run as measured at 
the inlet to the add-on control device. To make the measurement, 
substitute TVH for each occurrence of the term VOC in the methods.
    (i) The sampling points for Method 204B or 204C of appendix M to 40 
CFR part 51 measurement must be upstream from the add-on control device 
and must represent total emissions routed from the capture system and 
entering the add-on control device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct, and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the TTE or 
building enclosure during each capture efficiency test run. To make the 
measurement, substitute TVH for each occurrence of the term VOC in the 
methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure 
is a TTE.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure, other than the coating operation for which capture 
efficiency is being determined, must be shut down but all fans and 
blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 3 of 
this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.020


[[Page 705]]


Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHcaptured = Total mass of TVH captured by the emission 
          capture system as measured at the inlet to the add-on control 
          device during the emission capture efficiency test run, kg, 
          determined according to paragraph (d)(2) of this section.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the TTE or 
          building enclosure during the capture efficiency test run, kg, 
          determined according to paragraph (d)(3) of this section.

    (5) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (e) Alternative capture efficiency protocol. As an alternative to 
the procedures specified in paragraphs (c) and (d) of this section, you 
may determine capture efficiency using any other capture efficiency 
protocol and test methods that satisfy the criteria of either the DQO or 
LCL approach as described in appendix A to subpart KK of this part.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 
FR 10853, Feb. 25, 2020]



Sec. 63.3545  How do I determine the add-on control device emission destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance tests required by Sec. 63.3540. 
For each performance test, you must conduct three test runs as specified 
in Sec. 63.7(e)(3) and each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR part 
60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight. You may 
also use as an alternative to Method 3B the manual method for measuring 
the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas 
in ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 10, 
Instruments and Apparatus]'' (incorporated by reference, see Sec. 
63.14).
    (4) Use Method 4 of appendix A to 40 CFR part 60 to determine stack 
gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously using 
either Method 25 or 25A of appendix A-7 to 40 CFR part 60 as specified 
in paragraphs (b)(1) through (5) of this section. You must use the same 
method for both the inlet and outlet measurements.
    (1) Use Method 25 of appendix A-7 to 40 CFR part 60 if the add-on 
control device is an oxidizer and you expect the total gaseous organic 
concentration as carbon to be more than 50 ppm at the control device 
outlet.
    (2) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-on 
control device is an oxidizer and you expect the total gaseous organic 
concentration as carbon to be 50 ppm or less at the control device 
outlet.
    (3) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-
control device is not an oxidizer.
    (4) You may use Method 18 of appendix A-6 to 40 CFR part 60 to 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon.
    (5) Alternatively, any other test method or data that have been 
validated according to the applicable procedures in Method 301 of 40 CFR 
part 63, appendix A, and approved by the Administrator, may be used.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator with 
an outlet for the

[[Page 706]]

high-volume dilute stream that has been treated by the concentrator, and 
a second add-on control device is an oxidizer with an outlet for the 
low-volume concentrated stream that is treated with the oxidizer, you 
must measure emissions at the outlet of the oxidizer and the high-volume 
dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic emissions 
mass flow rates for the inlet and the outlet of the add-on control 
device using Equation 1 of this section. If there is more than one inlet 
or outlet to the add-on control device, you must calculate the total 
gaseous organic mass flow rate using Equation 1 of this section for each 
inlet and each outlet and then total all of the inlet emissions and 
total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TR13NO03.021

Where:

Mf = Total gaseous organic emissions mass flow rate, kg per 
          hour (kg/h).
Cc = Concentration of organic compounds as carbon in the vent 
          gas, as determined by Method 25 or Method 25A, ppmvd.
Qsd = Volumetric flow rate of gases entering or exiting the 
          add-on control device, as determined by Method 2, 2A, 2C, 2D, 
          2F, or 2G, dry standard cubic meters/hour (dscm/h).
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
          (mol/m\3\) (@ 293 Kelvin (K) and 760 millimeters of mercury 
          (mmHg)).

    Note: If Mf is calculated in English units (lb/h), the 
conversion factor for molar volume is 0.00256 lb-moles per cubic foot 
(mol/ft\3\).

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.022

Where:

DRE = Organic emissions destruction or removal efficiency of the add-on 
          control device, percent.
Mfi = Total gaseous organic emissions mass flow rate at the 
          inlet(s) to the add-on control device, using Equation 1 of 
          this section, kg/h.
Mfo = Total gaseous organic emissions mass flow rate at the 
          outlet(s) of the add-on control device, using Equation 1 of 
          this section, kg/h.

    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.

[68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10853, Feb. 25, 2020]



Sec. 63.3546  How do I establish the emission capture system and
add-on control device operating limits during the performance
test?

    During performance tests required by Sec. 63.3540 and described in 
Sec. Sec. 63.3543, 63.3544, and 63.3545, you must establish the 
operating limits required by Sec. 63.3492 unless you have received 
approval for alternative monitoring and operating limits under Sec. 
63.8(f) as specified in Sec. 63.3492.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During performance tests, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of the 
three test runs. You must monitor the temperature in the firebox of the 
thermal oxidizer or immediately downstream of the firebox before any 
substantial heat exchange occurs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average combustion 
temperature maintained during the performance test. That average 
combustion temperature is the minimum operating limit for your thermal 
oxidizer.

[[Page 707]]

    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During performance tests, you must monitor and record the 
temperature at the inlet to the catalyst bed and the temperature 
difference across the catalyst bed at least once every 15 minutes during 
each of the three test runs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature at the 
inlet to the catalyst bed and the average temperature difference across 
the catalyst bed maintained during the performance test. The average 
temperature difference is the minimum operating limit for your catalytic 
oxidizer.
    (3) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet to 
the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During performance tests, you must monitor and 
record the temperature at the inlet to the catalyst bed at least once 
every 15 minutes during each of the three test runs. For each 
performance test, use the data collected during the performance test to 
calculate and record the average temperature at the inlet to the 
catalyst bed during the performance test. That is the minimum operating 
limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, at 
a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) 
of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e, 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the burner 
assembly and fuel supply lines for problems and, as necessary, adjust 
the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendations and conduct a new performance test to 
determine destruction efficiency according to Sec. 63.3545.
    (c) Regenerative oxidizers. If your add-on control device is a 
regenerative oxidizer, establish operating limits according to 
paragraphs (c)(1) and (2) of this section.
    (1) You must establish all applicable operating limits according to 
paragraphs (a) and (b) of this section.
    (2) You must submit a valve inspection plan that documents the steps 
taken to minimize the amount of leakage during the regenerative process. 
This plan can include, but is not limited to, routine inspection of key 
parameters of the valve operating system (e.g., solenoid valve 
operation, air pressure, hydraulic pressure); visual inspection of the 
valves during internal inspections; and/or actual testing of the 
emission stream for leakage.
    (d) Carbon adsorbers. If your add-on control device is a carbon 
adsorber, establish the operating limits according to paragraphs (d)(1) 
and (2) of this section.
    (1) During performance tests, you must monitor and record the total 
regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each 
regeneration cycle, and the carbon bed temperature after each carbon bed 
regeneration and cooling cycle for the regeneration cycle either 
immediately preceding or immediately following the performance test.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle, 
and the maximum carbon bed temperature recorded after the cooling cycle.
    (e) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (e)(1) and (2) of 
this section.
    (1) During performance tests, monitor and record the condenser 
outlet (product side) gas temperature at least

[[Page 708]]

once every 15 minutes during each of the three test runs of the 
performance test.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average condenser outlet 
(product side) gas temperature maintained during the performance test. 
This average condenser outlet gas temperature is the maximum operating 
limit for your condenser.
    (f) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (f)(1) through (7) of this section.
    (1) During performance tests, monitor and record the inlet 
temperature to the desorption/reactivation zone of the concentrator at 
least once every 15 minutes during each of the three runs of the 
performance test.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature. This 
is the minimum operating limit for the desorption/reactivation zone 
inlet temperature.
    (3) During each performance test, monitor and record an indicator(s) 
of performance for the desorption/reactivation fan operation at least 
once every 15 minutes during each of the three runs of the performance 
test. The indicator can be speed in revolutions per minute (rpm), power 
in amps, static pressure, or flow rate.
    (4) Establish a suitable range for the parameter(s) selected based 
on the system design specifications, historical data, and/or data 
obtained concurrent with an emissions performance test. This is the 
operation limit range for the desorption/reactivation fan operation.
    (5) During each performance test, monitor the rotational speed of 
the concentrator at least once every 15 minutes during each of the three 
runs of the performance test.
    (6) For each performance test, use the data collected during the 
performance test to calculate and record the average rotational speed. 
This is the minimum operating limit for the rotational speed of the 
concentrator. However, the indicator range for the rotational speed may 
be changed if an engineering evaluation is conducted and a determination 
made that the change in speed will not affect compliance with the 
emission limit.
    (7) Develop and implement an inspection and maintenance plan for the 
concentrator(s) that you elect to monitor according to paragraph (f) of 
this section. The plan must include, at a minimum, annual sampling and 
analysis of the absorbent material (i.e., adsorbent activity) following 
the manufacturer's recommended procedures.
    (g) Emission capture systems. For each capture device that is not 
part of a PTE that meets the criteria of Sec. 63.3544(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (g)(1) and (2) of this section. The 
operating limit for a PTE is specified in Table 4 to this subpart.
    (1) During the capture efficiency determination required by Sec. 
63.3540 and described in Sec. Sec. 63.3543 and 63.3544, you must 
monitor and record either the gas volumetric flow rate at a location 
upstream of the control device, or the duct static pressure at a 
location upstream of the primary fan in each duct of each capture device 
or upstream of the fan that is common to multiple capture devices at 
least once every 15 minutes during each of the three test runs.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device or 
system of multiple capture devices. The average gas volumetric flow rate 
is the minimum operating limit for that specific capture device or 
system of multiple capture devices. The average duct static pressure is 
the maximum operating limit for that specific capture device or system 
of multiple capture devices.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 
FR 10853, Feb. 25, 2020]



Sec. 63.3547  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), and (f) of this

[[Page 709]]

section according to paragraphs (a) (1) through (6) of this section. You 
must install, operate, and maintain each CPMS specified in paragraphs 
(b) and (d) of this section according to paragraphs (a)(3) through (5) 
of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period.
    (2) You must determine the average of all recorded readings for each 
successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, and 
validation check of the CPMS.
    (4) Before August 24, 2020, you must maintain the CPMS at all times 
and have available necessary parts for routine repairs of the monitoring 
equipment. On and after August 24, 2020, you must maintain the CPMS at 
all times in accordance with Sec. 63.3500(b) and keep necessary parts 
readily available for routine repairs of the monitoring equipment.
    (5) Before August 24, 2020, you must operate the CPMS and collect 
emission capture system and add-on control device parameter data at all 
times that a controlled coating operation is operating, except during 
monitoring malfunctions, associated repairs, and required quality 
assurance or control activities (including, if applicable, calibration 
checks and required zero and span adjustments). On and after August 24, 
2020, you must operate the CPMS and collect emission capture system and 
add-on control device parameter data at all times in accordance with 
Sec. 63.3500(b).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out of control periods, or required quality 
assurance or control activities when calculating data averages. You must 
use all the data collected during all other periods in calculating the 
data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused, in part, by poor maintenance or 
careless operation are not malfunctions. Before August 24, 2020, any 
period for which the monitoring system is out of control and data are 
not available for required calculations is a deviation from the 
monitoring requirements. On and after August 24, 2020, except for 
periods of required quality assurance or control activities, any period 
for which the CPMS fails to operate and record data continuously as 
required by paragraph (a)(5) of this section, or generates data that 
cannot be included in calculating averages as specified in (a)(6) of 
this section constitutes a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraph (b)(1) or (2) of this section for each emission capture system 
that contains bypass lines that could divert emissions away from the 
add-on control device to the atmosphere.
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. The flow indicator shall 
be installed at the entrance to any bypass line. Alternatively, install, 
maintain, and operate a bypass line valve indicator or damper indicator 
that indicates valve position.
    (2) Secure the bypass line valve in the nondiverting position with a 
car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure the valve is maintained in the nondiverting position and 
the vent stream is not diverted through the bypass line.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section.
    (1) For a thermal oxidizer, install a gas temperature monitor in the 
firebox of the thermal oxidizer or in the duct immediately downstream of 
the firebox before any substantial heat exchange occurs.

[[Page 710]]

    (2) For a catalytic oxidizer, install a gas temperature monitor 
according to paragraph (c)(2)(i) or (ii) of this section.
    (i) If you establish operating limits according to Sec. 
63.3546(b)(1) and (2), then you must install the gas temperature 
monitors both upstream and downstream of the catalyst bed. The 
temperature monitors must be in the gas stream at the inlet to and the 
outlet of the catalyst bed to measure the temperature difference across 
the bed.
    (ii) If you establish operating limits according to Sec. 
63.3546(b)(3) and (4), then you must install a gas temperature monitor 
upstream of the catalyst bed. The temperature monitor must be in the gas 
stream at the inlet to the catalyst bed to measure the temperature.
    (3) For all thermal oxidizers and catalytic oxidizers, you must meet 
the requirements in paragraphs (a) and (c)(3)(i) through (ii) of this 
section for each gas temperature monitoring device. For the purposes of 
this paragraph (c)(3), a thermocouple is part of the temperature sensor.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a minimum accuracy of 1.2 degrees Celsius or 1 percent 
of the temperature value in degrees Celsius, whichever is larger.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing gas 
(e.g., steam or nitrogen) mass flow for each regeneration cycle, the 
carbon bed temperature after each regeneration and cooling cycle, and 
comply with paragraphs (a)(3) through (5) and (d)(1) and (2) of this 
section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having an accuracy of 10 
percent capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must have a minimum accuracy 
of 1.2 degrees Celsius or 1 
percent of the temperature value in degrees Celsius, whichever is 
larger, and must be capable of recording the temperature within 15 
minutes of completing any carbon bed cooling cycle.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The gas temperature monitor must have a minimum accuracy of 
1 percent of the temperature recorded in degrees 
Celsius or 1.2 degrees Celsius, whichever is 
greater.
    (2) The temperature monitor must provide a continuous gas 
temperature record.
    (f) Concentrators. If you are using a concentrator such as a zeolite 
wheel or rotary carbon bed concentrator, you must comply with the 
requirements in paragraphs (f)(1) through (4) of this section.
    (1) You must install a temperature monitor at the inlet to the 
desorption/reactivation zone of the concentrator. The temperature 
monitor must meet the requirements in paragraphs (a) and (c)(3) of this 
section.
    (2) You must select an indicator(s) of performance of the 
desorption/reactivation fan operation, such as speed, power, static 
pressure, or flow rate.
    (3) You must monitor the rotational speed of the concentrator in 
revolutions per hour.
    (4) You must verify the performance of the adsorbent material by 
examining representative samples and testing adsorbent activity per the 
manufacturer's recommendations.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 
FR 10854, Feb. 25, 2020]

Compliance Requirements for the Control Efficiency/Outlet Concentration 
                                 Option



Sec. 63.3550  By what date must I conduct performance tests and 
initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed source, you must meet the requirements of paragraphs 
(a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date

[[Page 711]]

specified in Sec. 63.3483. You must conduct according to the schedule 
in paragraphs (a)(1)(i) and (ii) of this section initial and periodic 
performance tests of each capture system and add-on control device 
according to Sec. Sec. 63.3553, 63.3554, and 63.3555 and establish the 
operating limits required by Sec. 63.3492.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec. 63.3492 no later than 180 days after 
the applicable compliance date specified in Sec. 63.3483.
    (ii) If you are not required to complete periodic performance tests 
as a requirement of renewing your facility's operating permit under 40 
CFR part 70 or 40 CFR part 71, you must conduct the first periodic 
performance test before March 25, 2023, unless you already have 
conducted a performance test on or after March 25, 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. If you are required to 
complete periodic performance tests as a requirement of renewing your 
facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you 
must conduct the periodic testing in accordance with the terms and 
schedule required by your permit conditions.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.3493 no later than the compliance date specified in 
Sec. 63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.3551. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. The initial compliance demonstration includes the results of 
emission capture system and add-on control device performance tests 
conducted according to Sec. 63.3553, 63.3554, and 63.3555; the 
operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by Sec. 
63.3557; and documentation of whether you developed and implemented the 
work practice plan required by Sec. 63.3493.
    (4) For the initial compliance demonstration, you do not need to 
comply with the operating limits for the emission capture system and 
add-on control device required by Sec. 63.3492 until after you have 
completed the initial performance tests specified in paragraph (a)(1) of 
this section. Instead, you must maintain a log detailing the operation 
and maintenance of the emission capture system, add-on control device, 
and continuous parameter monitors during the period between the 
compliance date and the performance test. You must begin complying with 
the operating limits established based on the initial performance tests 
specified in paragraph (a)(1) of this section on the date you complete 
the performance tests.
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.3483. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.3541(i), you must conduct according to the schedule in paragraphs 
(a)(1)(i) and (ii) of this section initial and periodic performance 
tests of each capture system and add-on control device according to the 
procedures in Sec. Sec. 63.3543, 63.3544, and 63.3545 and establish the 
operating limits required by Sec. 63.3492.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec. 63.3492 no later than 180 days after 
the applicable compliance date specified in Sec. 63.3483.
    (ii) If you are not required to complete periodic performance tests 
as a requirement of renewing your facility's operating permit under 40 
CFR part 70 or 40 CFR part 71, you must conduct the first periodic 
performance test before March 25, 2023, unless you already have 
conducted a performance test on or after March 25, 2018. Thereafter you

[[Page 712]]

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. If you are required to 
complete periodic performance tests as a requirement of renewing your 
facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you 
must conduct the periodic testing in accordance with the terms and 
schedule required by your permit conditions.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.3493 no later than the compliance date specified in 
Sec. 63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.3551. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. The initial compliance demonstration includes the results of 
emission capture system and add-on control device performance tests 
conducted according to Sec. Sec. 63.3553, 63.3554, and 63.3555; the 
operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by Sec. 
63.3557; and documentation of whether you developed and implemented the 
work practice plan required by Sec. 63.3493.

[68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10854, Feb. 25, 2020]



Sec. 63.3551  How do I demonstrate initial compliance?

    (a) You may use the control efficiency/outlet concentration option 
for any coating operation, for any group of coating operations within a 
subcategory or coating type segment, or for all of the coating 
operations within a subcategory or coating type segment. You must use 
the compliant material option, the emission rate without add-on controls 
option, or the emission rate with add-on controls option for any coating 
operation in the affected source for which you do not use the control 
efficiency/outlet concentration option. To demonstrate initial 
compliance, the coating operation(s) for which you use the control 
efficiency/outlet concentration option must meet the applicable levels 
of emission reduction in Sec. 63.3490. You must conduct a separate 
initial compliance demonstration for each one and two-piece draw and 
iron can body coating, sheetcoating, three-piece can body assembly 
coating, and end coating affected source. You must meet all the 
requirements of this section to demonstrate initial compliance with the 
emission limitations. When calculating the organic HAP emission rate 
according to this section, do not include any coatings or thinners used 
on coating operations for which you use the compliant material option, 
the emission rate without add-on controls option, or the emission rate 
with add-on controls option. You do not need to redetermine the mass of 
organic HAP in coatings or thinners that have been reclaimed onsite and 
reused in the coating operation(s) for which you use the emission rate 
with add-on controls option.
    (b) Compliance with operating limits. You must establish and 
demonstrate continuous compliance during the initial compliance period 
with the operating limits required by Sec. 63.3492, using the 
procedures specified in Sec. Sec. 63.3556 and 63.3557.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.3493 during the initial compliance period as 
specified in Sec. 63.3512.
    (d) Compliance demonstration. To demonstrate initial compliance, the 
coating operation(s) for which you use the control efficiency/outlet 
concentration option must meet the applicable levels of emission 
reduction in Sec. 63.3490. You must keep all records applicable to the 
control efficiency/outlet concentration option as required by Sec. Sec. 
63.3512 and 63.3513. As part of the Notification of Compliance Status 
required by Sec. 63.3510, you must identify the coating operation(s) 
for which you used the control efficiency/outlet concentration option 
and submit a statement that the coating operation(s) was in compliance

[[Page 713]]

with the emission limitations during the initial compliance period 
because you achieved the operating limits required by Sec. 63.3492 and 
the work practice standards required by Sec. 63.3493.



Sec. 63.3552  How do I demonstrate continuous compliance with 
the emission limitations?

    (a) To demonstrate continuous compliance with the emission 
limitations using the control efficiency/outlet concentration option, 
the organic HAP emission rate for each compliance period must be equal 
to or less than 20 ppmvd or must be reduced by the amounts specified in 
Sec. 63.3490. A compliance period consists of 12 months. Each month 
after the end of the initial compliance period described in Sec. 
63.3550 is the end of a compliance period consisting of that month and 
the preceding 11 months.
    (b) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.3492 that applies to you, as specified in 
Table 4 to this subpart. If an operating parameter is out of the allowed 
range specified in Table 4 to this subpart, this is a deviation from the 
operating limit that must be reported as specified in Sec. Sec. 
63.3510(b)(6) and 63.3511(a)(7).
    (c) You must meet the requirements for bypass lines in Sec. 
63.3557(b). If any bypass line is opened and emissions are diverted to 
the atmosphere when the coating operation is running, this is a 
deviation that must be reported as specified in Sec. Sec. 63.3510(b)(6) 
and 63.3511(a)(7). For purposes of demonstrating compliance, you must 
treat the materials used during a deviation on a controlled coating 
operation as if they were used on an uncontrolled coating operation for 
the time period of the deviation.
    (d) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.3493. If you did not develop a work 
practice plan or you did not implement the plan or you did not keep the 
records required by Sec. 63.3512(j)(8), this is a deviation from the 
work practice standards that must be reported as specified in Sec. Sec. 
63.3510(b)(6) and 63.3511(a)(7).
    (e) As part of each semiannual compliance report required in Sec. 
63.3511, you must identify the coating operation(s) for which you used 
the control efficiency/outlet concentration option. If there were no 
deviations from the operating limits or work practice standards, submit 
a statement that you were in compliance with the emission limitations 
during the reporting period because the organic HAP emission rate for 
each compliance period was less than 20 ppmvd or was reduced by the 
amount specified in Sec. 63.3490, and you achieved the operating limits 
required by Sec. 63.3492 and the work practice standards required by 
Sec. 63.3493 during each compliance period.
    (f) [Reserved]
    (g) Before August 24, 2020, consistent with Sec. Sec. 63.6(e) and 
63.7(e)(1), deviations that occur during a period of startup, shutdown, 
or malfunction of the emission capture system, add-on control device, or 
coating operation that may affect emission capture or control device 
efficiency 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 you identify as a startup, shutdown, or 
malfunction are violations, according to the provisions in Sec. 
63.6(e). On and after August 24, 2020 deviations that occur due to 
malfunction of the emission capture system, add-on control device, or 
coating operation that may affect emission capture or control device 
efficiency are required to operate in accordance with Sec. 63.3500(b). 
The Administrator will determine whether the deviations are violations 
according to the provisions in Sec. 63.3500(b).
    (h) You must maintain records applicable to the control efficiency/
outlet concentration option as specified in Sec. Sec. 63.3512 and 
63.3513.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 20464, Apr. 20, 2006; 
85 FR 10855, Feb. 25, 2020]



Sec. 63.3553  What are the general requirements for performance tests?

    (a) Before August 24, 2020, you must conduct each performance test 
required by Sec. 63.3550 according to the requirements in Sec. 
63.7(e)(1) and under the conditions in this section unless you obtain a 
waiver of the performance test

[[Page 714]]

according to the provisions in Sec. 63.7(h). On and after August 24, 
2020, you must conduct each performance test required by Sec. 63.3550 
according to the requirements in this section unless you obtain a waiver 
of the performance test according to the provisions in Sec. 63.7(h).
    (1) Representative coating operating conditions. You must conduct 
the performance test under representative operating conditions for the 
coating operation(s). Operations during periods of startup, shutdown, or 
nonoperation do not constitute representative conditions for purposes of 
conducting a performance test. The owner or operator 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.
    (2) Representative emission capture system and add-on control device 
operating conditions. You must conduct the performance test when the 
emission capture system and add-on control device are operating at a 
representative flow rate, and the add-on control device is operating at 
a representative inlet concentration. You must record information that 
is necessary to document emission capture system and add-on control 
device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.3554. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec. 63.3555.

[68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10855, Feb. 25, 2020]



Sec. 63.3554  How do I determine the emission capture system efficiency?

    The capture efficiency of your emission capture system must be 100 
percent to use the control efficiency/outlet concentration option. You 
may assume the capture system efficiency is 100 percent if both of the 
conditions in paragraphs (a) and (b) of this section are met.
    (a) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the 
enclosure to an add-on control device.
    (b) All coatings and thinners used in the coating operation are 
applied within the capture system, and coating solvent flash-off, 
curing, and drying occurs within the capture system. This criterion is 
not met if parts enter the open shop environment when being moved 
between a spray booth and a curing oven.



Sec. 63.3555  How do I determine the outlet THC emissions and add-on
control device emission destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine either the outlet THC emissions or add-on control device 
emission destruction or removal efficiency as part of the performance 
tests required by Sec. 63.3550. You must conduct three test runs as 
specified in Sec. 63.7(e)(3), and each test run must last at least 1 
hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR part 
60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight. You may 
also use as an alternative to Method 3B, the manual method for measuring 
the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas 
in ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 10, 
Instruments and Apparatus]'' (incorporated by reference, see Sec. 
63.14).
    (4) Use Method 4 of appendix A to 40 CFR part 60 to determine stack 
gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight,

[[Page 715]]

and stack gas moisture must be performed, as applicable, during each 
test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously using 
either Method 25 or 25A of appendix A-7 to 40 CFR part 60 as specified 
in paragraphs (b)(1) through (3) of this section. You must use the same 
method for both the inlet and outlet measurements.
    (1) Use Method 25 of appendix A-7 to 40 CFR part 60 if the add-on 
control device is an oxidizer, and you expect the total gaseous organic 
concentration as carbon to be more than 50 ppm at the control device 
outlet.
    (2) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-on 
control device is an oxidizer, and you expect the total gaseous organic 
concentration as carbon to be 50 ppm or less at the control device 
outlet.
    (3) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-on 
control device is not an oxidizer.
    (4) You may use Method 18 of appendix A-6 to 40 CFR part 60 to 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon.
    (5) Alternatively, any other test method or data that have been 
validated according to the applicable procedures in Method 301 of 40 CFR 
part 63, appendix A, and approved by the Administrator may be used.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator with 
an outlet for the high-volume dilute stream that has been treated by the 
concentrator and a second add-on control device is an oxidizer with an 
outlet for the low-volume, concentrated stream that is treated with the 
oxidizer, you must measure emissions at the outlet of the oxidizer and 
the high-volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic emissions 
mass flow rates for the inlet and outlet of the add-on control device 
using Equation 1 of this section. If there is more than one inlet or 
outlet to the add-on control device, you must calculate the total 
gaseous organic mass flow rate using Equation 1 of this section for each 
inlet and each outlet and then total all of the inlet emissions and 
total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TR13NO03.023

Where:

Mf = Total gaseous organic emissions mass flow rate, kg/h.
Cc = The concentration of organic compounds as carbon in the 
          vent gas, as determined by Method 25 or Method 25A, ppmvd.
Qsd = Volumetric flow rate of gases entering or exiting the 
          add-on control device, as determined by Method 2, 2A, 2C, 2D, 
          2F, or 2G, dry standard cubic meters/hour (dscm/h).
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
          (mol/m\3\) (@ 293 Kelvin (K) and 760 millimeters of mercury 
          (mmHg)).

    Note: If Mf is calculated in English units (lb/h), the 
conversion factor for molar volume is 0.00256 lb-moles per cubic foot 
(mol/ft\3\).

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency using Equation 2 of this 
section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.024

Where:

DRE = Organic emissions destruction or removal efficiency of the add-on 
          control device, percent.
Mfi = Total gaseous organic emissions mass flow rate at the 
          inlet(s) to the add-on control device, using Equation 1 of 
          this section, kg/h.
Mfo = Total gaseous organic emissions mass flow rate at the 
          outlet(s) of the add-on control device, using Equation 1 of 
          this section, kg/h.


[[Page 716]]


    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.

[68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10855, Feb. 25, 2020]



Sec. 63.3556  How do I establish the emission capture system and
add-on control device operating limits during the performance test?

    During the performance tests required by Sec. 63.3550 and described 
in Sec. Sec. 63.3553, 63.3554, and 63.3555, you must establish the 
operating limits required by Sec. 63.3492 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec. 63.8(f) as specified in Sec. 63.3492.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During performance tests, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of the 
three test runs. You must monitor the temperature in the firebox of the 
thermal oxidizer or immediately downstream of the firebox before any 
substantial heat exchange occurs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average combustion 
temperature maintained during the performance test. That average 
combustion temperature is the minimum operating limit for your thermal 
oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During performance tests, you must monitor and record the 
temperature at the inlet to the catalyst bed and the temperature 
difference across the catalyst bed at least once every 15 minutes during 
each of the three test runs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature at the 
inlet to the catalyst bed and the average temperature difference across 
the catalyst bed maintained during the performance test. The average 
temperature difference is the minimum operating limit for your catalytic 
oxidizer.
    (3) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet to 
the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During performance tests, you must monitor and 
record the temperature at the inlet to the catalyst bed at least once 
every 15 minutes during each of the three test runs. Use the data 
collected during each performance test to calculate and record the 
average temperature at the inlet to the catalyst bed during the 
performance test. That is the minimum operating limit for your catalytic 
oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, at 
a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) 
of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the burner 
assembly and fuel supply lines for problems and, as necessary, adjust 
the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendations and conduct a new performance test to 
determine destruction efficiency according to Sec. 63.3555.

[[Page 717]]

    (c) Regenerative oxidizers. If your add-on control device is a 
regenerative oxidizer, establish operating limits according to 
paragraphs (c)(1) and (2) of this section.
    (1) You must establish all applicable operating limits according to 
paragraphs (a) and (b) of this section.
    (2) You must submit a valve inspection plan that documents the steps 
taken to minimize the amount of leakage during the regenerative process. 
This plan can include, but is not limited to, routine inspection of key 
parameters of the valve operating system (e.g., solenoid valve 
operation, air pressure, hydraulic pressure), visual inspection of the 
valves during internal inspections, and/or actual testing of the 
emission stream for leakage.
    (d) Carbon adsorbers. If your add-on control device is a carbon 
adsorber, establish the operating limits according to paragraphs (d)(1) 
and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing gas 
(e.g., steam or nitrogen) mass flow for each regeneration cycle, and the 
carbon bed temperature after each carbon bed regeneration and cooling 
cycle for the regeneration cycle either immediately preceding or 
immediately following performance tests.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle and 
the maximum carbon bed temperature recorded after the cooling cycle.
    (e) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (e)(1) and (2) of 
this section.
    (1) During performance tests, monitor and record the condenser 
outlet (product side) gas temperature at least once every 15 minutes 
during each of the three test runs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average condenser outlet 
(product side) gas temperature maintained during the performance test. 
This average condenser outlet gas temperature is the maximum operating 
limit for your condenser.
    (f) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (f)(1) through (7) of this section.
    (1) During performance tests, monitor and record the inlet 
temperature to the desorption/reactivation zone of the concentrator at 
least once every 15 minutes during each of the three runs of the 
performance test.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature. This 
is the minimum operating limit for the desorption/reactivation zone 
inlet temperature.
    (3) During performance tests, monitor and record an indicator(s) of 
performance for the desorption/reactivation fan operation at least once 
every 15 minutes during each of the three runs of the performance test. 
The indicator can be speed in rpm, power in amps, static pressure, or 
flow rate.
    (4) Establish a suitable range for the parameter(s) selected based 
on the system design specifications, historical data, and/or data 
obtained concurrent with an emissions performance test. This is the 
operation limit range for the desorption/reactivation fan operation.
    (5) During performance tests, monitor the rotational speed of the 
concentrator at least once every 15 minutes during each of the three 
runs of a performance test.
    (6) For each performance test, use the data collected during the 
performance test to calculate and record the average rotational speed. 
This is the minimum operating limit for the rotational speed of the 
concentrator. However, the indicator range for the rotational speed may 
be changed if an engineering evaluation is conducted and a determination 
made that the change in speed will not affect compliance with the 
emission limit.
    (7) Develop and implement an inspection and maintenance plan for the 
concentrator(s) that you elect to monitor according to paragraph (f) of 
this section. The plan must include, at a minimum, annual sampling and 
analysis of the absorbent material (i.e., adsorbent

[[Page 718]]

activity) following the manufacturer's recommended procedures.
    (g) Emission capture systems. For each capture device that is part 
of a PTE that meets the criteria of Sec. 63.3554, the operating limit 
for a PTE is specified in Table 4 to this subpart.

[68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10855, Feb. 25, 2020]



Sec. 63.3557  What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), and (f) of this section according to 
paragraphs (a)(1) through (6) of this section. You must install, 
operate, and maintain each CPMS specified in paragraphs (b) and (d) of 
this section according to paragraphs (a)(3) through (5) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period.
    (2) You must determine the average of all recorded readings for each 
successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, and 
validation check of the CPMS.
    (4) You must maintain the CPMS at all times in accordance with Sec. 
63.3500(b) and have readily available necessary parts for routine 
repairs of the monitoring equipment.
    (5) You must operate the CPMS and collect emission capture system 
and add-on control device parameter data at all times in accordance with 
Sec. 63.3500(b) that a controlled coating operation is operating, 
except during monitoring malfunctions, associated repairs, and required 
quality assurance or control activities (including, if applicable, 
calibration checks and required zero and span adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out of control periods, or required quality 
assurance or control activities when calculating data averages. You must 
use all the data collected during all other periods in calculating the 
data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused, in part, by poor maintenance or 
careless operation are not malfunctions. Before August 24, 2020, any 
period for which the monitoring system is out of control and data are 
not available for required calculations is a deviation from the 
monitoring requirements. On and after August 24, 2020, except for 
periods of required quality assurance or control activities, any period 
for which the CPMS fails to operate and record data continuously as 
required by paragraph (a)(5) of this section, or generates data that 
cannot be included in calculating averages as specified in (a)(6) of 
this section constitutes a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraph (b)(1) or (2) of this section for each emission capture system 
that contains bypass lines that could divert emissions away from the 
add-on control device to the atmosphere.
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. The flow indicator shall 
be installed at the entrance to any bypass line.
    (2) Secure the bypass line valve in the nondiverting position with a 
car-seal or lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure the valve is maintained in the nondiverting position, and the 
vent stream is not diverted through the bypass line.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section.
    (1) For a thermal oxidizer, install a gas temperature monitor in the 
firebox of the thermal oxidizer or in the duct

[[Page 719]]

immediately downstream of the firebox before any substantial heat 
exchange occurs.
    (2) For a catalytic oxidizer, install a gas temperature monitor 
according to paragraph (c)(2)(i) or (ii) of this section.
    (i) If you establish operating limits according to Sec. 
63.3556(b)(1) and (2), then you must install the gas temperature 
monitors both upstream and downstream of the catalyst bed. The 
temperature monitors must be in the gas stream at the inlet to and the 
outlet of the catalyst bed to measure the temperature difference across 
the bed.
    (ii) If you establish operating limits according to Sec. 
63.3556(b)(3) and (4), then you must install a gas temperature monitor 
upstream of the catalyst bed. The temperature monitor must be in the gas 
stream at the inlet to the catalyst bed to measure the temperature.
    (3) For all thermal oxidizers and catalytic oxidizers, you must meet 
the requirements in paragraphs (a) and (c)(3)(i) through (ii) of this 
section for each gas temperature monitoring device. For the purposes of 
this paragraph (c)(3), a thermocouple is part of the temperature sensor.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a minimum accuracy of 1.2 degrees Celsius or 1 percent 
of the temperature value in degrees Celsius, whichever is larger.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing gas 
(e.g., steam or nitrogen) mass flow for each regeneration cycle, the 
carbon bed temperature after each regeneration and cooling cycle, and 
comply with paragraphs (a)(3) through (5) and (d)(1) and (2) of this 
section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having an accuracy of 10 
percent capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must have a minimum accuracy 
of 1.2 degrees Celsius or 1 
percent of the temperature value in degrees Celsius, whichever is 
larger, and must be capable of recording the temperature within 15 
minutes of completing any carbon bed cooling cycle.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The gas temperature monitor must have a minimum accuracy of 
1.2 degrees Celsius or 1 
percent of the temperature value in degrees Celsius, whichever is 
larger.
    (2) The temperature monitor must provide a continuous gas 
temperature record.
    (f) Concentrators. If you are using a concentrator such as a zeolite 
wheel or rotary carbon bed concentrator, you must comply with the 
requirements in paragraphs (f)(1) through (4) of this section.
    (1) You must install a temperature monitor at the inlet to the 
desorption/reactivation zone of the concentrator. The temperature 
monitor must meet the requirements in paragraphs (a) and (c)(3) of this 
section.
    (2) You must select an indicator(s) of performance of the 
desorption/reactivation fan operation, such as speed, power, static 
pressure, or flow rate.
    (3) You must monitor the rotational speed of the concentrator in 
revolutions per hour.
    (4) You must verify the performance of the adsorbent material by 
examining representative samples and testing adsorbent activity per the 
manufacturer's recommendations.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 
FR 10856, Feb. 25, 2020]

                   Other Requirements and Information



Sec. 63.3560  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 
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.

[[Page 720]]

You should contact your 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 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 listed in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the work practice standards in Sec. 
63.3493.
    (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. 63.3561  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:
    Add-on control means an air pollution control device, such as a 
thermal oxidizer or carbon adsorber, that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.
    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together.
    Aerosol can means any can into which a pressurized aerosol product 
is packaged.
    Aseptic coating means any coating that must withstand high 
temperature steam, chemicals, or a combination of both used to sterilize 
food cans prior to filling.
    Can body means a formed metal can, excluding the unattached end(s).
    Can end means a can part manufactured from metal substrate equal to 
or thinner than 0.3785 millimeters (mm) (0.0149 inch) for the purpose of 
sealing the ends of can bodies including nonmetal or composite can 
bodies.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to collect 
emissions generated by a coating operation in the use of coatings, both 
at the point of application and at subsequent points where emissions 
from the coatings occur, such as flash-off, drying, or curing.
    Cleaning material means a solvent used to remove contaminants and 
other materials such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting) from a substrate before or after coating application 
or from equipment associated with a coating operation, such as spray 
booths, spray guns, racks, tanks, and hangers. Thus, it includes any 
cleaning material used on substrates or equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, caulks, inks, adhesives, and maskants. 
Fusion pastes, ink jet markings, mist solutions, and lubricants, as well 
as decorative, protective, or functional materials that consist only of 
protective oils for metal, acids, bases, or any combination of these 
substances, are not considered coatings for the purposes of this 
subpart.
    Coating operation means equipment used to apply coating to a metal 
can or end (including decorative tins), or metal crown or closure, and 
to dry or cure the coating after application. A coating operation always 
includes at least the point at which a coating is applied and all 
subsequent points in the affected source where organic HAP emissions 
from that coating occur. There may be multiple coating operations in an 
affected source. Coating application with hand-held nonrefillable 
aerosol containers, touch-up markers, or marking pens is not a coating 
operation for the purposes of this subpart.

[[Page 721]]

    Coating solids means the nonvolatile portion of a coating that makes 
up the dry film.
    Continuous parameter monitoring system (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 coating operation, capture 
system, or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Crowns and closures means steel or aluminum coverings such as bottle 
caps and jar lids for containers other than can ends.
    Decorative tin means a single-walled container, designed to be 
covered or uncovered that is manufactured from metal substrate equal to 
or thinner than 0.3785 mm (0.0149 inch) and is normally coated on the 
exterior surface with decorative coatings. Decorative tins may contain 
foods but are not hermetically sealed and are not subject to food 
processing steps such as retort or pasteurization. Interior coatings are 
not usually applied to protect the metal and contents from chemical 
interaction.
    Deviation, before August 24, 2020, 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 limit, 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 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 limit, 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.
    Deviation, on and after August 24, 2020, 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 limit, 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 and that is included in the 
operating permit for any affected source required to obtain such a 
permit.
    Drum means a cylindrical metal container with walls of 29 gauge or 
thicker and a capacity greater than 45.4 liters (12 gal).
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Enclosure means a structure that surrounds a source of emissions and 
captures and directs the emissions to an add-on control device.
    End coating means the application of end seal compound or repair 
spray on can ends during manufacturing.
    End seal compound means the coating applied onto ends of cans that 
functions to seal the end(s) of a can to the can body.
    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds are 
listed in 40 CFR 51.100(s).
    Food can means any can manufactured to contain edible products and 
designed to be hermetically sealed. Does not include decorative tins.
    Fusion paste means a material used to attach nozzles and other 
miscellaneous parts to general line cans.
    General line can means any can manufactured to contain inedible 
products. Does not include aerosol cans or decorative tins.
    Ink jet marking means the ink and makeup fluid used for date code 
and other identification markings on a can for the marking on a can 
indicating when food in a can has completed the retort process.
    Inside spray means a coating sprayed on the interior of a can body 
to provide a protective film between the can and its contents.
    Lubricant means an organic liquid used as a lubricating agent to 
facilitate

[[Page 722]]

the handling and fabrication (e.g., tab making, stamping, or necking) of 
can bodies or ends.
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material with the test methods specified in 
Sec. 63.3521. Manufacturer's formulation data may include, but are not 
limited to, information on density, organic HAP content, volatile 
organic matter content, and coating solids content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as kg 
of organic HAP per kg of material.
    Metal can means a single-walled container manufactured from metal 
substrate equal to or thinner than 0.3785 mm (0.0149 inch).
    Mist solution means a hydrocarbon or aqueous solution used as an 
application aid with solvent-based or waterborne end seal compounds to 
prevent compound accumulation on the lining nozzle.
    Month means a calendar month or a pre-specified period of 28 days to 
35 days to allow for flexibility in recordkeeping when data are based on 
a business accounting period.
    Nonaseptic coating means any coating that is not subjected to high 
temperature steam, chemicals, or a combination of both to sterilize food 
cans prior to filling.
    One and two-piece draw and iron can means a steel or aluminum can 
manufactured by the draw and iron process. Includes two-piece beverage 
cans, two-piece food cans, and one-piece aerosol cans.
    One-piece aerosol can means an aerosol can formed by the draw and 
iron process to which no ends are attached and a valve is placed 
directly on top.
    Organic HAP content means the mass of organic HAP per volume of 
coating solids for a coating, calculated using Equation 1 of Sec. 
63.3521. The organic HAP content is determined for the coating in the 
condition it is in when received from its manufacturer or supplier and 
does not account for any alteration after receipt.
    Pail means a cylindrical or rectangular metal container with walls 
of 29 gauge or thicker and a capacity of 7.6 to 45.4 liters (2 to 12 
gal) (for example, bucket).
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Repair spray means a spray coating for post-formed easy-open ends to 
provide additional protection in the scored areas by covering breaks at 
the score location or to provide an additional layer of protective 
coating on the interior of the end for corrosion resistance.
    Research or laboratory equipment means any equipment that is being 
used to conduct research and development of new processes and products, 
when such equipment is operated under the close supervision of 
technically trained personnel and is not engaged in the manufacture of 
final or intermediate products for commercial purposes, except in a de 
minimis manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Sheetcoating means a can manufacturing coating process that involves 
coating of flat metal sheets before they are formed into cans.
    Side seam stripe means a coating applied to the interior and/or 
exterior of the welded or soldered seam of a three-piece can body to 
protect the exposed metal.
    Startup, initial means the first time equipment is brought online in 
a facility.
    Surface preparation means use of a cleaning material on a portion of 
or all of a substrate. That includes use of a cleaning material to 
remove dried

[[Page 723]]

coating which is sometimes called ``depainting.''
    Temporary total enclosure (TTE) means an enclosure constructed for 
the purpose of measuring the capture efficiency of pollutants emitted 
from a given source as defined in Method 204 of appendix M, 40 CFR part 
51.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Three-piece aerosol can means a steel aerosol can formed by the 
three-piece can assembly process manufactured to contain food or nonfood 
products.
    Three-piece can assembly means the process of forming a flat metal 
sheet into a shaped can body which may include the processes of necking, 
flanging, beading, and seaming and application of a side seam stripe 
and/or an inside spray coating.
    Three-piece food can means a steel can formed by the three-piece can 
assembly process manufactured to contain edible products and designed to 
be hermetically sealed.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through 204F of appendix M to 40 CFR part 51 and substituting 
the term TVH each place in the methods where the term VOC is used. The 
TVH includes both VOC and non-VOC.
    Two-piece beverage can means a two-piece draw and iron can 
manufactured to contain drinkable liquids such as beer, soft drinks, or 
fruit juices.
    Two-piece food can means a steel or aluminum can manufactured by the 
draw and iron process and designed to contain edible products other than 
beverages and to be hermetically sealed.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission capture 
system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC in 
40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating; liters of coating solids per liter of coating.
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or discharged.

[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 
FR 10856, Feb. 25, 2020]



  Sec. Table 1 to Subpart KKKK of Part 63--Emission Limits for New or 
                     Reconstructed Affected Sources

    You must comply with the emission limits that apply to your affected 
source in the following table as required by Sec. 63.3490(a) through 
(c).

------------------------------------------------------------------------
                                                      You must meet the
    If you apply surface                              following organic
  coatings to metal cans or       Then for all       HAP emission limit
   metal can parts in this      coatings of this       in kg HAP/liter
       subcategory ...              type ...         solids (lbs HAP/gal
                                                       solids): \a b\
------------------------------------------------------------------------
1. One and two-piece draw     a. Two-piece          0.04 (0.31).
 and iron can body coating.    beverage cans--all   0.06 (0.50).
                               coatings.            0.08 (0.65).
                              b. Two-piece food
                               cans--all coatings.
                              c. One-piece aerosol
                               cans--all coatings.
2. Sheetcoating.............  Sheetcoating........  0.02 (0.17).
3. Three-piece can assembly.  a. Inside spray.....  0.12 (1.03).
                              b. Aseptic side seam  1.48 (12.37).
                               stripes on food
                               cans.
                              c. Nonaseptic side    0.72 (5.96).
                               seam stripes on
                               food cans.
                              d. Side seam stripes  1.18 (9.84).
                               on general line
                               nonfood cans.
                              e. Side seam stripes  1.46 (12.14).
                               on aerosol cans.
4. End coating..............  a. Aseptic end seal   0.06 (0.54).
                               compounds.
                              b. Nonaseptic end     0.00 (0.00).
                               seal compounds.
                              c. Repair spray       0.64 (5.34).
                               coatings.
------------------------------------------------------------------------
\a\ If you apply surface coatings of more than one type within any one
  subcategory you may calculate an OSEL according to Sec. 63.3531(i).
\b\ Rounding differences in specific emission limits are attributable to
  unit conversions.


[[Page 724]]



 Sec. Table 2 to Subpart KKKK of Part 63--Emission Limits for Existing 
                            Affected Sources

    You must comply with the emission limits that apply to your affected 
source in the following table as required by Sec. 63.3490(a) through 
(c).

------------------------------------------------------------------------
                                                      You must meet the
    If you apply surface                              following organic
  coatings to metal cans or       Then for all       HAP emission limit
   metal can parts in this      coatings of this       in kg HAP/liter
       subcategory ...              type ...         solids (lbs HAP/gal
                                                       solids): \a b\
------------------------------------------------------------------------
1. One and two-piece draw     a. Two-piece          0.07 (0.59).
 and iron can body coating.    beverage cans--all   0.06 (0.51).
                               coatings.            0.12 (0.99).
                              b. Two-piece food
                               cans--all coatings.
                              c. One-piece aerosol
                               cans--all coatings.
2. Sheetcoating.............  Sheetcoating........  0.03 (0.26).
3. Three-piece can assembly.  a. Inside spray.....  0.29 (2.43).
                              b. Aseptic side seam  1.94 (16.16).
                               stripes on food
                               cans.
                              c. Nonaseptic side    0.79 (6.57).
                               seam stripes on
                               food cans.
                              d. Side seam stripes  1.18 (9.84).
                               on general line
                               nonfood cans.
                              e. Side seam stripes  1.46 (12.14).
                               on aerosol cans.
4. End coating..............  a. Aseptic end seal   0.06 (0.54).
                               compounds.
                              b. Nonaseptic end     0.00 (0.00).
                               seal compounds.
                              c. Repair spray       2.06 (17.17).
                               coatings.
------------------------------------------------------------------------
\a\ If you apply surface coatings of more than one type within any one
  subcategory you may calculate an OSEL according to Sec. 63.3531(i).
\b\ Rounding differences in specific emission limits are attributable to
  unit conversions.



 Sec. Table 3 to Subpart KKKK of Part 63--Emission Limits for Affected 
  Sources Using the Control Efficiency/Outlet Concentration Compliance 
                                 Option

    You must comply with the emission limits that apply to your affected 
source in the following table as required by Sec. 63.3490(d).

------------------------------------------------------------------------
   If you use the control efficiency/     Then you must comply with one
 outlet concentration option to comply     of the following by using an
 with the emission limitations for any   emissions control system to . .
       coating operation(s) . . .                       .
------------------------------------------------------------------------
1. in a new or reconstructed affected    a. reduce emissions of total
 source.                                  HAP, measured as THC (as
                                          carbon), \a\ by 97 percent; or
                                         b. limit emissions of total
                                          HAP, measured as THC (as
                                          carbon), \a\ to 20 ppmvd at
                                          the control device outlet and
                                          use a PTE.
2. in an existing affected source......  a. reduce emissions of total
                                          HAP, measured as THC (as
                                          carbon), \a\ by 95 percent; or
                                         b. limit emissions of total
                                          HAP, measured as THC (as
                                          carbon), \a\ to 20 ppmvd at
                                          the control device outlet and
                                          use a PTE.
------------------------------------------------------------------------
\a\ You may choose to subtract methane from THC as carbon measurements.



 Sec. Table 4 to Subpart KKKK of Part 63--Operating Limits If Using the 
  Emission Rate With Add-on Controls Option or the Control Efficiency/
                 Outlet Concentration Compliance Option

    If you are required to comply with operating limits by Sec. 
63.3492, you must comply with the applicable operating limits in the 
following table:

----------------------------------------------------------------------------------------------------------------
                                                                                      And you must demonstrate
    For the following device . . .        You must meet the following operating      continuous compliance with
                                                       limit . . .                  the operating limit by . . .
----------------------------------------------------------------------------------------------------------------
1. Thermal oxidizer..................  a. The average combustion temperature in    i. Collecting the combustion
                                        each 3-hour block period must not fall      temperature data according
                                        below the combustion temperature limit      to Sec. 63.3547(c) or Sec.
                                        established according to Sec. 63.3557(c);
                                        63.3546(a) or Sec. 63.3556(a).           ii. Reducing the data to 3-
                                                                                    hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average combustion
                                                                                    temperature at or above the
                                                                                    temperature limit
                                                                                    established according to
                                                                                    Sec. 63.3546(a) or Sec.
                                                                                    63.3556(a).

[[Page 725]]

 
2. Catalytic oxidizer................  a. The average temperature difference       i. Collecting the temperature
                                        across the catalyst bed in each 3-hour      data according to Sec.
                                        period does not fall below the              63.3547(c) or Sec.
                                        temperature difference limit established    63.3578(c);
                                        according to Sec. 63.3546(b)(2) or Sec. ii. Reducing the data to 3-
                                          63.3556(b)(2); or                         hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average temperature
                                                                                    difference at or above the
                                                                                    temperature difference limit
                                                                                    established according to
                                                                                    Sec. 63.3546(b)(2) or Sec.
                                                                                      63.3556(b)(2).
                                       b. The average temperature measured at the  i. Collecting the temperature
                                        inlet to the catalyst bed in each 3-hour    data according to Sec.
                                        block period must not fall below the        63.3547(c) or Sec.
                                        limit established according to Sec. 63.3557(c); and
                                        63.3546(b) or Sec. 63.3556(b); and       ii. Reducing the data to 3-
                                                                                    hour block averages, and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average temperature at
                                                                                    the inlet to the catalyst
                                                                                    bed at or above the
                                                                                    temperature limit
                                                                                    established according to
                                                                                    Sec. 63.3546(b) or Sec.
                                                                                    63.3556(b).
                                       c. Develop and implement an inspection and  Maintaining an up-to-date
                                        maintenance plan according to Sec. inspection plan, records of
                                        63.3546(b)(4) or Sec. 63.3556(b)(4).      annual catalyst activity
                                                                                    checks, records of monthly
                                                                                    inspections of the oxidizer
                                                                                    system, and records of the
                                                                                    annual internal inspections
                                                                                    of the catalyst bed. If a
                                                                                    problem is discovered during
                                                                                    a monthly or annual
                                                                                    inspection required by Sec.
                                                                                     63.3546(b)(4) or Sec.
                                                                                    63.3556(b)(4), you must take
                                                                                    corrective action as soon as
                                                                                    practicable consistent with
                                                                                    the manufacturer's
                                                                                    recommendations.
3. Regenerative oxidizers............  a. Develop and implement a valve            Maintaining an up-to-date
                                        inspection plan according to Sec. valve inspection plan. If a
                                        63.3546(c) or Sec. 63.3546(c); and        problem is discovered during
                                        either                                      an inspection required by
                                                                                    Sec. 63.3556(c), or Sec.
                                                                                    63.3556(c), you must take
                                                                                    corrective action as soon as
                                                                                    soon as practicable.
                                       b. If you are using a regenerative thermal  See all applicable items in
                                        oxidizer, follow the operating limits       1.a of this table.
                                        according to 1.a of this table; or
                                       c. If you are using a regenerative          See all applicable items in
                                        catalytic oxidizer, follow the operating    2.a, 2.b, and 2.c of this
                                        limits according to item 2.a of this        table.
                                        table.
4. Carbon adsorber...................  a. The total regeneration desorbing gas     i. Measuring the total
                                        (e.g., steam or nitrogen) mass flow for     regeneration desorbing gas
                                        each carbon bed regeneration cycle must     (e.g., steam or nitrogen)
                                        not fall below the total regeneration       mass flow for each
                                        desorbing gas mass flow limit established   regeneration cycle according
                                        according to Sec. 63.3546(d) or Sec. to Sec. 63.3547(d) or Sec.
                                        63.3556(d).                                   63.3557(d); and
                                                                                   ii. Maintaining the total
                                                                                    regeneration desorbing gas
                                                                                    mass flow at or above the
                                                                                    mass flow limit.
                                       b. The temperature of the carbon bed,       i. Measuring the temperature
                                        after completing each regeneration and      of the carbon bed, after
                                        any cooling cycle, must not exceed the      completing each regeneration
                                        carbon bed temperature limit established    and any cooling cycle,
                                        according to Sec. 63.3546(d) or Sec. according to Sec.
                                        63.3556(d).                                 63.3547(d) or Sec.
                                                                                    63.3557(d); and
                                                                                   ii. Operating the carbon beds
                                                                                    such that each carbon bed is
                                                                                    not returned to service
                                                                                    until completing each
                                                                                    regeneration and any cooling
                                                                                    cycle until the recorded
                                                                                    temperature of the carbon
                                                                                    bed is at or below the
                                                                                    temperature limit.
5. Condenser.........................  a. The average condenser outlet (product    i. Collecting the condenser
                                        side) gas temperature in each 3-hour        outlet (product side) gas
                                        period must not exceed the temperature      temperature according to
                                        limit established according to Sec. Sec. 63.3547(e) or Sec.
                                        63,3546(e) or Sec. 63.3556(e).            63.3557(e);
                                                                                   ii. Reducing the data to 3-
                                                                                    hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average gas
                                                                                    temperature at the outlet at
                                                                                    or below the temperature
                                                                                    limit.

[[Page 726]]

 
6. Concentrators, including zeolite    a. The average inlet temperature measured   i. Collecting the temperature
 wheels and rotary carbon absorbers.    from the desorption reactivation zone in    data including zeolite inlet
                                        each 3-hour block period must not fall      temperature according to
                                        below the limit established according to    Sec. 63.3547(f)
                                        Sec. 63.3546(f) or Sec. 63.3556(f).    ii. Reducing the data to 3-
                                                                                    hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average temperature at
                                                                                    or above the temperature
                                                                                    limit.
                                       b. The indicator of performance for the     i. Collecting the indicator
                                        desorption reactivation fan operation in    data according to Sec.
                                        each 3-hour block period must not fall      63.3547(f) or Sec.
                                        outside of the range established            63.3557(f); and
                                        according to Sec. 63.3547(f) or Sec. ii. Maintaining the indicator
                                        63.3556(f).                                 data within the range
                                                                                    established.
                                       c. The nominal rotational speed of the      i. Collecting the rotational
                                        concentrator in each 3-hour block period    speed according to Sec.
                                        must not fall below the speed established   63.3547(f) or Sec.
                                        according to Sec. 63.3546(f) or Sec. 63.3557(f);
                                        63.3556(f).                                ii. Reducing the speed data
                                                                                    to 3-hour block averages;
                                                                                    and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average speed at or
                                                                                    above the rotational speed
                                                                                    limit.
                                       d. Develop and implement an inspection and  Maintaining an up-to-date
                                        maintenance plan according to Sec. inspection plan, and records
                                        63.3546(f)(3) or Sec. 63.3556(f)(3).      of annual adsorbent activity
                                                                                    checks. The results shall be
                                                                                    compared to historical
                                                                                    results and/or results for
                                                                                    new adsorbents. If a problem
                                                                                    is discovered during the
                                                                                    annual inspection required
                                                                                    by Sec. 63.3546(f)(3) or
                                                                                    Sec. 63.3556(f)(3), you
                                                                                    must take corrective action
                                                                                    as soon as practicable
                                                                                    consistent with the
                                                                                    manufacturer's
                                                                                    recommendations.
7. Emission capture system that is a   a. The direction of the air flow at all     i. Collecting the direction
 PTE according to Sec. 63.3544(a)     times must be into the enclosure; and       of air of air flow, and
 or Sec. 63.3554(a).                  either                                      either the facial velocity
                                                                                    of air through all natural
                                                                                    draft openings or the
                                                                                    pressure drop across the
                                                                                    enclosure; and
                                                                                   ii. Reducing the data
                                                                                    collected each successive 15-
                                                                                    minute period to 3-hour
                                                                                    block averages according to
                                                                                    Sec. 63.3547(a)(1) and (2)
                                                                                    or Sec. 63.3557(a)(1) and
                                                                                    (2), as applicable; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average facial
                                                                                    velocity of air flow through
                                                                                    all natural draft openings
                                                                                    or the pressure drop at or
                                                                                    above the facial velocity
                                                                                    limit or pressure drop
                                                                                    limit, and maintaining the
                                                                                    direction of air flow into
                                                                                    the enclosure at all times.
                                       b. The average facial velocity of air       See items 7.a.i and ii of
                                        through all natural draft openings in the   this table.
                                        enclosure must be at least 200 feet per
                                        minute; or
                                       c. The pressure drop across the enclosure   See items 7.a.i and ii of
                                        must be at least 0.007 inch H20, as         this table.
                                        established in Method 204 of appendix M
                                        to 40 CFR part 51.

[[Page 727]]

 
8. Emission capture system that is     a. The average gas volumetric flow rate at  i. Measuring the gas
 not a PTE according to Sec. a location upstream of the control          volumetric flow at a
 63.3544(a).                            device, or duct static pressure at a        location upstream of the
                                        location upstream (i.e., vacuum side) of    control device, or duct
                                        the primary fan in each duct of each        static pressure at a
                                        capture device or upstream of the fan       location upstream (i.e.,
                                        that is common to multiple capture          vacuum side) of the primary
                                        devices in each 3-hour period must not      fan in each duct of each
                                        fall below the average volumetric flow      capture device upstream or
                                        rate or above the duct static pressure      upstream of the fan that is
                                        limit established for that capture device   common to multiple capture
                                        in accordance with Sec. 63.3546 or Sec. devices; and
                                          63.3556, as applicable.                  ii. Reducing the data
                                                                                    collected each successive 15-
                                                                                    minute period to 3-hour
                                                                                    block averages according to
                                                                                    Sec. 63.3547(a)(1) and (2)
                                                                                    or Sec. 63.3557(a)(1) and
                                                                                    (2), as applicable; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average gas volumetric
                                                                                    flow rate at a location
                                                                                    upstream of the control
                                                                                    device, or duct static
                                                                                    pressure at a location
                                                                                    upstream (i.e., vacuum side)
                                                                                    of the primary fan in each
                                                                                    duct of each capture device
                                                                                    or upstream of the fan that
                                                                                    is common to multiple
                                                                                    capture devices at or above
                                                                                    the average gas volumetric
                                                                                    flow rate or below the duct
                                                                                    static pressure limit
                                                                                    established in accordance
                                                                                    with the performance test
                                                                                    described in Sec.
                                                                                    63.3546(g).
----------------------------------------------------------------------------------------------------------------


[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006]



   Sec. Table 5 to Subpart KKKK of Part 63--Applicability of General 
                       Provisions to Subpart KKKK

    You must comply with the applicable General Provisions requirements 
according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    KKKK                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(4)................  General Applicability..  Yes....................
Sec. 63.1(a)(6)....................  Source Category Listing  Yes....................
Sec. 63.1(a)(10)-(12)..............  Timing and Overlap       Yes....................
                                        Clarifications.
Sec. 63.1(b)(1)....................  Initial Applicability    Yes....................  Applicability to
                                        Determination.                                    subpart KKKK is also
                                                                                          specified in Sec.
                                                                                          63.3481.
Sec. 63.1(b)(3)....................  Applicability            Yes....................
                                        Determination
                                        Recordkeeping.
Sec. 63.1(c)(1)....................  Applicability after      Yes....................
                                        Standard Established.
Sec. 63.1(c)(2)....................  Applicability of Permit  No.....................  Area sources are not
                                        Program for Area                                  subject to subpart
                                        Sources.                                          KKKK.
Sec. 63.1(c)(5)....................  Extensions and           Yes....................
                                        Notifications.
Sec. 63.1(c)(6)....................  Reclassification.......  Yes....................
Sec. 63.1(e).......................  Applicability of Permit  Yes....................
                                        Program before
                                        Relevant Standard is
                                        Set.
Sec. 63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                          are specified in Sec.
                                                                                           63.3561.
Sec. 63.3..........................  Units and Abbreviations  Yes....................
Sec. 63.4(a)(1)-(2)................  Prohibited Activities..  Yes....................
Sec. 63.4(b)-(c)...................  Circumvention/           Yes....................
                                        Fragmentation.
Sec. 63.5(a).......................  Construction/            Yes....................
                                        Reconstruction.
Sec. 63.5(b)(1), (3), (4), (6).....  Requirements for         Yes....................
                                        Existing, Newly
                                        Constructed, and
                                        Reconstructed Sources.
Sec. 63.5(d)(1)(i)-(ii)(F),          Application for          Yes....................
 (d)(1)(ii)(H), (d)(1)(ii)(J),          Approval of
 (d)(1)(iii), (d)(2)-(4).               Construction/
                                        Reconstruction.
Sec. 63.5(e).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction.
Sec. 63.5(f).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction Based
                                        on Prior State Review.
Sec. 63.6(a).......................  Compliance with          Yes....................
                                        Standards and
                                        Maintenance
                                        Requirements--Applicab
                                        ility.
Sec. 63.6(b)(1)-(5), (b)(7)........  Compliance Dates for     Yes....................  Section 63.3483
                                        New and Reconstructed                             specifies the
                                        Sources.                                          compliance dates.
Sec. 63.6(c)(1), (2), (5)..........  Compliance Dates for     Yes....................  Section 63.3483
                                        Existing Sources.                                 specifies the
                                                                                          compliance dates.

[[Page 728]]

 
Sec. 63.6(e)(1)(i)-(ii)............  Operation and            Yes before August 24,    See Sec. 63.3500(b)
                                        Maintenance.             2020, No on and after    for general duty
                                                                 August 24, 2020.         requirement.
Sec. 63.6(e)(1)(iii)...............  Operation and            Yes....................
                                        Maintenance.
Sec. 63.6(e)(3)(i), (e)(3)(iii)-     SSMP...................  Yes before August 24,
 (ix).                                                           2020, No on and after
                                                                 August 24, 2020.
Sec. 63.6(f)(1)....................  Compliance Except        Yes before August 24,
                                        during Startup,          2020, No on and after
                                        Shutdown, and            August 24, 2020.
                                        Malfunction.
Sec. 63.6(f)(2)-(3)................  Methods for Determining  Yes....................
                                        Compliance.
Sec. 63.6(g).......................  Use of an Alternative    Yes....................
                                        Standard.
Sec. 63.6(h).......................  Compliance with Opacity/ No.....................  Subpart KKKK does not
                                        Visible Emission                                  establish opacity
                                        Standards.                                        standards and does not
                                                                                          require continuous
                                                                                          opacity monitoring
                                                                                          systems (COMS).
Sec. 63.6(i)(1)-(14)...............  Extension of Compliance  Yes....................
Sec. 63.6(i)(16)...................  Compliance Extensions    Yes....................
                                        and Administrator's
                                        Authority.
Sec. 63.6(j).......................  Presidential Compliance  Yes....................
                                        Exemption.
Sec. 63.7(a)(1)....................  Performance Test         Yes....................  Applies to all affected
                                        Requirements--Applicab                            sources. Additional
                                        ility.                                            requirements for
                                                                                          performance testing
                                                                                          are specified in Sec.
                                                                                          Sec. 63.3543,
                                                                                          63.3544, 63.3545,
                                                                                          63.3554, and 63.3555.
Sec. 63.7(a)(2) except (a)(2)(i)-    Performance Test         Yes....................  Applies only to
 (viii).                                Requirements--Dates.                              performance tests for
                                                                                          capture system and
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Sections 63.3540 and
                                                                                          63.3550 specify the
                                                                                          schedule for
                                                                                          performance test
                                                                                          requirements that are
                                                                                          earlier than those
                                                                                          specified in Sec.
                                                                                          63.7(a)(2).
Sec. 63.7(a)(3)....................  Performance Tests        Yes....................
                                        Required by the
                                        Administrator.
Sec. 63.7(b)-(d)...................  Performance Test         Yes....................  Applies only to
                                        Requirements--Notifica                            performance tests for
                                        tion, Quality                                     capture system and add-
                                        Assurance, Facilities                             on control device
                                        Necessary for Safe                                efficiency at sources
                                        Testing, Conditions                               using these to comply
                                        During Test.                                      with the standards.
Sec. 63.7(e)(1)....................  Conduct of Performance   Yes before August 24,    See Sec. Sec.
                                        Tests.                   2020, No on and after    63.3543 and 63.3553.
                                                                 August 24, 2020.
Sec. 63.7(e)(2)-(4)................  Conduct of Performance   Yes....................
                                        Tests.
Sec. 63.7(f).......................  Performance Test         Yes....................  Applies to all test
                                        Requirements--Use of                              methods except those
                                        Alternative Test                                  used to determine
                                        Method.                                           capture system
                                                                                          efficiency.
Sec. 63.7(g)-(h)...................  Performance Test         Yes....................  Applies only to
                                        Requirements--Data                                performance tests for
                                        Analysis,                                         capture system and add-
                                        Recordkeeping,                                    on control device
                                        Reporting, Waiver of                              efficiency at sources
                                        Test.                                             using these to comply
                                                                                          with the standards.
Sec. 63.8(a)(1)-(2)................  Monitoring               Yes....................  Applies only to
                                        Requirements--Applicab                            monitoring of capture
                                        ility.                                            system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Additional
                                                                                          requirements for
                                                                                          monitoring are
                                                                                          specified in Sec.
                                                                                          Sec. 63.3547 and
                                                                                          63.3557.
Sec. 63.8(a)(4)....................  Additional Monitoring    No.....................  Subpart KKKK does not
                                        Requirements.                                     have monitoring
                                                                                          requirements for
                                                                                          flares.
Sec. 63.8(b).......................  Conduct of Monitoring..  Yes....................

[[Page 729]]

 
Sec. 63.8(c)(1)....................  Continuous Monitoring    Yes before August 24,    Sections 63.3547 and
                                        System (CMS) Operation   2020, No on and after    63.3557 specify the
                                        and Maintenance.         August 24, 2020.         requirements for the
                                                                                          operation of CMS for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec. 63.8(c)(2)-(3)................  CMS Operation and        Yes....................  Applies only to
                                        Maintenance.                                      monitoring of capture
                                                                                          system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Additional
                                                                                          requirements for CMS
                                                                                          operations and
                                                                                          maintenance are
                                                                                          specified in Sec.
                                                                                          Sec. 63.3547 and
                                                                                          63.3557.
Sec. 63.8(c)(4)....................  CMS....................  No.....................  Sections 63.3547 and
                                                                                          63.3557 specify the
                                                                                          requirements for the
                                                                                          operation of CMS for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec. 63.8(c)(5)....................  COMS...................  No.....................  Subpart KKKK does not
                                                                                          have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec. 63.8(c)(6)....................  CMS Requirements.......  No.....................  Sections 63.3547 and
                                                                                          63.3557 specify the
                                                                                          requirements for
                                                                                          monitoring systems for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec. 63.8(c)(7)....................  CMS Out-of-Control       Yes....................
                                        Periods.
Sec. 63.8(c)(8)....................  CMS Out-of-Control       No.....................  Section 63.3511
                                        Periods Reporting.                                requires reporting of
                                                                                          CMS out of control
                                                                                          periods.
Sec. 63.8(d)-(e)...................  Quality Control Program  No.....................
                                        and CMS Performance
                                        Evaluation.
Sec. 63.8(f)(1)-(5)................  Use of an Alternative    Yes....................
                                        Monitoring Method.
Sec. 63.8(f)(6)....................  Alternative to Relative  No.....................  Section 63.8(f)(6)
                                        Accuracy Test.                                    provisions are not
                                                                                          applicable because
                                                                                          subpart KKKK does not
                                                                                          require CEMS.
Sec. 63.8(g).......................  Data Reduction.........  No.....................  Sections 63.3542,
                                                                                          63.3547, 63.3552 and
                                                                                          63.3557 specify
                                                                                          monitoring data
                                                                                          reduction.
Sec. 63.9(a).......................  Notification             Yes....................
                                        Applicability.
Sec. 63.9(b)(1)-(2)................  Initial Notifications..  Yes....................
Sec. 63.9(b)(4)(i), (b)(4)(v),       Application for          Yes....................
 (b)(5).                                Approval of
                                        Construction or
                                        Reconstruction.
Sec. 63.9(c).......................  Request for Extension    Yes....................
                                        of Compliance.
Sec. 63.9(d).......................  Special Compliance       Yes....................
                                        Requirement
                                        Notification.
Sec. 63.9(e).......................  Notification of          Yes....................  Applies only to capture
                                        Performance Test.                                 system and add-on
                                                                                          control device
                                                                                          performance tests at
                                                                                          sources using these to
                                                                                          comply with the
                                                                                          standards.
Sec. 63.9(f).......................  Notification of Visible  No.....................  Subpart KKKK does not
                                        Emissions/Opacity Test.                           have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec. 63.9(g).......................  Additional               No.....................
                                        Notifications When
                                        Using CMS.
Sec. 63.9(h)(1)-(3)................  Notification of          Yes....................  Section 63.3510
                                        Compliance Status.                                specifies the dates
                                                                                          for submitting the
                                                                                          notification of
                                                                                          compliance status.
Sec. 63.9(h)(5)-(6)................  Clarifications.........  Yes....................
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
                                        procedures.                                       Sec. 63.9(j).
Sec. 63.10(a)......................  Recordkeeping/           Yes....................
                                        Reporting--Applicabili
                                        ty and General
                                        Information.
Sec. 63.10(b)(1)...................  General Recordkeeping    Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                          Sec. 63.3512 and
                                                                                          63.3513.
Sec. 63.10(b)(2)(i)-(ii)...........  Recordkeeping of         Yes before August 24,    See Sec. 63.3512(i).
                                        Occurrence and           2020, No on and after
                                        Duration of Startups     August 24, 2020.
                                        and Shutdowns and of
                                        Failures to Meet
                                        Standards.
Sec. 63.10(b)(2)(iii)..............  Recordkeeping Relevant   Yes....................
                                        to Maintenance of Air
                                        Pollution Control and
                                        Monitoring Equipment.

[[Page 730]]

 
Sec. 63.10(b)(2)(iv)-(v)...........  Actions Taken to         Yes before August 24,    See Sec.
                                        Minimize Emissions       2020, No on and after    63.3512(i)(4) for a
                                        During Startup,          August 24, 2020.         record of actions
                                        Shutdown, and                                     taken to minimize
                                        Malfunction.                                      emissions duration a
                                                                                          deviation from the
                                                                                          standard.
Sec. 63.10(b)(2)(vi)...............  Recordkeeping for CMS    Yes before August 24,    See Sec. 63.3512(i)
                                        Malfunctions.            2020, No on and after    for records of periods
                                                                 August 24, 2020.         of deviation from the
                                                                                          standard, including
                                                                                          instances where a CMS
                                                                                          is inoperative or out-
                                                                                          of-control.
Sec. 63.10(b)(2) (vii)-(xii).......  Records................  Yes....................
Sec. 63.10(b)(2) (xiii)............  .......................  No.....................
Sec. 63.10(b)(2) (xiv).............  .......................  Yes....................
Sec. 63.10(b)(3)...................  Recordkeeping            Yes....................
                                        Requirements for
                                        Applicability
                                        Determinations.
Sec. 63.10(c)(1)...................  Additional               Yes....................
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.
Sec. 63.10(c)(5)-(6)...............  .......................  Yes....................
Sec. 63.10(c)(7)-(8)...............  Additional               No.....................  See Sec. 63.3512(i)
                                        Recordkeeping                                     for records of periods
                                        Requirements for                                  of deviation from the
                                        Sources with CMS.                                 standard, including
                                                                                          instances where a CMS
                                                                                          is inoperative or out-
                                                                                          of-control.
Sec. 63.10(c)(10)-(14).............  Additional               Yes....................
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.
Sec. 63.10(c)(15)..................  Records Regarding the    Yes before August 24,
                                        Startup, Shutdown, and   2020, No on and after
                                        Malfunction Plan.        August 24, 2020.
Sec. 63.10(d)(1)...................  General Reporting        Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                           63.3511.
Sec. 63.10(d)(2)...................  Report of Performance    Yes....................  Additional requirements
                                        Test Results.                                     are specified in Sec.
                                                                                           63.3511(b).
Sec. 63.10(d)(3)...................  Reporting Opacity or     No.....................  Subpart KKKK does not
                                        Visible Emissions                                 require opacity or
                                        Observations.                                     visible emissions
                                                                                          observations.
Sec. 63.10(d)(4)...................  Progress Reports for     Yes....................
                                        Sources with
                                        Compliance Extensions.
Sec. 63.10(d)(5)...................  Startup, Shutdown,       Yes before August 24,    See Sec.
                                        Malfunction Reports.     2020, No on and after    63.3511(a)(7) and (8).
                                                                 August 24, 2020.
Sec. 63.10(e)(1)-(2)...............  Additional CMS Reports.  No.....................
Sec. 63.10(e)(3)...................  Excess Emissions/CMS     No.....................  Section 63.3511(b)
                                        Performance Reports.                              specifies the contents
                                                                                          of periodic compliance
                                                                                          reports.
Sec. 63.10(e)(4)...................  COMS Data Reports......  No.....................  Subpart KKKK does not
                                                                                          specify requirements
                                                                                          for opacity or COMS.
Sec. 63.10(f)......................  Recordkeeping/Reporting  Yes....................
                                        Waiver.
Sec. 63.11.........................  Control Device           No.....................  Subpart KKKK does not
                                        Requirements/Flares.                              specify use of flares
                                                                                          for compliance.
Sec. 63.12.........................  State Authority and      Yes....................
                                        Delegations.
Sec. 63.13(a)......................  Addresses..............  Yes before August 24,
                                                                 2020, No on and after
                                                                 August 24, 2020.
Sec. 63.13(b)......................  Submittal to State       Yes....................
                                        Agencies.

[[Page 731]]

 
Sec. 63.13(c)......................  Submittal to State       Yes before August 24,
                                        Agencies.                2020, No unless the
                                                                 state requires the
                                                                 submittal via CEDRI,
                                                                 on and after August
                                                                 24, 2020.
Sec. 63.14.........................  Incorporation by         Yes....................
                                        Reference.
Sec. 63.15.........................  Availability of          Yes....................
                                        Information/
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------


[85 FR 10856, Feb. 25, 2020, as amended at 85 FR 73905, Nov. 19, 2020]



   Sec. Table 6 to Subpart KKKK of Part 63--Default Organic HAP Mass 
                Fraction for Solvents and Solvent Blends

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data.

------------------------------------------------------------------------
                                               Average
                                               organic   Typical organic
    Solvent/solvent blend        CAS. No.     HAP mass   HAP, percent by
                                              fraction         mass
------------------------------------------------------------------------
1. Toluene..................  108-88-3            1.0    Toluene.
2. Xylene(s)................  1330-20-7           1.0    Xylenes,
                                                          ethylbenzene.
3. Hexane...................  110-54-3            0.5    n-hexane.
4. n-Hexane.................  110-54-3            1.0    n-hexane.
5. Ethylbenzene.............  100-41-4            1.0    Ethylbenzene.
6. Aliphatic 140............  .............       0      None.
7. Aromatic 100.............  .............       0.02   1% Xylene, 1%
                                                          cumene.
8. Aromatic 150.............  .............       0.09   Naphthalene.
9. Aromatic naphtha.........  64742-95-6          0.02   1% Xylene, 1%
                                                          cumene.
10. Aromatic solvent........  64742-94-5          0.1    Naphthalene.
11. Exempt mineral spirits..  8032-32-4           0      None.
12. Ligroines (VM & P)......  8032-32-4           0      None.
13. Lactol spirits..........  64742-89-6          0.15   Toluene.
14. Low aromatic white        64742-82-1          0      None.
 spirit.
15. Mineral spirits.........  64742-88-7          0.01   Xylenes.
16. Hydrotreated naphtha....  64742-48-9          0      None.
17. Hydrotreated light        64742-47-8          0.001  Toluene.
 distillate.
18. Stoddard solvent........  8052-41-3           0.01   Xylenes.
19. Super high-flash naphtha  64742-95-6          0.05   Xylenes.
20. Varsol [supreg] solvent.  8052-49-3           0.01   0.5% Xylenes,
                                                          0.5%
                                                          ethylbenzene.
21. VM & P naphtha..........  64742-89-8          0.06   3% Toluene, 3%
                                                          xylene.
22. Petroleum distillate      68477-31-6          0.08   4% Naphthalene,
 mixture.                                                 4% biphenyl.
------------------------------------------------------------------------



   Sec. Table 7 to Subpart KKKK of Part 63--Default Organic HAP Mass 
                Fraction for Petroleum Solvent Groups \a\

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data.

----------------------------------------------------------------------------------------------------------------
                                                    Average organic HAP
                  Solvent type                         mass fraction        Typical organic HAP, percent by mass
----------------------------------------------------------------------------------------------------------------
Aliphatic \b\...................................                     0.03  1% Xylene, 1% toluene, and 1%
                                                                            ehylbenzene.
Aromatic \c\....................................                     0.06  4% Xylene, 1% toluene, and 1%
                                                                            ethylbenzene.
----------------------------------------------------------------------------------------------------------------
\a\ Use this table only if the solvent blend does not match any of the solvent blends in Table 6 to this subpart
  and you only know whether the blend is aliphatic or aromatic.
\b\ E.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon,
  Aliphatic Naphtha, Naphthol Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha,
  Solvent Blend.
\c\ E.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic
  Hydrocarbons, Aromatic Hydrocarbons, Light Aromatic Solvent.


[[Page 732]]



     Sec. Table 8 to Subpart KKKK 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
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

[[Page 733]]

 
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 10860, Feb. 25, 2020]



 Subpart MMMM_National Emission Standards for Hazardous Air Pollutants 
      for Surface Coating of Miscellaneous Metal Parts and Products

    Source: 69 FR 157, Jan. 2, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.3880  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for miscellaneous metal parts and products 
surface coating facilities. This subpart also establishes requirements 
to demonstrate initial and continuous compliance with the emission 
limitations.



Sec. 63.3881  Am I subject to this subpart?

    (a) Miscellaneous metal parts and products include, but are not 
limited to, metal components of the following types of products as well 
as the products themselves: motor vehicle parts and accessories, 
bicycles and sporting goods, recreational vehicles, extruded aluminum 
structural components, railroad cars, heavy duty trucks, medical 
equipment, lawn and garden equipment, electronic equipment, magnet wire, 
steel drums, industrial machinery, metal pipes, and numerous other 
industrial, household, and consumer products. Except as provided in 
paragraph (c) of this section, the source category to which this subpart 
applies is the surface coating of any miscellaneous metal parts or 
products, as described in paragraph (a)(1) of this section, and it 
includes the subcategories listed in paragraphs (a)(2) through (6) of 
this section.
    (1) Surface coating is the application of coating to a substrate 
using, for example, spray guns or dip tanks. When application of coating 
to a substrate occurs, then surface coating also includes associated 
activities, such as surface preparation, cleaning, mixing, and storage. 
However, these activities do not comprise surface coating if they are 
not directly related to the application of the coating. Coating 
application with handheld, non-refillable aerosol containers, touch-up 
markers, marking pens, or the application of paper film or plastic film 
which may be pre-coated with an adhesive by the manufacturer are not 
coating operations for the purposes of this subpart.
    (2) The general use coating subcategory includes all surface coating 
operations that are not high performance, magnet wire, rubber-to-metal, 
or extreme performance fluoropolymer coating operations.
    (3) The high performance coating subcategory includes surface 
coating operations that are performed using coatings that meet the 
definition of high performance architectural coating or high temperature 
coating in Sec. 63.3981.
    (4) The magnet wire coating subcategory includes surface coating 
operations that are performed using coatings that meet the definition of 
magnet wire coatings in Sec. 63.3981.
    (5) The rubber-to-metal coatings subcategory includes surface 
coating operations that are performed using coatings that meet the 
definition of rubber-to-metal coatings in Sec. 63.3981.
    (6) The extreme performance fluoropolymer coatings subcategory 
includes surface coating operations that

[[Page 734]]

are performed using coatings that meet the definition of extreme 
performance fluoropolymer coatings in Sec. 63.3981.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec. 63.3882, 
that uses 946 liters (250 gallons (gal)) per year, or more, of coatings 
that contain hazardous air pollutants (HAP) in the surface coating of 
miscellaneous metal parts and products defined in paragraph (a) of this 
section; and that is a major source, is located at a major source, or is 
part of a major source of emissions of HAP. 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 any single HAP at a rate of 9.07 megagrams 
(Mg) (10 tons) or more per year or any combination of HAP at a rate of 
22.68 Mg (25 tons) or more per year. You do not need to include coatings 
that meet the definition of non-HAP coating contained in Sec. 63.3981 
in determining whether you use 946 liters (250 gal) per year, or more, 
of coatings in the surface coating of miscellaneous metal parts and 
products.
    (c) This subpart does not apply to surface coating or a coating 
operation that meets any of the criteria of paragraphs (c)(1) through 
(17) of this section.
    (1) A coating operation conducted at a facility where the facility 
uses only coatings, thinners and other additives, and cleaning materials 
that contain no organic HAP, as determined according to Sec. 
63.3941(a).
    (2) Surface coating operations that occur at research or laboratory 
facilities, or is part of janitorial, building, and facility maintenance 
operations, or that occur at hobby shops that are operated for 
noncommercial purposes.
    (3) Coatings used in volumes of less than 189 liters (50 gal) per 
year, provided that the total volume of coatings exempt under this 
paragraph does not exceed 946 liters (250 gal) per year at the facility.
    (4) The surface coating of metal parts and products performed on-
site at installations owned or operated by the Armed Forces of the 
United States (including the Coast Guard and the National Guard of any 
such State) or the National Aeronautics and Space Administration, or the 
surface coating of military munitions manufactured by or for the Armed 
Forces of the United States (including the Coast Guard and the National 
Guard of any such State).
    (5) Surface coating where plastic is extruded onto metal wire or 
cable or metal parts or products to form a coating.
    (6) Surface coating of metal components of wood furniture that meet 
the applicability criteria for wood furniture manufacturing (subpart JJ 
of this part).
    (7) Surface coating of metal components of large appliances that 
meet the applicability criteria for large appliance surface coating 
(subpart NNNN of this part).
    (8) Surface coating of metal components of metal furniture that meet 
the applicability criteria for metal furniture surface coating (subpart 
RRRR of this part).
    (9) Surface coating of metal components of wood building products 
that meet the applicability criteria for wood building products surface 
coating (subpart QQQQ of this part).
    (10) Surface coating of metal components of aerospace vehicles that 
meet the applicability criteria for aerospace manufacturing and rework 
(40 CFR part 63, subpart GG).
    (11) Surface coating of metal parts intended for use in an aerospace 
vehicle or component using specialty coatings as defined in appendix A 
to subpart GG of this part.
    (12) Surface coating of metal components of ships that meet the 
applicability criteria for shipbuilding and ship repair (subpart II of 
this part).
    (13) Surface coating of metal using a web coating process that meets 
the applicability criteria for paper and other web coating (subpart JJJJ 
of this part).
    (14) Surface coating of metal using a coil coating process that 
meets the applicability criteria for metal coil coating (subpart SSSS of 
this part).
    (15) Surface coating of boats or metal parts of boats (including, 
but not limited to, the use of assembly adhesives) where the facility 
meets the applicability criteria for boat manufacturing

[[Page 735]]

facilities (subpart VVVV of this part), except where the surface coating 
of the boat is a metal coating operation performed on personal 
watercraft or parts of personal watercraft. This subpart does apply to 
metal coating operations performed on personal watercraft and parts of 
personal watercraft.
    (16) Surface coating of assembled on-road vehicles that meet the 
applicability criteria for the assembled on-road vehicle subcategory in 
plastic parts and products surface coating (40 CFR part 63, subpart 
PPPP).
    (17) Surface coating of metal components of automobiles and light-
duty trucks that meets the applicability criteria in Sec. 63.3082(b) 
for the Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 
CFR part 63, subpart IIII) at a facility that meets the applicability 
criteria in Sec. 63.3081(b).
    (d) If your facility meets the applicability criteria in Sec. 
63.3081(b) of the Surface Coating of Automobiles and Light-Duty Trucks 
NESHAP (40 CFR part 63, subpart IIII), and you perform surface coating 
of metal parts or products that meets both the applicability criteria in 
Sec. 63.3082(c) and the applicability criteria of the Surface Coating 
of Miscellaneous Metal Parts and Products (40 CFR part 63, subpart 
MMMM), then for the surface coating of any or all of your metal parts or 
products that meets the applicability criteria in Sec. 63.3082(c), you 
may choose to comply with the requirements of subpart IIII of this part 
in lieu of complying with the Surface Coating of Miscellaneous Metal 
Parts and Products NESHAP. Surface coating operations on metal parts or 
products (e.g., parts for motorcycles or lawnmowers) not intended for 
use in automobiles, light-duty trucks, or other motor vehicles as 
defined in Sec. 63.3176 cannot be made part of your affected source 
under subpart IIII of this part.
    (e) If you own or operate an affected source that meets the 
applicability criteria of this subpart and at the same facility you also 
perform surface coating that meets the applicability criteria of any 
other final surface coating NESHAP in this part you may choose to comply 
as specified in paragraph (e)(1), (2), or (3) of this section.
    (1) You may have each surface coating operation that meets the 
applicability criteria of a separate NESHAP comply with that NESHAP 
separately.
    (2) You may comply with the emission limitation representing the 
predominant surface coating activity at your facility, as determined 
according to paragraphs (e)(2)(i) and (ii) of this section. However, you 
may not establish high performance, rubber-to-metal, or extreme 
performance fluoropolymer coating operations as the predominant 
activity. You must not consider any surface coating activity that is 
subject to the Surface Coating of Automobiles and Light-Duty Trucks 
NESHAP (40 CFR part 63, subpart IIII) in determining the predominant 
surface coating activity at your facility.
    (i) If a surface coating operation accounts for 90 percent or more 
of the surface coating activity at your facility (that is, the 
predominant activity), then compliance with the emission limitations of 
the predominant activity for all surface coating operations constitutes 
compliance with these and other applicable surface coating NESHAP. In 
determining predominant activity, you must include coating activities 
that meet the applicability criteria of other surface coating NESHAP and 
constitute more than 1 percent of total coating activities at your 
facility. Coating activities that meet the applicability criteria of 
other surface coating NESHAP but comprise less than 1 percent of coating 
activities need not be included in the determination of predominant 
activity but must be included in the compliance calculation.
    (ii) You must use liters (gal) of solids used as a measure of 
relative surface coating activity over a representative period of 
operation. You may estimate the relative volume of coating solids used 
from parameters other than coating consumption and volume solids content 
(e.g., design specifications for the parts or products coated and the 
number of items produced). The determination of predominant activity 
must accurately reflect current and projected coating operations and 
must be verifiable through appropriate documentation. The use of 
parameters

[[Page 736]]

other than coating consumption and volume solids content must be 
approved by the Administrator. You may use data for any reasonable time 
period of at least 1 year in determining the relative amount of coating 
activity, as long as they represent the way the source will continue to 
operate in the future and are approved by the Administrator. You must 
determine the predominant activity at your facility and submit the 
results of that determination with the initial notification required by 
Sec. 63.3910(b). You must also determine predominant activity annually 
and include the determination in the next semi-annual compliance report 
required by Sec. 63.3920(a).
    (3) You may comply with a facility-specific emission limit 
calculated from the relative amount of coating activity that is subject 
to each emission limit. If you elect to comply using the facility-
specific emission limit alternative, then compliance with the facility-
specific emission limit and the emission limitations in this subpart for 
all surface coating operations constitutes compliance with this and 
other applicable surface coating NESHAP. The procedures for calculating 
the facility-specific emission limit are specified in Sec. 63.3890. In 
calculating a facility-specific emission limit, you must include coating 
activities that meet the applicability criteria of other surface coating 
NESHAP and constitute more than 1 percent of total coating activities at 
your facility. You must not consider any surface coating activity that 
is subject to the Surface Coating of Automobiles and Light-Duty Trucks 
NESHAP (40 CFR part 63, subpart IIII) in determining a facility-specific 
emission limit for your facility. Coating activities that meet the 
applicability criteria of other surface coating NESHAP but comprise less 
than 1 percent of total coating activities need not be included in the 
calculation of the facility-specific emission limit but must be included 
in the compliance calculations.

[69 FR 157, Jan. 2, 2004, as amended at 69 FR 22660, Apr. 26, 2004; 71 
FR 76927, Dec. 22, 2006]



Sec. 63.3882  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source within each of the four subcategories listed in Sec. 
63.3881(a).
    (b) The affected source is the collection of all of the items listed 
in paragraphs (b)(1) through (4) of this section that are used for 
surface coating of miscellaneous metal parts and products within each 
subcategory.
    (1) All coating operations as defined in Sec. 63.3981;
    (2) All storage containers and mixing vessels in which coatings, 
thinners and/or other additives, and cleaning materials are stored or 
mixed;
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners and/or other additives, and cleaning 
materials; and
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a coating 
operation.
    (c) An affected source is a new affected source if you commenced its 
construction after August 13, 2002 and the construction is of a 
completely new miscellaneous metal parts and products surface coating 
facility where previously no miscellaneous metal parts and products 
surface coating facility had existed.
    (d) An affected source is reconstructed if it meets the criteria as 
defined in Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.



Sec. 63.3883  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source is 
specified in paragraphs (a) through (c) of this section. The compliance 
date begins the initial compliance period during which you conduct the 
initial compliance demonstration described in Sec. Sec. 63.3940, 
63.3950, and 63.3960.
    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section:

[[Page 737]]

    (1) If the initial startup of your new or reconstructed affected 
source is before January 2, 2004, the compliance date is January 2, 
2004.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after January 2, 2004, the compliance date is the date of 
initial startup of your affected source.
    (b) For an existing affected source, the compliance date is the date 
3 years after January 2, 2004.
    (c) For an area source that increases its emissions or its potential 
to emit such that it becomes a major source of HAP emissions, the 
compliance date is specified in paragraphs (c)(1) and (2) of this 
section.
    (1) For any portion of the source that becomes a new or 
reconstructed affected source subject to this subpart, the compliance 
date is the date of initial startup of the affected source or January 2, 
2004, whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or 3 years after January 2, 
2004, whichever is later.
    (d) You must meet the notification requirements in Sec. 63.3910 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

                          Emission Limitations



Sec. 63.3890  What emission limits must I meet?

    (a) For a new or reconstructed affected source, you must limit 
organic HAP emissions to the atmosphere from the affected source to the 
applicable limit specified in paragraphs (a)(1) through (5) of this 
section, except as specified in paragraph (c) of this section, 
determined according to the requirements in Sec. 63.3941, Sec. 
63.3951, or Sec. 63.3961.
    (1) For each new general use coating affected source, limit organic 
HAP emissions to no more than 0.23 kilograms (kg) (1.9 pound (lb)) 
organic HAP per liter (gal) coating solids used during each 12-month 
compliance period.
    (2) For each new high performance coating affected source, limit 
organic HAP emissions to no more than 3.3 kg (27.5 lb) organic HAP per 
liter (gal) coating solids used during each 12-month compliance period.
    (3) For each new magnet wire coating affected source, limit organic 
HAP emissions to no more than 0.050 kg (0.44 lb) organic HAP per liter 
(gal) coating solids used during each 12-month compliance period.
    (4) For each new rubber-to-metal coating affected source, limit 
organic HAP emissions to no more than 0.81 kg (6.8 lb) organic HAP per 
liter (gal) coating solids used during each 12-month compliance period.
    (5) For each new extreme performance fluoropolymer coating affected 
source, limit organic HAP emissions to no more than 1.5 kg (12.4 lb) 
organic HAP per liter (gal) coating solids used during each 12-month 
compliance period.
    (b) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere from the affected source to the applicable 
limit specified in paragraphs (b)(1) through (5) of this section, except 
as specified in paragraph (c) of this section, determined according to 
the requirements in Sec. 63.3941, Sec. 63.3951, or Sec. 63.3961.
    (1) For each existing general use coating affected source, limit 
organic HAP emissions to no more than 0.31 kg (2.6 lb) organic HAP per 
liter (gal) coating solids used during each 12-month compliance period.
    (2) For each existing high performance coating affected source, 
limit organic HAP emissions to no more than 3.3 kg (27.5 lb) organic HAP 
per liter (gal) coating solids used during each 12-month compliance 
period.
    (3) For each existing magnet wire coating affected source, limit 
organic HAP emissions to no more than 0.12 kg (1.0 lb) organic HAP per 
liter (gal) coating solids used during each 12-month compliance period.
    (4) For each existing rubber-to-metal coating affected source, limit 
organic HAP emissions to no more than 4.5 kg (37.7 lb) organic HAP per 
liter (gal) coating solids used during each 12-month compliance period.

[[Page 738]]

    (5) For each existing extreme performance fluoropolymer coating 
affected source, limit organic HAP emissions to no more than 1.5 kg 
(12.4 lbs) organic HAP per liter (gal) coating solids used during each 
12-month compliance period.
    (c) If your facility's surface coating operations meet the 
applicability criteria of more than one of the subcategory emission 
limits specified in paragraphs (a) or (b) of this section, you may 
comply separately with each subcategory emission limit or comply using 
one of the alternatives in paragraph (c)(1) or (2) of this section.
    (1) If the general use or magnet wire surface coating operations 
subject to only one of the emission limits specified in paragraphs 
(a)(1), (3), (b)(1), or (3) of this section account for 90 percent or 
more of the surface coating activity at your facility (i.e., it is the 
predominant activity at your facility), then compliance with that one 
emission limitations in this subpart for all surface coating operations 
constitutes compliance with the other applicable emission limits. You 
must use liters (gal) of solids used as a measure of relative surface 
coating activity over a representative period of operation. You may 
estimate the relative volume of coating solids used from parameters 
other than coating consumption and volume solids content (e.g., design 
specifications for the parts or products coated and the number of items 
produced). The determination of predominant activity must accurately 
reflect current and projected coating operations and must be verifiable 
through appropriate documentation. The use of parameters other than 
coating consumption and volume solids content must be approved by the 
Administrator. You may use data for any reasonable time period of at 
least 1 year in determining the relative amount of coating activity, as 
long as they represent the way the source will continue to operate in 
the future and are approved by the Administrator. You must determine the 
predominant activity at your facility and submit the results of that 
determination with the initial notification required by Sec. 
63.3910(b). Additionally, you must determine the facility's predominant 
activity annually and include the determination in the next semi-annual 
compliance report required by Sec. 63.3920(a).
    (2) You may calculate and comply with a facility-specific emission 
limit as described in paragraphs (c)(2)(i) through (iii) of this 
section. If you elect to comply using the facility-specific emission 
limit alternative, then compliance with the facility-specific emission 
limit and the emission limitations in this subpart for all surface 
coating operations constitutes compliance with this and other applicable 
surface coating NESHAP. In calculating a facility-specific emission 
limit, you must include coating activities that meet the applicability 
criteria of the other subcategories and constitute more than 1 percent 
of total coating activities. Coating activities that meet the 
applicability criteria of other surface coating NESHAP but comprise less 
than 1 percent of coating activities need not be included in the 
determination of predominant activity but must be included in the 
compliance calculation.
    (i) You are required to calculate the facility-specific emission 
limit for your facility when you submit the notification of compliance 
status required in Sec. 63.3910(c), and on a monthly basis afterward 
using the coating data for the relevant 12-month compliance period.
    (ii) Use Equation 1 of this section to calculate the facility-
specific emission limit for your surface coating operations for each 12-
month compliance period.

[[Page 739]]

[GRAPHIC] [TIFF OMITTED] TR02JA04.002

Where:

Facility-specific emission limit = Facility-specific emission limit for 
          each 12-month compliance period, kg (lb) organic HAP per kg 
          (lb) coating solids used.
Limiti = The new source or existing source emission limit 
          applicable to coating operation, i, included in the facility-
          specific emission limit, converted to kg (lb) organic HAP per 
          kg (lb) coating solids used, if the emission limit is not 
          already in those units. All emission limits included in the 
          facility-specific emission limit must be in the same units.
Solidsi = The liters (gal) of solids used in coating 
          operation, i, in the 12-month compliance period that is 
          subject to emission limit, i. You may estimate the volume of 
          coating solids used from parameters other than coating 
          consumption and volume solids content (e.g., design 
          specifications for the parts or products coated and the number 
          of items produced). The use of parameters other than coating 
          consumption and volume solids content must be approved by the 
          Administrator.
n = The number of different coating operations included in the facility-
          specific emission limit.

    (iii) If you need to convert an emission limit in another surface 
coating NESHAP from kg (lb) organic HAP per kg (lb) coating solids used 
to kg (lb) organic HAP per liter (gal) coating solids used, you must use 
the default solids density of 1.26 kg solids per liter coating solids 
(10.5 lb solids per gal solids).



Sec. 63.3891  What are my options for meeting the emission limits?

    You must include all coatings (as defined in Sec. 63.3981), 
thinners and/or other additives, and cleaning materials used in the 
affected source when determining whether the organic HAP emission rate 
is equal to or less than the applicable emission limit in Sec. 63.3890. 
To make this determination, you must use at least one of the three 
compliance options listed in paragraphs (a) through (c) of this section. 
You may apply any of the compliance options to an individual coating 
operation, or to multiple coating operations as a group, or to the 
entire affected source. You may use different compliance options for 
different coating operations, or at different times on the same coating 
operation. You may employ different compliance options when different 
coatings are applied to the same part, or when the same coating is 
applied to different parts. However, you may not use different 
compliance options at the same time on the same coating operation. If 
you switch between compliance options for any coating operation or group 
of coating operations, you must document this switch as required by 
Sec. 63.3930(c), and you must report it in the next semiannual 
compliance report required in Sec. 63.3920.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation(s) is less than or 
equal to the applicable emission limit in Sec. 63.3890, and that each 
thinner and/or other additive, and cleaning material used contains no 
organic HAP. You must meet all the requirements of Sec. Sec. 63.3940, 
63.3941, and 63.3942 to demonstrate compliance with the applicable 
emission limit using this option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings, thinners and/or other additives, and cleaning 
materials used in the coating operation(s), the organic HAP emission 
rate for the coating operation(s) is less than or equal to the 
applicable emission limit in Sec. 63.3890, calculated as a rolling 12-
month emission rate and determined on a monthly basis. You must meet all 
the requirements of Sec. Sec. 63.3950, 63.3951, and 63.3952 to 
demonstrate compliance with the emission limit using this option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on the coatings, thinners and/or other additives, and cleaning 
materials used in

[[Page 740]]

the coating operation(s), and the emissions reductions achieved by 
emission capture systems and add-on controls, the organic HAP emission 
rate for the coating operation(s) is less than or equal to the 
applicable emission limit in Sec. 63.3890, calculated as a rolling 12-
month emission rate and determined on a monthly basis. If you use this 
compliance option, you must also demonstrate that all emission capture 
systems and add-on control devices for the coating operation(s) meet the 
operating limits required in Sec. 63.3892, except for solvent recovery 
systems for which you conduct liquid-liquid material balances according 
to Sec. 63.3961(j), and that you meet the work practice standards 
required in Sec. 63.3893. You must meet all the requirements of 
Sec. Sec. 63.3960 through 63.3968 to demonstrate compliance with the 
emission limits, operating limits, and work practice standards using 
this option.



Sec. 63.3892  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, you 
are not required to meet any operating limits.
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option, except those for which you 
use a solvent recovery system and conduct a liquid-liquid material 
balance according to Sec. 63.3961(j), you must meet the operating 
limits specified in Table 1 to this subpart. These operating limits 
apply to the emission capture and control systems on the coating 
operation(s) for which you use this option, and you must establish the 
operating limits during the performance test according to the 
requirements in Sec. 63.3967. You must meet the operating limits at all 
times after you establish them.
    (c) If you use an add-on control device other than those listed in 
Table 1 to this subpart, or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).



Sec. 63.3893  What work practice standards must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, you 
are not required to meet any work practice standards.
    (b) If you use the emission rate with add-on controls option, you 
must develop and implement a work practice plan to minimize organic HAP 
emissions from the storage, mixing, and conveying of coatings, thinners 
and/or other additives, and cleaning materials used in, and waste 
materials generated by the controlled coating operation(s) for which you 
use this option; or you must meet an alternative standard as provided in 
paragraph (c) of this section. The plan must specify practices and 
procedures to ensure that, at a minimum, the elements specified in 
paragraphs (b)(1) through (5) of this section are implemented.
    (1) All organic-HAP-containing coatings, thinners and/or other 
additives, cleaning materials, and waste materials must be stored in 
closed containers.
    (2) Spills of organic-HAP-containing coatings, thinners and/or other 
additives, cleaning materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners and/or other 
additives, cleaning materials, and waste materials must be conveyed from 
one location to another in closed containers or pipes.
    (4) Mixing vessels which contain organic-HAP-containing coatings and 
other materials must be closed except when adding to, removing, or 
mixing the contents.
    (5) Emissions of organic HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) As provided in Sec. 63.6(g), we, the U.S. Environmental 
Protection Agency, may choose to grant you permission to use an 
alternative to the work practice standards in this section.

[[Page 741]]

                     General Compliance Requirements



Sec. 63.3900  What are my general requirements for complying with this subpart?

    (a) You must be in compliance with the emission limitations in this 
subpart as specified in paragraphs (a)(1) and (2) of this section.
    (1) Any coating operation(s) for which you use the compliant 
material option or the emission rate without add-on controls option, as 
specified in Sec. 63.3891(a) and (b), must be in compliance with the 
applicable emission limit in Sec. 63.3890 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec. 63.3891(c), must be 
in compliance with the emission limitations as specified in paragraphs 
(a)(2)(i) through (iii) of this section.
    (i) Before January 5, 2021, the coating operation(s) must be in 
compliance with the applicable emission limit in Sec. 63.3890 at all 
times except during periods of SSM. On or after January 5, 2021, you 
must be in compliance with the applicable emission limits in Sec. 63. 
3890 and the operating limits in table 1 of this subpart at all times.
    (ii) Before January 5, 2021, the coating operation(s) must be in 
compliance with the operating limits for emission capture systems and 
add-on control devices required by Sec. 63.3892 at all times except 
during periods of SSM and except for solvent recovery systems for which 
you conduct liquid-liquid material balances according to Sec. 
63.3961(j). On or after January 5, 2021, the coating operation(s) must 
be in compliance with the operating limits for emission capture systems 
and add-on control devices required by Sec. 63.3892 at all times, 
except for solvent recovery systems for which you conduct liquid-liquid 
material balances according to Sec. 63.3961(j).
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec. 63.3893 at all times.
    (b) Before January 5, 2021, you must always operate and maintain 
your affected source, including all air pollution control and monitoring 
equipment you use for purposes of complying with this subpart, according 
to the provisions in Sec. 63.6(e)(1)(i). On and after January 5, 2021, 
at all times, the owner or operator must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. The general 
duty to minimize emissions does not require the owner or operator to 
make any further efforts to reduce emissions if levels required by the 
applicable standard have been achieved. Determination of whether a 
source is operating in compliance with operation and maintenance 
requirements will be based on information available to the Administrator 
that may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the affected source.
    (c) Before January 5, 2021, if your affected source uses an emission 
capture system and add-on control device, you must develop a written 
SSMP according to the provisions in Sec. 63.6(e)(3). The plan must 
address the startup, shutdown, and corrective actions in the event of a 
malfunction of the emission capture system or the add-on control device. 
The plan must also address any coating operation equipment that may 
cause increased emissions or that would affect capture efficiency if the 
process equipment malfunctions, such as conveyors that move parts among 
enclosures. On and after January 5, 2021, the SSMP is not required.

[69 FR 157, Jan. 2, 2004, as amended at 71 FR 20465, Apr. 20, 2006; 85 
FR 41138, July 8, 2020]



Sec. 63.3901  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 63.15 apply to you.

                   Notifications, Reports, and Records



Sec. 63.3910  What notifications must I submit?

    (a) General. You must submit the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you 
by the dates specified in those sections, except as provided in 
paragraphs (b) and (c) of this section.

[[Page 742]]

    (b) Initial notification. You must submit the initial notification 
required by Sec. 63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, 120 days after January 2, 
2004, or no later than 120 days after the source becomes subject to this 
subpart, whichever is later. For an existing affected source, you must 
submit the initial notification no later than 1 year after January 2, 
2004, or no later than 120 days after the source becomes subject to this 
subpart, whichever is later. If you are using compliance with the 
Surface Coating of Automobiles and Light-Duty Trucks NESHAP (subpart 
IIII of this part) as provided for under Sec. 63.3881(d) to constitute 
compliance with this subpart for any or all of your metal parts coating 
operations, then you must include a statement to this effect in your 
initial notification, and no other notifications are required under this 
subpart in regard to those metal parts coating operations. If you are 
complying with another NESHAP that constitutes the predominant activity 
at your facility under Sec. 63.3881(e)(2) to constitute compliance with 
this subpart for your metal parts coating operations, then you must 
include a statement to this effect in your initial notification, and no 
other notifications are required under this subpart in regard to those 
metal parts coating operations. 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.
    (c) Notification of compliance status. You must submit the 
notification of compliance status required by Sec. 63.9(h) no later 
than 30 calendar days following the end of the initial compliance period 
described in Sec. 63.3940, Sec. 63.3950, or Sec. 63.3960 that applies 
to your affected source. The notification of compliance status must 
contain the information specified in paragraphs (c)(1) through (11) of 
this section and in Sec. 63.9(h).
    (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 the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec. 63.3940, Sec. 63.3950, or Sec. 63.3960 that applies 
to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec. 63.3891 that you used on each coating operation in the affected 
source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in Sec. 
63.3890, include all the calculations you used to determine the kg (lb) 
of organic HAP emitted per liter (gal) coating solids used. You do not 
need to submit information provided by the materials' suppliers or 
manufacturers, or test reports.
    (7) For each of the data items listed in paragraphs (c)(7)(i) 
through (iv) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data may include a copy of 
the information provided by the supplier or manufacturer of the example 
coating or material, or a summary of the results of testing conducted 
according to Sec. 63.3941(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating, for one thinner 
and/or other additive, and for one cleaning material.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner and/or other additive, 
and one leaning material, except that if you use the compliant material 
option, only the example coating density is required.
    (iv) The amount of waste materials and the mass of organic HAP 
contained

[[Page 743]]

in the waste materials for which you are claiming an allowance in 
Equation 1 of Sec. 63.3951.
    (8) The calculation of kg (lb) of organic HAP emitted per liter 
(gal) coating solids used for the compliance option(s) you used, as 
specified in paragraphs (c)(8)(i) through (iii) of this section.
    (i) For the compliant material option, provide an example 
calculation of the organic HAP content for one coating, using Equation 2 
of Sec. 63.3941.
    (ii) For the emission rate without add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for each 
month; the calculation of the total volume of coating solids used each 
month; and the calculation of the 12-month organic HAP emission rate 
using Equations 1 and 1A through 1C, 2, and 3, respectively, of Sec. 
63.3951.
    (iii) For the emission rate with add-on controls option, provide the 
calculation of the total mass of organic HAP emissions for the coatings, 
thinners and/or other additives, and cleaning materials used each month, 
using Equations 1 and 1A through 1C of Sec. 63.3951; the calculation of 
the total volume of coating solids used each month using Equation 2 of 
Sec. 63.3951; the mass of organic HAP emission reduction each month by 
emission capture systems and add-on control devices using Equations 1 
and 1A through 1D of Sec. 63.3961 and Equations 2, 3, and 3A through 3C 
of Sec. 63.3961 as applicable; the calculation of the total mass of 
organic HAP emissions each month using Equation 4 of Sec. 63.3961; and 
the calculation of the 12-month organic HAP emission rate using Equation 
5 of Sec. 63.3961.
    (9) For the emission rate with add-on controls option, you must 
include the information specified in paragraphs (c)(9)(i) through (iv) 
of this section, except that the requirements in paragraphs (c)(9)(i) 
through (iii) of this section do not apply to solvent recovery systems 
for which you conduct liquid-liquid material balances according to Sec. 
63.3961(j).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure (PTE) or a 
measurement of the emission capture system efficiency. Include a 
description of the protocol followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you use 
the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show you 
meet the DQO or LCL criteria in appendix A to subpart KK of this part. 
You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented the 
work practice plan required by Sec. 63.3893.
    (10) If you are complying with a single emission limit representing 
the predominant activity under Sec. 63.3890(c)(1), include the 
calculations and supporting information used to demonstrate that this 
emission limit represents the predominant activity as specified in Sec. 
63.3890(c)(1).
    (11) If you are complying with a facility-specific emission limit 
under Sec. 63.3890(c)(2), include the calculation of the facility-
specific emission limit and any supporting information as specified in 
Sec. 63.3890(c)(2).

[69 FR 157, Jan. 2, 2004, as amended at 69 FR 22660, Apr. 26, 2004; 85 
FR 73906, Nov. 19, 2020]



Sec. 63.3920  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (7) of this section. The 
semiannual compliance reporting requirements may be satisfied by reports 
required under other parts of the Clean Air Act (CAA), as specified in 
paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved or agreed to a 
different schedule for submission of reports under Sec. 63.10(a), you 
must prepare and

[[Page 744]]

submit each semiannual compliance report according to the dates 
specified in paragraphs (a)(1)(i) through (iv) of this section. Note 
that the information reported for each of the months in the reporting 
period will be based on the last 12 months of data prior to the date of 
each monthly calculation.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec. 63.3940, Sec. 63.3950, or 
Sec. 63.3960 that applies to your affected source and ends on June 30 
or December 31, whichever date is the first date following the end of 
the initial compliance period.
    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 or 
the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual 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.
    (iv) 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 date specified in paragraph (a)(1)(iii) of 
this section.
    (2) Inclusion with title V report. 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 semiannual 
compliance report pursuant to this section 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 semiannual compliance report 
includes all required information concerning deviations from any 
emission limitation in this subpart, its submission will be deemed to 
satisfy any obligation to report the same deviations in the semiannual 
monitoring report. However, submission of a semiannual compliance report 
shall not otherwise affect any obligation the affected source may have 
to report deviations from permit requirements to the permitting 
authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (vii) 
of this section, and the information specified in paragraphs (a)(4) 
through (7) and (c)(1) of this section that is applicable to your 
affected source.
    (i) Company name and address.
    (ii) 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.
    (iii) Date of report and beginning and ending dates of the reporting 
period. The reporting period is the 6-month period ending on June 30 or 
December 31. Note that the information reported for each of the 6 months 
in the reporting period will be based on the last 12 months of data 
prior to the date of each monthly calculation.
    (iv) Identification of the compliance option or options specified in 
Sec. 63.3891 that you used on each coating operation during the 
reporting period. If you switched between compliance options during the 
reporting period, you must report the beginning and ending dates for 
each option you used.
    (v) If you used the emission rate without add-on controls or the 
emission rate with add-on controls compliance option (Sec. 63.3891(b) 
or (c)), the calculation results for each rolling 12-month organic HAP 
emission rate during the 6-month reporting period.
    (vi) If you used the predominant activity alternative (Sec. 
63.3890(c)(1)), include the annual determination of predominant activity 
if it was not included in the previous semi-annual compliance report.
    (vii) If you used the facility-specific emission limit alternative 
(Sec. 63.3890(c)(2)), include the calculation of the facility-specific 
emission limit

[[Page 745]]

for each 12-month compliance period during the 6-month reporting period.
    (4) No deviations. If there were no deviations from the emission 
limitations in Sec. Sec. 63.3890, 63.3892, and 63.3893 that apply to 
you, the semiannual compliance report must include a statement that 
there were no deviations from the emission limitations during the 
reporting period. If you used the emission rate with add-on controls 
option and there were no periods during which the continuous parameter 
monitoring systems (CPMS) were out-of-control as specified in Sec. 
63.8(c)(7), the semiannual compliance report must include a statement 
that there were no periods during which the CPMS were out-of-control 
during the reporting period.
    (5) Deviations: Compliant material option. If you used the compliant 
material option and there was a deviation from the applicable organic 
HAP content requirements in Sec. 63.3890, the semiannual compliance 
report must contain the information in paragraphs (a)(5)(i) through (v) 
of this section.
    (i) Identification of each coating used that deviated from the 
applicable emission limit, and each thinner and/or other additive, and 
cleaning material used that contained organic HAP, and the dates, time 
and duration each was used.
    (ii) The calculation of the organic HAP content (using Equation 2 of 
Sec. 63.3941) for each coating identified in paragraph (a)(5)(i) of 
this section. You do not need to submit background data supporting this 
calculation (e.g., information provided by coating suppliers or 
manufacturers, or test reports).
    (iii) The determination of mass fraction of organic HAP for each 
thinner and/or other additive, and cleaning material identified in 
paragraph (a)(5)(i) of this section. You do not need to submit 
background data supporting this calculation (e.g., information provided 
by material suppliers or manufacturers, or test reports).
    (iv) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (v) On and after January 5, 2021, the number of deviations and, for 
each deviation, a list of the affected source or equipment, an estimate 
of the quantity of each regulated pollutant emitted over any applicable 
emission limit in Sec. 63.3890, a description of the method used to 
estimate the emissions, and the actions you took to minimize emissions 
in accordance with Sec. 63.3900(b).
    (6) Deviations: Emission rate without add-on controls option. If you 
used the emission rate without add-on controls option and there was a 
deviation from the applicable emission limit in Sec. 63.3890, the 
semiannual compliance report must contain the information in paragraphs 
(a)(6)(i) through (iv) of this section.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec. 63.3890.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for the compliance period in which the deviation occurred. 
You must submit the calculations for Equations 1, 1A through 1C, 2, and 
3 of Sec. 63.3951; and if applicable, the calculation used to determine 
mass of organic HAP in waste materials according to Sec. 63.3951(e)(4). 
You do not need to submit background data supporting these calculations 
(e.g., information provided by materials suppliers or manufacturers, or 
test reports).
    (iii) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (iv) On and after January 5, 2021, the number of deviations and, for 
each deviation, the date, time, duration, a list of the affected source 
or equipment, an estimate of the quantity of each regulated pollutant 
emitted over any applicable emission limit in Sec. 63.3890, a 
description of the method used to estimate the emissions, and the 
actions you took to minimize emissions in accordance with Sec. 
63.3900(b).
    (7) Deviations: Emission rate with add-on controls option. If you 
used the emission rate with add-on controls option and there was a 
deviation from the applicable emission limit in Sec. 63.3890 or the 
applicable operating limit(s) in table 1 to this subpart (including any 
periods when emissions bypassed the

[[Page 746]]

add-on control device and were diverted to the atmosphere), before 
January 5, 2021, the semiannual compliance report must contain the 
information in paragraphs (a)(7)(i) through (xiv) of this section. This 
includes periods of SSM during which deviations occurred. On and after 
January 5, 2021, the semiannual compliance report must contain the 
information in paragraphs (a)(7)(i) through (xii), (xiv), and (xv) of 
this section. If you use the emission rate with add-on controls option 
and there was a deviation from the applicable work practice standards in 
Sec. 63.3893(b), the semiannual compliance report must contain the 
information in paragraph (a)(7)(xiii) of this section.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec. 63.3890.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for each compliance period in which a deviation occurred. 
You must provide the calculation of the total mass of organic HAP 
emissions for the coatings, thinners and/or other additives, and 
cleaning materials used each month using Equations 1 and 1A through 1C 
of Sec. 63.3951; and, if applicable, the calculation used to determine 
mass of organic HAP in waste materials according to Sec. 63.3951(e)(4); 
the calculation of the total volume of coating solids used each month 
using Equation 2 of Sec. 63.3951; the calculation of the mass of 
organic HAP emission reduction each month by emission capture systems 
and add-on control devices using Equations 1 and 1A through 1D of Sec. 
63.3961, and Equations 2, 3, and 3A through 3C of Sec. 63.3961, as 
applicable; the calculation of the total mass of organic HAP emissions 
each month using Equation 4 of Sec. 63.3961; and the calculation of the 
12-month organic HAP emission rate using Equation 5 of Sec. 63.3961. 
You do not need to submit the background data supporting these 
calculations (e.g., information provided by materials suppliers or 
manufacturers, or test reports).
    (iii) The date and time that each malfunction of the capture system 
or add-on control devices started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) Before January 5, 2021, the date and time that each CPMS was 
inoperative, except for zero (low-level) and high-level checks. On and 
after January 5, 2021, the number of instances that the CPMS was 
inoperative, and for each instance, except for zero (low-level) and 
high-level checks, the date, time, and duration that the CPMS was 
inoperative; the cause (including unknown cause) for the CPMS being 
inoperative; and the actions you took to minimize emissions in 
accordance with Sec. 63.3900(b).
    (vii) Before January 5, 2021, the date, time, and duration that each 
CPMS was out-of-control, including the information in Sec. 63.8(c)(8). 
On and after January 5, 2021, the number of instances that the CPMS was 
out of control as specified in Sec. 63.8(c)(7) and, for each instance, 
the date, time, and duration that the CPMS was out-of-control; the cause 
(including unknown cause) for the CPMS being out-of-control; and 
descriptions of corrective actions taken.
    (viii) Before January 5, 2021, the date and time period of each 
deviation from an operating limit in table 1 to this subpart; date and 
time period of any bypass of the add-on control device; and whether each 
deviation occurred during a period of SSM or during another period. On 
and after January 5, 2021, the number of deviations from an operating 
limit in table 1 to this subpart and, for each deviation, the date, 
time, and duration of each deviation; and the date, time, and duration 
of any bypass of the add-on control device.
    (ix) A summary of the total duration of each deviation from an 
operating limit in Table 1 to this subpart and each bypass of the add-on 
control device during the semiannual reporting period, and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) Before January 5, 2021, a breakdown of the total duration of the 
deviations from the operating limits in table 1 of this subpart and 
bypasses of the add-on control device during the semiannual reporting 
period into those that were due to startup, shutdown,

[[Page 747]]

control equipment problems, process problems, other known causes, and 
other unknown causes. On and after January 5, 2021, a breakdown of the 
total duration of the deviations from the operating limits in Table 1 to 
this subpart and bypasses of the add-on control device during the 
semiannual reporting period into those that were due to control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as a 
percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xiii) Before January 5, 2021, for each deviation from the work 
practice standards, a description of the deviation, the date and time 
period of the deviation, and the actions you took to correct the 
deviation. On and after January 5, 2021, for deviations from the work 
practice standards, the number of deviations, and, for each deviation, 
the information in paragraphs (a)(7)(xiii)(A) and (B) of this section:
    (A) A description of the deviation; the date, time, and duration of 
the deviation; and the actions you took to minimize emissions in 
accordance with Sec. 63.3900(b).
    (B) The description required in paragraph (a)(7)(xiii)(A) of this 
section must include a list of the affected sources or equipment for 
which a deviation occurred and the cause of the deviation (including 
unknown cause, if applicable).
    (xiv) Before January 5, 2021, statement of the cause of each 
deviation. On and after January 5, 2021, for deviations from an emission 
limit in Sec. 63.3890 or an operating limit in table 1 to this subpart, 
a statement of the cause of each deviation (including unknown cause, if 
applicable) and the actions you took to minimize emissions in accordance 
with Sec. 63.3900(b).
    (xv) On and after January 5, 2021, for each deviation from an 
emission limit in Sec. 63.3890 or operating limit in table 1 to this 
subpart, a list of the affected sources or equipment for which a 
deviation occurred, an estimate of the quantity of each regulated 
pollutant emitted over any emission limit in Sec. 63.3890 or operating 
limit in table 1 to this subpart, and a description of the method used 
to estimate the emissions.
    (b) Performance test reports. If you use the emission rate with add-
on controls option, you must submit reports of performance test results 
for emission capture systems and add-on control devices no later than 60 
days after completing the tests as specified in Sec. 63.10(d)(2).
    (c) SSM reports. Before January 5, 2021, if you used the emission 
rate with add-on controls option and you had a SSM during the semiannual 
reporting period, you must submit the reports specified in paragraphs 
(c)(1) and (2) of this section. On and after January 5, 2021, the 
reports specified in paragraphs (c)(1) and (2) of this section are not 
required.
    (1) If your actions were consistent with your startup, shutdown, and 
malfunction plan, you must include the information specified in Sec. 
63.10(d) in the semiannual compliance report required by paragraph (a) 
of this section.
    (2) If your actions were not consistent with your startup, shutdown, 
and malfunction plan, you must submit an immediate startup, shutdown, 
and malfunction report as described in paragraphs (c)(2)(i) and (ii) of 
this section.
    (i) You must describe the actions taken during the event in a report 
delivered by facsimile, telephone, or other means to the Administrator 
within 2 working days after starting actions that are inconsistent with 
the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec. 
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec. 63.10(d)(5)(ii).
    (d) Performance test reports. On and after January 5, 2021, you must 
submit the results of the performance test required in Sec. Sec. 
63.3940 and 63.3950 following

[[Page 748]]

the procedure specified in paragraphs (d)(1) through (3) 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). The CEDRI interface 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.
    (2) For 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, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec. 63.13, unless 
the Administrator agrees to or specifies an alternate reporting method.
    (3) If you claim that some of the performance test information being 
submitted under paragraph (d)(1) of this section 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 medium to the EPA. The 
electronic medium 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 in paragraph (d)(1) of this section.
    (e) Initial notification reports. On and after January 5, 2021, the 
owner or operator shall submit the initial notifications required in 
Sec. 63.9(b) and the notification of compliance status required in 
Sec. Sec. 63.9(h) and 63.3910(c) to the EPA via the CEDRI. The CEDRI 
interface can be accessed through the EPA's CDX (https://cdx.epa.gov/). 
The owner or operator must upload to CEDRI an electronic copy of each 
applicable notification in portable document format (PDF). The 
applicable notification must be submitted by the deadline specified in 
this subpart, regardless of the method in which the reports are 
submitted. Owners or operators who claim that some of the information 
required to be submitted via CEDRI is CBI shall submit a complete report 
generated using the appropriate form in CEDRI or an alternate electronic 
file consistent with the XML schema listed on the EPA's CEDRI website, 
including information claimed to be CBI, on a compact disc, flash drive, 
or other commonly used electronic storage medium to the EPA. The 
electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted shall be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph.
    (f) Semiannual compliance reports. On and after January 5, 2021, or 
once the reporting template has been available on the CEDRI website for 
1 year, whichever date is later, the owner or operator shall submit the 
semiannual compliance report required in paragraph (a) of this section 
to the EPA via the CEDRI. The CEDRI interface can be accessed through 
the EPA's CDX (https://cdx.epa.gov/). The owner or operator must use the 
appropriate electronic template on the CEDRI website for this subpart or 
an alternate electronic file format consistent with the XML schema 
listed on the CEDRI website (https://www.epa.gov/electronic- reporting-
air-emissions/compliance- and-emissions-data-reporting- interface-
cedri). The date report templates become available will be listed on the 
CEDRI website. If the reporting form for the semiannual compliance 
report specific to this subpart is not available in CEDRI at the time 
that the report is due, you must submit the report to the

[[Page 749]]

Administrator at the appropriate addresses listed in Sec. 63.13. Once 
the form has been available in CEDRI for 1 year, you must begin 
submitting all subsequent reports via CEDRI. The reports must be 
submitted by the deadlines specified in this subpart, regardless of the 
method in which the reports are submitted. Owners or operators who claim 
that some of the information required to be submitted via CEDRI is CBI 
shall submit a complete report generated using the appropriate form in 
CEDRI or an alternate electronic file consistent with the XML schema 
listed on the EPA's CEDRI website, including information claimed to be 
CBI, on a compact disc, flash drive, or other commonly used electronic 
storage medium to the EPA. The electronic medium shall be clearly marked 
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted shall be submitted to the 
EPA via the EPA's CDX as described earlier in this paragraph.
    (g) Reporting during EPA system outages. If you are required to 
electronically submit a report through the CEDRI in the EPA's CDX, and 
due to a planned or actual outage of either the EPA's CEDRI or CDX 
systems within the period of time beginning 5 business days prior to the 
date that the submission is due, you will be or are precluded from 
accessing CEDRI or CDX and submitting a required report within the time 
prescribed, you may assert a claim of the EPA system outage for failure 
to timely comply with the reporting requirement. You must submit 
notification to the Administrator in writing as soon as possible 
following the date you first knew, or through due diligence should have 
known, that the event may cause or caused a delay in reporting. You must 
provide to the Administrator a written description identifying the date, 
time, and length of the outage; a rationale for attributing the delay in 
reporting beyond the regulatory deadline to the EPA system outage; 
describe the measures taken or to be taken to minimize the delay in 
reporting; and identify a date by which you propose to report, or if you 
have already met the reporting requirement at the time of the 
notification, the date you reported. In any circumstance, the report 
must be submitted electronically as soon as possible after the outage is 
resolved. The decision to accept the claim of the EPA system outage and 
allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.
    (h) Reporting during force majeure events. If you are required to 
electronically submit a report through CEDRI in the EPA's CDX and a 
force majeure event is about to occur, occurs, or has occurred or there 
are lingering effects from such an event within the period of time 
beginning 5 business days prior to the date the submission is due, the 
owner or operator may assert a claim of force majeure for failure to 
timely comply with the reporting requirement. For the purposes of this 
section, a force majeure event is defined as an event that will be or 
has been caused by circumstances beyond the control of the affected 
facility, its contractors, or any entity controlled by the affected 
facility that prevents you from complying with the requirement to submit 
a report electronically within the time period prescribed. Examples of 
such events are acts of nature (e.g., hurricanes, earthquakes, or 
floods), acts of war or terrorism, or equipment failure or safety hazard 
beyond the control of the affected facility (e.g., large scale power 
outage). If you intend to assert a claim of force majeure, you must 
submit notification to the Administrator in writing as soon as possible 
following the date you first knew, or through due diligence should have 
known, that the event may cause or caused a delay in reporting. You must 
provide to the Administrator a written description of the force majeure 
event and a rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event; describe the measures 
taken or to be taken to minimize the delay in reporting; and identify a 
date by which you propose to report, or if you have already met the 
reporting requirement at the time of the notification, the date you 
reported. In any circumstance, the reporting must occur as soon as 
possible after the force

[[Page 750]]

majeure event occurs. The decision to accept the claim of force majeure 
and allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41138, July 8, 2020]



Sec. 63.3930  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart, and the documentation supporting each 
notification and report. If you are using the predominant activity 
alternative under Sec. 63.3890(c), you must keep records of the data 
and calculations used to determine the predominant activity. If you are 
using the facility-specific emission limit alternative under Sec. 
63.3890(c), you must keep records of the data used to calculate the 
facility-specific emission limit for the initial compliance 
demonstration. You must also keep records of any data used in each 
annual predominant activity determination and in the calculation of the 
facility-specific emission limit for each 12-month compliance period 
included in the semi-annual compliance reports.
    (b) A current copy of information provided by materials suppliers or 
manufacturers, such as manufacturer's formulation data, or test data 
used to determine the mass fraction of organic HAP and density for each 
coating, thinner and/or other additive, and cleaning material, and the 
volume fraction of coating solids for each coating. If you conducted 
testing to determine mass fraction of organic HAP, density, or volume 
fraction of coating solids, you must keep a copy of the complete test 
report. If you use information provided to you by the manufacturer or 
supplier of the material that was based on testing, you must keep the 
summary sheet of results provided to you by the manufacturer or 
supplier. You are not required to obtain the test report or other 
supporting documentation from the manufacturer or supplier.
    (c) For each compliance period, the records specified in paragraphs 
(c)(1) through (4) of this section.
    (1) A record of the coating operations on which you used each 
compliance option and the time periods (beginning and ending dates and 
times) for each option you used.
    (2) For the compliant material option, a record of the calculation 
of the organic HAP content for each coating, using Equation 2 of Sec. 
63.3941.
    (3) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coatings, thinners and/or other additives, and cleaning materials used 
each month using Equations 1, 1A through 1C, and 2 of Sec. 63.3951; 
and, if applicable, the calculation used to determine mass of organic 
HAP in waste materials according to Sec. 63.3951(e)(4); the calculation 
of the total volume of coating solids used each month using Equation 2 
of Sec. 63.3951; and the calculation of each 12-month organic HAP 
emission rate using Equation 3 of Sec. 63.3951.
    (4) For the emission rate with add-on controls option, records of 
the calculations specified in paragraphs (c)(4)(i) through (v) of this 
section.
    (i) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners and/or other additives, and cleaning materials 
used each month using Equations 1 and 1A through 1C of Sec. 63.3951 
and, if applicable, the calculation used to determine mass of organic 
HAP in waste materials according to Sec. 63.3951(e)(4);
    (ii) The calculation of the total volume of coating solids used each 
month using Equation 2 of Sec. 63.3951;
    (iii) The calculation of the mass of organic HAP emission reduction 
by emission capture systems and add-on control devices using Equations 1 
and 1A through 1D of Sec. 63.3961 and Equations 2, 3, and 3A through 3C 
of Sec. 63.3961, as applicable;
    (iv) The calculation of each month's organic HAP emission rate using 
Equation 4 of Sec. 63.3961; and
    (v) The calculation of each 12-month organic HAP emission rate using 
Equation 5 of Sec. 63.3961.
    (d) A record of the name and volume of each coating, thinner and/or 
other

[[Page 751]]

additive, and cleaning material used during each compliance period. If 
you are using the compliant material option for all coatings at the 
source, you may maintain purchase records for each material used rather 
than a record of the volume used.
    (e) A record of the mass fraction of organic HAP for each coating, 
thinner and/or other additive, and cleaning material used during each 
compliance period unless the material is tracked by weight.
    (f) A record of the volume fraction of coating solids for each 
coating used during each compliance period.
    (g) If you use either the emission rate without add-on controls or 
the emission rate with add-on controls compliance option, the density 
for each coating, thinner and/or other additive, and cleaning material 
used during each compliance period.
    (h) If you use an allowance in Equation 1 of Sec. 63.3951 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) according 
to Sec. 63.3951(e)(4), you must keep records of the information 
specified in paragraphs (h)(1) through (3) of this section.
    (1) The name and address of each TSDF to which you sent waste 
materials for which you use an allowance in Equation 1 of Sec. 63.3951; 
a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 
apply to the facility; and the date of each shipment.
    (2) Identification of the coating operations producing waste 
materials included in each shipment and the month or months in which you 
used the allowance for these materials in Equation 1 of Sec. 63.3951.
    (3) The methodology used in accordance with Sec. 63.3951(e)(4) to 
determine the total amount of waste materials sent to or the amount 
collected, stored, and designated for transport to a TSDF each month; 
and the methodology to determine the mass of organic HAP contained in 
these waste materials. This must include the sources for all data used 
in the determination, methods used to generate the data, frequency of 
testing or monitoring, and supporting calculations and documentation, 
including the waste manifest for each shipment.
    (i) [Reserved]
    (j) Before January 5, 2021, you must keep records of the date, time, 
and duration of each deviation. On and after January 5, 2021, for each 
deviation from an emission limitation reported under Sec. 63.3920(a)(5) 
through (7), a record of the information specified in paragraphs (j)(1) 
through (4) of this section, as applicable.
    (1) The date, time, and duration of the deviation, as reported under 
Sec. 63.3920(a)(5) through (7).
    (2) A list of the affected sources or equipment for which the 
deviation occurred and the cause of the deviation, as reported under 
Sec. 63.3920(a)(5) through (7).
    (3) An estimate of the quantity of each regulated pollutant emitted 
over any applicable emission limit in Sec. 63.3890 or any applicable 
operating limit in table 1 to this subpart, and a description of the 
method used to calculate the estimate, as reported under Sec. 
63.3920(a)(5) through (7).
    (4) A record of actions taken to minimize emissions in accordance 
with Sec. 63.3900(b) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (k) If you use the emission rate with add-on controls option, you 
must also keep the records specified in paragraphs (k)(1) through (8) of 
this section.
    (1) Before January 5, 2021, for each deviation, a record of whether 
the deviation occurred during a period of SSM. On and after January 5, 
2021, a record of whether the deviation occurred during a period of SSM 
is not required.
    (2) Before January 5, 2021, the records in Sec. 63.6(e)(3)(iii) 
through (v) related to SSM. On and after January 5, 2021, the records in 
Sec. 63.6(e)(3)(iii) through (v) related to SSM are not required.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 1 to this subpart that applies to 
you.
    (4) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR

[[Page 752]]

part 51 for a PTE and has a capture efficiency of 100 percent, as 
specified in Sec. 63.3965(a).
    (5) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec. 63.3964 and 63.3965(b) through (e), 
including the records specified in paragraphs (k)(5)(i) through (iii) of 
this section that apply to you.
    (i) Records for a liquid-to-uncaptured gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH) as measured by Method 204A or 204F of 
appendix M to 40 CFR part 51 for each material used in the coating 
operation, and the total TVH for all materials used during each capture 
efficiency test run, including a copy of the test report. Records of the 
mass of TVH emissions not captured by the capture system that exited the 
temporary total enclosure or building enclosure during each capture 
efficiency test run, as measured by Method 204D or 204E of appendix M to 
40 CFR part 51, including a copy of the test report. Records documenting 
that the enclosure used for the capture efficiency test met the criteria 
in Method 204 of appendix M to 40 CFR part 51 for either a temporary 
total enclosure or a building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or 
204C of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run as measured by Method 204D or 204E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (iii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec. 63.3965(e), if applicable.
    (6) The records specified in paragraphs (k)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec. 63.3966.
    (i) Records of each add-on control device performance test conducted 
according to Sec. Sec. 63.3964 and 63.3966.
    (ii) Records of the coating operation conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as specified 
in Sec. 63.3967 and to document compliance with the operating limits as 
specified in Table 1 to this subpart.
    (8) A record of the work practice plan required by Sec. 63.3893 and 
documentation that you are implementing the plan on a continuous basis.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41141, July 8, 2020]



Sec. 63.3931  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). Where 
appropriate, the records may be maintained as electronic spreadsheets or 
as a database. On and after January 5, 2021, any records required to be 
maintained by this subpart that are in reports that were 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.
    (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

[[Page 753]]

each occurrence, measurement, maintenance, corrective action, report, or 
record according to Sec. 63.10(b)(1). You may keep the records off-site 
for the remaining 3 years.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41141, July 8, 2020]

        Compliance Requirements for the Compliant Material Option



Sec. 63.3940  By what date must I conduct the initial compliance demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements in Sec. 
63.3941. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3883 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through that month plus the next 12 months. 
The initial compliance demonstration includes the calculations according 
to Sec. 63.3941 and supporting documentation showing that during the 
initial compliance period, you used no coating with an organic HAP 
content that exceeded the applicable emission limit in Sec. 63.3890, 
and that you used no thinners and/or other additives, or cleaning 
materials that contained organic HAP as determined according to Sec. 
63.3941(a).



Sec. 63.3941  How do I demonstrate initial compliance with the emission limitations?

    You may use the compliant material option for any individual coating 
operation, for any group of coating operations in the affected source, 
or for all the coating operations in the affected source. You must use 
either the emission rate without add-on controls option or the emission 
rate with add-on controls option for any coating operation in the 
affected source for which you do not use this option. To demonstrate 
initial compliance using the compliant material option, the coating 
operation or group of coating operations must use no coating with an 
organic HAP content that exceeds the applicable emission limits in Sec. 
63.3890 and must use no thinner and/or other additive, or cleaning 
material that contains organic HAP as determined according to this 
section. Any coating operation for which you use the compliant material 
option is not required to meet the operating limits or work practice 
standards required in Sec. Sec. 63.3892 and 63.3893, respectively. You 
must conduct a separate initial compliance demonstration for each 
general use, high performance, magnet wire, rubber-to-metal, and extreme 
performance fluoropolymer coating operation unless you are demonstrating 
compliance with a predominant activity or facility-specific emission 
limit as provided in Sec. 63.3890(c). If you are demonstrating 
compliance with a predominant activity or facility-specific emission 
limit as provided in Sec. 63.3890(c), you must demonstrate that all 
coating operations included in the predominant activity determination or 
calculation of the facility-specific emission limit comply with that 
limit. You must meet all the requirements of this section. Use the 
procedures in this section on each coating, thinner and/or other 
additive, and cleaning material in the condition it is in when it is 
received from its manufacturer or supplier and prior to any alteration. 
You do not need to redetermine the organic HAP content of coatings, 
thinners and/or other additives, and cleaning materials that are 
reclaimed on-site (or reclaimed off-site if you have documentation 
showing that you received back the exact same materials that were sent 
off-site) and reused in the coating operation for which you use the 
compliant material option, provided these materials in their condition 
as received were demonstrated to comply with the compliant material 
option.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating, thinner and/or other additive, and cleaning material used 
during the compliance period by using one of the options in paragraphs 
(a)(1) through (5) of this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for

[[Page 754]]

determining the mass fraction of organic HAP. Use the procedures 
specified in paragraphs (a)(1)(i) and (ii) of this section when 
performing a Method 311 test.
    (i) Count each organic HAP in table 5 to this subpart that is 
measured to be present at 0.1 percent by mass or more and at 1.0 percent 
by mass or more for other compounds. For example, if toluene (not listed 
in table 5 to this subpart) is measured to be 0.5 percent of the 
material by mass, you do not have to count it. Express the mass fraction 
of each organic HAP you count as a value truncated to four places after 
the decimal point (e.g., 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (e.g., 
0.763).
    (2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may 
use Method 24 to determine the mass fraction of nonaqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP. For reactive adhesives in which some of the HAP react to form 
solids and are not emitted to the atmosphere, you may use the 
alternative method contained in appendix A to subpart PPPP of this part, 
rather than Method 24. You may use the volatile fraction that is 
emitted, as measured by the alternative method in appendix A to subpart 
PPPP of this part, as a substitute for the mass fraction of organic HAP.
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec. 63.7(f) to submit an 
alternative test method for approval.
    (4) 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) through (3) of this section, such 
as manufacturer's formulation data, if it represents each organic HAP in 
table 5 to this subpart that is present at 0.1 percent by mass or more 
and at 1.0 percent by mass or more for other compounds. For example, if 
toluene (not listed in table 5 to this subpart) is 0.5 percent of the 
material by mass, you do not have to count it. For reactive adhesives in 
which some of the HAP react to form solids and are not emitted to the 
atmosphere, you may rely on manufacturer's data that expressly states 
the organic HAP or volatile matter mass fraction emitted. If there is a 
disagreement between such information and results of a test conducted 
according to paragraphs (a)(1) through (3) of this section, then the 
test method results will take precedence unless, after consultation, you 
demonstrate to the satisfaction of the enforcement agency that the 
formulation data are correct.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in these 
solvent blends listed in Table 3 or 4 to this subpart. If you use the 
tables, you must use the values in Table 3 for all solvent blends that 
match Table 3 entries according to the instructions for Table 3, and you 
may use Table 4 only if the solvent blends in the materials you use do 
not match any of the solvent blends in Table 3 and you know only whether 
the blend is aliphatic or aromatic. However, if the results of a Method 
311 (appendix A to 40 CFR part 63) test indicate higher values than 
those listed on Table 3 or 4 to this subpart, the Method 311 results 
will take precedence unless, after consultation, you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters (gal) of coating solids per liter (gal) of coating) for each 
coating used during the compliance period by a test, by information 
provided by the supplier or the manufacturer of the material, or by 
calculation, as specified in paragraphs (b)(1) through (4) of

[[Page 755]]

this section. If test results obtained according to paragraph (b)(1) of 
this section do not agree with the information obtained under paragraph 
(b)(3) or (4) of this section, the test results will take precedence 
unless, after consultation, you demonstrate to the satisfaction of the 
enforcement agency that the formulation data are correct.
    (1) ASTM Method D2697-03 (Reapproved 2014) or D6093-97 (Reapproved 
2016). You may use ASTM D2697-03 (Reapproved 2014) (incorporated by 
reference, see Sec. 63.14), or D6093-97 (Reapproved 2016) (incorporated 
by reference, see Sec. 63.14), to determine the volume fraction of 
coating solids for each coating. Divide the nonvolatile volume percent 
obtained with the methods by 100 to calculate volume fraction of coating 
solids.
    (2) Alternative method. You may use an alternative test method for 
determining the solids content of each coating once the Administrator 
has approved it. 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 obtain the volume fraction of coating solids for each coating 
from the supplier or manufacturer.
    (4) Calculation of volume fraction of coating solids. You may 
determine the volume fraction of coating solids using Equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.003

Where:

Vs = Volume fraction of coating solids, liters (gal) coating 
          solids per liter (gal) coating.
mvolatiles = Total volatile matter content of the coating, 
          including HAP, volatile organic compounds (VOC), water, and 
          exempt compounds, determined according to Method 24 in 
          appendix A of 40 CFR part 60, grams volatile matter per liter 
          coating.
Davg = Average density of volatile matter in the coating, 
          grams volatile matter per liter volatile matter, determined 
          from test results using ASTM D1475-13 (incorporated by 
          reference, see Sec. 63.14), information from the supplier or 
          manufacturer of the material, or reference sources providing 
          density or specific gravity data for pure materials. If there 
          is disagreement between ASTM D1475-13 test results and other 
          information sources, the test results will take precedence 
          unless, after consultation you demonstrate to the satisfaction 
          of the enforcement agency that the formulation data are 
          correct.

    (c) Determine the density of each coating. Determine the density of 
each coating used during the compliance period from test results using 
ASTM D1475-13 (incorporated by reference, see Sec. 63.14), information 
from the supplier or manufacturer of the material, or specific gravity 
data for pure chemicals. If there is disagreement between ASTM D1475-13 
test results and the supplier's or manufacturer's information, the test 
results will take precedence unless, after consultation you demonstrate 
to the satisfaction of the enforcement agency that the formulation data 
are correct.
    (d) Determine the organic HAP content of each coating. Calculate the 
organic HAP content, kg (lb) of organic HAP emitted per liter (gal) 
coating solids used, of each coating used during the compliance period 
using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.004

Where:

Hc = Organic HAP content of the coating, kg organic HAP 
          emitted per liter (gal) coating solids used.
Dc = Density of coating, kg coating per liter (gal) coating, 
          determined according to paragraph (c) of this section.
Wc = Mass fraction of organic HAP in the coating, kg organic 
          HAP per kg coating, determined according to paragraph (a) of 
          this section.
Vs = Volume fraction of coating solids, liter (gal) coating 
          solids per liter (gal) coating, determined according to 
          paragraph (b) of this section.

    (e) Compliance demonstration. The calculated organic HAP content for 
each coating used during the initial compliance period must be less than 
or equal to the applicable emission limit in Sec. 63.3890; and each 
thinner and/or other additive, and cleaning material used during the 
initial compliance period must contain no organic HAP, determined 
according to paragraph (a) of this section. You must keep all records 
required by Sec. Sec. 63.3930 and 63.3931. As

[[Page 756]]

part of the notification of compliance status required in Sec. 63.3910, 
you must identify the coating operation(s) for which you used the 
compliant material option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because you used no coatings for 
which the organic HAP content exceeded the applicable emission limit in 
Sec. 63.3890, and you used no thinners and/or other additives, or 
cleaning materials that contained organic HAP, determined according to 
the procedures in paragraph (a) of this section.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41141, July 8, 2020]



Sec. 63.3942  How do I demonstrate continuous compliance with the
emission limitations?

    (a) For each compliance period to demonstrate continuous compliance, 
you must use no coating for which the organic HAP content (determined 
using Equation 2 of Sec. 63.3941) exceeds the applicable emission limit 
in Sec. 63.3890, and use no thinner and/or other additive, or cleaning 
material that contains organic HAP, determined according to Sec. 
63.3941(a). A compliance period consists of 12 months. Each month, after 
the end of the initial compliance period described in Sec. 63.3940, is 
the end of a compliance period consisting of that month and the 
preceding 11 months. If you are complying with a facility-specific 
emission limit under Sec. 63.3890(c), you must also perform the 
calculation using Equation 1 in Sec. 63.3890(c)(2) on a monthly basis 
using the data from the previous 12 months of operation.
    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the use of any coating, thinner and/or 
other additive, or cleaning material that does not meet the criteria 
specified in paragraph (a) of this section is a deviation from the 
emission limitations that must be reported as specified in Sec. Sec. 
63.3910(c)(6) and 63.3920(a)(5).
    (c) As part of each semiannual compliance report required by Sec. 
63.3920, you must identify the coating operation(s) for which you used 
the compliant material option. If there were no deviations from the 
applicable emission limit in Sec. 63.3890, submit a statement that the 
coating operation(s) was (were) in compliance with the emission 
limitations during the reporting period because you used no coatings for 
which the organic HAP content exceeded the applicable emission limit in 
Sec. 63.3890, and you used no thinner and/or other additive, or 
cleaning material that contained organic HAP, determined according to 
Sec. 63.3941(a).
    (d) You must maintain records as specified in Sec. Sec. 63.3930 and 
63.3931.

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option



Sec. 63.3950  By what date must I conduct the initial compliance
demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.3951. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3883 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. You must determine the mass of organic HAP emissions and volume 
of coating solids used each month and then calculate an organic HAP 
emission rate at the end of the initial compliance period. The initial 
compliance demonstration includes the calculations according to Sec. 
63.3951 and supporting documentation showing that during the initial 
compliance period the organic HAP emission rate was equal to or less 
than the applicable emission limit in Sec. 63.3890.



Sec. 63.3951  How do I demonstrate initial compliance with the 
emission limitations?

    You may use the emission rate without add-on controls option for any 
individual coating operation, for any group of coating operations in the 
affected source, or for all the coating operations in the affected 
source. You must use either the compliant material option or the 
emission rate with add-on

[[Page 757]]

controls option for any coating operation in the affected source for 
which you do not use this option. To demonstrate initial compliance 
using the emission rate without add-on controls option, the coating 
operation or group of coating operations must meet the applicable 
emission limit in Sec. 63.3890, but is not required to meet the 
operating limits or work practice standards in Sec. Sec. 63.3892 and 
63.3893, respectively. You must conduct a separate initial compliance 
demonstration for each general use, magnet wire, rubber-to-metal, and 
extreme performance fluoropolymer coating operation unless you are 
demonstrating compliance with a predominant activity or facility-
specific emission limit as provided in Sec. 63.3890(c). If you are 
demonstrating compliance with a predominant activity or facility-
specific emission limit as provided in Sec. 63.3890(c), you must 
demonstrate that all coating operations included in the predominant 
activity determination or calculation of the facility-specific emission 
limit comply with that limit. You must meet all the requirements of this 
section. When calculating the organic HAP emission rate according to 
this section, do not include any coatings, thinners and/or other 
additives, or cleaning materials used on coating operations for which 
you use the compliant material option or the emission rate with add-on 
controls option. You do not need to redetermine the mass of organic HAP 
in coatings, thinners and/or other additives, or cleaning materials that 
have been reclaimed on-site (or reclaimed off-site if you have 
documentation showing that you received back the exact same materials 
that were sent off-site) and reused in the coating operation for which 
you use the emission rate without add-on controls option. If you use 
coatings, thinners and/or other additives, or cleaning materials that 
have been reclaimed on-site, the amount of each used in a month may be 
reduced by the amount of each that is reclaimed. That is, the amount 
used may be calculated as the amount consumed to account for materials 
that are reclaimed.
    (a) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each coating, thinner 
and/or other additive, and cleaning material used during each month 
according to the requirements in Sec. 63.3941(a).
    (b) Determine the volume fraction of coating solids. Determine the 
volume fraction of coating solids (liter (gal) of coating solids per 
liter (gal) of coating) for each coating used during each month 
according to the requirements in Sec. 63.3941(b).
    (c) Determine the density of each material. Determine the density of 
each liquid coating, thinner and/or other additive, and cleaning 
material used during each month from test results using ASTM D1475-13 or 
ASTM D2111-10 (Reapproved 2015) (both incorporated by reference, see 
Sec. 63.14), information from the supplier or manufacturer of the 
material, or reference sources providing density or specific gravity 
data for pure materials. If you are including powder coatings in the 
compliance determination, determine the density of powder coatings, 
using ASTM D5965-02 (Reapproved 2013) (incorporated by reference, see 
Sec. 63.14), or information from the supplier. If there is disagreement 
between ASTM D1475-13 or ASTM D2111-10 (Reapproved 2015) test results 
and other such information sources, the test results will take 
precedence unless, after consultation you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct. If you purchase materials or monitor consumption by weight 
instead of volume, you do not need to determine material density. 
Instead, you may use the material weight in place of the combined terms 
for density and volume in Equations 1A, 1B, 1C, and 2 of this section.
    (d) Determine the volume of each material used. Determine the volume 
(liters) of each coating, thinner and/or other additive, and cleaning 
material used during each month by measurement or usage records. If you 
purchase materials or monitor consumption by weight instead of volume, 
you do not need to determine the volume of each material used. Instead, 
you may use the material weight in place of the combined terms for 
density and volume in Equations 1A, 1B, and 1C of this section.

[[Page 758]]

    (e) Calculate the mass of organic HAP emissions. The mass of organic 
HAP emissions is the combined mass of organic HAP contained in all 
coatings, thinners and/or other additives, and cleaning materials used 
during each month minus the organic HAP in certain waste materials. 
Calculate the mass of organic HAP emissions using Equation 1 of this 
section.
[GRAPHIC] [TIFF OMITTED] TR02JA04.005

Where:

He = Total mass of organic HAP emissions during the month, 
          kg.
A = Total mass of organic HAP in the coatings used during the month, kg, 
          as calculated in Equation 1A of this section.
B = Total mass of organic HAP in the thinners and/or other additives 
          used during the month, kg, as calculated in Equation 1B of 
          this section.
C = Total mass of organic HAP in the cleaning materials used during the 
          month, kg, as calculated in Equation 1C of this section.
Rw = Total mass of organic HAP in waste materials sent or 
          designated for shipment to a hazardous waste TSDF for 
          treatment or disposal during the month, kg, determined 
          according to paragraph (e)(4) of this section. (You may assign 
          a value of zero to R w if you do not wish to use 
          this allowance.)

    (1) Calculate the kg organic HAP in the coatings used during the 
month using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.006

Where:

A = Total mass of organic HAP in the coatings used during the month, kg.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Dc,i = Density of coating, i, kg coating per liter coating.
Wc,i = Mass fraction of organic HAP in coating, i, kg organic 
          HAP per kg coating. For reactive adhesives as defined in Sec. 
          63.3981, use the mass fraction of organic HAP that is emitted 
          as determined using the method in appendix A to subpart PPPP 
          of this part.
m = Number of different coatings used during the month.

    (2) Calculate the kg of organic HAP in the thinners and/or other 
additives used during the month using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.007

Where:

B = Total mass of organic HAP in the thinners and/or other additives 
          used during the month, kg.
Volt,j = Total volume of thinner and/or other additive, j, 
          used during the month, liters.
Dt,j = Density of thinner and/or other additive, j, kg per 
          liter.
Wt,j = Mass fraction of organic HAP in thinner and/or other 
          additive, j, kg organic HAP per kg thinner and/or other 
          additive. For reactive adhesives as defined in Sec. 63.3981, 
          use the mass fraction of organic HAP that is emitted as 
          determined using the method in appendix A to subpart PPPP of 
          this part.
n = Number of different thinners and/or other additives used during the 
          month.

    (3) Calculate the kg organic HAP in the cleaning materials used 
during the month using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.008

Where:

C = Total mass of organic HAP in the cleaning materials used during the 
          month, kg.
Vols,k = Total volume of cleaning material, k, used during 
          the month, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          kg organic HAP per kg material.
p = Number of different cleaning materials used during the month.

    (4) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF in Equation 1 of this section, then you must determine the mass 
according to paragraphs (e)(4)(i) through (iv) of this section.
    (i) You may only include waste materials in the determination that 
are generated by coating operations in the affected source for which you 
use Equation 1 of this section and that will be treated or disposed of 
by a facility that is regulated as a TSDF under 40 CFR part 262, 264, 
265, or 266. The TSDF may be either off-site or on-site. You may not 
include organic HAP contained in wastewater.

[[Page 759]]

    (ii) You must determine either the amount of the waste materials 
sent to a TSDF during the month or the amount collected and stored 
during the month and designated for future transport to a TSDF. Do not 
include in your determination any waste materials sent to a TSDF during 
a month if you have already included them in the amount collected and 
stored during that month or a previous month.
    (iii) Determine the total mass of organic HAP contained in the waste 
materials specified in paragraph (e)(4)(ii) of this section.
    (iv) You must document the methodology you use to determine the 
amount of waste materials and the total mass of organic HAP they 
contain, as required in Sec. 63.3930(h). If waste manifests include 
this information, they may be used as part of the documentation of the 
amount of waste materials and mass of organic HAP contained in them.
    (f) Calculate the total volume of coating solids used. Determine the 
total volume of coating solids used, liters, which is the combined 
volume of coating solids for all the coatings used during each month, 
using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.009

Where:

Vst = Total volume of coating solids used during the month, 
          liters.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Vs,i = Volume fraction of coating solids for coating, i, 
          liter solids per liter coating, determined according to Sec. 
          63.3941(b).
m = Number of coatings used during the month.

    (g) Calculate the organic HAP emission rate. Calculate the organic 
HAP emission rate for the compliance period, kg (lb) organic HAP emitted 
per liter (gal) coating solids used, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.010

Where:

Hyr = Average organic HAP emission rate for the compliance 
          period, kg organic HAP emitted per liter coating solids used.
He = Total mass of organic HAP emissions from all materials 
          used during month, y, kg, as calculated by Equation 1 of this 
          section.
Vst = Total volume of coating solids used during month, y, 
          liters, as calculated by Equation 2 of this section.
y = Identifier for months.
n = Number of full or partial months in the compliance period (for the 
          initial compliance period, n equals 12 if the compliance date 
          falls on the first day of a month; otherwise n equals 13; for 
          all following compliance periods, n equals 12).

    (h) Compliance demonstration. The organic HAP emission rate for the 
initial compliance period calculated using Equation 3 of this section 
must be less than or equal to the applicable emission limit for each 
subcategory in Sec. 63.3890 or the predominant activity or facility-
specific emission limit allowed in Sec. 63.3890(c). You must keep all 
records as required by Sec. Sec. 63.3930 and 63.3931. As part of the 
notification of compliance status required by Sec. 63.3910, you must 
identify the coating operation(s) for which you used the emission rate 
without add-on controls option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in Sec. 
63.3890, determined according to the procedures in this section.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41141, July 8, 2020]



Sec. 63.3952  How do I demonstrate continuous compliance with 
the emission limitations?

    (a) To demonstrate continuous compliance, the organic HAP emission 
rate for each compliance period, determined according to Sec. 
63.3951(a) through (g), must be less than or equal to the applicable 
emission limit in Sec. 63.3890. A compliance period consists of 12 
months. Each month after the end of the initial compliance period 
described in Sec. 63.3950 is the end of a compliance period consisting 
of that month and the preceding 11 months. You must perform

[[Page 760]]

the calculations in Sec. 63.3951(a) through (g) on a monthly basis 
using data from the previous 12 months of operation. If you are 
complying with a facility-specific emission limit under Sec. 
63.3890(c), you must also perform the calculation using Equation 1 in 
Sec. 63.3890(c)(2) on a monthly basis using the data from the previous 
12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec. 63.3890, this is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec. 63.3910(c)(6) and 
63.3920(a)(6).
    (c) As part of each semiannual compliance report required by Sec. 
63.3920, you must identify the coating operation(s) for which you used 
the emission rate without add-on controls option. If there were no 
deviations from the emission limitations, you must submit a statement 
that the coating operation(s) was (were) in compliance with the emission 
limitations during the reporting period because the organic HAP emission 
rate for each compliance period was less than or equal to the applicable 
emission limit in Sec. 63.3890, determined according to Sec. 
63.3951(a) through (g).
    (d) You must maintain records as specified in Sec. Sec. 63.3930 and 
63.3931.

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option



Sec. 63.3960  By what date must I conduct performance tests and
other initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.3883. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.3961(j), you must conduct according to the schedule in paragraphs 
(a)(1)(i) and (ii) of this section initial and periodic performance 
tests of each capture system and add-on control device according to the 
procedures in Sec. Sec. 63.3964, 63.3965, and 63.3966 and establish the 
operating limits required by Sec. 63.3892. For a solvent recovery 
system for which you conduct liquid-liquid material balances according 
to Sec. 63.3961(j), you must initiate the first material balance no 
later than the applicable compliance date specified in Sec. 63.3883. 
For magnet wire coating operations, you may, with approval, conduct a 
performance test of one representative magnet wire coating machine for 
each group of identical or very similar magnet wire coating machines.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec. 63.3892 no later than 180 days after 
the applicable compliance date specified in Sec. 63.3883.
    (ii) You must conduct periodic performance tests and establish the 
operating limits required by Sec. 63.3892 within 5 years following the 
previous performance test. You must conduct the first periodic 
performance test before July 8, 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 40 CFR part 71 and 
have conducted a performance test on or after July 8, 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. For any control device for 
which you are using the catalytic oxidizer control option at Sec. 
63.3967(b) and following the catalyst maintenance procedures in Sec. 
63.3967(b)(4), you are not required to conduct periodic testing control 
device performance testing as specified by this paragraph. For any 
control device for which instruments are used to continuously measure 
organic compound emissions, you are not required to conduct periodic 
control device performance testing as specified by this paragraph.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.3893 no later than the compliance date specified in 
Sec. 63.3883.

[[Page 761]]

    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.3961. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3883 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. You must determine the mass of organic HAP emissions and volume 
of coatings solids used each month and then calculate an organic HAP 
emission rate at the end of the initial compliance period. The initial 
compliance demonstration includes the results of emission capture system 
and add-on control device performance tests conducted according to 
Sec. Sec. 63.3964, 63.3965, and 63.3966; results of liquid-liquid 
material balances conducted according to Sec. 63.3961(j); calculations 
according to Sec. 63.3961 and supporting documentation showing that 
during the initial compliance period the organic HAP emission rate was 
equal to or less than the applicable emission limit in Sec. 63.3890; 
the operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by Sec. 
63.3968; and documentation of whether you developed and implemented the 
work practice plan required by Sec. 63.3893.
    (4) For the initial compliance demonstration, you do not need to 
comply with the operating limits for the emission capture system and 
add-on control device required by Sec. 63.3892 until after you have 
completed the initial performance tests specified in paragraph (a)(1) of 
this section. Instead, you must maintain a log detailing the operation 
and maintenance of the emission capture system, add-on control device, 
and continuous parameter monitors during the period between the 
compliance date and the performance test. You must begin complying with 
the operating limits established based on the initial performance tests 
specified in paragraph (a)(1) of this section for your affected source 
on the date you complete the performance tests. For magnet wire coating 
operations, you must begin complying with the operating limits for all 
identical or very similar magnet wire coating machines on the date you 
complete the performance test of a representative magnet wire coating 
machine. The requirements in this paragraph (a)(4) do not apply to 
solvent recovery systems for which you conduct liquid-liquid material 
balances according to the requirements in Sec. 63.3961(j).
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.3883. Except for magnet wire coating 
operations and solvent recovery systems for which you conduct liquid-
liquid material balances according to Sec. 63.3961(j), you must conduct 
according to the schedule in paragraphs (b)(1)(i) and (ii) of this 
section initial and periodic performance tests of each capture system 
and add-on control device according to the procedures in Sec. Sec. 
63.3964, 63.3965, and 63.3966 and establish the operating limits 
required by Sec. 63.3892. For magnet wire coating operations, you may, 
with approval, conduct a performance test of a single magnet wire 
coating machine that represents identical or very similar magnet wire 
coating machines. For a solvent recovery system for which you conduct 
liquid-liquid material balances according to Sec. 63.3961(j), you must 
initiate the first material balance no later than the compliance date 
specified in Sec. 63.3883.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec. 63.3892 no later than 180 days after 
the applicable compliance date specified in Sec. 63.3883.
    (ii) You must conduct periodic performance tests and establish the 
operating limits required by Sec. 63.3892 within 5 years following the 
previous performance test. You must conduct the first periodic 
performance test before July 8, 2020, unless you are already required to 
complete periodic performance tests as a requirement of renewing your 
facility's operating permit under 40 CFR

[[Page 762]]

part 70 or 40 CFR part 71 and have conducted a performance test on or 
after July 8, 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. 
For any control device for which you are using the catalytic oxidizer 
control option at Sec. 63.3967(b) and following the catalyst 
maintenance procedures in Sec. 63.3967(b)(4), you are not required to 
conduct periodic testing control device performance testing as specified 
by this paragraph. For any control device for which instruments are used 
to continuously measure organic compound emissions, you are not required 
to conduct periodic control device performance testing as specified by 
this paragraph.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.3893 no later than the compliance date specified in 
Sec. 63.3883.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.3961. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3883 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. You must determine the mass of organic HAP emissions and volume 
of coatings solids used each month and then calculate an organic HAP 
emission rate at the end of the initial compliance period. The initial 
compliance demonstration includes the results of emission capture system 
and add-on control device performance tests conducted according to 
Sec. Sec. 63.3964, 63.3965, and 63.3966; results of liquid-liquid 
material balances conducted according to Sec. 63.3961(j); calculations 
according to Sec. 63.3961 and supporting documentation showing that 
during the initial compliance period the organic HAP emission rate was 
equal to or less than the applicable emission limit in Sec. 63.3890; 
the operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by Sec. 
63.3968; and documentation of whether you developed and implemented the 
work practice plan required by Sec. 63.3893.
    (c) You are not required to conduct an initial performance test to 
determine capture efficiency or destruction efficiency of a capture 
system or control device if you receive approval to use the results of a 
performance test that has been previously conducted on that capture 
system or control device. Any such previous tests must meet the 
conditions described in paragraphs (c)(1) through (3) of this section. 
You are still required to conduct a periodic performance test according 
to the applicable requirements of paragraphs (a)(1)(ii) and (b)(2)(ii) 
of this section.
    (1) The previous test must have been conducted using the methods and 
conditions specified in this subpart.
    (2) Either no process or equipment changes have been made since the 
previous test was performed or the owner or operator must be able to 
demonstrate that the results of the performance test, reliably 
demonstrate compliance despite process or equipment changes.
    (3) Either the required operating parameters were established in the 
previous test or sufficient data were collected in the previous test to 
establish the required operating parameters.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41142, July 8, 2020]



Sec. 63.3961  How do I demonstrate initial compliance?

    (a) You may use the emission rate with add-on controls option for 
any coating operation, for any group of coating operations in the 
affected source, or for all of the coating operations in the affected 
source. You may include both controlled and uncontrolled coating 
operations in a group for which you use this option. You must use either 
the compliant material option or the emission rate without add-on 
controls option for any coating operation in the affected source for 
which you do not use the emission rate with add-on controls option. To 
demonstrate initial compliance, the coating operation(s) for which you 
use the

[[Page 763]]

emission rate with add-on controls option must meet the applicable 
emission limitations in Sec. Sec. 63.3890, 63.3892, and 63.3893. You 
must conduct a separate initial compliance demonstration for each 
general use, magnet wire, rubber-to-metal, and extreme performance 
fluoropolymer coating operation, unless you are demonstrating compliance 
with a predominant activity or facility-specific emission limit as 
provided in Sec. 63.3890(c). If you are demonstrating compliance with a 
predominant activity or facility-specific emission limit as provided in 
Sec. 63.4490(c), you must demonstrate that all coating operations 
included in the predominant activity determination or calculation of the 
facility-specific emission limit comply with that limit. You must meet 
all the requirements of this section. When calculating the organic HAP 
emission rate according to this section, do not include any coatings, 
thinners and/or other additives, or cleaning materials used on coating 
operations for which you use the compliant material option or the 
emission rate without add-on controls option. You do not need to 
redetermine the mass of organic HAP in coatings, thinners and/or other 
additives, or cleaning materials that have been reclaimed onsite (or 
reclaimed off-site if you have documentation showing that you received 
back the exact same materials that were sent off-site) and reused in the 
coatings operation(s) for which you use the emission rate with add-on 
controls option. If you use coatings, thinners and/or other additives, 
or cleaning materials that have been reclaimed on-site, the amount of 
each used in a month may be reduced by the amount of each that is 
reclaimed. That is, the amount used may be calculated as the amount 
consumed to account for materials that are reclaimed.
    (b) Compliance with operating limits. Except as provided in Sec. 
63.3960(a)(4), and except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to the requirements of 
paragraph (j) of this section, you must establish and demonstrate 
continuous compliance during the initial compliance period with the 
operating limits required by Sec. 63.3892, using the procedures 
specified in Sec. Sec. 63.3967 and 63.3968.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.3893 during the initial compliance period, as 
specified in Sec. 63.3930.
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (n) of this section to demonstrate compliance 
with the applicable emission limit in Sec. 63.3890 for each affected 
source in each subcategory.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec. 63.3951(a) through (d) to determine the mass fraction 
of organic HAP, density, and volume of each coating, thinner and/or 
other additive, and cleaning material used during each month; and the 
volume fraction of coating solids for each coating used during each 
month.
    (f) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec. 63.3951, calculate the total mass of 
organic HAP emissions before add-on controls from all coatings, thinners 
and/or other additives, and cleaning materials used during each month in 
the coating operation or group of coating operations for which you use 
the emission rate with add-on controls option.
    (g) Calculate the organic HAP emission reduction for each controlled 
coating operation. Determine the mass of organic HAP emissions reduced 
for each controlled coating operation during each month. The emission 
reduction determination quantifies the total organic HAP emissions that 
pass through the emission capture system and are destroyed or removed by 
the add-on control device. Use the procedures in paragraph (h) of this 
section to calculate the mass of organic HAP emission reduction for each 
controlled coating operation using an emission capture system and add-on 
control device other than a solvent recovery system for which you 
conduct liquid-liquid material balances. For each controlled coating 
operation using a solvent recovery system for which you conduct a 
liquid-

[[Page 764]]

liquid material balance, use the procedures in paragraph (j) of this 
section to calculate the organic HAP emission reduction.
    (h) Calculate the organic HAP emission reduction for each controlled 
coating operation not using liquid-liquid material balance. Use Equation 
1 of this section to calculate the organic HAP emission reduction for 
each controlled coating operation using an emission capture system and 
add-on control device other than a solvent recovery system for which you 
conduct liquid-liquid material balances. The calculation applies the 
emission capture system efficiency and add-on control device efficiency 
to the mass of organic HAP contained in the coatings, thinners and/or 
other additives, and cleaning materials that are used in the coating 
operation served by the emission capture system and add-on control 
device during each month. You must assume zero efficiency for the 
emission capture system and add-on control device for any period of time 
a deviation specified in Sec. 63.3963(c) or (d) occurs in the 
controlled coating operation, including a deviation during a period of 
startup, shutdown, or malfunction, unless you have other data indicating 
the actual efficiency of the emission capture system and add-on control 
device and the use of these data is approved by the Administrator. 
Equation 1 of this section treats the materials used during such a 
deviation as if they were used on an uncontrolled coating operation for 
the time period of the deviation.
[GRAPHIC] [TIFF OMITTED] TR02JA04.011

Where:

HC = Mass of organic HAP emission reduction for the 
          controlled coating operation during the month, kg.
AC = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the month, kg, as 
          calculated in Equation 1A of this section.
BC = Total mass of organic HAP in the thinners and/or other 
          additives used in the controlled coating operation during the 
          month, kg, as calculated in Equation 1B of this section.
CC = Total mass of organic HAP in the cleaning materials used 
          in the controlled coating operation during the month, kg, as 
          calculated in Equation 1C of this section.
RW = Total mass of organic HAP in waste materials sent or 
          designated for shipment to a hazardous waste TSDF for 
          treatment or disposal during the compliance period, kg, 
          determined according to Sec. 63.3951(e)(4). (You may assign a 
          value of zero to RW if you do not wish to use this 
          allowance.)
HUNC = Total mass of organic HAP in the coatings, thinners 
          and/or other additives, and cleaning materials used during all 
          deviations specified in Sec. 63.3963(c) and (d) that occurred 
          during the month in the controlled coating operation, kg, as 
          calculated in Equation 1D of this section.
CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent. Use the test methods and 
          procedures specified in Sec. Sec. 63.3964 and 63.3965 to 
          measure and record capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
          control device, percent. Use the test methods and procedures 
          in Sec. Sec. 63.3964 and 63.3966 to measure and record the 
          organic HAP destruction or removal efficiency.

    (1) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation, kg (lb), using Equation 1A of this 
section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.012


[[Page 765]]


Where:

AC = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the month, kg.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Dc,i = Density of coating, i, kg per liter.
Wc,i = Mass fraction of organic HAP in coating, i, kg per kg. 
          For reactive adhesives as defined in Sec. 63.3981, use the 
          mass fraction of organic HAP that is emitted as determined 
          using the method in appendix A to subpart PPPP of this part.
m = Number of different coatings used.

    (2) Calculate the mass of organic HAP in the thinners and/or other 
additives used in the controlled coating operation, kg (lb), using 
Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.013

Where:

BC = Total mass of organic HAP in the thinners and/or other 
          additives used in the controlled coating operation during the 
          month, kg.
Volt,j = Total volume of thinner and/or other additive, j, 
          used during the month, liters.
Dt,j = Density of thinner and/or other additive, j, kg per 
          liter.
Wt,j = Mass fraction of organic HAP in thinner and/or other 
          additive, j, kg per kg. For reactive adhesives as defined in 
          Sec. 63.3981, use the mass fraction of organic HAP that is 
          emitted as determined using the method in appendix A to 
          subpart PPPP of this part.
n = Number of different thinners and/or other additives used.

    (3) Calculate the mass of organic HAP in the cleaning materials used 
in the controlled coating operation during the month, kg (lb), using 
Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.014

Where:

CC = Total mass of organic HAP in the cleaning materials used 
          in the controlled coating operation during the month, kg.
Vols,k = Total volume of cleaning material, k, used during 
          the month, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          kg per kg.
p = Number of different cleaning materials used.

    (4) Calculate the mass of organic HAP in the coatings, thinners and/
or other additives, and cleaning materials used in the controlled 
coating operation during deviations specified in Sec. 63.3963(c) and 
(d), using Equation 1D of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.015

Where:

HUNC = Total mass of organic HAP in the coatings, thinners 
          and/or other additives, and cleaning materials used during all 
          deviations specified in Sec. 63.3963(c) and (d) that occurred 
          during the month in the controlled coating operation, kg.
Volh = Total volume of coating, thinner and/or other 
          additive, or cleaning material, h, used in the controlled 
          coating operation during deviations, liters.

[[Page 766]]

Dh = Density of coating, thinner and/or other additives, or 
          cleaning material, h, kg per liter.
Wh = Mass fraction of organic HAP in coating, thinner and/or 
          other additives, or cleaning material, h, kg organic HAP per 
          kg coating. For reactive adhesives as defined in Sec. 
          63.3981, use the mass fraction of organic HAP that is emitted 
          as determined using the method in appendix A to subpart PPPP 
          of this part.
q = Number of different coatings, thinners and/or other additives, and 
          cleaning materials used.

    (i) [Reserved]
    (j) Calculate the organic HAP emission reduction for each controlled 
coating operation using liquid-liquid material balances. For each 
controlled coating operation using a solvent recovery system for which 
you conduct liquid-liquid material balances, calculate the organic HAP 
emission reduction by applying the volatile organic matter collection 
and recovery efficiency to the mass of organic HAP contained in the 
coatings, thinners and/or other additives, and cleaning materials that 
are used in the coating operation controlled by the solvent recovery 
system during each month. Perform a liquid-liquid material balance for 
each month as specified in paragraphs (j)(1) through (6) of this 
section. Calculate the mass of organic HAP emission reduction by the 
solvent recovery system as specified in paragraph (j)(7) of this 
section.
    (1) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each month. The device must be 
initially certified by the manufacturer to be accurate to within 2.0 percent of the mass of volatile organic matter 
recovered.
    (2) For each solvent recovery system, determine the mass of volatile 
organic matter recovered for the month, based on measurement with the 
device required in paragraph (j)(1) of this section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating, thinner and/or other additive, and cleaning material used in 
the coating operation controlled by the solvent recovery system during 
the month, kg volatile organic matter per kg coating. You may determine 
the volatile organic matter mass fraction using EPA Method 24 of 40 CFR 
part 60, appendix A-7, ASTM D2369-10 (Reapproved 2015) \e\ (incorporated 
by reference, see Sec. 63.14), or an EPA approved alternative method, 
or you may use information provided by the manufacturer or supplier of 
the coating. In the event of any inconsistency between information 
provided by the manufacturer or supplier and the results of EPA Method 
24 of 40 CFR part 60, appendix A-7, ASTM D2369-10 (Reapproved 2015) \e\, 
or an approved alternative method, the test method results will take 
precedence unless, after consultation you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
    (4) Determine the density of each coating, thinner and/or other 
additive, and cleaning material used in the coating operation controlled 
by the solvent recovery system during the month, kg per liter, according 
to Sec. 63.3951(c).
    (5) Measure the volume of each coating, thinner and/or other 
additive, and cleaning material used in the coating operation controlled 
by the solvent recovery system during the month, liters.
    (6) Each month, calculate the solvent recovery system's volatile 
organic matter collection and recovery efficiency, using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.016


[[Page 767]]


Where:

RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system during the month, 
          percent.
MVR = Mass of volatile organic matter recovered by the 
          solvent recovery system during the month, kg.
Voli = Volume of coating, i, used in the coating operation 
          controlled by the solvent recovery system during the month, 
          liters.
Di = Density of coating, i, kg per liter.
WVc,i = Mass fraction of volatile organic matter for coating, 
          i, kg volatile organic matter per kg coating. For reactive 
          adhesives as defined in Sec. 63.3981, use the mass fraction 
          of organic HAP that is emitted as determined using the method 
          in appendix A to subpart PPPP of this part.
Volj = Volume of thinner and/or other additive, j, used in 
          the coating operation controlled by the solvent recovery 
          system during the month, liters.
Dj = Density of thinner and/or other additive, j, kg per 
          liter.
WVt,j = Mass fraction of volatile organic matter for thinner 
          and/or other additive, j, kg volatile organic matter per kg 
          thinner and/or other additive. For reactive adhesives as 
          defined in Sec. 63.3981, use the mass fraction of organic HAP 
          that is emitted as determined using the method in appendix A 
          to subpart PPPP of this part.
Volk = Volume of cleaning material, k, used in the coating 
          operation controlled by the solvent recovery system during the 
          month, liters.
Dk = Density of cleaning material, k, kg per liter.
WVs,k = Mass fraction of volatile organic matter for cleaning 
          material, k, kg volatile organic matter per kg cleaning 
          material.
m = Number of different coatings used in the coating operation 
          controlled by the solvent recovery system during the month.
n = Number of different thinners and/or other additives used in the 
          coating operation controlled by the solvent recovery system 
          during the month.
p = Number of different cleaning materials used in the coating operation 
          controlled by the solvent recovery system during the month.

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month, using Equation 3 of this section and according to paragraphs 
(j)(7)(i) through (iii) of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.017

Where:

HCSR = Mass of organic HAP emission reduction for the coating 
          operation controlled by the solvent recovery system using a 
          liquid-liquid material balance during the month, kg.
ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system, 
          kg, calculated using Equation 3A of this section.
BCSR = Total mass of organic HAP in the thinners and/or other 
          additives used in the coating operation controlled by the 
          solvent recovery system, kg, calculated using Equation 3B of 
          this section.
CCSR = Total mass of organic HAP in the cleaning materials 
          used in the coating operation controlled by the solvent 
          recovery system, kg, calculated using Equation 3C of this 
          section.
RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system, percent, from 
          Equation 2 of this section.

    (i) Calculate the mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 3A of this section.
[GRAPHIC] [TIFF OMITTED] TR02JA04.018


[[Page 768]]


Where:

ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system 
          during the month, kg.
Volc,i = Total volume of coating, i, used during the month in 
          the coating operation controlled by the solvent recovery 
          system, liters.
Dc,i = Density of coating, i, kg per liter.
Wc,i = Mass fraction of organic HAP in coating, i, kg organic 
          HAP per kg coating. For reactive adhesives as defined in Sec. 
          63.3981, use the mass fraction of organic HAP that is emitted 
          as determined using the method in appendix A to subpart PPPP 
          of this part.
m = Number of different coatings used.

    (ii) Calculate the mass of organic HAP in the thinners and/or other 
additives used in the coating operation controlled by the solvent 
recovery system, kg, using Equation 3B of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.019

Where:

BCSR = Total mass of organic HAP in the thinners and/or other 
          additives used in the coating operation controlled by the 
          solvent recovery system during the month, kg.
Volt,j = Total volume of thinner and/or other additive, j, 
          used during the month in the coating operation controlled by 
          the solvent recovery system, liters.
Dt,j = Density of thinner and/or other additive, j, kg per 
          liter.
Wt,j = Mass fraction of organic HAP in thinner and/or other 
          additive, j, kg lb organic HAP per kg thinner and/or other 
          additive. For reactive adhesives as defined in Sec. 63.3981, 
          use the mass fraction of organic HAP that is emitted as 
          determined using the method in appendix A to subpart PPPP of 
          this part.
n = Number of different thinners and/or other additives used.

    (iii) Calculate the mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery system 
during the month, kg, using Equation 3C of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.020

Where:

CCSR = Total mass of organic HAP in the cleaning materials 
          used in the coating operation controlled by the solvent 
          recovery system during the month, kg.
Vols,k = Total volume of cleaning material, k, used during 
          the month in the coating operation controlled by the solvent 
          recovery system, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          kg organic HAP per kg cleaning material.
p = Number of different cleaning materials used.

    (k) Calculate the total volume of coating solids used. Determine the 
total volume of coating solids used, liters, which is the combined 
volume of coating solids for all the coatings used during each month in 
the coating operation or group of coating operations for which you use 
the emission rate with add-on controls option, using Equation 2 of Sec. 
63.3951.
    (l) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions, kg, during each month, 
using Equation 4 of this section:

[[Page 769]]

[GRAPHIC] [TIFF OMITTED] TR02JA04.021

where:

HHAP = Total mass of organic HAP emissions for the month, kg.
He = Total mass of organic HAP emissions before add-on 
          controls from all the coatings, thinners and/or other 
          additives, and cleaning materials used during the month, kg, 
          determined according to paragraph (f) of this section.
HC,i = Total mass of organic HAP emission reduction for 
          controlled coating operation, i, not using a liquid-liquid 
          material balance, during the month, kg, from Equation 1 of 
          this section.
HCSR,j = Total mass of organic HAP emission reduction for 
          coating operation, j, controlled by a solvent recovery system 
          using a liquid-liquid material balance, during the month, kg, 
          from Equation 3 of this section.
q = Number of controlled coating operations not controlled by a solvent 
          recovery system using a liquid-liquid material balance.
r = Number of coating operations controlled by a solvent recovery system 
          using a liquid-liquid material balance.

    (m) Calculate the organic HAP emission rate for the compliance 
period. Determine the organic HAP emission rate for the compliance 
period, kg (lb) of organic HAP emitted per liter (gal) coating solids 
used, using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.022

Where:

Hannual = Organic HAP emission rate for the compliance 
          period, kg organic HAP emitted per liter coating solids used.
HHAP,y = Organic HAP emissions for month, y, kg, determined 
          according to Equation 4 of this section.
Vst,y = Total volume of coating solids used during month, y, 
          liters, from Equation 2 of Sec. 63.3951.
y = Identifier for months.
n = Number of full or partial months in the compliance period (for the 
          initial compliance period, n equals 12 if the compliance date 
          falls on the first day of a month; otherwise n equals 13; for 
          all following compliance periods, n equals 12).

    (n) Compliance demonstration. The organic HAP emission rate for the 
initial compliance period, calculated using Equation 5 of this section, 
must be less than or equal to the applicable emission limit for each 
subcategory in Sec. 63.3890 or the predominant activity or facility-
specific emission limit allowed in Sec. 63.3890(c). You must keep all 
records as required by Sec. Sec. 63.3930 and 63.3931. As part of the 
notification of compliance status required by Sec. 63.3910, you must 
identify the coating operation(s) for which you used the emission rate 
with add-on controls option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in Sec. 
63.3890, and you achieved the operating limits required by Sec. 63.3892 
and the work practice standards required by Sec. 63.3893.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41143, July 8, 2020]



Sec. 63.3962  [Reserved]



Sec. 63.3963  How do I demonstrate continuous compliance with 
the emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec. 63.3890, the organic HAP emission rate for each 
compliance period, determined according to the procedures in Sec. 
63.3961, must be equal to or less than the applicable emission limit in 
Sec. 63.3890. A compliance period consists of 12 months. Each month 
after the end of the initial compliance period described in Sec. 
63.3960 is the end of a compliance period consisting of that month and 
the preceding 11 months. You must perform the calculations in Sec. 
63.3961 on a monthly basis using data from the previous 12 months of 
operation. If you are complying with a facility-specific emission limit 
under

[[Page 770]]

Sec. 63.3890(c), you must also perform the calculation using Equation 1 
in Sec. 63.3890(c)(2) on a monthly basis using the data from the 
previous 12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec. 63.3890, this is 
a deviation from the emission limitation for that compliance period that 
must be reported as specified in Sec. Sec. 63.3910(c)(6) and 
63.3920(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.3892 that applies to you, as specified in 
Table 1 to this subpart, when the coating line is in operation.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 to this subpart, this is a deviation from the operating limit 
that must be reported as specified in Sec. Sec. 63.3910(c)(6) and 
63.3920(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 1 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation, unless you have 
other data indicating the actual efficiency of the emission capture 
system and add-on control device and the use of these data is approved 
by the Administrator.
    (d) You must meet the requirements for bypass lines in Sec. 
63.3968(b) for controlled coating operations for which you do not 
conduct liquid-liquid material balances. If any bypass line is opened 
and emissions are diverted to the atmosphere when the coating operation 
is running, this is a deviation that must be reported as specified in 
Sec. Sec. 63.3910(c)(6) and 63.3920(a)(7). For the purposes of 
completing the compliance calculations specified in Sec. Sec. 
63.3961(h), you must treat the materials used during a deviation on a 
controlled coating operation as if they were used on an uncontrolled 
coating operation for the time period of the deviation as indicated in 
Equation 1 of Sec. 63.3961.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.3893. If you did not develop a work 
practice plan, or you did not implement the plan, or you did not keep 
the records required by Sec. 63.3930(k)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec. 63.3910(c)(6) and 63.3920(a)(7).
    (f) As part of each semiannual compliance report required in Sec. 
63.3920, you must identify the coating operation(s) for which you used 
the emission rate with add-on controls option. If there were no 
deviations from the emission limits in Sec. 63.3890, the operating 
limits in Sec. 63.3892, and the work practice standards in Sec. 
63.3893, submit a statement that you were in compliance with the 
emission limitations during the reporting period because the organic HAP 
emission rate for each compliance period was less than or equal to the 
applicable emission limit in Sec. 63.3890, and you achieved the 
operating limits required by Sec. 63.3892 and the work practice 
standards required by Sec. 63.3893 during each compliance period.
    (g)-(h) [Reserved]
    (i) On and after January 5, 2021, deviations that occur due to 
malfunction of the emission capture system, add-on control device, or 
coating operation that may affect emission capture or control device 
efficiency are required to operate in accordance with Sec. 63.3900(b). 
The Administrator will determine whether the deviations are violations 
according to the provisions in Sec. 63.3900(b).
    (j) You must maintain records as specified in Sec. Sec. 63.3930 and 
63.3931.

[69 FR 157, Jan. 2, 2004, as amended at 71 FR 20465, Apr. 20, 2006; 85 
FR 41143, July 8, 2020]



Sec. 63.3964  What are the general requirements for performance tests?

    (a) Before January 5, 2021, you must conduct each performance test 
required by Sec. 63.3960 according to the requirements in Sec. 
63.7(e)(1) and under the conditions in this section, unless you obtain a 
waiver of the performance test according to the provisions in Sec. 
63.7(h). On and after January 5, 2021, you must conduct each performance 
test required by Sec. 63.3960 according to the requirements in this 
section unless you obtain a waiver of the performance test according to 
the provisions in Sec. 63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct

[[Page 771]]

the performance test under representative operating conditions for the 
coating operation. Operations during periods of startup, shutdown, or 
periods of nonoperation do not constitute representative conditions for 
purposes of conducting a performance test. The owner or operator 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.
    (2) Representative emission capture system and add-on control device 
operating conditions. You must conduct the performance test when the 
emission capture system and add-on control device are operating at a 
representative flow rate, and the add-on control device is operating at 
a representative inlet concentration. You must record information that 
is necessary to document emission capture system and add-on control 
device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.3965. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec. 63.3966.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41143, July 8, 2020]



Sec. 63.3965  How do I determine the emission capture system efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of each performance test required 
by Sec. 63.3960.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the 
enclosure to an add-on control device.
    (2) All coatings, thinners and/or other additives, and cleaning 
materials used in the coating operation are applied within the capture 
system; coating solvent flash-off, curing, and drying occurs within the 
capture system; and the removal or evaporation of cleaning materials 
from the surfaces they are applied to occurs within the capture system. 
For example, this criterion is not met if parts enter the open shop 
environment when being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours duration or the length of a production run, whichever is 
longer, up to 8 hours. For the purposes of this test, a production run 
means the time required for a single part to go from the beginning to 
the end of the production, which includes surface preparation activities 
and drying and curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of TVH emissions not captured by the emission 
capture system. Use a temporary total enclosure or a building enclosure 
and the procedures in paragraphs (c)(1) through (6) of this section to 
measure emission capture system efficiency using the liquid-to-
uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings, thinners and/or other additives, 
and cleaning materials are applied, and all areas where emissions from 
these applied coatings and materials subsequently occur, such as flash-
off, curing, and drying areas. The areas of the coating

[[Page 772]]

operation where capture devices collect emissions for routing to an add-
on control device, such as the entrance and exit areas of an oven or 
spray booth, must also be inside the enclosure. The enclosure must meet 
the applicable definition of a temporary total enclosure or building 
enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction of TVH liquid input from each coating, 
thinner and/or other additive, and cleaning material used in the coating 
operation during each capture efficiency test run. To make the 
determination, substitute TVH for each occurrence of the term VOC in the 
methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the coatings, thinners and/or other additives, 
and cleaning materials used in the coating operation during each capture 
efficiency test run:
[GRAPHIC] [TIFF OMITTED] TR02JA04.023

Where:

TVHused = Mass of liquid TVH in materials used in the coating 
          operation during the capture efficiency test run, kg.
TVHi = Mass fraction of TVH in coating, thinner and/or other 
          additive, or cleaning material, i, that is used in the coating 
          operation during the capture efficiency test run, kg TVH per 
          kg material.
Voli = Total volume of coating, thinner and/or other 
          additive, or cleaning material, i, used in the coating 
          operation during the capture efficiency test run, liters.
Di = Density of coating, thinner and/or other additive, or 
          cleaning material, i, kg material per liter material.
n = Number of different coatings, thinners and/or other additives, and 
          cleaning materials used in the coating operation during the 
          capture efficiency test run.

    (4) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system. They are measured as they exit the 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure 
is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR 51 if the enclosure is 
a building enclosure. During the capture efficiency measurement, all 
organic compound emitting operations inside the building enclosure, 
other than the coating operation for which capture efficiency is being 
determined, must be shut down, but all fans and blowers must be 
operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.024

Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHused = Total mass of TVH liquid input used in the coating 
          operation during the capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.

    (6) Determine the capture efficiency of the emission capture system 
as the

[[Page 773]]

average of the capture efficiencies measured in the three test runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (d)(1) through (5) of this 
section to measure emission capture system efficiency using the gas-to-
gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings, thinners and/or other additives, 
and cleaning materials are applied, and all areas where emissions from 
these applied coatings and materials subsequently occur, such as flash-
off, curing, and drying areas. The areas of the coating operation where 
capture devices collect emissions generated by the coating operation for 
routing to an add-on control device, such as the entrance and exit areas 
of an oven or a spray booth, must also be inside the enclosure. The 
enclosure must meet the applicable definition of a temporary total 
enclosure or building enclosure in Method 204 of appendix M to 40 CFR 
part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions captured by the emission 
capture system during each capture efficiency test run as measured at 
the inlet to the add-on control device. To make the measurement, 
substitute TVH for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or 204C measurement must 
be upstream from the add-on control device and must represent total 
emissions routed from the capture system and entering the add-on control 
device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure 
is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure, other than the coating operation for which capture 
efficiency is being determined, must be shut down, but all fans and 
blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.025

Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHcaptured = Total mass of TVH captured by the emission 
          capture system as measured at the inlet to the add-on control 
          device during the emission capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.


[[Page 774]]


    (5) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (e) Alternative capture efficiency protocol. As an alternative to 
the procedures specified in paragraphs (c) and (d) of this section and 
subject to the approval of the Administrator, you may determine capture 
efficiency using any other capture efficiency protocol and test methods 
that satisfy the criteria of either the DQO or LCL approach as described 
in appendix A to subpart KK of this part.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41143, July 8, 2020]



Sec. 63.3966  How do I determine the add-on control device emission 
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec. 63.3960. 
For each performance test, you must conduct three test runs as specified 
in Sec. 63.7(e)(3) and each test run must last at least 1 hour. If the 
source is a magnet wire coating machine, you may use the procedures in 
section 3.0 of appendix A to this subpart as an alternative.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR part 
60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight.
    (4) Use Method 4 of appendix A to 40 CFR part 60, to determine stack 
gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either EPA Method 25 or 25A of appendix A-7 to 40 CFR part 60.
    (1) Use EPA Method 25 of appendix A-7 to 40 CFR part 60 if the add-
on control device is an oxidizer and you expect the total gaseous 
organic concentration as carbon to be more than 50 parts per million 
(ppm) at the control device outlet.
    (2) Use EPA Method 25A of appendix A-7 to 40 CFR part 60 if the add-
on control device is an oxidizer and you expect the total gaseous 
organic concentration as carbon to be 50 ppm or less at the control 
device outlet.
    (3) Use EPA Method 25A of appendix A-7 to 40 CFR part 60 if the add-
on control device is not an oxidizer.
    (4) You may use EPA Method 18 of appendix A-6 to 40 CFR part 60 to 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet to the 
atmosphere of each device. For example, if one add-on control device is 
a concentrator with an outlet to the atmosphere for the high-volume 
dilute stream that has been treated by the concentrator, and a second 
add-on control device is an oxidizer with an outlet to the atmosphere 
for the low-volume concentrated stream that is treated with the 
oxidizer, you must measure emissions at the outlet of the oxidizer and 
the high volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic emissions 
mass flow rates for the inlet and the outlet of the add-on control 
device, using Equation 1 of this section. If there is more than one 
inlet or outlet to the add-on control device, you must calculate the 
total gaseous organic mass flow rate using Equation 1 of this section 
for each inlet and each outlet and then total all of the inlet emissions 
and total all of the outlet emissions:

[[Page 775]]

[GRAPHIC] [TIFF OMITTED] TR02JA04.026

Where:

Mf = Total gaseous organic emissions mass flow rate, kg per 
          hour (h).
Cc = Concentration of organic compounds as carbon in the vent 
          gas, as determined by Method 25 or Method 25A, parts per 
          million by volume (ppmv), dry basis.
Qsd = Volumetric flow rate of gases entering or exiting the 
          add-on control device, as determined by Method 2, 2A, 2C, 2D, 
          2F, or 2G, dry standard cubic meters/hour (dscm/h).
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
          (mol/m\3\) (@ 293 Kelvin (K) and 760 millimeters of mercury 
          (mmHg).

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.027

Where:

DRE = Organic emissions destruction or removal efficiency of the add-on 
          control device, percent.
Mfi = Total gaseous organic emissions mass flow rate at the 
          inlet(s) to the add-on control device, using Equation 1 of 
          this section, kg/h.
Mfo = Total gaseous organic emissions mass flow rate at the 
          outlet(s) of the add-on control device, using Equation 1 of 
          this section, kg/h.

    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41143, July 8, 2020]



Sec. 63.3967  How do I establish the emission capture system 
and add-on control device operating limits during the performance test?

    During the performance test required by Sec. 63.3960 and described 
in Sec. Sec. 63.3964, 63.3965, and 63.3966, you must establish the 
operating limits required by Sec. 63.3892 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec. 63.8(f) as specified in Sec. 63.3892.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During performance tests, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of the 
three test runs. You must monitor the temperature in the firebox of the 
thermal oxidizer or immediately downstream of the firebox before any 
substantial heat exchange occurs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average combustion 
temperature maintained during the performance test. This average 
combustion temperature is the minimum operating limit for your thermal 
oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section. 
If the source is a magnet wire coating machine, you may use the 
procedures in section 3.0 of appendix A to this subpart as an 
alternative.
    (1) During performance tests, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.

[[Page 776]]

    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature just 
before the catalyst bed and the average temperature difference across 
the catalyst bed maintained during the performance test. These are the 
minimum operating limits for your catalytic oxidizer.
    (3) You must monitor the temperature at the inlet to the catalyst 
bed and implement a site-specific inspection and maintenance plan for 
your catalytic oxidizer as specified in paragraph (b)(4) of this 
section. During the performance test, you must monitor and record the 
temperature just before the catalyst bed at least once every 15 minutes 
during each of the three test runs. For each performance test, use the 
data collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. This is the minimum operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, at 
a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) 
of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures. If problems are found during the 
catalyst activity test, you must replace the catalyst bed or take other 
corrective action consistent with the manufacturer's recommendations.
    (ii) Monthly external inspection of the catalytic oxidizer system, 
including the burner assembly and fuel supply lines for problems and, as 
necessary, adjust the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal inspection of the catalyst bed to check for 
channeling, abrasion, and settling. If problems are found during the 
annual internal inspection of the catalyst, you must replace the 
catalyst bed or take other corrective action consistent with the 
manufacturer's recommendations. If the catalyst bed is replaced and is 
not of like or better kind and quality as the old catalyst then you must 
conduct a new performance test to determine destruction efficiency 
according to Sec. 63.3966. If a catalyst bed is replaced and the 
replacement catalyst is of like or better kind and quality as the old 
catalyst, then a new performance test to determine destruction 
efficiency is not required and you may continue to use the previously 
established operating limits for that catalytic oxidizer.
    (c) Regenerative carbon adsorbers. If your add-on control device is 
a regenerative carbon adsorber, establish the operating limits according 
to paragraphs (c)(1) and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing gas 
(e.g., steam or nitrogen) mass flow for each regeneration cycle, and the 
carbon bed temperature after each carbon bed regeneration and cooling 
cycle for the regeneration cycle either immediately preceding or 
immediately following the performance test.
    (2) The operating limits for your regenerative carbon adsorber are 
the minimum total desorbing gas mass flow recorded during the 
regeneration cycle and the maximum carbon bed temperature recorded after 
the cooling cycle.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) of 
this section.
    (1) During performance tests, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average condenser outlet 
(product side) gas temperature maintained during the performance test. 
This average condenser outlet gas temperature is the maximum operating 
limit for your condenser.
    (e) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (e)(1) through (4) of this section.
    (1) During performance tests, you must monitor and record the 
desorption concentrate stream gas

[[Page 777]]

temperature at least once every 15 minutes during each of the three runs 
of the performance test.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature. This 
is the minimum operating limit for the desorption concentrate gas stream 
temperature.
    (3) During performance tests, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least once 
every 15 minutes during each of the three runs of the performance test.
    (4) For each performance test, use the data collected during the 
performance test to calculate and record the average pressure drop. This 
is the minimum operating limit for the dilute stream across the 
concentrator.
    (f) Emission capture systems. For each capture device that is not 
part of a PTE that meets the criteria of Sec. 63.3965(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (f)(1) and (2) of this section. The 
operating limit for a PTE is specified in Table 1 to this subpart. If 
the source is a magnet wire coating machine, you may use the procedures 
in section 2.0 of appendix A to this subpart as an alternative.
    (1) During the capture efficiency determination required by Sec. 
63.3960 and described in Sec. Sec. 63.3964 and 63.3965, you must 
monitor and record either the gas volumetric flow rate or the duct 
static pressure for each separate capture device in your emission 
capture system at least once every 15 minutes during each of the three 
test runs at a point in the duct between the capture device and the add-
on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device. 
This average gas volumetric flow rate or duct static pressure is the 
minimum operating limit for that specific capture device.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41144, July 8, 2020]



Sec. 63.3968  What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), (f), and (g) of this section according 
to paragraphs (a)(1) through (6) of this section. You must install, 
operate, and maintain each CPMS specified in paragraphs (b) and (d) of 
this section according to paragraphs (a)(3) through (5) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for each 
successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, and 
validation check of the CPMS.
    (4) Before January 5, 2021, you must maintain the CPMS at all times 
and have available necessary parts for routine repairs of the monitoring 
equipment. On and after January 5, 2021, you must maintain the CPMS at 
all times in accordance with Sec. 63.3900(b) and keep necessary parts 
readily available for routine repairs of the monitoring equipment.
    (5) Before January 5, 2021, you must operate the CPMS and collect 
emission capture system and add-on control device parameter data at all 
times that a controlled coating operation is operating, except during 
monitoring malfunctions, associated repairs, and required quality 
assurance or control activities (including, if applicable, calibration 
checks and required zero and span adjustments). On and after January 5, 
2021, you must operate the CPMS and collect emission capture system and 
add-on control device parameter data at all times in accordance with 
Sec. 63.3900(b).
    (6) You must not use emission capture system or add-on control 
device

[[Page 778]]

parameter data recorded during monitoring malfunctions, associated 
repairs, out-of-control periods, or required quality assurance or 
control activities when calculating data averages. You must use all the 
data collected during all other periods in calculating the data averages 
for determining compliance with the emission capture system and add-on 
control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Before January 5, 2021, any 
period for which the monitoring system is out-of-control and data are 
not available for required calculations is a deviation from the 
monitoring requirements. On and after January 5, 2021, except for 
periods of required quality assurance or control activities, any period 
for which the CPMS fails to operate and record data continuously as 
required by paragraph (a)(5) of this section, or generates data that 
cannot be included in calculating averages as specified in (a)(6) of 
this section constitutes a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(1)(i) through (v) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must be 
recorded, as well as every time the flow direction is changed. The flow 
control position indicator must be installed at the entrance to any 
bypass line that could divert the emissions away from the add-on control 
device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass line 
valve in the closed 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 
closed position, and the emissions are not diverted away from the add-on 
control device to the atmosphere.
    (iii) Valve closure monitoring. Ensure that any bypass line valve is 
in the closed (nondiverting) position through monitoring of valve 
position at least once every 15 minutes. You must inspect the monitoring 
system at least once every month to verify that the monitor will 
indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the coating operation is stopped when flow is diverted by the 
bypass line away from the add-on control device to the atmosphere when 
the coating operation is running. You must inspect the automatic 
shutdown system at least once every month to verify that it will detect 
diversions of flow and shut down the coating operation.
    (v) Flow direction indicator. Install, calibrate, maintain, and 
operate according to the manufacturer's specifications a flow direction 
indicator that takes a reading at least once every 15 minutes and 
provides a record indicating whether the emissions are directed to the 
add-on control device or diverted from the add-on control device. Each 
time the flow direction changes, the next reading of the time of 
occurrence and flow direction must be recorded. The flow direction 
indicator must be installed in each bypass line or air makeup supply 
line that could divert the emissions away from the add-on control device 
to the atmosphere.
    (2) If any bypass line is opened, you must include a description of 
why the

[[Page 779]]

bypass line was opened and the length of time it remained open in the 
semiannual compliance reports required in Sec. 63.3920.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section:
    (1) For a thermal oxidizer, install a gas temperature monitor in the 
firebox of the thermal oxidizer or in the duct immediately downstream of 
the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install gas temperature monitors 
upstream and/or downstream of the catalyst bed as required in Sec. 
63.3967(b).
    (3) For all thermal oxidizers and catalytic oxidizers, you must meet 
the requirements in paragraphs (a) and (c)(3)(i) through (v) of this 
section for each gas temperature monitoring device. For the purposes of 
this paragraph (c)(3), a thermocouple is part of the temperature sensor.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 5 
degrees Fahrenheit or 1.0 percent of the temperature value, whichever is 
larger.
    (iii) Before using the sensor for the first time or when relocating 
or replacing the sensor, perform a validation check by comparing the 
sensor output to a calibrated temperature measurement device or by 
comparing the sensor output to a simulated temperature.
    (iv) Conduct an accuracy audit every quarter and after every 
deviation. Accuracy audit methods include comparisons of sensor output 
to redundant temperature sensors, to calibrated temperature measurement 
devices, or to temperature simulation devices.
    (v) Conduct a visual inspection of each sensor every quarter if 
redundant temperature sensors are not used.
    (d) Regenerative carbon adsorbers. If you are using a regenerative 
carbon adsorber as an add-on control device, you must monitor the total 
regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each 
regeneration cycle, the carbon bed temperature after each regeneration 
and cooling cycle, and comply with paragraphs (a)(3) through (5) and 
(d)(1) through (3) of this section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must be capable of recording 
the temperature within 15 minutes of completing any carbon bed cooling 
cycle.
    (3) For all regenerative carbon adsorbers, you must meet the 
requirements in paragraphs (c)(3)(i) through (v) of this section for 
each temperature monitoring device.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The temperature monitor must provide a gas temperature record at 
least once every 15 minutes.
    (2) For all condensers, you must meet the requirements in paragraphs 
(c)(3)(i) through (v) of this section for each temperature monitoring 
device.
    (f) Concentrators. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must comply with 
the requirements in paragraphs (f)(1) and (2) of this section.
    (1) You must install a temperature monitor in the desorption gas 
stream. The temperature monitor must meet the requirements in paragraphs 
(a) and (c)(3) of this section.
    (2) You must install a device to monitor pressure drop across the 
zeolite wheel or rotary carbon bed. The pressure monitoring device must 
meet the requirements in paragraphs (a) and (g)(2) of this section.
    (g) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (g)(1) and 
(2) of this section. If the source is a magnet wire coating machine, you 
may use the procedures in section 2.0 of appendix A to this subpart as 
an alternative.

[[Page 780]]

    (1) For each flow measurement device, you must meet the requirements 
in paragraphs (a) and (g)(1)(i) through (vii) of this section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Use a flow sensor with an accuracy of at least 10 percent of 
the flow.
    (iii) Perform an initial sensor calibration in accordance with the 
manufacturer's requirements.
    (iv) Perform a validation check before initial use or upon 
relocation or replacement of a sensor. Validation checks include 
comparison of sensor values with electronic signal simulations or via 
relative accuracy testing.
    (v) Conduct an accuracy audit every quarter and after every 
deviation. Accuracy audit methods include comparisons of sensor values 
with electronic signal simulations or via relative accuracy testing.
    (vi) Perform leak checks monthly.
    (vii) Perform visual inspections of the sensor system quarterly if 
there is no redundant sensor.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (g)(2)(i) through (vii) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Use a pressure sensor with an accuracy of at least 0.5 inches 
of water column or 5 percent of the measured value, whichever is larger.
    (iii) Perform an initial calibration of the sensor according to the 
manufacturer's requirements.
    (iv) Conduct a validation check before initial operation or upon 
relocation or replacement of a sensor. Validation checks include 
comparison of sensor values to calibrated pressure measurement devices 
or to pressure simulation using calibrated pressure sources.
    (v) Conduct accuracy audits every quarter and after every deviation. 
Accuracy audits include comparison of sensor values to calibrated 
pressure measurement devices or to pressure simulation using calibrated 
pressure sources.
    (vi) Perform monthly leak checks on pressure connections. A pressure 
of at least 1.0 inches of water column to the connection must yield a 
stable sensor result for at least 15 seconds.
    (vii) Perform a visual inspection of the sensor at least monthly if 
there is no redundant sensor.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41144, July 8, 2020]

                   Other Requirements and Information



Sec. 63.3980  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 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 
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 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 listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.3881 through 3883 and 63.3890 through 3893.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.

[[Page 781]]



Sec. 63.3981  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:
    Additive means a material that is added to a coating after purchase 
from a supplier (e.g., catalysts, activators, accelerators).
    Add-on control means an air pollution control device, such as a 
thermal oxidizer or carbon adsorber, that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.
    Adhesive, adhesive coating means any chemical substance that is 
applied for the purpose of bonding two surfaces together. Products used 
on humans and animals, adhesive tape, contact paper, or any other 
product with an adhesive incorporated onto or in an inert substrate 
shall not be considered adhesives under this subpart.
    Assembled on-road vehicle coating means any coating operation in 
which coating is applied to the surface of some component or surface of 
a fully assembled motor vehicle or trailer intended for on-road use 
including, but not limited to, components or surfaces on automobiles and 
light-duty trucks that have been repaired after a collision or otherwise 
repainted, fleet delivery trucks, and motor homes and other recreational 
vehicles (including camping trailers and fifth wheels). Assembled on-
road vehicle coating includes the concurrent coating of parts of the 
assembled on-road vehicle that are painted off-vehicle to protect 
systems, equipment, or to allow full coverage. Assembled on-road vehicle 
coating does not include surface coating operations that meet the 
applicability criteria of the automobiles and light-duty trucks NESHAP. 
Assembled on-road vehicle coating also does not include the use of 
adhesives, sealants, and caulks used in assembling on-road vehicles.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to collect 
emissions generated by a coating operation in the use of coatings or 
cleaning materials, both at the point of application and at subsequent 
points where emissions from the coatings and cleaning materials occur, 
such as flashoff, drying, or curing. As used in this subpart, multiple 
capture devices that collect emissions generated by a coating operation 
are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting or paint stripping), from a substrate before or after 
coating application or from equipment associated with a coating 
operation, such as spray booths, spray guns, racks, tanks, and hangers. 
Thus, it includes any cleaning material used on substrates or equipment 
or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, liquid plastic coatings, caulks, inks, 
adhesives, and maskants. Decorative, protective, or functional materials 
that consist only of protective oils for metal, acids, bases, or any 
combination of these substances, or paper film or plastic film which may 
be pre-coated with an adhesive by the film manufacturer, are not 
considered coatings for the purposes of this subpart. A liquid plastic 
coating means a coating made from fine particle-size polyvinyl chloride 
(PVC) in solution (also referred to as a plastisol).
    Coating operation means equipment used to apply cleaning materials 
to a substrate to prepare it for coating application (surface 
preparation) or to remove dried coating; to apply coating to a substrate 
(coating application) and to dry or cure the coating after application; 
or to clean coating operation equipment (equipment cleaning). A single 
coating operation may include any combination of these types of 
equipment, but always includes at least the point at which a given 
quantity of coating or cleaning material is applied

[[Page 782]]

to a given part and all subsequent points in the affected source where 
organic HAP are emitted from the specific quantity of coating or 
cleaning material on the specific part. There may be multiple coating 
operations in an affected source. Coating application with handheld, 
non-refillable aerosol containers, touch-up markers, or marking pens is 
not a coating operation for the purposes of this subpart.
    Coatings solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system (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 coating operation, or 
capture system, or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Deviation means:
    (1) Before January 5, 2021, 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 or 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) Fails to meet any emission limit, or operating limit, or work 
practice standard in this subpart during SSM, regardless of whether or 
not such failure is permitted by this subpart; and
    (2) On and after January 5, 2021, 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; 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.
    Emission limitation means the aggregate of all requirements 
associated with a compliance option including emission limit, operating 
limit, work practice standard, etc.
    Enclosure means a structure that surrounds a source of emissions and 
captures and directs the emissions to an add-on control device.
    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds are 
listed in 40 CFR 51.100(s).
    Extreme performance fluoropolymer coating means coatings that are 
formulated systems based on fluoropolymer resins which often contain 
bonding matrix polymers dissolved in non-aqueous solvents as well as 
other ingredients. Extreme performance fluoropolymer coatings are 
typically used when one or more critical performance criteria are 
required including, but not limited to a nonstick low-energy surface, 
dry film lubrication, high resistance to chemical attack, extremely wide 
operating temperature, high electrical insulating properties, or that 
the surface comply with government (e.g., USDA, FDA) or third party 
specifications for health, safety, reliability, or performance. Once 
applied to a substrate, extreme performance fluoropolymer coatings 
undergo a curing process that typically requires high temperatures, a 
chemical reaction, or other specialized technology.
    Facility maintenance means the routine repair or renovation 
(including the surface coating) of the tools, equipment, machinery, and 
structures that comprise the infrastructure of the affected facility and 
that are necessary for the facility to function in its intended 
capacity.
    General use coating means any material that meets the definition of 
coating but does not meet the definition of high performance coating, 
rubber-to-metal coating, magnet wire coating, or extreme performance 
fluoropolymer coating as defined in this section.

[[Page 783]]

    High performance architectural coating means any coating applied to 
architectural subsections which is required to meet the specifications 
of Architectural Aluminum Manufacturer's Association's publication 
number AAMA 605.2-2000.
    High performance coating means any coating that meets the definition 
of high performance architectural coating or high temperature coating in 
this section.
    High temperature coating means any coating applied to a substrate 
which during normal use must withstand temperatures of at least 538 
degrees Celsius (1000 degrees Fahrenheit).
    Hobby shop means any surface coating operation, located at an 
affected source, that is used exclusively for personal, noncommercial 
purposes by the affected source's employees or assigned personnel.
    Magnet wire coatings, commonly referred to as magnet wire enamels, 
are applied to a continuous strand of wire which will be used to make 
turns (windings) in electrical devices such as coils, transformers, or 
motors. Magnet wire coatings provide high dielectric strength and turn-
to-turn conductor insulation. This allows the turns of an electrical 
device to be placed in close proximity to one another which leads to 
increased coil effectiveness and electrical efficiency.
    Magnet wire coating machine means equipment which applies and cures 
magnet wire coatings.
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material with the test methods specified in 
Sec. 63.3941. Manufacturer's formulation data may include, but are not 
limited to, information on density, organic HAP content, volatile 
organic matter content, and coating solids content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as kg 
of organic HAP per kg of material.
    Month means a calendar month or a pre-specified period of 28 days to 
35 days to allow for flexibility in recordkeeping when data are based on 
a business accounting period.
    Non-HAP coating means, for the purposes of this subpart, a coating 
that contains no more than 0.1 percent by mass of any individual organic 
HAP that is listed in Table 5 to this subpart and no more than 1.0 
percent by mass for any other individual HAP.
    Organic HAP content means the mass of organic HAP emitted per volume 
of coating solids used for a coating calculated using Equation 2 of 
Sec. 63.3941. The organic HAP content is determined for the coating in 
the condition it is in when received from its manufacturer or supplier 
and does not account for any alteration after receipt. For reactive 
adhesives in which some of the HAP react to form solids and are not 
emitted to the atmosphere, organic HAP content is the mass of organic 
HAP that is emitted, rather than the organic HAP content of the coating 
as it is received.
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Personal watercraft means a vessel (boat) which uses an inboard 
motor powering a water jet pump as its primary source of motive power 
and which is designed to be operated by a person or persons sitting, 
standing, or kneeling on the vessel, rather than in the conventional 
manner of sitting or standing inside the vessel.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils. 
Protective oils used on miscellaneous metal parts and products include 
magnet wire lubricants and soft temporary protective coatings that are 
removed prior to installation or further assembly of a part or 
component.
    Reactive adhesive means adhesive systems composed, in part, of 
volatile

[[Page 784]]

monomers that react during the adhesive curing reaction, and, as a 
result, do not evolve from the film during use. These volatile 
components instead become integral parts of the adhesive through 
chemical reaction. At least 70 percent of the liquid components of the 
system, excluding water, react during the process.
    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and is not engaged in the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Rubber-to-metal coatings are coatings that contain heat-activated 
polymer systems in either solvent or water that, when applied to metal 
substrates, dry to a non-tacky surface and react chemically with the 
rubber and metal during a vulcanization process.
    Startup, initial means the first time equipment is brought online in 
a facility.
    Surface preparation means use of a cleaning material on a portion of 
or all of a substrate. This includes use of a cleaning material to 
remove dried coating, which is sometimes called depainting.
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from a 
given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through 204F of appendix M to 40 CFR part 51 and substituting 
the term TVH each place in the methods where the term VOC is used. The 
TVH includes both VOC and non-VOC.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission capture 
system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC in 
40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as the volume of nonvolatiles) to the volume 
of a coating in which it is contained; liters (gal) of coating solids 
per liter (gal) of coating.
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or discharged.

[69 FR 157, Jan. 2, 2004, as amended at 85 FR 41144, July 8, 2020]



 Sec. Table 1 to Subpart MMMM of Part 63--Operating Limits if Using the 
                Emission Rate With Add-On Controls Option

    If you are required to comply with operating limits by Sec. 
63.3892(c), you must comply with the applicable operating limits in the 
following table:

------------------------------------------------------------------------
                                                        And you must
                                                         demonstrate
For the following device . .    You must meet the        continuous
              .                following operating   compliance with the
                                   limit . . .      operating limit by .
                                                             . .
------------------------------------------------------------------------
1. Thermal oxidizer.........  a. The average        i. Collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.3968(c);
                               combustion           ii. Reducing the
                               temperature limit     data to 3-hour
                               established           block averages; and
                               according to Sec. iii. Maintaining the
                               63.3967(a).           3-hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     temperature limit.
2. Catalytic oxidizer.......  a. The average        i. Collecting the
                               temperature           temperature data
                               measured just         according to Sec.
                               before the catalyst   63.3968(c);
                               bed in any 3-hour    ii. Reducing the
                               period must not       data to 3-hour
                               fall below the        block averages; and
                               limit established    iii. Maintaining the
                               according to Sec. 3-hour average
                               63.3967(b) (for       temperature before
                               magnet wire coating   (or for magnet wire
                               machines,             coating machines
                               temperature can be    after) the catalyst
                               monitored before or   bed at or above the
                               after the catalyst    temperature limit.
                               bed); and either

[[Page 785]]

 
                              b. Ensure that the    i. Collecting the
                               average temperature   temperature data
                               difference across     according to Sec.
                               the catalyst bed in   63.3968(c);
                               any 3-hour period    ii. Reducing the
                               does not fall below   data to 3-hour
                               the temperature       block averages; and
                               difference limit     iii. Maintaining the
                               established           3-hour average
                               according to Sec. temperature
                               63.3967(b) (2); or    difference at or
                                                     above the
                                                     temperature
                                                     difference limit.
                              c. Develop and        i. Maintaining and
                               implement an          up-to-date
                               inspection and        inspection and
                               maintenance plan      maintenance plan,
                               according to Sec. records of annual
                               63.3967(b)(4) or      catalyst activity
                               for magnet wire       checks, records of
                               coating machines      monthly inspections
                               according to          of the oxidizer
                               section 3.0 of        system, and records
                               appendix A to this    of the annual
                               subpart.              internal
                                                     inspections of the
                                                     catalyst bed. If a
                                                     problem is
                                                     discovered during a
                                                     monthly or annual
                                                     inspection required
                                                     by Sec.
                                                     63.3967(b)(4) or
                                                     for magnet wire
                                                     coating machines by
                                                     section 3.0 of
                                                     appendix A to this
                                                     subpart, you must
                                                     take corrective
                                                     action as soon as
                                                     practicable
                                                     consistent with the
                                                     manufacturer's
                                                     recommendations.
3. Regenerative carbon        a. The total          i. Measuring the
 adsorber.                     regeneration          total regeneration
                               desorbing gas         desorbing gas
                               (e.g., steam or       (e.g., steam or
                               nitrogen) mass flow   nitrogen) mass flow
                               for each carbon bed   for each
                               regeneration cycle    regeneration cycle
                               must not fall below   according to Sec.
                               the total             63.3968(d); and
                               regeneration         ii. Maintaining the
                               desorbing gas mass    total regeneration
                               flow limit            desorbing gas mass
                               established           flow at or above
                               according to Sec. the mass flow
                               63.3967(c); and       limit.
                              b. The temperature    i. Measuring the
                               of the carbon bed,    temperature of the
                               after completing      carbon bed after
                               each regeneration     completing each
                               and any cooling       regeneration and
                               cycle, must not       any cooling cycle
                               exceed the carbon     according to Sec.
                               bed temperature       63.3968(d); and
                               limit established    ii. Operating the
                               according to Sec. carbon beds such
                               63.3967(c).           that each carbon
                                                     bed is not returned
                                                     to service until
                                                     completing each
                                                     regeneration and
                                                     any cooling cycle
                                                     until the recorded
                                                     temperature of the
                                                     carbon bed is at or
                                                     below the
                                                     temperature limit.
4. Condenser................  a. The average        i. Collecting the
                               condenser outlet      condenser outlet
                               (product side) gas    (product side) gas
                               temperature in any    temperature
                               3-hour period must    according to Sec.
                               not exceed the        63.3968(e);
                               temperature limit    ii. Reducing the
                               established           data to 3-hour
                               according to Sec. block averages; and
                               63.3967(d).          iii. Maintaining the
                                                     3-hour average gas
                                                     temperature at the
                                                     outlet at or below
                                                     the temperature
                                                     limit.
5. Concentrators, including   a. The average gas    i. Collecting the
 zeolite wheels and rotary     temperature of the    temperature data
 carbon adsorbers.             desorption            according to
                               concentrate stream    63.3968(f);
                               in any 3-hour        ii. Reducing the
                               period must not       data to 3-hour
                               fall below the        block averages; and
                               limit established    iii. Maintaining the
                               according to Sec. 3-hour average
                               63.3967(e); and       temperature at or
                                                     above the
                                                     temperature limit.
                              b. The average        i. Collecting the
                               pressure drop of      pressure drop data
                               the dilute stream     according to
                               across the            63.3968(f);
                               concentrator in any  ii. Reducing the
                               3-hour period must    pressure drop data
                               not fall below the    to 3-hour block
                               limit established     averages; and
                               according to Sec. iii. Maintaining the
                               63.3967(e).           3-hour average
                                                     pressure drop at or
                                                     above the pressure
                                                     drop limit.
6. Emission capture system    a. The direction of   i. Collecting the
 that is a PTE according to    the air flow at all   direction of air
 Sec. 63.3965(a).            times must be into    flow, and either
                               the enclosure; and    the facial velocity
                               either                of air through all
                                                     natural draft
                                                     openings according
                                                     to Sec.
                                                     63.3968(b)(1) or
                                                     the pressure drop
                                                     across the
                                                     enclosure according
                                                     to Sec.
                                                     63.3968(g)(2); and
                                                    ii. Maintaining the
                                                     facial velocity of
                                                     air flow through
                                                     all natural draft
                                                     openings or the
                                                     pressure drop at or
                                                     above the facial
                                                     velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
                              b. The average        i. See items 6.a.i
                               facial velocity of    and 6.a.ii.
                               air through all
                               natural draft
                               openings in the
                               enclosure must be
                               at least 200 feet
                               per minutes; or
                              c. The pressure drop  i. See items 6.a.i
                               across the            and 6.a.ii.
                               enclosure must be
                               at least 0.007 inch
                               H2O, as established
                               in Method 204 of
                               appendix M to 40
                               CFR part 51.

[[Page 786]]

 
7. Emission capture system    a. The average gas    i. Collecting the
 that is not a PTE according   volumetric flow       gas volumetric flow
 to Sec. 63.3965(a).         rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.3968(g);
                               device inlet in any  ii. Reducing the
                               3-hour period must    data to 3-hour
                               not fall below the    block averages; and
                               average volumetric   iii. Maintaining the
                               flow rate or duct     3-hour average gas
                               static pressure       volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according to   capture device at
                               Sec. 63.3967(f).    or above the gas
                                                     volumetric flow
                                                     rate or duct static
                                                     pressure limited.
------------------------------------------------------------------------



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

    You must comply with the applicable General Provisions requirements 
according to the following table:

----------------------------------------------------------------------------------------------------------------
              Citation                       Subject          Applicable to subpart MMMM        Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(14).............  General Applicability.  Yes........................
Sec. 63.1(b)(1)-(3)..............  Initial Applicability   Yes........................  Applicability to
                                      Determination.                                       subpart MMMM is also
                                                                                           specified in Sec.
                                                                                           63.3881.
Sec. 63.1(c)(1)..................  Applicability After     Yes........................
                                      Standard Established.
Sec. 63.1(c)(2)-(3)..............  Applicability of        No.........................  Area sources are not
                                      Permit Program for                                   subject to subpart
                                      Area Sources.                                        MMMM.
Sec. 63.1(c)(4)-(5)..............  Extensions and          Yes........................
                                      Notifications.
Sec. 63.1(c)(6)..................  Reclassification......  Yes........................
Sec. 63.1(e).....................  Applicability of        Yes........................
                                      Permit Program Before
                                      Relevant Standard is
                                      Set.
Sec. 63.2........................  Definitions...........  Yes........................  Additional definitions
                                                                                           are specified in Sec.
                                                                                             63.3981.
Sec. 63.1(a)-(c).................  Units and               Yes........................
                                      Abbreviations.
Sec. 63.4(a)(1)-(5)..............  Prohibited Activities.  Yes........................
Sec. 63.4(b)-(c).................  Circumvention/          Yes........................
                                      Severability.
Sec. 63.5(a).....................  Construction/           Yes........................
                                      Reconstruction.
Sec. 63.5(b)(1)-(6)..............  Requirements for        Yes........................
                                      Existing Newly
                                      Constructed, and
                                      Reconstructed Sources.
Sec. 63.5(d).....................  Application for         Yes........................
                                      Approval of
                                      Construction/
                                      Reconstruction.
Sec. 63.5(e).....................  Approval of             Yes........................
                                      Construction/
                                      Reconstruction.
Sec. 63.5(f).....................  Approval of             Yes........................
                                      Construction/
                                      Reconstruction Based
                                      on Prior State Review.
Sec. 63.6(a).....................  Compliance With         Yes........................
                                      Standards and
                                      Maintenance
                                      Requirements--Applica
                                      bility.
Sec. 63.6(b)(1)-(7)..............  Compliance Dates for    Yes........................  Section 63.3883
                                      New and Reconstructed                                specifies the
                                      Sources.                                             compliance dates.
Sec. 63.6(c)(1)-(5)..............  Compliance Dates for    Yes........................  Section 63.3883
                                      Existing Sources.                                    specifies the
                                                                                           compliance dates.
Sec. 63.6(e)(1)-(2)..............  Operation and           Yes before January 5, 2021.  See Sec. 63.3900(b)
                                      Maintenance.            No on and after January 5,   for general duty
                                                              2021.                        requirement.
Sec. 63.6(e)(3)..................  SSMP..................  Yes before January 5, 2021.
                                                              No on and after January 5,
                                                              2021.
Sec. 63.6(f)(1)..................  Compliance Except       Yes before January 5, 2021.
                                      During SSM.             No on and after January 5,
                                                              2021.
Sec. 63.6(f)(2)-(3)..............  Methods for             Yes........................
                                      Determining
                                      Compliance..
Sec. 63.6(g)(1)-(3)..............  Use of an Alternative   Yes........................
                                      Standard.

[[Page 787]]

 
Sec. 63.6(h).....................  Compliance With         No.........................  Subpart MMMM does not
                                      Opacity/Visible                                      establish opacity
                                      Emission Standards.                                  standards and does
                                                                                           not require
                                                                                           continuous opacity
                                                                                           monitoring systems
                                                                                           (COMS).
Sec. 63.6(i)(1)-(16).............  Extension of            Yes........................
                                      Compliance.
Sec. 63.6(j).....................  Presidential            Yes........................
                                      Compliance Exemption.
Sec. 63.7(a)(1)..................  Performance Test        Yes........................  Applies to all
                                      Requirements--Applica                                affected sources.
                                      bility.                                              Additional
                                                                                           requirements for
                                                                                           performance testing
                                                                                           are specified in Sec.
                                                                                            Sec. 63.3964,
                                                                                           63.3965, and 63.3966.
Sec. 63.7(a)(2)..................  Performance Test        Yes........................  Applies only to
                                      Requirements--Dates.                                 performance tests for
                                                                                           capture system and
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standard.
                                                                                           Section
                                                                                           63.3960specifies the
                                                                                           schedule for
                                                                                           performance test
                                                                                           requirements that are
                                                                                           earlier than those
                                                                                           specified in Sec.
                                                                                           63.7(a)(2).
Sec. 63.7(a)(3)-(4)..............  Performance Tests       Yes........................
                                      Required By the
                                      Administrator, Force
                                      Majeure.
Sec. 63.7(b)-(d).................  Performance Test        Yes........................  Applies only to
                                      Requirements--Notific                                performance tests for
                                      ation, Quality                                       capture system and
                                      Assurance, Facilities                                add-on control device
                                      Necessary for Safe                                   efficiency at sources
                                      Testing, Conditions                                  using these to comply
                                      During Test.                                         with the standard.
Sec. 63.7(e)(1)..................  Conduct of Performance  Yes before January 5, 2021.  See Sec. Sec.
                                      Tests.                  No on and after January 5,   63.3964.
                                                              2021.
Sec. 63.7(e)(2)-(4)..............  Conduct of Performance  Yes........................
                                      Tests.
Sec. 63.7(f).....................  Performance Test        Yes........................  Applies to all test
                                      Requirements--Use of                                 methods except those
                                      Alternative Test                                     used to determine
                                      Method.                                              capture system
                                                                                           efficiency.
Sec. 63.7(g)-(h).................  Performance Test        Yes........................  Applies only to
                                      Requirements--Data                                   performance tests for
                                      Analysis,                                            capture system and
                                      Recordkeeping,                                       add-on control device
                                      Reporting, Waiver of                                 efficiency at sources
                                      Test.                                                using these to comply
                                                                                           with the standard.
Sec. 63.8(a)(1)-(3)..............  Monitoring              Yes........................  Applies only to
                                      Requirements--Applica                                monitoring of capture
                                      bility.                                              system and add-on
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standard.
                                                                                           Additional
                                                                                           requirements for
                                                                                           monitoring are
                                                                                           specified in Sec.
                                                                                           63.3968.
Sec. 63.8(a)(4)..................  Additional Monitoring   No.........................  Subpart MMMM does not
                                      Requirements.                                        have monitoring
                                                                                           requirements for
                                                                                           flares.
Sec. 63.8(b).....................  Conduct of Monitoring.  Yes........................
Sec. 63.8(c)(1)..................  Continuous Monitoring   Yes before January 5, 2021.  Section 63.3968
                                      System (CMS)            No on and after January 5,   specifies the
                                      Operation and           2021.                        requirements for the
                                      Maintenance.                                         operation of CMS for
                                                                                           capture systems and
                                                                                           add-on control
                                                                                           devices at sources
                                                                                           using these to
                                                                                           comply.
Sec. 63.8(c)(2)-(3)..............  CMS Operation and       Yes........................  Applies only to
                                      Maintenance.                                         monitoring of capture
                                                                                           system and add-on
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standard.
                                                                                           Additional
                                                                                           requirements for CMS
                                                                                           operations and
                                                                                           maintenance are
                                                                                           specified in Sec.
                                                                                           63.3968.

[[Page 788]]

 
Sec. 63.8(c)(4)..................  CMS...................  No.........................  Sec. 63.3968
                                                                                           specifies the
                                                                                           requirements for the
                                                                                           operation of CMS for
                                                                                           capture systems and
                                                                                           add-on control
                                                                                           devices at sources
                                                                                           using these to
                                                                                           comply.
Sec. 63.8(c)(5)..................  COMS..................  No.........................  Subpart MMMM does not
                                                                                           have opacity or
                                                                                           visible emission
                                                                                           standards.
Sec. 63.8(c)(6)..................  CMS Requirements......  No.........................  Section 63.3968
                                                                                           specifies the
                                                                                           requirements for
                                                                                           monitoring systems
                                                                                           for capture systems
                                                                                           and add-on control
                                                                                           devices at sources
                                                                                           using these to
                                                                                           comply.
Sec. 63.8(c)(7)..................  CMS Out-of-Control      Yes........................
                                      Periods.
Sec. 63.8(c)(8)..................  CMS Out-of-Control      No.........................  Sec. 63.3920
                                      Periods and Reporting.                               requires reporting of
                                                                                           CMS out-of-control
                                                                                           periods.
Sec. 63.8(d)-(e).................  Quality Control         No.........................  Subpart MMMM does not
                                      Program and CMS                                      require the use of
                                      Performance                                          continuous emissions
                                      Evaluation.                                          monitoring systems.
Sec. 63.8(f)(1)-(5)..............  Use of an Alternative   Yes........................
                                      Monitoring Method.
Sec. 63.8(f)(6)..................  Alternative to          No.........................  Subpart MMMM does not
                                      Relative Accuracy                                    require the use of
                                      Test.                                                continuous emissions
                                                                                           monitoring systems.
Sec. 63.8(g)(1)-(5)..............  Data Reduction........  No.........................  Sections 63.3967 and
                                                                                           63.3968 specify
                                                                                           monitoring data
                                                                                           reduction.
Sec. 63.9(a)-(d).................  Notification            Yes........................
                                      Requirements.
Sec. 63.9(e).....................  Notification of         Yes........................  Applies only to
                                      Performance Test.                                    capture system and
                                                                                           add-on control device
                                                                                           performance tests at
                                                                                           sources using these
                                                                                           to comply with the
                                                                                           standard.
Sec. 63.9(f).....................  Notification of         No.........................  Subpart MMMM does not
                                      Visible Emissions/                                   have opacity or
                                      Opacity Test.                                        visible emissions
                                                                                           standards.
Sec. 63.9(g)(1)-(3)..............  Additional              No.........................  Subpart MMMM does not
                                      Notifications When                                   require the use of
                                      Using CMS.                                           continuous emissions
                                                                                           monitoring systems.
Sec. 63.9(h).....................  Notification of         Yes........................  Section 63.3910
                                      Compliance Status.                                   specifies the dates
                                                                                           for submitting the
                                                                                           notification of
                                                                                           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--Applicabil
                                      ity and General
                                      Information.
Sec. 63.10(b)(1).................  General Recordkeeping   Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           Sec. 63.3930 and
                                                                                           63.3931.
Sec. 63.10(b)(2)(i)-(ii).........  Recordkeeping of        Yes before January 5, 2021.  See Sec. 63.3930(j).
                                      Occurrence and          No on and after January 5,
                                      Duration of Startups    2021.
                                      and Shutdowns and of
                                      Failures to Meet
                                      Standards.
Sec. 63.10(b)(2)(iii)............  Recordkeeping Relevant  Yes........................  Sec.
                                      to Maintenance of Air                                63.10(b)(2)(iii).
                                      Pollution Control and
                                      Monitoring Equipment.
Sec. 63.10(b)(2)(iv)-(v).........  Actions Taken to        Yes before January 5, 2021.  See Sec. 63.3930(j)
                                      Minimize Emissions      No on and after January 5,   for a record of
                                      During SSM.             2021.                        actions taken to
                                                                                           minimize emissions
                                                                                           duration a deviation
                                                                                           from the standard.
Sec. 63.10(b)(2)(vi).............  Recordkeeping for CMS   Yes before January 5, 2021.  See Sec. 63.3930(j)
                                      Malfunctions.           No on and after January 5,   for records of
                                                              2021.                        periods of deviation
                                                                                           from the standard,
                                                                                           including instances
                                                                                           where a CMS is
                                                                                           inoperative or out-of-
                                                                                           control.
Sec. 63.10(b)(2)(xii)............  Records...............  Yes........................

[[Page 789]]

 
Sec. 63.10(b)(2)(xiii)...........  ......................  No.........................  Subpart MMMM does not
                                                                                           require the use of
                                                                                           continuous emissions
                                                                                           monitoring systems.
Sec. 63.10(b)(2)(xiv)............  ......................  Yes........................
Sec. 63.10(b)(3).................  Recordkeeping           Yes........................
                                      Requirements for
                                      Applicability
                                      Determinations.
Sec. 63.10(c)(1)-(6).............  Additional              Yes........................
                                      Recordkeeping
                                      Requirements for
                                      Sources with CMS.
Sec. 63.10(c)(7)-(8).............  Additional              No.........................  See Sec. 63.3930(j)
                                      Recordkeeping                                        for records of
                                      Requirements for                                     periods of deviation
                                      Sources with CMS.                                    from the standard,
                                                                                           including instances
                                                                                           where a CMS is
                                                                                           inoperative or out-of-
                                                                                           control.
Sec. 63.10(c)(10)-(14)...........  Additional              Yes........................
                                      Recordkeeping
                                      Requirements for
                                      Sources with CMS.
Sec. 63.10(c)(15)................  Records Regarding the   Yes before January 5, 2021.
                                      SSMP.                   No on and after January 5,
                                                              2021.
Sec. 63.10(d)(1).................  General Reporting       Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.3920.
Sec. 63.10(d)(2).................  Report of Performance   Yes........................  Additional
                                      Test Results.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.3920(b) and (d).
Sec. 63.10(d)(3).................  Reporting Opacity or    No.........................  Subpart MMMM does not
                                      Visible Emissions                                    require opacity or
                                      Observations.                                        visible emissions
                                                                                           observations.
Sec. 63.10(d)(4).................  Progress Reports for    Yes........................
                                      Sources With
                                      Compliance Extensions.
Sec. 63.10(d)(5).................  SSM Reports...........  Yes before January 5, 2021.  See Sec. 63.3920
                                                              No on and after January 5,   (a)(7) and (c).
                                                              2021.
Sec. 63.10(e)(1)-(2).............  Additional CMS Reports  No.........................  Subpart MMMM does not
                                                                                           require the use of
                                                                                           continuous emissions
                                                                                           monitoring systems.
Sec. 63.10(e)(3).................  Excess Emissions/CMS    No.........................  Section 63.3920(b)
                                      Performance Reports.                                 specifies the
                                                                                           contents of periodic
                                                                                           compliance reports.
Sec. 63.10(e)(4).................  COMS Data Reports.....  No.........................  Subpart MMMMM does not
                                                                                           specify requirements
                                                                                           for opacity or COMS.
Sec. 63.10(f)....................  Recordkeeping/          Yes........................
                                      Reporting Waiver.
Sec. 63.11.......................  Control Device          No.........................  Subpart MMMM does not
                                      Requirements/Flares.                                 specify use of flares
                                                                                           for compliance.
Sec. 63.12.......................  State Authority and     Yes........................
                                      Delegations.
Sec. 63.13.......................  Addresses.............  Yes........................
Sec. 63.14.......................  IBR...................  Yes........................
Sec. 63.15.......................  Availability of         Yes........................
                                      Information/
                                      Confidentiality.
----------------------------------------------------------------------------------------------------------------


[85 FR 41145, July 8, 2020, as amended at 85 FR 73906, Nov. 19, 2020]



   Sec. Table 3 to Subpart MMMM of Part 63--Default Organic HAP Mass 
                Fraction for Solvents and Solvent Blends

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data and which match either the solvent blend name or the 
chemical abstract series (CAS) number. If a solvent blend matches both 
the name and CAS number for an entry, that entry's organic HAP mass 
fraction must be used for that solvent blend. Otherwise, use the organic 
HAP mass fraction for the entry matching either the solvent blend name 
or CAS number, or use the organic HAP mass fraction from table 4 to this 
subpart if neither the name or CAS number match.

[[Page 790]]



----------------------------------------------------------------------------------------------------------------
                                                                    Average
             Solvent/solvent blend                 CAS. No.       organic HAP    Typical organic HAP, percent by
                                                                 mass fraction                mass
----------------------------------------------------------------------------------------------------------------
1. Toluene....................................        108-88-3           1.0    Toluene.
2. Xylene(s)..................................       1330-20-7           1.0    Xylenes, ethylbenzene.
3. Hexane.....................................        110-54-3           0.5    n-hexane.
4. n-Hexane...................................        110-54-3           1.0    n-hexane.
5. Ethylbenzene...............................        100-41-4           1.0    Ethylbenzene.
6. Aliphatic 140..............................  ..............           0      None.
7. Aromatic 100...............................  ..............           0.02   1% xylene, 1% cumene.
8. Aromatic 150...............................  ..............           0.09   Naphthalene.
9. Aromatic naphtha...........................      64742-95-6           0.02   1% xylene, 1% cumene.
10. Aromatic solvent..........................      64742-94-5           0.1    Naphthalene.
11. Exempt mineral spirits....................       8032-32-4           0      None.
12. Ligroines (VM & P)........................       8032-32-4           0      None.
13. Lactol spirits............................      64742-89-6           0.15   Toluene.
14. Low aromatic white spirit.................      64742-82-1           0      None.
15. Mineral spirits...........................      64742-88-7           0.01   Xylenes.
16. Hydrotreated naphtha......................      64742-48-9           0      None.
17. Hydrotreated light distillate.............      64742-47-8           0.001  Toluene.
18. Stoddard solvent..........................       8052-41-3           0.01   Xylenes.
19. Super high-flash naphtha..................      64742-95-6           0.05   Xylenes.
20. Varsol [supreg] solvent...................       8052-49-3           0.01   0.5% xylenes, 0.5% ethylbenzene.
21. VM & P naphtha............................      64742-89-8           0.06   3% toluene, 3% xylene.
22. Petroleum distillate mixture..............      68477-31-6           0.08   4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 4 to Subpart MMMM of Part 63--Default Organic HAP Mass 
                Fraction for Petroleum Solvent Groups \a\

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data.

------------------------------------------------------------------------
                                          Average       Typical organic
            Solvent type                organic HAP     HAP, percent by
                                       mass fraction         mass
------------------------------------------------------------------------
Aliphatic \b\                                   0.03  1% Xylene, 1%
                                                       Toluene, and 1%
                                                       Ethylbenzene.
Aromatic \c\                                    0.06  4% Xylene, 1%
                                                       Toluene, and 1%
                                                       Ethylbenzene.
------------------------------------------------------------------------
\a\ Use this table only if the solvent blend does not match any of the
  solvent blends in Table 3 to this subpart by either solvent blend name
  or CAS number and you only know whether the blend is aliphatic or
  aromatic.
\b\ Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed
  Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol
  Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent
  Naphtha, Solvent Blend.
\c\ Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light
  Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic Hydrocarbons,
  Light Aromatic Solvent.



   Sec. Table 5 to Subpart MMMM of Part 63--List of HAP 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

[[Page 791]]

 
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
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 41148, July 8, 2020]



    Sec. Appendix A to Subpart MMMM of Part 63--Alternative Capture 
    Efficiency and Destruction Efficiency Measurement and Monitoring 
              Procedures for Magnet Wire Coating Operations

    1.0 Introduction.
    1.1 These alternative procedures for capture efficiency and 
destruction efficiency measurement and monitoring are intended 
principally for newer magnet wire coating machines where the control 
device is internal and integral to the oven so that it is difficult or 
infeasible to make gas measurements at the inlet to the control device.
    1.2 In newer gas fired magnet wire ovens with thermal control (no 
catalyst), the burner tube serves as the control device (thermal

[[Page 792]]

oxidizer) for the process. The combustion of solvents in the burner tube 
is the principal source of heat for the oven.
    1.3 In newer magnet wire ovens with a catalyst there is either a 
burner tube (gas fired ovens) or a tube filled with electric heating 
elements (electric heated oven) before the catalyst. A large portion of 
the solvent is often oxidized before reaching the catalyst. The 
combustion of solvents in the tube and across the catalyst is the 
principal source of heat for the oven. The internal catalyst in these 
ovens cannot be accessed without disassembly of the oven. This 
disassembly includes removal of the oven insulation. Oven reassembly 
often requires the installation of new oven insulation.
    1.4 Some older magnet wire ovens have external afterburners. A 
significant portion of the solvent is oxidized within these ovens as 
well.
    1.5 The alternative procedure for destruction efficiency determines 
the organic carbon content of the volatiles entering the control device 
based on the quantity of coating used, the carbon content of the 
volatile portion of the coating and the efficiency of the capture 
system. The organic carbon content of the control device outlet (oven 
exhaust for ovens without an external afterburner) is determined using 
Method 25 or 25A.
    1.6 When it is difficult or infeasible to make gas measurements at 
the inlet to the control device, measuring capture efficiency with a 
gas-to-gas protocol (see Sec. 63.3965(d)) which relies on direct 
measurement of the captured gas stream will also be difficult or 
infeasible. In these situations, capture efficiency measurement is more 
appropriately done with a procedure which does not rely on direct 
measurement of the captured gas stream.
    1.7 Magnet wire ovens are relatively small compared to many other 
coating ovens. The exhaust rate from an oven is low and varies as the 
coating use rate and solvent loading rate change from job to job. The 
air balance in magnet wire ovens is critical to product quality. Magnet 
wire ovens must be operated under negative pressure to avoid smoke and 
odor in the workplace, and the exhaust rate must be sufficient to 
prevent over heating within the oven.
    1.8 The liquid and gas measurements needed to determine capture 
efficiency and control device efficiency using these alternative 
procedures may be made simultaneously.
    1.9 Magnet wire facilities may have many (e.g., 20 to 70 or more) 
individual coating lines each with its own capture and control system. 
With approval, representative capture efficiency and control device 
efficiency testing of one magnet wire coating machine out of a group of 
identical or very similar magnet wire coating machines may be performed 
rather than testing every individual magnet wire coating machine. The 
operating parameters must be established for each tested magnet wire 
coating machine during each capture efficiency test and each control 
device efficiency test. The operating parameters established for each 
tested magnet wire coating machine also serve as the operating 
parameters for untested or very similar magnet wire coating machines 
represented by a tested magnet wire coating machine.
    2.0 Capture Efficiency.
    2.1 If the capture system is a permanent total enclosure as 
described in Sec. 63.3965(a), then its capture efficiency may be 
assumed to be 100 percent.
    2.2 If the capture system is not a permanent total enclosure, then 
capture efficiency must be determined using the liquid-to-uncaptured-gas 
protocol using a temporary total enclosure or building enclosure in 
Sec. 63.3965(c), or an alternative capture efficiency protocol (see 
Sec. 63.3965(e)) which does not rely on direct measurement of the 
captured gas stream.
    2.3 As an alternative to establishing and monitoring the capture 
efficiency operating parameters in Sec. 63.3967(f), the monitoring 
described in either section 2.4 or 2.5, and the monitoring described in 
sections 2.6 and 2.7 may be used for magnet wire coating machines.
    2.4 Each magnet wire oven must be equipped with an interlock 
mechanism which will stop or prohibit the application of coating either 
when any exhaust fan for that oven is not operating or when the oven 
experiences an over limit temperature condition.
    2.5 Each magnet wire oven must be equipped with an alarm which will 
be activated either when any oven exhaust fan is not operating or when 
the oven experiences an over limit temperature condition.
    2.6 If the interlock in 2.4 or the alarm in 2.5 is monitoring for 
over limit temperature conditions, then the temperature(s) that will 
trigger the interlock or the alarm must be included in the start-up, 
shutdown and malfunction plan and the interlock or alarm must be set to 
be activated when the oven reaches that temperature.
    2.7 Once every 6 months, each magnet wire oven must be checked using 
a smoke stick or equivalent approach to confirm that the oven is 
operating at negative pressure compared to the surrounding atmosphere.
    3.0 Control Device Efficiency.
    3.1 Determine the weight fraction carbon content of the volatile 
portion of each coating, thinner, additive, or cleaning material used 
during each test run using either the procedure in section 3.2 or 3.3.
    3.2 Following the procedures in Method 204F, distill a sample of 
each coating, thinner, additive, or cleaning material used during each 
test run to separate the volatile

[[Page 793]]

portion. Determine the weight fraction carbon content of each distillate 
using ASTM Method D5291-02, ``Standard Test Methods for Instrumental 
Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products 
and Lubricants'' (incorporated by reference, see Sec. 63.14).
    3.3 Analyze each coating, thinner, additive or cleaning material 
used during each test run using Method 311. For each volatile compound 
detected in the gas chromatographic analysis of each coating, thinner, 
additive, or cleaning material calculate the weight fraction of that 
whole compound in the coating, thinner, additive, or cleaning material. 
For each volatile compound detected in the gas chromatographic analysis 
of each coating, thinner, additive, or cleaning material calculate the 
weight fraction of the carbon in that compound in the coating, thinner, 
additive, or cleaning material. Calculate the weight fraction carbon 
content of each coating, thinner, additive, or cleaning material as the 
ratio of the sum of the carbon weight fractions divided by the sum of 
the whole compound weight fractions.
    3.4 Determine the mass fraction of total volatile hydrocarbon 
(TVHi) in each coating, thinner, additive, or cleaning 
material, i, used during each test run using Method 24. The mass 
fraction of total volatile hydrocarbon equals the weight fraction 
volatile matter (Wv in Method 24) minus the weight fraction 
water (Ww in Method 24), if any, present in the coating. The 
ASTM Method D6053-00, ``Standard Test Method for Determination of 
Volatile Organic Compound (VOC) Content of Electrical Insulating 
Varnishes'' (incorporated by reference, see Sec. 63.14), may be used as 
an alternative to Method 24 for magnet wire enamels. The specimen size 
for testing magnet wire enamels with ASTM Method D6053-00 must be 2.0 
0.1 grams.
    3.5 Determine the volume (VOLi) or mass 
(MASSi) of each coating, thinner, additive, or cleaning 
material, i, used during each test run.
    3.6 Calculate the total volatile hydrocarbon input 
(TVHCinlet) to the control device during each test run, as 
carbon, using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR02JA04.028

where:

TVHi = Mass fraction of TVH in coating, thinner, additive, or 
          cleaning material, i, used in the coating operation during the 
          test run.
VOLi = Volume of coating, thinner, additive, or cleaning 
          material, i, used in the coating operation during the test 
          run, liters.
Di = Density of coating, thinner, additive, or cleaning 
          material, i, used in the coating operation during the test 
          run, kg per liter.
CDi = Weight fraction carbon content of the distillate from 
          coating, thinner, additive, or cleaning material, i, used in 
          the coating operation during the test run, percent.
n = Number of coating, thinner, additive, and cleaning materials used in 
          the coating operation during the test run.

    3.7 If the mass, MASSi, of each coating, solvent, 
additive, or cleaning material, i, used during the test run is measured 
directly then MASSi can be substituted for VOLi x 
Di in Equation 1 in section 3.6.
    3.8 Determine the TVHC output (TVHCoutlet) from the 
control device, as carbon, during each test run using the methods in 
Sec. 63.3966(a) and the procedure for determining Mfo in 
Sec. 63.3966(d). TVHCoutlet equals Mfo times the 
length of the test run in hours.
    3.9 Determine the control device efficiency (DRE) for each test run 
using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR02JA04.029

    3.10 The efficiency of the control device is the average of the 
three individual test run values determined in section 3.9.
    3.11 As an alternative to establishing and monitoring the 
destruction efficiency operating parameters for catalytic oxidizers in 
Sec. 63.3967(b), the monitoring described in sections 3.12 and 3.13 may 
be used for magnet wire coating machines equipped with catalytic 
oxidizers.

[[Page 794]]

    3.12 During the performance test, you must monitor and record the 
temperature either just before or just after the catalyst bed at least 
once every 15 minutes during each of the three test runs. Use the data 
collected during the performance test to calculate and record the 
average temperature either just before or just after the catalyst bed 
during the performance test. This is the minimum operating limit for 
your catalytic oxidizer and for the catalytic oxidizers in identical or 
very similar magnet wire coating machines represented by the tested 
magnet wire coating machine.
    3.13 You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s). The plan must address, at a 
minimum, the elements specified in sections 3.14 and 3.15, and the 
elements specified in either (a) section 3.16 or (b) sections 3.17 and 
3.18.
    3.14 You must conduct a monthly external inspection of each 
catalytic oxidizer system, including the burner assembly and fuel supply 
lines for problems and, as necessary, adjust the equipment to assure 
proper air-to-fuel mixtures.
    3.15 You must conduct an annual internal inspection of each 
accessible catalyst bed to check for channeling, abrasion, and settling. 
If problems are found, you must replace the catalyst bed or take 
corrective action consistent with the manufacturer's recommendations. 
This provision does not apply to internal catalysts which cannot be 
accessed without disassembling the magnet wire oven.
    3.16 You must take a sample of each catalyst bed and perform an 
analysis of the catalyst activity (i.e., conversion efficiency) 
following the manufacturer's or catalyst supplier's recommended 
procedures. This sampling and analysis must be done within the time 
period shown in Table 1 below of the most recent of the last catalyst 
activity test or the last catalyst replacement. For example, if the 
warranty for the catalyst is 3 years and the catalyst was more recently 
replaced then the sampling and analysis must be done within the earlier 
of 26,280 operating hours or 5 calendar years of the last catalyst 
replacement. If the warranty for the catalyst is 3 years and the 
catalyst was more recently tested then the sampling and analysis must be 
done within the earlier of 13,140 operating hours or 3 calendar years of 
the last catalyst activity test. If problems are found during the 
catalyst activity test, you must replace the catalyst bed or take 
corrective action consistent with the manufacturer's recommendations.

                Table 1--Catalyst Monitoring Requirements
------------------------------------------------------------------------
                                                       And the catalyst
                                     Then the time     was more recently
                                   between catalyst    tested, then the
 If the catalyst was last (more     replacement and      time between
   recently) replaced and the      the next catalyst   catalyst activity
    warranty period is . . .         activity test       tests cannot
                                   cannot exceed the  exceed the earlier
                                   earlier of . . .        of . . .
------------------------------------------------------------------------
1 year..........................  8,760 operating     8,760 operating
                                   hours or 5          hours or 3
                                   calendar years.     calendar years.
2 years.........................  15,520 operating    8,760 operating
                                   hours or 5          hours or 3
                                   calendar years.     calendar years.
3 years.........................  26,280 operating    13,100 operating
                                   hours or 5          hours or 3
                                   calendar years.     calendar years.
4 years.........................  35,040 operating    17,520 operating
                                   hours or 5          hours or 3
                                   calendar years.     calendar years.
5 or more years.................  43,800 operating    21,900 operating
                                   hours or 5          hours or 3
                                   calendar years.     calendar years.
------------------------------------------------------------------------

    3.17 During the performance test, you must determine the average 
concentration of organic compounds as carbon in the magnet wire oven 
exhaust stack gases (Cc in Equation 1 in Sec. 63.3966(d)) 
and the destruction efficiency of the catalytic oxidizer, and calculate 
the operating limit for oven exhaust stack gas concentration as follows. 
You must identify the highest organic HAP content coating used on this 
magnet wire coating machine or any identical or very similar magnet wire 
coating machines to which the same destruction efficiency test results 
will be applied. Calculate the percent emission reduction necessary to 
meet the magnet wire coating emission limit when using this coating. 
Calculate the average concentration of organic compounds as carbon in 
the magnet wire oven exhaust stack gases that would be equivalent to 
exactly meeting the magnet wire coating emissions limit when using the 
highest organic HAP content coating. The maximum operating limit for 
oven exhaust stack gas concentration equals 90 percent of this 
calculated concentration.
    3.18 For each magnet wire coating machine equipped with a catalytic 
oxidizer you must perform an annual 10 minute test of the oven exhaust 
stack gases using EPA Method 25A. This test must be performed under 
steady state operating conditions similar to those at which the last 
destruction efficiency test for equipment of that type (either the 
specific magnet wire coating

[[Page 795]]

machine or an identical or very similar magnet wire coating machine) was 
conducted. If the average exhaust stack gas concentration during the 
annual test of a magnet wire coating machine equipped with a catalytic 
oxidizer is greater than the operating limit established in section 3.17 
then that is a deviation from the operating limit for that catalytic 
oxidizer. If problems are found during the annual 10-minute test of the 
oven exhaust stack gases, you must replace the catalyst bed or take 
other corrective action consistent with the manufacturer's 
recommendations.
    3.19 If a catalyst bed is replaced and the replacement catalyst is 
not of like or better kind and quality as the old catalyst, then you 
must conduct a new performance test to determine destruction efficiency 
according to Sec. 63.3966 and establish new operating limits for that 
catalytic oxidizer unless destruction efficiency test results and 
operating limits for an identical or very similar unit (including 
consideration of the replacement catalyst) are available and approved 
for use for the catalytic oxidizer with the replacement catalyst.
    3.20 If a catalyst bed is replaced and the replacement catalyst is 
of like or better kind and quality as the old catalyst, then a new 
performance test to determine destruction efficiency is not required and 
you may continue to use the previously established operating limits for 
that catalytic oxidizer.



 Subpart NNNN_National Emission Standards for Hazardous Air Pollutants: 
                   Surface Coating of Large Appliances

    Source: 67 FR 48262, July 23, 2002, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.4080  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants for large appliance surface coating facilities. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations.



Sec. 63.4081  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a facility 
that applies coatings to large appliance parts or products, and is a 
major source, is located at a major source, or is part of a major source 
of emissions of hazardous air pollutants (HAP), except as provided in 
paragraph (d) of this section. 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 any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or 
more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) 
or more per year. You are not subject to this subpart if your large 
appliance surface coating facility is located at, or is part of, an area 
source of HAP emissions. An area source of HAP emissions is any 
stationary source or group of stationary sources located within a 
contiguous area and under common control that is not a major source.
    (b) The large appliance surface coating source category includes any 
facility engaged in the surface coating of a large appliance part or 
product. Large appliance parts and products include but are not limited 
to cooking equipment; refrigerators, freezers, and refrigerated cabinets 
and cases; laundry equipment; dishwashers, trash compactors, and water 
heaters; and heating, ventilation, and air-conditioning (HVAC) units, 
air-conditioning (except motor vehicle) units, air-conditioning and 
heating combination units, comfort furnaces, and electric heat pumps. 
Specifically excluded are heat transfer coils and large commercial and 
industrial chillers.
    (c) The large appliance surface coating activities and equipment to 
which this subpart applies are listed in paragraphs (c)(1) through (9) 
of this section:
    (1) Surface preparation of large appliance parts and products;
    (2) Preparation of a coating for application (e.g., mixing in 
thinners and other components);
    (3) Application of a coating to large appliance parts and products 
using, for example, spray guns or dip tanks;
    (4) Application of porcelain enamel, powder coating, and asphalt 
interior soundproofing coating;
    (5) Flash-off, drying, or curing following the coating application 
operation;
    (6) Cleaning of equipment used in coating operations (e.g., 
application equipment, hangers, racks);

[[Page 796]]

    (7) Storage of coatings, thinners, and cleaning materials;
    (8) Conveying of coatings, thinners, and cleaning materials from 
storage areas to mixing areas or coating application areas, either 
manually (e.g., in buckets) or by automated means (e.g., transfer 
through pipes using pumps); and
    (9) Handling and conveying of waste materials generated by coating 
operations.
    (d) This subpart does not apply to surface coating that meets any of 
the criteria of paragraphs (d)(1) through (5) of this section.
    (1) The surface coating of large appliance parts such as metal or 
plastic handles, hinges, or fasteners that have a wider use beyond large 
appliances is not subject to this subpart.
    (2) The surface coating of large appliances conducted for the 
purpose of repairing or maintaining large appliances used by a facility 
and not for commerce is not subject to this subpart unless organic HAP 
emissions from the surface coating itself are as high as the rates 
specified in paragraph (a) of this section.
    (3) The surface coating of heat transfer coils or large commercial 
and industrial chillers.
    (4) The provisions of this subpart do not apply to research or 
laboratory facilities; janitorial, building, and facility maintenance 
operations; hobby shops operated for noncommercial purposes or coating 
applications using hand-held non-refillable aerosol containers.
    (5) The provisions of this subpart do not apply to processes 
involving metal plating or phosphating of a substrate.
    (e) If you own or operate an affected source that is subject to this 
subpart and at the same affected source you also perform surface coating 
subject to any other subparts in this part, you may choose for the 
affected source to comply with only one subpart. In order to choose this 
alternative, the total mass of organic HAP emissions from all surface 
coating operations in the affected source must be less than or equal to 
the total mass of organic HAP emissions that would result if it complied 
separately with all applicable subparts. You must make this comparison 
for the initial compliance period and report it in the Notification of 
Compliance Status as required in Sec. 63.4110(b)(10) and in the 
Notification of Compliance Status required by the other subparts. If you 
choose this alternative, your demonstration of compliance with the other 
subpart constitutes compliance with this subpart.



Sec. 63.4082  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source.
    (b) The affected source is the collection of all of the items listed 
in paragraphs (b)(1) through (4) of this section that are part of the 
large appliance surface coating facility:
    (1) All coating operations as defined in Sec. 63.4181;
    (2) All storage containers and mixing vessels in which coatings, 
thinners, and cleaning materials are stored or mixed;
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners, and cleaning materials; and
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a coating 
operation.
    (c) An affected source is a new affected source if you commenced its 
construction after July 23, 2002, and the construction is of a 
completely new large appliance surface coating facility where previously 
no large appliance surface coating facility had existed.
    (d) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.



Sec. 63.4083  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source is 
specified in paragraphs (a) through (c) of this section. The compliance 
date begins the initial compliance period during which you conduct the 
initial compliance demonstration described in Sec. Sec. 63.4140, 
63.4150, and 63.4160.

[[Page 797]]

    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section.
    (1) If the initial startup of your new or reconstructed affected 
source is before July 23, 2002, the compliance date is July 23, 2002.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after July 23, 2002, the compliance date is the date of 
initial startup of your affected source.
    (b) For an existing affected source, the compliance date is July 25, 
2005.
    (c) For an area source that increases its emissions or its potential 
to emit such that it becomes a major source of HAP emissions, the 
compliance date is specified in paragraphs (c)(1) and (2) of this 
section.
    (1) For any portion of the source that becomes a new or 
reconstructed affected source subject to this subpart, the compliance 
date is the date of initial startup of the affected source, or the date 
the area source becomes a major source, or July 23, 2002, whichever is 
latest.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or July 25, 2005, whichever 
is later.
    (d) You must meet the notification requirements in Sec. 63.4110 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

                          Emission Limitations



Sec. 63.4090  What emission limits must I meet?

    (a) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere to no more than 0.13 kilogram per liter (kg/
liter) (1.1 pound per gallon (lb/gal)) of coating solids used during 
each compliance period.
    (b) For a new or reconstructed affected source, you must limit 
organic HAP emissions to the atmosphere to no more than 0.022 kg/liter 
(0.18 lb/gal) of coating solids used during each compliance period.



Sec. 63.4091  What are my options for meeting the emission limits?

    You must include all coatings, thinners, and cleaning materials used 
in the affected source when determining whether the organic HAP emission 
rate is equal to or less than the applicable emission limit in Sec. 
63.4090. To make this determination, you must use at least one of the 
three compliance options listed in paragraphs (a) through (c) of this 
section. You may apply any of the compliance options to an individual 
coating operation or to multiple coating operations as a group or to the 
entire affected source. You may use different compliance options for 
different coating operations or at different times on the same coating 
operation. However, you may not use different compliance options at the 
same time on the same coating operation. If you switch between 
compliance options for any coating operation or group of coating 
operations, you must document this switch as required by Sec. 
63.4130(c), and you must report it in the next semiannual compliance 
report required in Sec. 63.4120.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation(s) is less than or 
equal to the applicable emission limit in Sec. 63.4090, and that each 
thinner and each cleaning material used contains no organic HAP. You 
must meet all the requirements of Sec. Sec. 63.4140, 63.4141, and 
63.4142 to demonstrate compliance with the emission limit using this 
option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on data on the coatings, thinners, and cleaning materials used in 
the coating operation(s), the organic HAP emission rate for the coating 
operation(s) is less than or equal to the applicable emission limit in 
Sec. 63.4090. You must meet all the requirements of Sec. Sec. 63.4150, 
63.4151, and 63.4152 to demonstrate compliance with the emission limit 
using this option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on data on the coatings, thinners, and cleaning materials used in 
the coating operation(s) and the emission reductions achieved by 
emission capture and

[[Page 798]]

add-on controls, the organic HAP emission rate for the coating 
operation(s) is less than or equal to the applicable emission limit in 
Sec. 63.4090. If you use this compliance option, you must also 
demonstrate that all emission capture systems and add-on control devices 
for the coating operation(s) meet the operating limits required in Sec. 
63.4092, except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec. 63.4161(h), and that 
you meet the work practice standards required in Sec. 63.4093. You must 
meet all the requirements of Sec. Sec. 63.4160 through 63.4168 to 
demonstrate compliance with the emission limits, operating limits, and 
work practice standards using this option.



Sec. 63.4092  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, you 
are not required to meet any operating limits.
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option, except those for which you 
use a solvent recovery system and conduct a liquid-liquid material 
balance according to Sec. 63.4161(h), you must meet the operating 
limits specified in Table 1 to this subpart. These operating limits 
apply to the emission capture and control systems on the coating 
operation(s) for which you use this option, and you must establish the 
operating limits during the performance test according to the 
requirements in Sec. 63.4167. You must meet the operating limits at all 
times after you establish them.
    (c) If you use an add-on control device other than those listed in 
Table 1 to this subpart or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the U.S. 
Environmental Protection Agency (EPA) Administrator for approval of 
alternative monitoring under Sec. 63.8(f).



Sec. 63.4093  What work practice standards must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, you 
are not required to meet any work practice standards.
    (b) If you use the emission rate with add-on controls option, you 
must develop and implement a work practice plan to minimize organic HAP 
emissions from the storage, mixing, and conveying of coatings, thinners, 
and cleaning materials used in, and waste materials generated by, the 
coating operation(s) for which you use this option; or you must meet an 
alternative standard as provided in paragraph (c) of this section. The 
plan must specify practices and procedures to ensure that, at a minimum, 
the elements specified in paragraphs (b)(1) through (5) of this section 
are implemented.
    (1) All organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be stored in closed containers.
    (2) Spills of organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners, cleaning materials, 
and waste materials must be conveyed from one location to another in 
closed containers or pipes.
    (4) Mixing vessels which contain organic-HAP-containing coatings and 
other materials must be closed except when adding to, removing, or 
mixing the contents.
    (5) Emissions of organic HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) As provided in Sec. 63.6(g), we, the EPA, may choose to grant 
you permission to use an alternative to the work practice standards in 
this section.

                     General Compliance Requirements



Sec. 63.4100  What are my general requirements for complying 
with this subpart?

    (a) You must be in compliance with the emission limitations in this 
subpart as specified in paragraphs (a)(1) and (2) of this section.
    (1) Any coating operation(s) for which you use the compliant 
material option or the emission rate without add-on controls option, as 
specified in

[[Page 799]]

Sec. 63.4091(a) and (b), must be in compliance with the applicable 
emission limit in Sec. 63.4090 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec. 63.4091(c), must be 
in compliance with the applicable emission limit in Sec. 63.4090 and 
work practice standards in Sec. 63.4093 at all times. Each controlled 
coating operation must be in compliance with the operating limits for 
emission capture systems and add-on control devices required by Sec. 
63.4092 at all times, except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to Sec. 63.4161(h).
    (b) Before September 12, 2019, you must always operate and maintain 
your affected source, including all air pollution control and monitoring 
equipment you use for purposes of complying with this subpart, according 
to the provisions in Sec. 63.6(e)(1)(i). On and after September 12, 
2019, at all times, the owner or operator must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. The general 
duty to minimize emissions does not require the owner or operator to 
make any further efforts to reduce emissions if levels required by the 
applicable standard have been achieved. Determination of whether a 
source is operating in compliance with operation and maintenance 
requirements will be based on information available to the Administrator 
that may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the affected source.
    (c) If your affected source uses an emission capture system and add-
on control device, you must maintain a log detailing the operation and 
maintenance of the emission capture system, add-on control device, and 
continuous parameter monitors during the period between the compliance 
date specified for your affected source in Sec. 63.4083 and the date 
when the initial emission capture system and add-on control device 
performance tests have been completed as specified in Sec. 63.4160. 
This requirement does not apply to a solvent recovery system for which 
you conduct a liquid-liquid material balance according to Sec. 
63.4161(h) in lieu of conducting performance tests.
    (d) Before September 12, 2019, if your affected source uses an 
emission capture system and add-on control device, you must develop a 
written startup, shutdown, and malfunction plan according to the 
provisions in Sec. 63.6(e)(3). The plan must address the startup, 
shutdown, and corrective actions in the event of a malfunction of the 
emission capture system or the add-on control device. The plan must also 
address any coating operation equipment that may cause increased 
emissions or that would affect capture efficiency if the process 
equipment malfunctions, such as conveyors that move parts among 
enclosures. A startup, shutdown, and malfunction plan is not required on 
and after September 12, 2019.

[67 FR 48262, July 23, 2002, as amended at 71 FR 20465, Apr. 20, 2006; 
84 FR 9611, Mar. 15, 2019]



Sec. 63.4101  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 63.15 apply to you.

                   Notifications, Reports, and Records



Sec. 63.4110  What notifications must I submit?

    (a) You must submit the notifications in Sec. Sec. 63.7(b) and (c), 
63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by the 
dates specified in those sections, except as provided in paragraphs 
(a)(1) and (2) of this section.
    (1) You must submit the Initial Notification required by Sec. 
63.9(b) for an existing affected source no later than July 23, 2003, or 
no later than 120 days after the source becomes subject to this subpart. 
For a new or reconstructed affected source, you must submit the Initial 
Notification no later than 120 days after initial startup, November 20, 
2002, or no later than 120 days after the source becomes subject to this 
subpart, whichever is later.

[[Page 800]]

    (2) You must submit the Notification of Compliance Status required 
by Sec. 63.9(h) no later than 30 calendar days following the end of the 
initial compliance period described in Sec. 63.4140, Sec. 63.4150, or 
Sec. 63.4160 that applies to your affected source.
    (b) The Notification of Compliance Status must contain the 
information specified in paragraphs (b)(1) through (10) of this section 
and the applicable information specified in Sec. 63.9(h).
    (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 the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec. 63.4140, Sec. 63.4150, or Sec. 63.4160 that applies 
to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec. 63.4091 that you used on each coating operation in the affected 
source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(b)(6)(i) and (ii) of this section.
    (i) A description of and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in Sec. 
63.4090, include all the calculations you used to determine the kg 
organic HAP emitted per liter of coating solids used. You do not need to 
submit information provided by the materials suppliers or manufacturers 
or test reports.
    (7) For each of the data items listed in paragraphs (b)(7)(i) 
through (iv) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data can include a copy of 
the information provided by the supplier or manufacturer of the example 
coating or material or a summary of the results of testing conducted 
according to Sec. 63.4141(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating, for one thinner, 
and for one cleaning material.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner, and one cleaning 
material, except that if you use the compliant material option, only the 
example coating density is required.
    (iv) The amount of waste materials and the mass of organic HAP 
contained in the waste materials for which you are claiming an allowance 
in Equation 1 of Sec. 63.4151.
    (8) The determination of kg organic HAP emitted per liter of coating 
solids used for the compliance option(s) you use, as specified in 
paragraphs (b)(8)(i) through (iii) of this section.
    (i) For the compliant material option, provide an example 
determination of the organic HAP content for one coating, according to 
Sec. 63.4141(d).
    (ii) For the emission rate without add-on controls option, provide 
the calculation of the total mass of organic HAP emissions; the 
calculation of the total volume of coating solids used; and the 
calculation of the organic HAP emission rate, using Equations 1, 1A 
through 1C, 2, and 3, respectively, of Sec. 63.4151.
    (iii) For the emission rate with add-on controls option, provide the 
calculation of the total mass of organic HAP emissions for the coatings, 
thinners, and cleaning materials used, using Equations 1 and 1A through 
1C of Sec. 63.4151; the calculation of the total volume of coating 
solids used, using Equation 2 of Sec. 63.4151; the calculation of the 
mass of organic HAP emission reduction by emission capture systems and 
add-on control devices, using Equations 1, 1A through 1C, 2, 3, and 3A 
through 3C of Sec. 63.4161, as applicable; and the calculation of the 
organic HAP emission rate, using Equation 4 of Sec. 63.4161.
    (9) For the emission rate with add-on controls option, you must 
include the information specified in paragraphs (b)(9)(i) through (v) of 
this section, except that the requirements in paragraphs (b)(9)(i) 
through (iii) of this section do not apply to solvent recovery

[[Page 801]]

systems for which you conduct liquid-liquid material balances according 
to Sec. 63.4161(h).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure (PTE) or a 
measurement of the emission capture system efficiency. Include a 
description of the protocol followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you use 
the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show you 
meet the DQO or LCL criteria in appendix A to subpart KK of this part. 
You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented the 
work practice plan required by Sec. 63.4093.
    (v) Before September 12, 2019, a statement of whether or not you 
developed the startup, shutdown, and malfunction plan required by Sec. 
63.4100(d). This statement is not required on and after September 12, 
2019.
    (10) If you have chosen for your affected source to comply with the 
requirements of another subpart in lieu of the requirements of this 
subpart, as allowed in Sec. 63.4081(d), your Notification of Compliance 
Status must include a statement certifying your intent, as well as 
documentation and supporting materials showing that, during the initial 
compliance period, your affected source's total organic HAP emissions 
were equal to or less than the organic HAP emissions that would have 
resulted from complying separately with each applicable subpart.

[67 FR 48262, July 23, 2002, as amended at 71 FR 20465, Apr. 20, 2006; 
84 FR 9611, Mar. 15, 2019; 85 FR 73906, Nov. 19, 2020]



Sec. 63.4120  What reports must I submit?

    You must submit semiannual compliance reports for each affected 
source according to the requirements of this section. The semiannual 
compliance reporting requirements of this section may be satisfied by 
reports required under other parts of the Clean Air Act (CAA), as 
specified in paragraph (a)(5) of this section.
    (a) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must prepare and submit 
each semiannual compliance report according to the dates specified in 
paragraphs (a)(1) through (4) of this section.
    (1) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec. 63.4140, Sec. 63.4150, or 
Sec. 63.4160 that applies to your affected source and ends on June 30 
or December 31, whichever date is the first date following the end of 
the initial compliance period.
    (2) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 or 
the semiannual reporting period from July 1 through December 31.
    (3) Each semiannual 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.
    (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 semiannual 
compliance reports according to the dates the permitting authority has 
established instead of the date specified in paragraph (a)(3) of this 
section.
    (5) 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

[[Page 802]]

71.6(a)(3)(iii)(A). If an affected source submits a semiannual 
compliance report pursuant to this section 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 semiannual compliance report 
includes all required information concerning deviations from any 
emission limitation in this subpart, its submission shall be deemed to 
satisfy any obligation to report the same deviations in the semiannual 
monitoring report. However, submission of a semiannual compliance report 
shall not otherwise affect any obligation the affected source may have 
to report deviations from permit requirements to the permitting 
authority.
    (b) The semiannual compliance report must contain the information 
specified in paragraphs (b)(1) through (4) of this section and the 
information specified in paragraphs (c) through (j) of this section that 
is applicable to your affected source.
    (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. The reporting period is the 6-month period ending on June 30 or 
December 31.
    (4) Identification of the compliance option or options specified in 
Sec. 63.4091 that you used on each coating operation during the 
reporting period. If you switched between compliance options during the 
reporting period, you must report the beginning and ending dates you 
used each option.
    (c) If there were no deviations from the emission limitations in 
Sec. Sec. 63.4090, 63.4092, and 63.4093 that apply to you, the 
semiannual compliance report must include a statement that there were no 
deviations from the emission limitations during the reporting period.
    (d) If you use the compliant material option and there was a 
deviation from the applicable emission limit in Sec. 63.4090, the 
semiannual compliance report must contain the information in paragraph 
(d)(1) or (2) of this section, as applicable.
    (1) Before September 12, 2019, the information in paragraphs 
(d)(1)(i) through (iv) of this section.
    (i) Identification of each coating used that deviated from the 
emission limit, each thinner and cleaning material used that contained 
organic HAP, and the dates and time periods each was used.
    (ii) The determination of the organic HAP content, according to 
Sec. 63.4141(d), for each coating identified in paragraph (d)(1)(i) of 
this section. You do not need to submit background data supporting this 
calculation, for example, information provided by coating suppliers or 
manufacturers or test reports.
    (iii) The determination of mass fraction of organic HAP for each 
thinner and cleaning material identified in paragraph (d)(1)(i) of this 
section. You do not need to submit background data supporting this 
calculation, for example, information provided by material suppliers or 
manufacturers or test reports.
    (iv) A statement of the cause of each deviation.
    (2) On and after September 12, 2019, if there was a deviation from 
the applicable emission limit in Sec. 63.4090, the semiannual 
compliance report must contain the information in paragraphs (d)(2)(i) 
through (v) of this section.
    (i) Identification of each coating used that deviated from the 
emission limit, each thinner and cleaning material used that contained 
organic HAP, and the date, time, and duration each was used.
    (ii) The determination of the organic HAP content, according to 
Sec. 63.4141(d), for each coating identified in paragraph (d)(2)(i) of 
this section. You do not need to submit background data supporting this 
calculation, for example, information provided by coating suppliers or 
manufacturers or test reports.
    (iii) The determination of mass fraction of organic HAP for each 
thinner and cleaning material identified in paragraph (d)(2)(i) of this 
section. You do not need to submit background data supporting this 
calculation, for example, information provided by material suppliers or 
manufacturers or test reports.

[[Page 803]]

    (iv) A statement of the cause of each deviation (including unknown 
cause, if applicable).
    (v) The number of deviations and, for each deviation, a list of the 
affected source or equipment, an estimate of the quantity of each 
regulated pollutant emitted over any emission limit in Sec. 63.4090, 
and a description of the method used to estimate the emissions.
    (e) If you use the emission rate without add-on controls option and 
there was a deviation from the applicable emission limitation in Sec. 
63.4090, the semiannual compliance report must contain the information 
in paragraph (e)(1) or (2), as applicable.
    (1) Before September 12, 2019, the information in paragraphs 
(e)(1)(i) through (iii) of this section.
    (i) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the emission limit.
    (ii) The calculations used to determine the organic HAP emission 
rate for the compliance period in which the deviation occurred. You must 
provide the calculations for Equations 1, 1A through 1C, 2, and 3 in 
Sec. 63.4151; and, if applicable, the calculation used to determine the 
organic HAP in waste materials according to Sec. 63.4151(e)(4). You do 
not need to submit background data supporting these calculations, for 
example, information provided by materials suppliers or manufacturers or 
test reports.
    (iii) A statement of the cause of each deviation.
    (2) On and after September 12, 2019, if there was a deviation from 
the applicable emission limit in Sec. 63.4090, the semiannual 
compliance report must contain the information in paragraphs (e)(2)(i) 
through (iv) of this section.
    (i) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the emission limit.
    (ii) The calculations used to determine the organic HAP emission 
rate for the compliance period in which the deviation occurred. You must 
provide the calculations for Equations 1, 1A through 1C, 2, and 3 in 
Sec. 63.4151; and, if applicable, the calculation used to determine the 
organic HAP in waste materials according to Sec. 63.4151(e)(4). You do 
not need to submit background data supporting these calculations, for 
example, information provided by materials suppliers or manufacturers or 
test reports.
    (iii) A statement of the cause of each deviation (including unknown 
cause, if applicable).
    (iv) The number of deviations, a list of the affected source or 
equipment, an estimate of the quantity of each regulated pollutant 
emitted over any emission limit in Sec. 63.4090, and a description of 
the method used to estimate the emissions.
    (f) If you use the emission rate with add-on controls option and 
there were no periods during which the continuous parameter monitoring 
systems (CPMS) were out-of-control as specified in Sec. 63.8(c)(7), the 
semiannual compliance report must include a statement that there were no 
periods during which the CPMS were out-of-control during the reporting 
period.
    (g) If you use the emission rate with add-on controls option and 
there was a deviation from an emission limitation (including any periods 
when emissions bypassed the add-on control device and were diverted to 
the atmosphere), the semiannual compliance report must contain the 
information in paragraph (g)(1) or (2) of this section, as applicable.
    (1) Before September 12, 2019, the information in paragraphs 
(g)(1)(i) through (xiv) of this section. This includes periods of 
startup, shutdown, and malfunction during which deviations occurred.
    (i) The beginning and ending dates of each compliance period, during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Sec. 63.4090.
    (ii) The calculations used to determine the organic HAP emission 
rate for each compliance period in which a deviation occurred. You must 
provide the calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used during the 
compliance period, using Equations 1, 1A through 1C, and 2 of Sec. 
63.4151 and, if applicable, the calculation used to determine the mass 
of organic HAP in waste materials according to Sec. 63.4151(e)(4); the 
calculation of

[[Page 804]]

the total volume of coating solids used during the compliance period, 
using Equation 2 of Sec. 63.4151; the calculation of the mass of 
organic HAP emission reduction during the compliance period by emission 
capture systems and add-on control devices, using Equations 1, 1A 
through 1C, 2, 3, and 3A through 3C of Sec. 63.4161; and the 
calculation of the organic HAP emission rate, using Equation 4 of Sec. 
63.4161. You do not need to submit the background data supporting these 
calculations, for example, information provided by materials suppliers 
or manufacturers or test reports.
    (iii) The date and time that each malfunction started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (vii) The date, time, and duration that each CPMS was out-of-
control, including the information in Sec. 63.8(c)(8).
    (viii) The date and time period of each deviation from an operating 
limit in Table 1 to this subpart; date and time period of any bypass of 
the add-on control device; and whether each deviation occurred during a 
period of startup, shutdown, or malfunction or during another period.
    (ix) A summary of the total duration of each deviation from an 
operating limit in Table 1 to this subpart and bypass of the add-on 
control device during the semiannual reporting period and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) A breakdown of the total duration of the deviations from the 
operating limits in Table 1 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as a 
percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xiii) For each deviation from the work practice standards, a 
description of the deviation, the date and time period of the deviation, 
and the actions you took to correct the deviation.
    (xiv) A statement of the cause of each deviation.
    (2) On and after September 12, 2019, the information in paragraphs 
(g)(2)(i) through (xii), (xiv), and (xv) of this section if there was a 
deviation from the applicable emission limit in Sec. 63.4090 or the 
applicable operating limit(s) in Table 1 to this subpart (including any 
periods when emissions bypassed the add-on control device and were 
diverted to the atmosphere) and the information in paragraph 
(g)(2)(xiii) of this section if there was a deviation from the work 
practice standards in Sec. 63.4093(b).
    (i) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Sec. 63.4090.
    (ii) The calculations used to determine the organic HAP emission 
rate for each compliance period in which a deviation occurred. You must 
provide the calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used during the 
compliance period, using Equations 1, 1A through 1C, and 2 of Sec. 
63.4151 and, if applicable, the calculation used to determine the mass 
of organic HAP in waste materials according to Sec. 63.4151(e)(4); the 
calculation of the total volume of coating solids used during the 
compliance period, using Equation 2 of Sec. 63.4151; the calculation of 
the mass of organic HAP emission reduction during the compliance period 
by emission capture systems and add-on control devices, using Equations 
1, 1A through 1C, 2, 3, and 3A through 3C of Sec. 63.4161; and the 
calculation of the organic HAP emission rate, using Equation 4 of Sec. 
63.4161. You do not need to submit the background data supporting these 
calculations, for example, information provided by materials

[[Page 805]]

suppliers or manufacturers or test reports.
    (iii) The date and time that each malfunction of the capture system 
or add-on control devices started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) For each instance that the CPMS was inoperative, except for 
zero (low-level) and high-level checks, the date, time, and duration 
that the CPMS was inoperative; the cause (including unknown cause) for 
the CPMS being inoperative; and descriptions of corrective actions 
taken.
    (vii) For each instance that the CPMS was out-of-control, as 
specified in Sec. 63.8(c)(7), the date, time, and duration that the 
CPMS was out-of-control; the cause (including unknown cause) for the 
CPMS being out-of-control; and descriptions of corrective actions taken.
    (viii) The date, time, and duration of each deviation from an 
operating limit in Table 1 to this subpart; and the date, time, and 
duration of any bypass of the add-on control device.
    (ix) A summary of the total duration of each deviation from an 
operating limit in Table 1 to this subpart and bypass of the add-on 
control device during the semiannual reporting period and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) A breakdown of the total duration of the deviations from the 
operating limits in Table 1 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to control equipment problems, process problems, other known 
causes, and other unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as a 
percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xiii) For deviations from the work practice standards in Sec. 
63.4093(b), the number of deviations and, for each deviation:
    (A) A description of the deviation; the date, time, and duration of 
the deviation; and the actions you took to minimize emissions in 
accordance with Sec. 63.4100(b).
    (B) The description required in paragraph (g)(2)(xiii)(A) of this 
section must include a list of the affected sources or equipment for 
which a deviation occurred and the cause of the deviation (including 
unknown cause, if applicable).
    (xiv) For deviations from an emission limit in Sec. 63.4090 or 
operating limit in Table 1 to this subpart, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (xv) For each deviation from an emission limit in Sec. 63.4090 or 
operating limit in Table 1 to this subpart, a list of the affected 
sources or equipment for which a deviation occurred, an estimate of the 
quantity of each regulated pollutant emitted over any emission limit in 
Sec. 63.4090, and a description of the method used to estimate the 
emissions.
    (h) If you use the emission rate with add-on controls option, you 
must submit reports of performance test results for emission capture 
systems and add-on control devices no later than 60 days after 
completing the tests as specified in Sec. 63.10(d)(2).
    (i) [Reserved]
    (j) Before September 12, 2019, if you use the emission rate with 
add-on controls option and you have a startup, shutdown, or malfunction 
during the semiannual reporting period, you must submit the reports 
specified in paragraphs (j)(1) and (2) of this section. The reports 
specified in paragraphs (j)(1) and (2) of this section are not required 
on and after September 12, 2019.
    (1) If your actions were consistent with your startup, shutdown, and 
malfunction plan (SSMP), you must include the information specified in 
Sec. 63.10(d)(5) in the semiannual compliance report required by 
paragraph (a) of this section.
    (2) If your actions were not consistent with your SSMP, you must 
submit an immediate startup, shutdown,

[[Page 806]]

and malfunction report as described in paragraphs (j)(2)(i) and (ii) of 
this section.
    (i) You must describe the actions taken during the event in a report 
delivered by facsimile (fax), telephone, or other means to the 
Administrator within 2 working days after starting actions that are 
inconsistent with the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec. 
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec. 63.10(d)(5)(ii).

[67 FR 48262, July 23, 2002, as amended at 84 FR 9611, Mar. 15, 2019]



Sec. 63.4121  What are my electronic reporting requirements?

    (a) Beginning no later than June 13, 2019, you must submit the 
results of the performance test required in Sec. 63.4120(h) following 
the procedure specified in paragraphs (a)(1) through (3) 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). The CEDRI interface 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.
    (2) For 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, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec. 63.13, unless 
the Administrator agrees to or specifies an alternate reporting method.
    (3) If you claim that some of the performance test information being 
submitted under paragraph (a)(1) of this section 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 medium to the EPA. The 
electronic medium must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via the 
EPA's CDX as described in paragraph (a)(1) of this section.
    (b) Beginning on March 15, 2021, the owner or operator shall submit 
the initial notifications required in Sec. 63.9(b) and the notification 
of compliance status required in Sec. 63.9(h) and Sec. 63.4110(a)(2) 
and (b) to the EPA via CEDRI. The CEDRI can be accessed through the 
EPA's CDX (https://cdx.epa.gov). The owner or operator must upload to 
CEDRI an electronic copy of each applicable notification in portable 
document format (PDF). The applicable notification must be submitted by 
the deadline specified in this subpart, regardless of the method in 
which the reports are submitted. Owners or operators who claim that some 
of the information required to be submitted via CEDRI is CBI shall 
submit a complete report generated using the appropriate form in CEDRI 
or an alternate electronic file consistent with the XML schema listed on 
the EPA's CEDRI website, including information claimed to be CBI, on a 
compact disc, flash drive, or other commonly used electronic storage 
medium to the EPA. The electronic medium shall be clearly marked as CBI 
and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same file with the CBI omitted shall be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph.

[[Page 807]]

    (c) Beginning on March 15, 2021, or once the reporting template has 
been available on the CEDRI website for 1 year, whichever date is later, 
the owner or operator shall submit the semiannual compliance report 
required in Sec. 63.4120 to the EPA via CEDRI. The CEDRI interface can 
be accessed through the EPA's CDX (https://cdx.epa.gov). The owner or 
operator must use the appropriate electronic template on the CEDRI 
website for this subpart or an alternate electronic file format 
consistent with the XML schema listed on the CEDRI website (https://
www.epa.gov/electronic- reporting-air-emissions/compliance- and-
emissions-data-reporting- interface-cedri). The date report templates 
become available will be listed on the CEDRI website. If the reporting 
form for the semiannual compliance report 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 addresses 
listed in Sec. 63.13. Once the form has been available in CEDRI for 1 
year, you must begin submitting all subsequent reports via CEDRI. The 
reports must be submitted by the deadlines specified in this subpart, 
regardless of the method in which the reports are submitted. Owners or 
operators who claim that some of the information required to be 
submitted via CEDRI is CBI shall submit a complete report generated 
using the appropriate form in CEDRI or an alternate electronic file 
consistent with XML schema listed on the EPA's CEDRI website, including 
information claimed to be CBI, on a compact disc, flash drive, or other 
commonly used electronic storage medium to the EPA. The electronic 
medium shall be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE 
CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-
02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI 
omitted shall be submitted to the EPA via the EPA's CDX as described 
earlier in this paragraph.
    (d) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, and due to a planned or actual outage of either 
the EPA's CEDRI or CDX systems within the period of time beginning 5 
business days prior to the date that the submission is due, you will be 
or are precluded from accessing CEDRI or CDX and submitting a required 
report within the time prescribed, you may assert a claim of EPA system 
outage for failure to timely comply with the reporting requirement. You 
must submit notification to the Administrator in writing as soon as 
possible following the date you first knew, or through due diligence 
should have known, that the event may cause or caused a delay in 
reporting. You must provide to the Administrator a written description 
identifying the date, time and length of the outage; a rationale for 
attributing the delay in reporting beyond the regulatory deadline to the 
EPA system outage; describe the measures taken or to be taken to 
minimize the delay in reporting; and identify a date by which you 
propose to report, or if you have already met the reporting requirement 
at the time of the notification, the date you reported. In any 
circumstance, the report must be submitted electronically as soon as 
possible after the outage is resolved. The decision to accept the claim 
of EPA system outage and allow an extension to the reporting deadline is 
solely within the discretion of the Administrator.
    (e) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX and a force majeure event is about to occur, 
occurs, or has occurred or there are lingering effects from such an 
event within the period of time beginning 5 business days prior to the 
date the submission is due, the owner or operator may assert a claim of 
force majeure for failure to timely comply with the reporting 
requirement. For the purposes of this section, a force majeure event is 
defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents you from 
complying with the requirement to submit a report electronically within 
the time period prescribed. Examples of such events are acts of nature 
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or 
equipment failure or safety hazard beyond the control of

[[Page 808]]

the affected facility (e.g., large scale power outage). If you intend to 
assert a claim of force majeure, you must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or caused a delay in reporting. You must provide to the 
Administrator a written description of the force majeure event and a 
rationale for attributing the delay in reporting beyond the regulatory 
deadline to the force majeure event; describe the measures taken or to 
be taken to minimize the delay in reporting; and identify a date by 
which you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the reporting must occur as soon as possible after the 
force majeure event occurs. The decision to accept the claim of force 
majeure and allow an extension to the reporting deadline is solely 
within the discretion of the Administrator.

[84 FR 9613, Mar. 15, 2019]



Sec. 63.4130  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart and the documentation supporting each 
notification and report.
    (b) A current copy of information provided by materials suppliers or 
manufacturers such as manufacturer's formulation data or test data used 
to determine the mass fraction of organic HAP and density for each 
coating, thinner, and cleaning material and the volume fraction of 
coating solids for each coating. If you conducted testing to determine 
mass fraction of organic HAP, density, or volume fraction of coating 
solids, you must keep a copy of the complete test report. If you use 
information provided to you by the manufacturer or supplier of the 
material that was based on testing, you must keep the summary sheet of 
results provided to you by the manufacturer or supplier. You are not 
required to obtain the test report or other supporting documentation 
from the manufacturer or supplier.
    (c) For each compliance period, a record of the time periods 
(beginning and ending dates and times) and the coating operations at 
which each compliance option was used and a record of all determinations 
of kg organic HAP per liter of coating solids for the compliance 
option(s) you used, as specified in paragraphs (c)(1) through (3) of 
this section.
    (1) For the compliant material option, a record of the determination 
of the organic HAP content for each coating, according to Sec. 
63.4141(d).
    (2) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coatings, thinners, and cleaning materials used each month, using 
Equations 1 and 1A through 1C of Sec. 63.4151 and, if applicable, the 
calculations used to determine the mass of organic HAP in waste 
materials according to Sec. 63.4151(e)(4); the calculation of the total 
volume of coating solids used each month, using Equation 2 of Sec. 
63.4151; and the calculation of the organic HAP emission rate, using 
Equation 3 of Sec. 63.4151.
    (3) For the emission rate with add-on controls option, a record of 
the calculation of the total mass of organic HAP emissions for the 
coatings, thinners, and cleaning materials used each month, using 
Equations 1 and 1A through 1C of Sec. 63.4151 and, if applicable, the 
calculation used to determine mass of organic HAP in waste materials 
according to Sec. 63.4151(e)(4); the calculation of the total volume of 
coating solids used each month, using Equation 2 of Sec. 63.4151; the 
calculation of the mass of organic HAP emission reduction by emission 
capture systems and add-on control devices, using Equations 1, 1A 
through 1C, 2, 3, and 3A through 3C of Sec. 63.4161, as applicable; and 
the calculation of the organic HAP emission rate, using Equation 4 of 
Sec. 63.4161.
    (d) A record of the name and volume of each coating, thinner, and 
cleaning material used during each compliance period.
    (e) A record of the mass fraction of organic HAP for each coating, 
thinner,

[[Page 809]]

and cleaning material used during each compliance period.
    (f) A record of the volume fraction of coating solids for each 
coating used during each compliance period except for zero-HAP coatings 
for which volume solids determination is not required as allowed in 
Sec. 63.4141.
    (g) A record of the density for each coating used during each 
compliance period except for zero-HAP coatings for which volume solids 
determination is not required as allowed in Sec. 63.4141 and, if you 
use either the emission rate without add-on controls or the emission 
rate with add-on controls compliance option, a record of the density for 
each thinner and cleaning material used during each compliance period.
    (h) If you use an allowance in Equation 1 of Sec. 63.4151 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) according 
to Sec. 63.4151(e)(4), you must keep records of the information 
specified in paragraphs (h)(1) through (3) of this section.
    (1) The name and address of each TSDF to which you sent waste 
materials for which you use an allowance in Equation 1 of Sec. 63.4151, 
a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 
apply to the facility, and the date of each shipment.
    (2) Identification of the coating operations producing waste 
materials included in each shipment and the month or months in which you 
used the allowance for these materials in Equation 1 of Sec. 63.4151.
    (3) The methodology used in accordance with Sec. 63.4151(e)(4) to 
determine the total amount of waste materials sent to or the amount 
collected, stored, and designated for transport to a TSDF each month; 
and the methodology to determine the mass of organic HAP contained in 
these waste materials. This must include the sources for all data used 
in the determination, methods used to generate the data, frequency of 
testing or monitoring, and supporting calculations and documentation, 
including the waste manifest for each shipment.
    (i) [Reserved]
    (j) Before September 12, 2019, you must keep records of the date, 
time, and duration of each deviation. On and after September 12, 2019, 
for each deviation from an emission limitation reported under Sec. 
63.4120(d), (e), and (g), a record of the information specified in 
paragraphs (j)(1) through (4) of this section, as applicable.
    (1) The date, time, and duration of the deviation, as reported under 
Sec. 63.4120(d), (e), and (g).
    (2) A list of the affected sources or equipment for which the 
deviation occurred and the cause of the deviation, as reported under 
Sec. 63.4120(d), (e), and (g).
    (3) An estimate of the quantity of each regulated pollutant emitted 
over any applicable emission limit in Sec. 63.4090 or any applicable 
operating limit in Table 1 to this subpart, and a description of the 
method used to calculate the estimate, as reported under Sec. 
63.4120(d), (e), and (g).
    (4) A record of actions taken to minimize emissions in accordance 
with Sec. 63.4100(b) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (k) If you use the emission rate with add-on controls option, you 
must also keep the records specified in paragraphs (k)(1) through (8) of 
this section.
    (1) Before September 12, 2019, for each deviation, a record of 
whether the deviation occurred during a period of startup, shutdown, or 
malfunction. The record in this paragraph (k)(1) is not required on and 
after September 12, 2019.
    (2) Before September 12, 2019, the records in Sec. 63.6(e)(3)(iii) 
through (v) related to startup, shutdown, and malfunction. The records 
in this paragraph (k)(2) are not required on and after September 12, 
2019.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 1 to this subpart that applies to 
you.
    (4) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec. 63.4165(a).

[[Page 810]]

    (5) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec. 63.4164 and 63.4165(b) through (e) 
including the records specified in paragraphs (k)(5)(i) through (iii) of 
this section that apply to you.
    (i) Records for a liquid-to-uncaptured-gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH) as measured by Method 204A or F of 
appendix M to 40 CFR part 51 for each material used in the coating 
operation, and the total TVH for all materials used during each capture 
efficiency test run, including a copy of the test report. Records of the 
mass of TVH emissions not captured by the capture system that exited the 
temporary total enclosure or building enclosure during each capture 
efficiency test run, as measured by Method 204D or E of appendix M to 40 
CFR part 51, including a copy of the test report. Records documenting 
that the enclosure used for the capture efficiency test met the criteria 
in Method 204 of appendix M to 40 CFR part 51 for either a temporary 
total enclosure or a building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or C 
of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run, as measured by Method 204D or E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (iii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec. 63.4165(e), if applicable.
    (6) The records specified in paragraphs (k)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec. 63.4166.
    (i) Records of each add-on control device performance test conducted 
according to Sec. Sec. 63.4164 and 63.4166.
    (ii) Records of the coating operation conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as specified 
in Sec. 63.4167 and to document compliance with the operating limits as 
specified in Table 1 of this subpart.
    (8) A record of the work practice plan required by Sec. 63.4093, 
and documentation that you are implementing the plan on a continuous 
basis.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9614, Mar. 15, 2019]



Sec. 63.4131  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). Where 
appropriate, the records may be maintained as electronic spreadsheets or 
as a data base. Any records required to be maintained by this subpart 
that are in reports that were 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.
    (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

[[Page 811]]

may keep the records off site for the remaining 3 years.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9615, Mar. 15, 2019]

        Compliance Requirements for the Compliant Material Option



Sec. 63.4140  By what date must I conduct the initial compliance demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements in Sec. 
63.4141. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4083 and ends on the last day of 
the first full month after the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
month. The initial compliance demonstration includes the determination 
according to Sec. 63.4141 and supporting documentation showing that, 
during the initial compliance period, you used no coating with an 
organic HAP content that exceeded the applicable emission limit in Sec. 
63.4090, and that you used no thinners or cleaning materials that 
contained organic HAP.



Sec. 63.4141  How do I demonstrate initial compliance with the emission limitations?

    You may use the compliant material option for any individual coating 
operation, for any group of coating operations in the affected source, 
or for all the coating operations in the affected source. You must use 
either the emission rate without add-on controls option or the emission 
rate with add-on controls option for any coating operation(s) in the 
affected source for which you do not use this option. To demonstrate 
initial compliance using the compliant material option, the coating 
operation or group of coating operations must use no coating with an 
organic HAP content that exceeds the applicable emission limit in Sec. 
63.4090 and must use no thinner or cleaning material that contains 
organic HAP, as determined according to this section during the initial 
compliance period. Any coating operation(s) for which you use the 
compliant material option is not required to meet the operating limits 
or work practice standards required in Sec. Sec. 63.4092 and 63.4093, 
respectively. To demonstrate initial compliance with the emission 
limitations using the compliant material option, you must meet all the 
requirements of this section for the coating operation(s) using this 
option. Use the procedures in this section on each coating, thinner, and 
cleaning material in the condition it is in when it is received from its 
manufacturer or supplier and prior to any alteration. You do not need to 
redetermine the HAP content of coatings, thinners, or cleaning materials 
that have been reclaimed onsite and reused in the coating operation(s) 
for which you use the compliant material option, provided these 
materials in their condition as received were demonstrated to comply 
with the compliant material option. If the mass fraction of organic HAP 
of a coating equals zero, determined according to paragraph (a) of this 
section, and you use the compliant material option, you are not required 
to comply with paragraphs (b) and (c) of this section for that coating.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating, thinner, and cleaning material used during the compliance 
period by using one of the options in paragraphs (a)(1) through (5) of 
this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the procedures 
specified in paragraphs (a)(1)(i) and (ii) of this section when 
performing a Method 311 test.
    (i) Count each organic HAP in Table 5 to this subpart that is 
measured to be present at 0.1 percent by mass or more and at 1.0 percent 
by mass or more for other organic HAP compounds. For example, if toluene 
(not listed in Table 5 to this subpart) is measured to be 0.5 percent of 
the material by mass, you do not have to count it. Express the mass 
fraction of each organic HAP you count as a value truncated to four 
places after the decimal point (for example, 0.3791).

[[Page 812]]

    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (for 
example, 0.763).
    (2) Method 24 in appendix A-7 of part 60. For coatings, you may use 
Method 24 to determine the mass fraction of nonaqueous volatile matter 
and use that value as a substitute for mass fraction of organic HAP. As 
an alternative to using Method 24, you may use ASTM D2369-10 (R2015), 
``Test Method for Volatile Content of Coatings'' (incorporated by 
reference, see Sec. 63.14).
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec. 63.7(f) to submit an 
alternative test method for approval.
    (4) 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) through (3) of this section, such 
as manufacturer's formulation data if they represent each organic HAP in 
Table 5 to this subpart that is present at 0.1 percent by mass or more 
and at 1.0 percent by mass or more for other organic HAP compounds. For 
example, if toluene (not listed in Table 5 to this subpart) is 0.5 
percent of the material by mass, you do not have to count it. If there 
is a disagreement between such information and results of a test 
conducted according to paragraphs (a)(1) through (3) of this section, 
then the test method results will take precedence.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for mass fraction of organic HAP in these 
solvent blends listed in Table 3 or 4 of this subpart. If you use the 
tables, you must use the values in Table 3 for all solvent blends that 
match Table 3 entries, and you may only use Table 4 if the solvent 
blends in the materials you use do not match any of the solvent blends 
in Table 3, and you only know whether the blend is aliphatic or 
aromatic. However, if the results of a Method 311 test indicate higher 
values than those listed on Table 3 or 4 of this subpart, the Method 311 
results will take precedence.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters of coating solids per liter of coating) for each coating used 
during the compliance period by a test, by information provided by the 
supplier or the manufacturer of the material, or by calculation as 
specified in paragraphs (b)(1) through (3) of this section.
    (1) ASTM D2697-03 (R2014) or D6093-97 (R2016). You may use ASTM 
D2697-03 (R2014), ``Standard Test Method for Volume Nonvolatile Matter 
in Clear or Pigmented Coatings,'' or D6093-97 (R2016), ``Standard Test 
Method for Percent Volume Nonvolatile Matter in Clear or Pigmented 
Coatings Using a Helium Gas Pycnometer'' (incorporated by reference, see 
Sec. 63.14) to determine the volume fraction of coating solids for each 
coating. Divide the nonvolatile volume percent obtained with the methods 
by 100 to calculate volume fraction of coating solids.
    (2) Information from the supplier or manufacturer of the material. 
You may obtain the volume fraction of coating solids for each coating 
from the supplier or manufacturer.
    (3) Calculation of volume fraction of coating solids. If the volume 
fraction of coating solids cannot be determined using the options in 
paragraphs (b)(1) and (2) of this section, you must determine it using 
Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.018

Where:

Vs = volume fraction of coating solids, liters coating solids 
          per liter coating.
mvolatiles = total volatile matter content of the coating, 
          including HAP, volatile organic compounds (VOC), water, and 
          exempt compounds, determined according to Method 24 in 
          appendix A-7 of part 60, or according to ASTM D2369-10 (R2015)

[[Page 813]]

          Standard Test Method for Volatile Content of Coatings 
          (incorporated by reference, see Sec. 63.14), grams volatile 
          matter per liter coating.
Davg = average density of volatile matter in the coating, 
          grams volatile matter per liter volatile matter, determined 
          from test results using ASTM D1475-13, ``Standard Test Method 
          for Density of Liquid Coatings, Inks, and Related Products,'' 
          ASTM D2111-10 (R2015), ``Standard Test Methods for Specific 
          Gravity of Halogenated Organic Solvents and Their Admixtures'' 
          (both incorporated by reference, see Sec. 63.14); if you use 
          this method, the specific gravity must be corrected to a 
          standard temperature, information from the supplier or 
          manufacturer of the material, or reference sources providing 
          density or specific gravity data for pure materials. If there 
          is disagreement between ASTM D1475-13 or ASTM D2111-10 (R2015) 
          test results and other information sources, the test results 
          will take precedence.

    (c) Determine the density of each coating. Determine the density of 
each coating used during the compliance period from test results using 
ASTM D1475-13, ``Standard Test Method for Density of Liquid Coatings, 
Inks, and Related Products, ASTM D2111-10 (R2015), ``Standard Test 
Methods for Specific Gravity of Halogenated Organic Solvents and Their 
Admixtures''(both incorporated by reference, see Sec. 63.14); if you 
use this method, the specific gravity must be corrected to a standard 
temperature, information from the supplier or manufacturer of the 
material, or reference sources providing density or specific gravity 
data for pure materials. If there is disagreement between test results 
from ASTM D1475-13 or ASTM D2111-10 (R2015) and the supplier's or 
manufacturer's information, the test results will take precedence.
    (d) Determine the organic HAP content of each coating. Determine the 
organic HAP content, kg organic HAP per liter coating solids, of each 
coating used during the compliance period, using Equation 2 of this 
section, except that if the mass fraction of organic HAP equals zero, 
then the organic HAP content also equals zero and you are not required 
to use Equation 2 to calculate the organic HAP content:
[GRAPHIC] [TIFF OMITTED] TR23JY02.019

Where:

Hc = organic HAP content of the coating, kg organic HAP per 
          liter coating solids.
Dc = density of coating, kg coating per liter coating, 
          determined according to paragraph (c) of this section.
Wc = mass fraction of organic HAP in the coating, kg organic 
          HAP per kg coating, determined according to paragraph (a) of 
          this section.
Vs = volume fraction of coating solids, liters coating solids 
          per liter coating, determined according to paragraph (b) of 
          this section.

    (e) The organic HAP content for each coating used during the initial 
compliance period must be less than or equal to the applicable emission 
limit in Sec. 63.4090; and each thinner and cleaning material used 
during the initial compliance period must contain no organic HAP, 
determined according to paragraph (a) of this section. You must keep all 
records required by Sec. Sec. 63.4130 and 63.4131. As part of the 
Notification of Compliance Status required in Sec. 63.4110, you must 
identify the coating operation(s) for which you used the compliant 
material option and submit a statement that the coating operation(s) was 
(were) in compliance with the emission limitations during the initial 
compliance period because you used no coatings for which the organic HAP 
content exceeds the applicable emission limit in Sec. 63.4090, and you 
used no thinners or cleaning materials that contain organic HAP, 
determined according to paragraph (a) of this section.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9615, Mar. 15, 2019]



Sec. 63.4142  How do I demonstrate continuous compliance with
the emission limitations?

    (a) For each compliance period, to demonstrate continuous 
compliance, you must use no coating for which the organic HAP content, 
determined according to Sec. 63.4141(d), exceeds the applicable 
emission limit in Sec. 63.4090, and use no thinner or cleaning material 
that contains organic HAP, determined according to Sec. 63.4141(a). 
Each month following the initial compliance period described in Sec. 
63.4140 is a compliance period.

[[Page 814]]

    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the use of any coating, thinner, or 
cleaning material that does not meet the criteria specified in paragraph 
(a) of this section is a deviation from the emission limitations that 
must be reported as specified in Sec. Sec. 63.4110(b)(6) and 
63.4120(d).
    (c) As part of each semiannual compliance report required by Sec. 
63.4120, you must submit a statement that you were in compliance with 
the emission limitations during the reporting period because, during the 
compliance period, you used no thinners or cleaning materials that 
contained organic HAP, and you used no coatings for which the organic 
HAP content exceeded the applicable emission limit in Sec. 63.4090.
    (d) You must maintain records as specified in Sec. Sec. 63.4130 and 
63.4131.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9616, Mar. 15, 2019]

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option



Sec. 63.4150  By what date must I conduct the initial compliance
demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.4151. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4083 and ends on the last day of 
the first full month after the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
month. The initial compliance demonstration includes the calculations 
according to Sec. 63.4151 and supporting documentation showing that the 
organic HAP emission rate for the initial compliance period was equal to 
or less than the applicable emission limit in Sec. 63.4090.



Sec. 63.4151  How do I demonstrate initial compliance with the
emission limitations?

    You may use the emission rate without add-on controls option for any 
individual coating operation, for any group of coating operations in the 
affected source, or for all of the coating operations in the affected 
source. You must use either the compliant material option or the 
emission rate with add-on controls option for any coating operation(s) 
in the affected source for which you do not use this option. To 
demonstrate initial compliance using the emission rate without add-on 
controls option, the coating operation(s) must meet the applicable 
emission limit in Sec. 63.4090 but not the operating limits or work 
practice standards in Sec. Sec. 63.4092 and 63.4093, respectively, 
during the initial compliance period. You must meet all of the 
requirements of this section to demonstrate initial compliance with the 
applicable emission limit in Sec. 63.4090 for the coating operation(s). 
When calculating the organic HAP emission rate according to this 
section, do not include any coatings, thinners, or cleaning materials 
used on coating operations for which you use the compliant material 
option or the emission rate with add-on controls option. You do not need 
to redetermine the mass of organic HAP in coatings, thinners, or 
cleaning materials that have been reclaimed onsite and reused in the 
coating operation(s) for which you use the emission rate without add-on 
controls option.
    (a) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each coating, thinner, 
and cleaning material used during the compliance period according to the 
requirements in Sec. 63.4141(a).
    (b) Determine the volume fraction of coating solids for each 
coating. Determine the volume fraction of coating solids for each 
coating used during the compliance period according to the requirements 
in Sec. 63.4141(b).
    (c) Determine the density of each material. Determine the density of 
each coating, thinner, and cleaning material used during the compliance 
period according to the requirements in Sec. 63.4141(c).
    (d) Determine the volume of each material used during the compliance 
period. Determine the volume (liters) of each coating, thinner, and 
cleaning material used during the compliance period by measurement or 
usage records.

[[Page 815]]

    (e) Calculate the mass of organic HAP emissions during the 
compliance period. The mass of organic HAP emissions is the combined 
mass of organic HAP contained in all coatings, thinners, and cleaning 
materials used during the compliance period minus the organic HAP in 
certain waste materials. Calculate it using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR23JY02.000

Where:

He = total mass of organic HAP emissions during the 
          compliance period, kg.
A = total mass of organic HAP in the coatings used during the compliance 
          period, kg, as calculated in Equation 1A of this section.
B = total mass of organic HAP in the thinners used during the compliance 
          period, kg, as calculated in Equation 1B of this section.
C = total mass of organic HAP in the cleaning materials used during the 
          compliance period, kg, as calculated in Equation 1C of this 
          section.
Rw = total mass of organic HAP in waste materials sent or 
          designated for shipment to a hazardous waste TSDF for 
          treatment or disposal during the compliance period, kg, 
          determined according to paragraph (e)(4) of this section. (You 
          may assign a value of zero to Rw if you do not wish 
          to use this allowance.)

    (1) Calculate the kg organic HAP in the coatings used during the 
compliance period, using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.001

Where:

A = total mass of organic HAP in the coatings used during the compliance 
          period, kg.
Volc,i = total volume of coating, i, used during the 
          compliance period, liters.
Dc,i = density of coating, i, kg coating per liter coating.
Wc,i = mass fraction of organic HAP in coating, i, kg organic 
          HAP per kg coating.
m = number of different coatings used during the compliance period.

    (2) Calculate the kg of organic HAP in the thinners used during the 
compliance period, using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.002

Where:

B = total mass or organic HAP in the thinners used during the compliance 
          period, kg.
Volt,j = total volume of thinner, j, used during the 
          compliance period, liters.
Dt,j = density of thinner, j, kg thinner per liter thinner.
Wt,j = mass fraction of organic HAP in thinner, j, kg organic 
          HAP per kg thinner.
n = number of different thinners used during the compliance period.

    (3) Calculate the kg organic HAP in the cleaning materials used 
during the compliance period, using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.003

Where:

C = total mass of organic HAP in the cleaning materials used during the 
          compliance period, kg.
Vols,k = total volume of cleaning material, k, used during 
          the compliance period, liters.
Ds,k = density of cleaning material, k, kg cleaning material 
          per liter cleaning material.
Ws,k = mass fraction of organic HAP in cleaning material, k, 
          kg organic HAP per kg material.
p = number of different cleaning materials used during the compliance 
          period.

    (4) Determine the mass of organic HAP contained in waste materials 
sent to a TSDF. If you choose to account for the mass of organic HAP 
contained in waste materials sent or designated for shipment to a 
hazardous waste TSDF in the calculation of the mass of organic HAP 
emissions (Equation 1 of this section), then you must determine it 
according to paragraphs (e)(4)(i) through (v) of this section.
    (i) You may include in the determination of organic HAP in waste 
materials only the waste materials that are generated by coating 
operations for which you use Equation 1 of this section and that will be 
treated or disposed of by a facility that is regulated as a TSDF under 
40 CFR part 262, 264, 265, or 266. The TSDF may be either off-site or 
on-site. You may not include

[[Page 816]]

in the determination the organic HAP contained in wastewater.
    (ii) You must determine either the amount of waste materials sent to 
a TSDF during the compliance period or the amount collected and stored 
during the compliance period and designated for future transport to a 
TSDF. Do not include in your determination any waste materials sent to a 
TSDF during a compliance period if you have already included them in the 
amount collected and stored during that compliance period or a previous 
compliance period.
    (iii) Determine the total mass of organic HAP contained in the waste 
materials specified in paragraph (e)(4)(ii) of this section.
    (iv) You must document your methodology to determine the amount of 
waste materials and the total mass of organic HAP they contain, as 
required in Sec. 63.4130(h).
    (v) To the extent that waste manifests include this information, 
they may be used as part of the documentation of the amount of waste 
materials and mass of organic HAP contained in them.
    (f) Calculate the total volume of coating solids used during the 
compliance period. Determine the total volume of coating solids used, 
liters, which is the combined volume of coating solids for all of the 
coatings used during the compliance period, using Equation 2 of this 
section.
[GRAPHIC] [TIFF OMITTED] TR23JY02.004

Where:

Vst = total volume of coating solids used during the 
          compliance period, liters.
Volc,i = total volume of coating, i, used during the 
          compliance period, liters.
Vs,i = volume fraction of coating solids for coating, i, 
          liters solids per liter coating, determined according to Sec. 
          63.4141(b).
m = number of coatings used during the compliance period.

    (g) Calculate the organic HAP emission rate, kg organic HAP per 
liter coating solids used, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.005

Where:

Havg = organic HAP emission rate for the compliance period, 
          kg organic HAP per liter coating solids.
He = total mass organic HAP emissions from all materials used 
          during the compliance period, kg, as calculated by Equation 1 
          of this section.
Vst = total volume coating solids used during the compliance 
          period, liters, as calculated by Equation 2 of this section.

    (h) The organic HAP emission rate for the initial compliance period 
must be less than or equal to the applicable emission limit in Sec. 
63.4090. You must keep all records as required by Sec. Sec. 63.4130 and 
63.4131. As part of the Notification of Compliance Status required by 
Sec. 63.4110, you must identify the coating operation(s) for which you 
used the emission rate without add-on controls option and, if there were 
no deviations from the emission limitations, submit a statement that the 
coating operation(s) was (were) in compliance with the emission 
limitations during the initial compliance period because the organic HAP 
emission rate was less than or equal to the applicable emission limit in 
Sec. 63.4090.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9616, Mar. 15, 2019]



Sec. 63.4152  How do I demonstrate continuous compliance with 
the emission limitations?

    (a) To demonstrate continuous compliance, for the compliance period, 
the organic HAP emission rate determined according to Sec. 63.4151(a) 
through (g) must be less than or equal to the applicable emission limit 
in Sec. 63.4090. Each month following the initial compliance period 
described in Sec. 63.4150 is a compliance period.
    (b) If the organic HAP emission rate for any compliance period 
exceeded the applicable emission limit in Sec. 63.4090, this is a 
deviation from the emission limitations for that compliance period and 
must be reported as specified in Sec. Sec. 63.4110(b)(6) and 
63.4120(e).
    (c) As part of each semiannual compliance report required by Sec. 
63.4120, if there were no deviations from the emission limitations, you 
must submit

[[Page 817]]

a statement that you were in compliance with the emission limitations 
during the reporting period because, during the compliance period, the 
organic HAP emission rate was less than or equal to the applicable 
emission limit in Sec. 63.4090.
    (d) You must maintain records as specified in Sec. Sec. 63.4130 and 
63.4131.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9616, Mar. 15, 2019]

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option



Sec. 63.4160  By what date must I conduct initial performance tests and other initial compliance demonstrations?

    (a) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (a)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
you use to demonstrate compliance must be installed and operating no 
later than the applicable compliance date specified in Sec. 63.4083. 
Except for solvent recovery systems for which you conduct liquid-liquid 
material balances according to Sec. 63.4161(h), you must conduct a 
performance test of each capture system and add-on control device 
according to the procedures in Sec. Sec. 63.4164, 63.4165, and 63.4166, 
and establish the operating limits required by Sec. 63.4092 no later 
than the compliance date specified in Sec. 63.4083. For a solvent 
recovery system for which you conduct liquid-liquid material balances 
according to Sec. 63.4161(h), you must initiate the first material 
balance no later than the compliance date specified in Sec. 63.4083.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4093 no later than the compliance date specified in 
Sec. 63.4083.
    (3) You must complete the compliance demonstration for the initial 
compliance period according to the requirements of Sec. 63.4161. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4083 and ends on the last day of the first full 
month after the compliance date. If the compliance date occurs on any 
day other than the first day of a month, then the initial compliance 
period extends through the end of that month plus the next month. The 
initial compliance demonstration includes the results of emission 
capture system and add-on control device performance tests conducted 
according to Sec. Sec. 63.4164, 63.4165, and 63.4166; results of 
liquid-liquid material balances conducted according to Sec. 63.4161(h); 
calculations according to Sec. 63.4161 and supporting documentation 
showing that, during the initial compliance period, the organic HAP 
emission rate was equal to or less than the emission limit in Sec. 
63.4090(a); the operating limits established during the performance 
tests and the results of the continuous parameter monitoring required by 
Sec. 63.4168; and documentation of whether you developed and 
implemented the work practice plan required by Sec. 63.4093.
    (b) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (b)(1) through (4) this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
you use to demonstrate compliance must be installed and operating no 
later than the applicable compliance date specified in Sec. 63.4083. 
Except for solvent recovery systems for which you conduct liquid-liquid 
material balances according to Sec. 63.4161(h), you must conduct a 
performance test of each capture system and add-on control device 
according to the procedures in Sec. Sec. 63.4164, 63.4165, and 63.4166, 
and establish the operating limits required by Sec. 63.4092 no later 
than 180 days after the applicable compliance date specified in Sec. 
63.4083. For a solvent recovery system for which you conduct liquid-
liquid material balances according to Sec. 63.4161(h), you must 
initiate the first material balance no later than 180 days after the 
applicable compliance date specified in Sec. 63.4083.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4093 no later than the compliance date specified in 
Sec. 63.4083.
    (3) You must complete the compliance demonstration for the initial 
compliance period according to the requirements of Sec. 63.4161. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4083

[[Page 818]]

and ends on the last day of the first full month after the compliance 
date, or the date you conduct the performance tests of the emission 
capture systems and add-on control devices, or initiate the first 
liquid-liquid material balance for a solvent recovery system; whichever 
is later. The initial compliance demonstration includes the results of 
emission capture system and add-on control device performance tests 
conducted according to Sec. Sec. 63.4164, 63.4165, and 63.4166; results 
of liquid-liquid material balances conducted according to Sec. 
63.4161(h); calculations according to Sec. 63.4161 and supporting 
documentation showing that, during the initial compliance period, the 
organic HAP emission rate was equal to or less than the emission limit 
in Sec. 63.4090(b); the operating limits established during the 
performance tests and the results of the continuous parameter monitoring 
required by Sec. 63.4168; and documentation of whether you developed 
and implemented the work practice plan required by Sec. 63.4093.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec. 
63.4092 until after you have completed the performance tests specified 
in paragraph (b)(1) of this section. Instead, you must maintain a log 
detailing the operation and maintenance of the emission capture system, 
add-on control device, and continuous parameter monitors during the 
period between the compliance date and the performance test. You must 
begin complying with the operating limits for your affected source on 
the date you complete the performance tests specified in paragraph 
(b)(1) of this section. This requirement does not apply to solvent 
recovery systems for which you conduct liquid-liquid material balances 
according to Sec. 63.4161(h).

[67 FR 48262, July 23, 2002, as amended at 84 FR 9616, Mar. 15, 2019]



Sec. 63.4161  How do I demonstrate initial compliance?

    You may use the emission rate with add-on controls option for any 
coating operation, for any group of coating operations in the affected 
source, or for all of the coating operations in the affected source. You 
may include both controlled and uncontrolled coating operations in a 
group for which you use this option. You must use either the compliant 
material option or the emission rate without add-on controls option for 
any coating operation(s) in the affected source for which you do not use 
this option. To demonstrate initial compliance, the coating operation(s) 
for which you use the emission rate with add-on controls option must 
meet the applicable emission limit in Sec. 63.4090 and the work 
practice standards required in Sec. 63.4093; and each controlled 
coating operation must meet the operating limits required in Sec. 
63.4092. You must meet all the requirements of this section to 
demonstrate initial compliance with the emission limitations. When 
calculating the organic HAP emission rate according to this section, do 
not include any coatings, thinners, or cleaning materials used on 
coating operations for which you use the compliant material option or 
the emission rate without add-on controls option. You do not need to 
redetermine the mass of organic HAP in coatings, thinners, or cleaning 
materials that have been reclaimed onsite and reused in the coating 
operation(s) for which you use the emission rate with add-on controls 
option.
    (a) Except as provided in Sec. 63.4160(b)(4) and except for solvent 
recovery systems for which you conduct liquid-liquid material balances 
according to the requirements of Sec. 63.4161(h), you must establish 
and demonstrate continuous compliance during the initial compliance 
period with the operating limits required by Sec. 63.4092, using the 
procedures specified in Sec. Sec. 63.4167 and 63.4168.
    (b) You must develop, implement, and document your implementation of 
the work practice plan required by Sec. 63.4093 during the initial 
compliance period as specified in Sec. 63.4130.
    (c) You must follow the procedures in paragraphs (d) through (l) of 
this section to demonstrate compliance with the applicable emission 
limit in Sec. 63.4090.
    (d) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec. 63.4151(a)

[[Page 819]]

through (d) to determine the mass fraction of organic HAP, density, and 
volume of each coating, thinner, and cleaning material used during the 
compliance period, and the volume fraction of coating solids for each 
coating used during the compliance period.
    (e) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec. 63.4151, calculate the total mass of 
organic HAP emissions before add-on controls from all coatings, 
thinners, and cleaning materials used during the compliance period in 
the coating operation or group of coating operations for which you use 
the emission rate with add-on controls option.
    (f) Calculate the organic HAP emission reduction for each controlled 
coating operation. Determine the mass of organic HAP emissions reduced 
for each controlled coating operation during the compliance period. The 
emissions reduction determination quantifies the total organic HAP 
emissions that pass through the emission capture system and are 
destroyed or removed by the add-on control device. Use the procedures in 
paragraph (g) of this section to calculate the mass of organic HAP 
emissions reduction for each controlled coating operation using an 
emission capture system and add-on control device other than a solvent 
recovery system for which you conduct liquid-liquid material balances. 
For each controlled coating operation using a solvent recovery system 
for which you conduct a liquid-liquid material balance, use the 
procedures in paragraph (h) of this section to calculate the organic HAP 
emissions reduction.
    (g) Calculate the organic HAP emissions reduction for controlled 
coating operations not using liquid-liquid material balance. For each 
controlled coating operation using an emission capture system and add-on 
control device other than a solvent recovery system for which you 
conduct liquid-liquid material balances, calculate organic HAP emissions 
reduction, using Equation 1 of this section, by applying the emission 
capture system efficiency and add-on control device efficiency to the 
mass of organic HAP contained in the coatings, thinners, and cleaning 
materials that are used in the coating operation served by the emission 
capture system and add-on control device during the compliance period. 
For any period of time a deviation specified in Sec. 63.4163(c) or (d) 
occurs in the controlled coating operation, you must assume zero 
efficiency for the emission capture system and add-on control device. 
For the purposes of completing the compliance calculations, you must 
treat the materials used during a deviation on a controlled coating 
operation as if they were used on an uncontrolled coating operation for 
the time period of the deviation. You must not include those materials 
in the calculations of organic HAP emissions reduction in Equation 1 of 
this section.
[GRAPHIC] [TIFF OMITTED] TR15MR19.000


Where:
HC = mass of organic HAP emissions reduction for the 
          controlled coating operation during the compliance period, kg.
AI = total mass of organic HAP in the coatings used in the 
          controlled coating operation, kg, as calculated in Equation 1A 
          of this section.
BI = total mass of organic HAP in the thinners used in the 
          controlled coating operation, kg, as calculated in Equation 1B 
          of this section.
CI = total mass of organic HAP in the cleaning materials used 
          in the controlled coating operation during the compliance 
          period, kg, as calculated in Equation 1C of this section.
CE = capture efficiency of the emission capture system vented to the 
          add-on control device, percent. Use the test methods and 
          procedures specified in Sec. Sec. 63.4164 and 63.4165 to 
          measure and record capture efficiency.
DRE = organic HAP destruction or removal efficiency of the add-on 
          control device, percent. Use the test methods and procedures 
          in Sec. Sec. 63.4164 and 63.4166 to measure

[[Page 820]]

          and record the organic HAP destruction or removal efficiency.

    (1) Calculate the kg of organic HAP in the coatings used in the 
controlled coating operation, using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.007

Where:

AI = mass of organic HAP in the coatings used in the 
          controlled coating operation, kg.
Volc,i = total volume of coating, i, used, liters.
Dc,i = density of coating, i, kg per liter.
Wc,i = mass fraction of organic HAP in coating, i, kg per kg.
m = number of different coatings used.

    (2) Calculate the kg of organic HAP in the thinners used in the 
controlled coating operation, using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.008

Where:

BI = mass of organic HAP in the thinners used in the 
          controlled coating operation, kg.
Volt,j = total volume of thinner, j, used, liters.
Dt,j = density of thinner, j, kg per liter.
Wt,j = mass fraction of organic HAP in thinner, j, kg per kg.
n = number of different thinners used.

    (3) Calculate the kg of organic HAP in the cleaning materials used 
in the controlled coating operation during the compliance period, using 
Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.009

Where:

CI = mass of organic HAP in the cleaning materials used in 
          the controlled coating operation, kg.
Vols,k = total volume of cleaning material, k, used, liters.
Ds,k = density of cleaning material, k, kg per liter.
Ws,k = mass fraction of organic HAP in cleaning material, k, 
          kg per kg.
p = number of different cleaning materials used.

    (h) Calculate the organic HAP emissions reduction for controlled 
coating operations using liquid-liquid material balance. For each 
controlled coating operation using a solvent recovery system for which 
you conduct liquid-liquid material balances, calculate the organic HAP 
emissions reduction by applying the volatile organic matter collection 
and recovery efficiency to the mass of organic HAP contained in the 
coatings, thinners, and cleaning materials that are used in the coating 
operation controlled by the solvent recovery system during the 
compliance period. Perform a liquid-liquid material balance for each 
compliance period as specified in paragraphs (h)(1) through (6) of this 
section. Calculate the mass of organic HAP emission reduction by the 
solvent recovery system as specified in paragraph (h)(7) of this 
section.
    (1) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each compliance period. The 
device must be initially certified by the manufacturer to be accurate to 
within 2.0 percent of the mass of volatile organic 
matter recovered.
    (2) For each solvent recovery system, determine the mass of volatile 
organic matter recovered for the compliance period, kg, based on 
measurement with the device required in paragraph (h)(1) of this 
section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating used in the coating operation controlled by the solvent recovery 
system during the compliance period, kg volatile organic matter per kg 
coating. You may determine the volatile organic matter mass fraction 
using Method 24 in appendix A-7 of part 60, ASTM D2369-10 (R2015), 
``Test Method for Volatile Content of Coatings'' (incorporated by 
reference, see Sec. 63.14), or an EPA approved alternative method. 
Alternatively, you may use information provided by the manufacturer or 
supplier of the coating. In the event of any inconsistency between 
information provided by the manufacturer or supplier and the results of 
Method 24, ASTM D2369-10 (R2015), or an approved

[[Page 821]]

alternative method, the test method results will govern.
    (4) Determine the density of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the compliance period, kg per liter, according to 
Sec. 63.4151(c).
    (5) Measure the volume of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the compliance period, liters.
    (6) Calculate the solvent recovery system's volatile organic matter 
collection and recovery efficiency, using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.010

Where:

RV = volatile organic matter collection and recovery 
          efficiency of the solvent recovery system during the 
          compliance period, percent.
MVR = mass of volatile organic matter recovered by the 
          solvent recovery system during the compliance period, kg.
Voli = volume of coating, i, used in the coating operation 
          controlled by the solvent recovery system during the 
          compliance period, liters.
Di = density of coating, i, kg coating per liter coating.
CVi = mass fraction of volatile organic matter for coating, 
          i, kg volatile organic matter per kg coating.
Volj = volume of thinner, j, used in the coating operation 
          controlled by the solvent recovery system during the 
          compliance period, liters.
Dj = density of thinner, j, kg thinner per liter thinner.
Volk = volume of cleaning material, k, used in the coating 
          operation controlled by the solvent recovery system during the 
          compliance period, liters.
Dk = density of cleaning material, k, kg cleaning material 
          per liter cleaning material
m = number of different coatings used in the coating operation 
          controlled by the solvent recovery system during the 
          compliance period.
n = number of different thinners used in the coating operation 
          controlled by the solvent recovery system during the 
          compliance period.
p = number of different cleaning materials used in the coating operation 
          controlled by the solvent recovery system during the 
          compliance period.

    (7) Calculate the mass of organic HAP emissions reduction for the 
coating operation controlled by the solvent recovery system during the 
compliance period, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.011

Where:

HCSR = mass of organic HAP emissions reduction for the 
          coating operation controlled by the solvent recovery system 
          using a liquid-liquid material balance during the compliance 
          period, kg.
AI = total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system, 
          kg, calculated using Equation 1A of this section.
BI = total mass of organic HAP in the thinners used in the 
          coating operation controlled by the solvent recovery system, 
          kg, calculated using Equation 1B of this section.
CI = total mass of organic HAP in the cleaning materials used 
          in the coating operation controlled by the solvent recovery 
          system, kg, calculated using Equation 1C of this section.
RV = volatile organic matter collection and recovery 
          efficiency of the solvent recovery system, percent, from 
          Equation 2 of this section.

    (i) [Reserved]
    (j) Calculate the total volume of coating solids used. Determine the 
total volume of coating solids used, liters, which is the combined 
volume of coating solids for all the coatings used during the compliance 
period, using Equation 2 of Sec. 63.4151.
    (k) Calculate the organic HAP emission rate. Determine the organic 
HAP emission rate to the atmosphere, kg organic

[[Page 822]]

HAP per liter coating solids used during the compliance period, using 
Equation 4 of this section.
[GRAPHIC] [TIFF OMITTED] TR23JY02.012

Where:

HHAP = organic HAP emission rate to the atmosphere during the 
          compliance period, kg organic HAP per liter coating solids 
          used.
He = total mass of organic HAP emissions before add-on 
          controls from all the coatings, thinners, and cleaning 
          materials used during the compliance period, kg, determined 
          according to paragraph (e) of this section.
HC,i = total mass of organic HAP emissions reduction for 
          controlled coating operation, i, during the compliance period, 
          kg, from Equation 1 of this section.
HCSR,j = total mass of organic HAP emissions reduction for 
          controlled coating operation, j, during the compliance period, 
          kg, from Equation 3 of this section.
Vst = total volume of coating solids used during the 
          compliance period, liters, from Equation 2 of Sec. 63.4151.
q = number of controlled coating operations except those controlled with 
          a solvent recovery system.
r = number of coating operations controlled with a solvent recovery 
          system.

    (l) To demonstrate initial compliance with the emission limit, 
calculated using Equation 4 of this section, must be less than or equal 
to the applicable emission limit in Sec. 63.4090. You must keep all 
records as required by Sec. Sec. 63.4130 and 63.4131. As part of the 
Notification of Compliance Status required by Sec. 63.4110, you must 
identify the coating operation(s) for which you used the emission rate 
with add-on controls option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in Sec. 
63.4090, and you achieved the operating limits required by Sec. 63.4092 
and the work practice standards required by Sec. 63.4093.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9616, Mar. 15, 2019]



Sec. 63.4162  [Reserved]



Sec. 63.4163  How do I conduct periodic performance tests 
and demonstrate continuous compliance with the emission 
limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec. 63.4090, the organic HAP emission rate for each 
compliance period determined according to the procedures in Sec. 
63.4161 must be equal to or less than the applicable emission limit in 
Sec. 63.4090. Each month following the initial compliance period 
described in Sec. 63.4160 is a compliance period.
    (b) If the organic HAP emission rate for any compliance period 
exceeded the applicable emission limit in Sec. 63.4090, this is a 
deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec. 63.4110(b)(6) and 
63.4120(g).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.4092 that applies to you as specified in 
Table 1 to this subpart, and you must conduct periodic performance tests 
as specified in paragraph (c)(3) of this section.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 to this subpart, this is a deviation from the operating limit 
that must be reported as specified in Sec. Sec. 63.4110(b)(6) and 
63.4120(g).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 1 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the

[[Page 823]]

time period of the deviation. For the purposes of completing the 
compliance calculations specified in Sec. 63.4161, you must treat the 
materials used during a deviation on a controlled coating operation as 
if they were used on an uncontrolled coating operation for the time 
period of the deviation. You must not include those materials in the 
calculation of organic HAP emissions reductions in Equation 1 of Sec. 
63.4161.
    (3) Except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec. 63.4161(h), you must 
conduct according to the procedures in Sec. Sec. 63.4164, 63.4165, and 
63.4166 periodic performance tests of each capture system and add-on 
control device used to demonstrate compliance, and you must establish 
the operating limits required by Sec. 63.4092. You must conduct the 
first periodic performance test and establish the operating limits 
required by Sec. 63.4092 before March 15, 2022, 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 40 CFR 
part 71 and have conducted a performance test on or after March 15, 
2017. 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.
    (d) You must meet the requirements for bypass lines in Sec. 
63.4168(b). If any bypass line is opened and emissions are diverted to 
the atmosphere when the coating operation is running, this is a 
deviation that must be reported as specified in Sec. Sec. 63.4110(b)(6) 
and 63.4120(g). For the purposes of completing the compliance 
calculations specified in Sec. 63.4161, you must treat the materials 
used during a deviation on a controlled coating operation as if they 
were used on an uncontrolled coating operation for the time period of 
the deviation. You must not include those materials in the calculation 
of organic HAP emissions reductions in Equation 1 of Sec. 63.4161.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.4093. If you did not develop a work 
practice plan, did not implement the plan, or did not keep the records 
required by Sec. 63.4130(k)(8), this is a deviation from the work 
practice standards that must be reported as specified in Sec. Sec. 
63.4110(b)(6) and 63.4120(g).
    (f) As part of each semiannual compliance report required in Sec. 
63.4120, you must submit a statement that you were in compliance with 
the emission limitations during the reporting period because the organic 
HAP emission rate for each compliance period was less than or equal to 
the applicable emission limit in Sec. 63.4090, and you achieved the 
operating limits required by Sec. 63.4092 and the work practice 
standards required by Sec. 63.4093 during each compliance period.
    (g) [Reseved]
    (h) Before September 12, 2019, consistent with Sec. Sec. 63.6(e) 
and 63.7(e)(1), deviations that occur during a period of startup, 
shutdown, or malfunction of the emission capture system, add-on control 
device, or coating operation that may affect emission capture or control 
device efficiency are not violations if you demonstrate to the 
Administrator's satisfaction that you were operating in accordance with 
Sec. 63.6(e). 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 12, 2019, as specified in Sec. 63.4100(b), at all times, the 
owner or operator must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions, and determination of whether 
a source is operating in compliance with operation and maintenance 
requirements will be based on information available to the 
Administrator.
    (i) [Reserved]
    (j) You must maintain records as specified in Sec. Sec. 63.4130 and 
63.4131.

[67 FR 48262, July 23, 2002, as amended at 71 FR 20465, Apr. 20, 2006; 
84 FR 9617, Mar. 15, 2019]

[[Page 824]]



Sec. 63.4164  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec. 63.4160 
according to the requirements in this section unless you obtain a waiver 
of the performance test according to the provisions in Sec. 63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, or nonoperation do not constitute representative conditions 
for purposes of conducting a performance test. The owner or operator 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.
    (2) Representative emission capture system and add-on control device 
operating conditions. You must conduct the performance test when the 
emission capture system and add-on control device are operating at a 
representative flow rate, and the add-on control device is operating at 
a representative inlet concentration. You must record information that 
is necessary to document emission capture system and add-on control 
device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.4165 and of an add-on 
control device according to the requirements in Sec. 63.4166.
    (c) The performance test to determine add-on control device organic 
HAP destruction or removal efficiency must consist of three runs as 
specified in Sec. 63.7(e)(3) and each run must last at least 1 hour.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9617, Mar. 15, 2019]



Sec. 63.4165  How do I determine the emission capture system efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required by 
Sec. 63.4160.
    (a) You may assume the capture system efficiency is 100 percent if 
both of the conditions in paragraphs (a)(1) and (2) of this section are 
met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the 
enclosure to an add-on control device.
    (2) All coatings, thinners, and cleaning materials used in the 
coating operation are applied within the capture system; coating solvent 
flash-off and coating, curing, and drying occurs within the capture 
system and the removal or evaporation of cleaning materials from the 
surfaces they are applied to occurs within the capture system. For 
example, this criterion is not met if parts enter the open shop 
environment when being moved between a spray booth and a curing oven.
    (b) If the capture system does not meet both of the criteria in 
paragraphs (a)(1) and (2) of this section, then you must use one of the 
three protocols described in paragraphs (c), (d), and (e) of this 
section to measure capture efficiency. The capture efficiency 
measurements use TVH capture efficiency as a surrogate for organic HAP 
capture efficiency. For the protocols in paragraphs (c) and (d) of this 
section, the capture efficiency measurement must consist of three test 
runs. Each test run must be at least 3 hours duration or the length of a 
production run, whichever is longer, up to 8 hours. For the purposes of 
this test, a production run means the time required for a single part to 
go from the beginning to the end of production which includes surface 
preparation activities and drying or curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation, to the mass of TVH emissions not captured by the

[[Page 825]]

emission capture system. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (c)(1) through (6) of this 
section to measure emission capture system efficiency using the liquid-
to-uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings, thinners, and cleaning materials 
are applied, and all areas where emissions from these applied coatings 
and materials subsequently occur, such as flash-off, curing, and drying 
areas. The areas of the coating operation where capture devices collect 
emissions for routing to an add-on control device, such as the entrance 
and exit areas of an oven or spray booth, must also be inside the 
enclosure. The enclosure must meet the applicable definition of a 
temporary total enclosure or building enclosure in Method 204 of 
appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction of TVH liquid input from each coating, 
thinner, and cleaning material used in the coating operation during each 
capture efficiency test run. To make the determination, substitute TVH 
for each occurrence of the term VOC in the methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the coatings, thinners, and cleaning materials 
used in the coating operation during each capture efficiency test run.
[GRAPHIC] [TIFF OMITTED] TR23JY02.013

Where:

TVHused = total mass of TVH liquid input from all coatings, 
          thinners, and cleaning materials used in the coating operation 
          during the capture efficiency test run, kg.
TVHi = mass fraction of TVH in coating, thinner, or cleaning 
          material, i, that is used in the coating operation during the 
          capture efficiency test run, kg TVH per kg material.
Voli = total volume of coating, thinner, or cleaning 
          material, i, used in the coating operation during the capture 
          efficiency test run, liters.
Di = density of coating, thinner, or cleaning material, i, kg 
          material per liter material.
n = number of different coatings, thinners, and cleaning materials used 
          in the coating operation during the capture efficiency test 
          run.

    (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure 
the total mass, kg, of TVH emissions that are not captured by the 
emission capture system; they are measured as they exit the temporary 
total enclosure or building enclosure during each capture efficiency 
test run. To make the measurement substitute TVH for each occurrence of 
the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound emitting 
operations inside the building enclosure, other than the coating 
operation for which capture efficiency is being determined must be shut 
down, but all fans and blowers must be operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system, using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.014


[[Page 826]]


Where:

CE = capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHused = total mass of TVH liquid input used in the coating 
          operation during the capture efficiency test run, kg.
TVHuncaptured = total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (d)(1) through (5) of this 
section to measure emission capture system efficiency using the gas-to-
gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings, thinners, and cleaning materials 
are applied and all areas where emissions from these applied coatings 
and materials subsequently occur such as flash-off, curing, and drying 
areas. The areas of the coating operation where capture devices collect 
emissions generated by the coating operation for routing to an add-on 
control device, such as the entrance and exit areas of an oven or a 
spray booth, must also be inside the enclosure. The enclosure must meet 
the applicable definition of a temporary total enclosure or building 
enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions captured by the emission 
capture system during each capture efficiency test run as measured at 
the inlet to the add-on control device. To make the measurement, 
substitute TVH for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or 204C measurement must 
be upstream from the add-on control device and must represent total 
emissions routed from the capture system and entering the add-on control 
device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct, and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound emitting 
operations inside the building enclosure other than the coating 
operation for which capture efficiency is being determined must be shut 
down, but all fans and blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system, using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR23JY02.015

Where:

CE = capture efficiency of the emission capture system vented to the 
          add-on control device, percent.

[[Page 827]]

TVHcaptured = total mass of TVH captured by the emission 
          capture system as measured at the inlet to the add-on control 
          device during the emission capture efficiency test run, kg.
TVHuncaptured = total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.

    (5) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (e) Alternative capture efficiency protocol. As an alternative to 
the procedures specified in paragraphs (c) and (d) of this section, you 
may determine capture efficiency using any other capture efficiency 
protocol and test methods that satisfy the criteria of either the DQO or 
LCL approach as described in appendix A to subpart KK of this part.



Sec. 63.4166  How do I determine the add-on control device emission 
destruction or removal efficiency?

    (a) For all types of add-on control devices, use the test methods as 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A in appendix A-1 of part 60, as appropriate, 
to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, or 2F in appendix A-1, or Method 2G in 
appendix A-2, of part 60, as appropriate, to measure gas volumetric flow 
rate.
    (3) Use Method 3, 3A, or 3B in appendix A-2 of part 60, as 
appropriate, for gas analysis to determine dry molecular weight. You may 
also use as an alternative to Method 3B, the manual method for measuring 
the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas 
in ANSI/ASME, PTC 19.10-1981, ``Flue and Exhaust Gas Analyses'' 
(incorporated by reference, see Sec. 63.14).
    (4) Use Method 4 in appendix A-3 of part 60 to determine stack gas 
moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either Method 25 or 25A in appendix A-7 of part 60, as specified in 
paragraphs (b)(1) through (3) of this section. You must use the same 
method for both the inlet and outlet measurements. You may use Method 18 
in appendix A-6 of part 60 to subtract methane emissions from measured 
total gaseous organic mass emissions as carbon.
    (1) Use Method 25 if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be more 
than 50 parts per million (ppm) at the control device outlet.
    (2) Use Method 25A if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be 50 
ppm or less at the control device outlet.
    (3) Use Method 25A if the add-on control device is not an oxidizer.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator with 
an outlet for the high-volume, dilute stream that has been treated by 
the concentrator, and a second add-on control device is an oxidizer with 
an outlet for the low-volume, concentrated stream that is treated with 
the oxidizer, you must measure emissions at the outlet of the oxidizer 
and the high-volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic emissions 
mass flow rates for the inlet and the outlet of the add-on control 
device, using Equation 1 of this section. If there is more than one 
inlet or outlet to the add-on control device, you must calculate the 
total gaseous organic mass flow rate using Equation 1 of this section 
for each inlet and each outlet and then total all of the inlet emissions 
and total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TR23JY02.016

Where:

Mf = total gaseous organic emissions mass flow rate, kg/per 
          hour (h).

[[Page 828]]

Cc = concentration of organic compounds as carbon in the vent 
          gas, as determined by Method 25 or Method 25A, parts per 
          million by volume (ppmv), dry basis.
Qsd = volumetric flow rate of gases entering or exiting the 
          add-on control device, as determined by Method 2, 2A, 2C, 2D, 
          2F, or 2G, dry standard cubic meters/hour (dscm/h).
0.0416 = conversion factor for molar volume, kg-moles per cubic meter 
          (mol/m \3\) (@ 293 Kelvin (K) and 760 millimeters of mercury 
          (mm Hg)).

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section.
[GRAPHIC] [TIFF OMITTED] TR23JY02.017

Where:

DRE = add-on control device organic emissions destruction or removal 
          efficiency, percent.
Mfi = total gaseous organic emissions mass flow rate at the 
          inlet(s) to the add-on control device, using Equation 1 of 
          this section, kg/h.
Mfo = total gaseous organic emissions mass flow rate at the 
          outlet(s) of the add-on control device, using Equation 1 of 
          this section, kg/h.

    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9617, Mar. 15, 2019]



Sec. 63.4167  How do I establish the emission capture system and
add-on control device operating limits during performance tests?

    During the performance tests required by Sec. Sec. 63.4160 and 
63.4163, and described in Sec. Sec. 63.4164, 63.4165, and 63.4166, you 
must establish the operating limits required by Sec. 63.4092 according 
to this section unless you have received approval for alternative 
monitoring and operating limits under Sec. 63.8(f) as specified in 
Sec. 63.4092.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of the 
three test runs. You must monitor the temperature in the firebox of the 
thermal oxidizer or immediately downstream of the firebox before any 
substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed maintained during 
the performance test. These are the minimum operating limits for your 
catalytic oxidizer.
    (3) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature just before the 
catalyst bed and implement a site-specific inspection and maintenance 
plan for your catalytic oxidizer as specified in paragraph (b)(4) of 
this section. During the performance test, you must monitor and record 
the temperature just before the catalyst bed at least once every 15 
minutes during each of the three test runs. Use the data collected 
during the performance test to calculate and record the average 
temperature just before the catalyst bed during the performance test. 
This is the minimum operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you

[[Page 829]]

elect to monitor according to paragraph (b)(3) of this section. The plan 
must address, at a minimum, the elements specified in paragraphs 
(b)(4)(i) through (iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system including the burner 
assembly and fuel supply lines for problems and, as necessary, adjusting 
the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendations and conduct a new performance test to 
determine destruction efficiency according to Sec. 63.4166.
    (c) Carbon adsorbers. If your add-on control device is a carbon 
absorber, establish the operating limits according to paragraphs (c)(1) 
and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing gas 
(e.g., steam or nitrogen) mass flow for each regeneration cycle and the 
carbon bed temperature after each carbon bed regeneration and cooling 
cycle for the regeneration cycle either immediately preceding or 
immediately following the performance test.
    (2) The operating limits for your carbon absorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle and 
the maximum carbon bed temperature recorded after the cooling cycle.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) of 
this section.
    (1) During the performance test, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average condenser outlet (product side) gas temperature 
maintained during the performance test. This average condenser outlet 
gas temperature is the maximum operating limit for your condenser.
    (e) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (e)(1) through (4) of this section.
    (1) During the performance test, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature. This is the minimum operating limit 
for the desorption concentrate gas stream temperature.
    (3) During the performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least once 
every 15 minutes during each of the three runs of the performance test.
    (4) Use the data collected during the performance test to calculate 
and record the average pressure drop. This is the maximum operating 
limit for the dilute stream across the concentrator.
    (f) Emission capture system. For each capture device that is not 
part of a PTE that meets the criteria of Sec. 63.4165(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure as specified in paragraphs (f)(1) and (2) of this section. The 
operating limit for a PTE is specified in Table 1 to this subpart.
    (1) During the capture efficiency determination required by 
Sec. Sec. 63.4160 and 63.4163, and described in Sec. Sec. 63.4164 and 
63.4165, you must monitor and record either the gas volumetric flow rate 
or the duct static pressure for each separate capture device in your 
emission capture system at least once every 15 minutes during each of 
the three test runs at a point in the duct between the capture device 
and the add-on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device. 
This average gas volumetric flow rate or duct static

[[Page 830]]

pressure is the minimum operating limit for that specific capture 
device.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9618, Mar. 15, 2019]



Sec. 63.4168  What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), (f), and (g) of this section according 
to paragraphs (a)(1) through (6) of this section. You must install, 
operate, and maintain each CPMS specified in paragraphs (b) and (d) of 
this section according to paragraphs (a)(3) through (5) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for each 
successive 3-hour period of the emission capture system and add-on 
control device operation except as specified in paragraph (a)(6) of this 
section.
    (3) You must record the results of each inspection, calibration, and 
validation check of the CPMS.
    (4) You must maintain the CPMS at all times in accordance with Sec. 
63.4100(b) and have readily available necessary parts for routine 
repairs of the monitoring equipment.
    (5) Before September 12, 2019, you must operate the CPMS and collect 
emission capture system and add-on control device parameter data at all 
times that a controlled coating operation is operating except during 
monitoring malfunctions, associated repairs, and required quality 
assurance or control activities (including, if applicable, calibration 
checks and required zero and span adjustments). On and after September 
12, 2019, you must operate the CPMS and collect emission capture system 
and add-on control device parameter data at all times in accordance with 
Sec. 63.4100(b).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities when calculating data averages. You must 
use all the data collected during all other periods in calculating the 
data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Except for periods of required 
quality assurance or control activities, any period during which the 
CPMS fails to operate and record data continuously as required by 
paragraph (a)(1) of this section, or generates data that cannot be 
included in calculating averages as specified in paragraph (a)(6) of 
this section, is a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must comply with the 
requirements of paragraphs (a)(3) through (5) and (b)(1) and (2) of this 
section for each emission capture system that contains bypass lines that 
could divert emissions away from the add-on control device to the 
atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must be 
recorded, as well as every time the flow direction is

[[Page 831]]

changed. The flow control position indicator must be installed at the 
entrance to any bypass line that could divert the emissions away from 
the add-on control device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass line 
valve in the closed 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 
closed position and the emissions are not diverted away from the add-on 
control device to the atmosphere.
    (iii) Valve closure monitoring. Ensure that any bypass line valve is 
in the closed (non-diverting) position through monitoring of valve 
position at least once every 15 minutes. You must inspect the monitoring 
system at least once every month to verify that the monitor will 
indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the coating operation is stopped when flow is diverted by the 
bypass line away from the add-on control device to the atmosphere when 
the coating operation is running. You must inspect the automatic 
shutdown system at least once every month to verify that it will detect 
diversions of flow and shutdown the coating operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec. 63.4120.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (a) and (c)(1) through (3) of this section:
    (1) For a thermal oxidizer, install a gas temperature monitor in the 
firebox of the thermal oxidizer or in the duct immediately downstream of 
the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install a gas temperature monitor in 
the gas stream immediately before the catalyst bed, and if you establish 
operating limits according to Sec. 63.4167(b)(1) and (2), also install 
a gas temperature monitor in the gas stream immediately after the 
catalyst bed.
    (3) For each gas temperature monitoring device, you must comply with 
the requirements in paragraphs (c)(3)(i) through (vii) of this section. 
For the purposes of this paragraph (c)(3), a thermocouple is part of the 
temperature sensor.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owner's manual. 
Following the electronic calibration, you must 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 30 degrees Fahrenheit of the process temperature sensor's 
reading.
    (vi) Any time the sensor exceeds the manufacturer's specified 
maximum operating temperature range, either conduct calibration and 
validation checks or install a new temperature sensor.
    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing gas 
(e.g., steam or nitrogen) mass flow for each regeneration cycle, the 
carbon bed temperature after each regeneration and cooling cycle, and 
comply with paragraphs (a)(3) through (5) and (d)(1) and (2) of this 
section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement

[[Page 832]]

sensitivity of plus or minus 10 percent, capable of recording the total 
regeneration desorbing gas mass flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must have a measurement 
sensitivity of 1 percent of the temperature recorded or 1 degree 
Fahrenheit, whichever is greater, and must be capable of recording the 
temperature within 15 minutes of completing any carbon bed cooling 
cycle.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The gas temperature monitor must have a measurement sensitivity 
of 1 percent of the temperature recorded or 1 degree Fahrenheit, 
whichever is greater.
    (2) The temperature monitor must provide a gas temperature record at 
least once every 15 minutes.
    (f) Concentrators. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must comply with 
the requirements in paragraphs (a) and (f)(1) and (2) of this section.
    (1) You must install a temperature monitor in the desorption gas 
stream. The temperature monitor must meet the requirements in paragraphs 
(a) and (c)(3) of this section.
    (2) You must install a device to monitor pressure drop across the 
zeolite wheel or rotary carbon bed. The pressure monitoring device must 
meet the requirements in paragraphs (a) and (f)(2)(i) through (vii) of 
this section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Use a gauge with a minimum tolerance of 0.5 inch of water or a 
transducer with a minimum tolerance of 1 percent of the pressure range.
    (iv) Check the pressure tap daily.
    (v) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (vi) Conduct calibration checks anytime the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vii) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.
    (g) Emission capture systems. The capture system monitoring system 
must comply with the requirements in paragraph (a) of this section and 
the applicable requirements in paragraphs (g)(1) and (2) of this 
section.
    (1) For each flow measurement device, you must meet the requirements 
in paragraphs (a) and (g)(1)(i) through (iv) of this section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iii) Conduct a flow sensor calibration check at least semiannually.
    (iv) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (g)(2)(i) through (vi) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Check pressure tap pluggage daily.
    (iv) Using an inclined manometer with a measurement sensitivity of 
0.0002 inch water, check gauge calibration quarterly and transducer 
calibration monthly.
    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.

[[Page 833]]

    (vi) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9618, Mar. 15, 2019; 85 
FR 41149, July 8, 2020]

                   Other Requirements and Information



Sec. 63.4180  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 (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 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 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 listed in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the work practice standards in Sec. 
63.4093 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. 63.4181  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
the General Provisions of this part, and in this section as follows:
    Add-on control device means an air pollution control device, such as 
a thermal oxidizer or carbon absorber, that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.
    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to collect 
emissions generated by a coating operation in the use of coatings and 
cleaning materials, both at the point of application and at subsequent 
points where emissions from the coatings and cleaning materials occur, 
such as flashoff, drying, or curing. As used in this subpart, multiple 
capture devices that collect emissions generated by a coating operation 
are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting) from a substrate before or after coating application 
or from equipment associated with a coating operation such as spray 
booths, spray guns, racks, tanks, and hangers. Thus, it includes 
cleaning materials used for substrates or equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. For the purposes of this subpart, 
coatings include paints, porcelain enamels, sealants, caulks, inks, 
adhesives, and maskants. Decorative, protective, or functional materials 
that consist only of protective oils, acids, bases, or any combination 
of these substances are not considered coatings for the purposes of this 
subpart.
    Coating operation means equipment used to apply cleaning materials 
to a substrate to prepare it for coating application or to remove dried 
coating (surface preparation), to apply coating to a substrate (coating 
application) and

[[Page 834]]

to dry or cure the coating after application, or to clean coating 
operation equipment (equipment cleaning). A single coating operation may 
include any combination of these types of equipment but always includes 
at least the point at which a coating or cleaning material is applied 
and all subsequent points in the affected source where organic HAP 
emissions from that coating or cleaning material occur. There may be 
multiple coating operations in an affected source. Applications of 
coatings using hand-held, nonrefillable aerosol containers, touchup 
markers, or marking pens are not coating operations for the purposes of 
this subpart.
    Coating solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system means the total equipment 
that may be required to meet the data acquisition and availability 
requirements of this subpart used to sample, condition (if applicable), 
analyze, and provide a record of coating operation, capture system, or 
add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Deviation means:
    (1) Before September 12, 2019, 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, or 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) Fails to meet any emission limit, or 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; and
    (2) On and after September 12, 2019, 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, or 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.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Enclosure means a structure that surrounds a source of emissions and 
captures and directs the emissions to an add-on control device.
    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds are 
listed in 40 CFR 51.100(s).
    Facility maintenance means the routine repair or refurbishing 
(including surface coating) of the tools, equipment, machinery, and 
structures that comprise the infrastructure of the facility or that are 
necessary for the facility to function in its intended capacity. It does 
not mean cleaning of equipment that is part of a large appliances 
coating operation.
    Heat transfer coil means a tube-and-fin assembly used in large 
appliance products to remove heat from a circulating fluid.
    Large appliance part means a component of a large appliance product 
except for the wider use parts excluded under Sec. 63.4081(d)(1).
    Large appliance product means, but is not limited to, any of the 
following products (except as provided under Sec. 63.4081(d)(3)) 
manufactured for household, recreational, institutional, commercial, or 
industrial use:
    (1) Cooking equipment (ovens, ranges, and microwave ovens but not 
including toasters, counter-top grills, and similar small products);
    (2) Refrigerators, freezers, and refrigerated cabinets and cases;
    (3) Laundry equipment (washers, dryers, drycleaning machines, and 
pressing machines);

[[Page 835]]

    (4) Dishwashers, trash compactors, and water heaters; and
    (5) HVAC units, air-conditioning (except motor vehicle) units, air-
conditioning and heating combination units, comfort furnaces, and 
electric heat pumps.
    Specifically excluded are heat transfer coils and large commercial 
and industrial chillers.
    Large commercial and industrial chillers means, for the purposes of 
this subpart, equipment designed to produce chilled water for use in 
commercial or industrial HVAC systems.
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material with the test methods specified in 
Sec. 63.4141. Manufacturer's formulation data may include, but are not 
limited to, information on density, organic HAP content, volatile 
organic matter content, and coating solids content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as kg 
organic HAP per kg of material.
    Month means a calendar month or a pre-specified period of 28 to 35 
days to allow for flexibility in recordkeeping when data are based on a 
business accounting period.
    Organic HAP content means the mass of organic HAP per volume of 
coating solids for a coating, calculated using Equation 2 of Sec. 
63.4141. The organic HAP content is determined for the coating in the 
condition it is in when received from its manufacturer or supplier and 
does not account for any alteration after receipt.
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Protective oil means an organic material that is applied to a 
substrate for the purpose of providing lubrication or protection from 
corrosion without forming a solid film. This definition of protective 
oils includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products 
conducted under the close supervision of technically trained personnel 
and is not engaged in the manufacture of final or intermediate products 
for commercial purposes, except in a de minimis manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Startup, initial means the first time equipment is brought online in 
a facility.
    Surface preparation means use of a cleaning material on a portion of 
or all of a substrate including use of cleaning material to remove dried 
coating which is sometimes called ``depainting.''
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from a 
given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through 204F of appendix M to 40 CFR part 51 and substituting 
the term TVH each place in the methods where the term VOC is used. The 
TVH includes both VOC and non-VOC.
    Uncontrolled coating operation means a coating operation from which 
no organic HAP emissions are routed through an emission capture system 
and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC in 
40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating, expressed as liters of coating solids per liter of coating.
    Wastewater means water that is generated in a coating operation and 
is

[[Page 836]]

collected, stored, or treated prior to being discarded or discharged.

[67 FR 48262, July 23, 2002, as amended at 84 FR 9618, Mar. 15, 2019]



 Sec. Table 1 to Subpart NNNN of Part 63--Operating Limits if Using the 
                Emission Rate With Add-On Controls Option

    If you are required to comply with operating limits by Sec. 
63.4092, you must comply with the applicable operating limits in the 
following table:

------------------------------------------------------------------------
                                                        And you must
                                                         demonstrate
                                You must meet the        continuous
 For following device . . .    following operating   compliance with the
                                   limit . . .      operating limit by .
                                                             . .
------------------------------------------------------------------------
1. thermal oxidizer.........  a. the average        i. collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.4168(c);
                               combustion           ii. reducing the
                               temperature limit     data to 3-hour
                               established           block averages; and
                               according to Sec. iii. maintaining the
                               63.4167(a).           3-hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     combustion
                                                     temperature limit.
2. catalytic oxidizer.......  a. the average        i. collecting the
                               temperature           temperature data
                               measured just         according to Sec.
                               before the catalyst   63.4168(c);
                               bed in any 3-hour    ii. reducing the
                               period must not       data to 3-hour
                               fall below the        block before the
                               limit established     averages; and
                               according to Sec. iii. maintaining the
                               63.4167(b); and       3-hour average
                               either.               temperature before
                                                     the catalyst bed at
                                                     or above the
                                                     temperature limit.
                              b. ensure that        i. collecting the
                               average temperature   temperature data
                               difference across     according to Sec.
                               the catalyst bed in   63.4168(c);
                               any 3-hour period    ii. reducing the
                               does not fall below   data to 3-hour
                               the temperature       block difference
                               difference limit      across averages;
                               established           and
                               according to Sec. iii. maintaining the
                               63.4167(b)(2); or.    3-hour average
                                                     temperature
                                                     difference at or
                                                     above the
                                                     temperature
                                                     difference limit.
                              c. develop and        i. maintaining an up-
                               implement an          to-date inspection
                               inspection and        and maintenance
                               maintenance plan      plan, records of
                               according to Sec. annual catalyst
                               63.4167(b)(4).        activity checks,
                                                     records monthly
                                                     inspections of the
                                                     oxidizer system,
                                                     and records of the
                                                     annual internal
                                                     inspections of the
                                                     catalyst bed. If a
                                                     problem is
                                                     discovered during a
                                                     monthly or annual
                                                     inspection required
                                                     by Sec.
                                                     63.4167(b)(4), you
                                                     must take
                                                     corrective action
                                                     as soon as
                                                     practicable
                                                     consistent with the
                                                     manufacturer's
                                                     recommendations.
3. carbon adsorber..........  a. the total          i. measuring the
                               regeneration          total regeneration
                               desorbing gas         desorbing gas
                               (e.g., steam or       (e.g., steam or
                               nitrogen) mass flow   nitrogen) mass flow
                               for each carbon bed   for each
                               regeneration cycle    regeneration cycle
                               must not fall below   according to Sec.
                               the total             63.4168(d); and
                               regeneration         ii. maintaining the
                               desorbing gas mass    total regeneration
                               flow limit            desorbing gas mass
                               established           flow at or above
                               according to Sec. the mass flow
                               63.4167(c).           limit.
                              b. the temperature    i. measuring the
                               of the carbon bed,    temperature of the
                               after completing      carbon bed after
                               each regeneration     completing each
                               and any cooling       regeneration and
                               cycle, must not       any cooling cycle
                               exceed the carbon     according to Sec.
                               bed temperature       63.4168(d); and
                               limit established    ii. operating the
                               according to Sec. carbon beds such
                               63.4167(c).           that each carbon
                                                     bed is not returned
                                                     to service until
                                                     the recorded
                                                     temperature of the
                                                     carbon bed is at or
                                                     below the
                                                     temperature limit.
4. condenser................  a. the average        i. collecting the
                               condenser outlet      condenser outlet
                               (product side) gas    (product side) gas
                               temperature in any    temperature
                               3-hour period must    according to Sec.
                               not exceed the        63.4168(e);
                               temperature limit    ii. reducing the
                               established           data to 3-hour
                               according to Sec. block averages; and
                               63.4167(d).          iii. maintaining the
                                                     3-hour average gas
                                                     exceed the
                                                     temperature at the
                                                     outlet at or below
                                                     the temperature
                                                     limit.
5. concentrators, including   a. the average gas    i. collecting the
 zeolite wheels and rotary     temperature of the    temperature data
 carbon adsorbers.             desorption            according to
                               concentrate stream    63.4168(f);
                               in any 3-hour        ii. reducing the
                               period must not       data to 3-hour
                               fall below the        block averaged; and
                               limit established    iii. maintaining the
                               according to Sec. 3-hour average
                               63.4167(e).           temperature at or
                                                     above the
                                                     temperature limit.

[[Page 837]]

 
                              b. the average        i. collecting the
                               pressure drop of      pressure drop data
                               the dilute stream     according to
                               across the            63.4168(f); and
                               concentrator in any  ii. reducing the
                               3-hour period must    pressure drop data
                               not fall below the    to across the 3-
                               limit established     hour block
                               according to Sec. averages; and
                               63.4167(e).          iii. maintaining the
                                                     3-hour average
                                                     pressure drop at or
                                                     above the pressure
                                                     drop limit.
6. emission capture system    a. the direction of   i. collecting the
 that is a PTE according to    the air flow at all   direction of air
 Sec. 63.4165(a).            times must be into    flow, and either
                               the enclosure; and    the facial velocity
                               either.               of air through all
                                                     natural draft
                                                     openings according
                                                     to Sec.
                                                     63.4168(g)(1) or
                                                     the pressure drop
                                                     across the
                                                     enclosure according
                                                     to Sec.
                                                     63.4168(g)(2); and
                                                    ii. maintaining the
                                                     facial velocity of
                                                     air flow through
                                                     all natural draft
                                                     openings or the
                                                     pressure drop at or
                                                     above the facial
                                                     velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
                              b. the average        See item 6.a. of
                               facial velocity of    this table.
                               air through all
                               natural draft
                               openings in the
                               enclosure must be
                               at least 200 feet
                               per minute; or.
                              c. the pressure drop  See item 6.a. of
                               across the            this table.
                               enclosure must be
                               at least 0.007 inch
                               H2O, as established
                               in Method 204 of
                               appendix M to 40
                               CFR part 51.
7. emission capture system    a. the average gas    i. collecting the
 that is not a PTE according   volumetric flow       gas volumetric flow
 to Sec. 63.4165(a).         rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.4168(g);
                               device inlet in any  ii. reducing the
                               3-hour period must    data to 3-hour
                               not fall below the    block averages; and
                               average volumetric   iii. maintaining the
                               flow rate or duct     3-hour average gas
                               static pressure       volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according to   capture device at
                               Sec. 63.4167(f).    or above the gas
                                                     volumetric flow
                                                     rate or duct static
                                                     pressure limit.
------------------------------------------------------------------------



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

     [You must comply with the applicable General Provisions requirements according to the following table:]
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
              Citation                        Subject                    NNNN                  Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(12)..............  General Applicability..  Yes.....................
Sec. 63.1(b)(1)-(3)...............  Initial Applicability    Yes.....................  Applicability to
                                       Determination.                                     subpart NNNN is also
                                                                                          specified in Sec.
                                                                                          63.4081.
Sec. 63.1(c)(1)...................  Applicability After      Yes.....................
                                       Standard Established.
Sec. 63.1(c)(2)-(3)...............  Applicability of Permit  No......................  Area sources are not
                                       Program for Area                                   subject to subpart
                                       Sources.                                           NNNN.
Sec. 63.1(c)(4)-(5)...............  Extensions and           Yes.....................
                                       Notifications.
Sec. 63.1(c)(6)...................  Reclassification.......  Yes.....................
Sec. 63.1(e)......................  Applicability of Permit  Yes.....................
                                       Program Before
                                       Relevant Standard is
                                       Set.
Sec. 63.2.........................  Definitions............  Yes.....................  Additional definitions
                                                                                          are specified in Sec.
                                                                                           63.4181.
Sec. 63.3(a)-(c)..................  Units and Abbreviations  Yes.....................
Sec. 63.4(a)(1)-(5)...............  Prohibited Activities..  Yes.....................
Sec. 63.4(b)-(c)..................  Circumvention/           Yes.....................
                                       Severability.
Sec. 63.5(a)......................  Construction/            Yes.....................
                                       Reconstruction.
Sec. 63.5(b)(1)-(6)...............  Requirements for         Yes.....................
                                       Existing, Newly
                                       Constructed, and
                                       Reconstructed Sources.
Sec. 63.5(d)......................  Application for          Yes.....................
                                       Approval of
                                       Construction/
                                       Reconstruction.
Sec. 63.5(e)......................  Approval of              Yes.....................
                                       Construction/
                                       Reconstruction.
Sec. 63.5(f)......................  Approval of              Yes.....................
                                       Construction/
                                       Reconstruction Based
                                       on Prior State Review.
Sec. 63.6(a)......................  Compliance With          Yes.....................
                                       Standards and
                                       Maintenance
                                       Requirements--Applicab
                                       ility.

[[Page 838]]

 
Sec. 63.6(b)(1)-(7)...............  Compliance Dates for     Yes.....................  Section 63.4083
                                       New and Reconstructed                              specifies the
                                       Sources.                                           compliance dates.
Sec. 63.6(c)(1)-(5)...............  Compliance Dates for     Yes.....................  Section 63.4083
                                       Existing Sources.                                  specifies the
                                                                                          compliance dates.
Sec. 63.6(e)(1)(i)................  Operation and            Yes, before September     See Sec. 63.4100(b)
                                       Maintenance.             12, 2019. No on and       for general duty
                                                                after September 12,       requirement.
                                                                2019.
Sec. 63.6(e)(1)(ii)...............  Operation and            Yes, before September
                                       Maintenance.             12, 2019. No on and
                                                                after September 12,
                                                                2019.
Sec. 63.6(e)(1)(iii)..............  Operation and            Yes.....................
                                       Maintenance.
Sec. 63.6(e)(3)...................  Startup, shutdown,       Yes, before September
                                       malfunction plan         12, 2019. No on and
                                       (SSMP).                  after September 12,
                                                                2019.
Sec. 63.6(f)(1)...................  Compliance Except        Yes, before September
                                       During Startup,          12, 2019. No on and
                                       Shutdown, and            after September 12,
                                       Malfunction.             2019.
Sec. 63.6(f)(2)-(3)...............  Methods for Determining  Yes.....................
                                       Compliance.
Sec. 63.6(g)(1)-(3)...............  Use of an Alternative    Yes.....................
                                       Standard.
Sec. 63.6(h)......................  Compliance With Opacity/ No......................  Subpart NNNN does not
                                       Visible Emission                                   establish opacity
                                       standards.                                         standards and does not
                                                                                          require continuous
                                                                                          opacity monitoring
                                                                                          systems (COMS).
Sec. 63.6(i)(1)-(16)..............  Extension of Compliance  Yes.....................
Sec. 63.6(j)......................  Presidential Compliance  Yes.....................
                                       Exemption.
Sec. 63.7(a)(1)...................  Performance Test         Yes.....................  Applies to all affected
                                       Requirements--Applicab                             sources. Additional
                                       ility.                                             requirements for
                                                                                          performance testing
                                                                                          are specified in Sec.
                                                                                          Sec. 63.4164,
                                                                                          63.4165, and 63.4166.
Sec. 63.7(a)(2)...................  Performance Test         Yes.....................  Applies only to
                                       Requirements--Dates.                               performance tests for
                                                                                          capture system and
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Section
                                                                                          63.4160specifies the
                                                                                          schedule for
                                                                                          performance test
                                                                                          requirements that are
                                                                                          earlier than those
                                                                                          specified in Sec.
                                                                                          63.7(a)(2).
Sec. 63.7(a)(3)...................  Performance Tests        Yes.....................
                                       Required By the
                                       Administrator.
Sec. 63.7(b)-(d)..................  Performance Test         Yes.....................  Applies only to
                                       Requirements--Notifica                             performance tests for
                                       tion, Quality                                      capture system and add-
                                       Assurance Facilities                               on control device
                                       Necessary for Safe                                 efficiency at sources
                                       Testing, Conditions                                using these to comply
                                       During Test.                                       with the standard.
Sec. 63.7(e)(1)...................  Conduct of performance   Yes, before September     See Sec.
                                       tests.                   12, 2019. No on and       63.4164(a)(1).
                                                                after September 12,
                                                                2019.
Sec. 63.7(e)(2)-(4)...............  Conduct of performance   Yes.
                                       tests.
Sec. 63.7(f)......................  Performance Test         Yes.....................  Applies to all test
                                       Requirements--Use of                               methods except those
                                       Alternative Test                                   used to determine
                                       Method.                                            capture system
                                                                                          efficiency.
Sec. 63.7(g)-(h)..................  Performance Test         Yes.....................  Applies only to
                                       Requirements--Data                                 performance tests for
                                       Analysis,                                          capture system and add-
                                       Recordkeeping,                                     on control device
                                       Reporting, Waiver of                               efficiency at sources
                                       Test.                                              using these to comply
                                                                                          with the standard.

[[Page 839]]

 
Sec. 63.8(a)(1)-(3)...............  Monitoring               Yes.....................  Applies only to
                                       Requirements--Applicab                             monitoring of capture
                                       ility.                                             system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standard.
                                                                                          Additional
                                                                                          requirementsfor
                                                                                          monitoring are
                                                                                          specified in Sec.
                                                                                          63.4168.
Sec. 63.8(a)(4)...................  Additional Monitoring    No......................  Subpart NNNN does not
                                       Requirements.                                      have monitoring
                                                                                          requirements for
                                                                                          flares.
Sec. 63.8(b)......................  Conduct of Monitoring..  Yes.....................
Sec. 63.8(c)(1)...................  Continuous Monitoring    Yes, before September
                                       Systems (CMS)            12, 2019. No on and
                                       Operation and            after September 12,
                                       Maintenance.             2019.
Sec. 63.8(c)(2)-(3)...............  Continuous Monitoring    Yes.....................  Applies only to
                                       Systems (CMS)                                      monitoring of capture
                                       Operation and                                      system and add-on
                                       Maintenance.                                       control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standard.
                                                                                          Additional
                                                                                          requirementsfor CMS
                                                                                          operations and
                                                                                          maintenance are
                                                                                          specified in Sec.
                                                                                          63.4168.
Sec. 63.8(c)(4)...................  CMS....................  No......................  Section 63.4168
                                                                                          specifies the
                                                                                          requirements for the
                                                                                          operation of CMS for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec. 63.8(c)(5)...................  COMS...................  No......................  Subpart NNNN does not
                                                                                          have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec. 63.8(c)(6)...................  CMS Requirements.......  No......................  Section 63.4168
                                                                                          specifies the
                                                                                          requirements for
                                                                                          monitoring systems for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec. 63.8(c)(7)...................  CMS Out-of-Control       Yes.....................
                                       Periods.
Sec. 63.8(c)(8)...................  CMS Out-of-Control       No......................  Section 63.4120
                                       Periods and Reporting.                             requires reporting of
                                                                                          CMS out-of-control
                                                                                          periods.
Sec. 63.8(d)-(e)..................  Quality Control Program  No......................  Subpart NNNN does not
                                       and CMS Performance                                require the use of
                                       Evaluation.                                        CEMS.
Sec. 63.8(f)(1)-(5)...............  Use of an Alternative    Yes.....................
                                       Monitoring Method.
Sec. 63.8(f)(6)...................  Alternative to Relative  No......................  Subpart NNNN does not
                                       Accuracy Test.                                     require the use of
                                                                                          CEMS.
Sec. 63.8(g)(1)-(5)...............  Data Reduction.........  No......................  Sections 63.4167 and
                                                                                          63.4168 specify
                                                                                          monitoring data
                                                                                          reduction.
Sec. 63.9(a)-(d)..................  Notification             Yes.....................
                                       Requirements.
Sec. 63.9(e)......................  Notification of          Yes.....................  Applies only to capture
                                       Performance Test.                                  system and add-on
                                                                                          control device
                                                                                          performance tests at
                                                                                          sources using these to
                                                                                          comply with the
                                                                                          standard.
Sec. 63.9(f)......................  Notification of Visible  No......................  Subpart NNNN does not
                                       Emissions/Opacity Test.                            have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec. 63.9(g)(1)-(3)...............  Additional               No......................  Subpart NNNN does not
                                       Notifications When                                 require the use of
                                       Using CMS.                                         CEMS.
Sec. 63.9(h)......................  Notification of          Yes.....................  Section 63.4110
                                       Compliance Status.                                 specifies the dates
                                                                                          for submitting the
                                                                                          notification of
                                                                                          compliance status.
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
                                       procedures.                                        Sec. 63.9(j).
Sec. 63.10(a).....................  Recordkeeping/           Yes.....................
                                       Reporting--Applicabili
                                       ty and General
                                       Information.

[[Page 840]]

 
Sec. 63.10(b)(1)..................  General Recordkeeping    Yes.....................  Additional requirements
                                       Requirements.                                      are specified in Sec.
                                                                                          Sec. 63.4130 and
                                                                                          63.4131.
Sec. 63.10(b)(2)(i)...............  Recordkeeping of         Yes, before September     See Sec. 63.4130(j).
                                       Occurrence and           12, 2019. No on and
                                       Duration of Startups     after September 12,
                                       and Shutdowns.           2019.
Sec. 63.10(b)(2)(ii)..............  Recordkeeping of         Yes, before September     See Sec. 63.4130(j).
                                       Failures to Meet         12, 2019. No on and
                                       Standards.               after September 12,
                                                                2019.
Sec. 63.10(b)(2)(iii).............  Recordkeeping Relevant   Yes.....................
                                       to Maintenance of Air
                                       Pollution Control and
                                       Monitoring Equipment.
Sec. 63.10(b)(2)(iv)-(v)..........  Actions Taken to         Yes, before September     See Sec.
                                       Minimize Emissions       12, 2019. No, on and      63.4130(j)(4) for a
                                       During SSM.              after September 12,       record of actions
                                                                2019.                     taken to minimize
                                                                                          emissions during a
                                                                                          deviation from the
                                                                                          standard.
Sec. 63.10(b)(2)(vi)..............  Records for CMS          Yes, before September     See Sec. 63.4130(j)
                                       malfunctions.            12, 2019. No, on and      for records of periods
                                                                after September 12,       of deviation from the
                                                                2019.                     standard, including
                                                                                          instances where a CMS
                                                                                          is inoperative or out-
                                                                                          of-control.
Sec. 63.10(b)(2)(vii)-(xi)........  Records................  Yes.....................
Sec. 63.10(b)(2)(xii).............  Records................  Yes.....................
Sec. 63.10(b)(2)(xiii)............  .......................  No......................  Subpart NNNN does not
                                                                                          require the use of
                                                                                          CEMS.
Sec. 63.10(b)(2)(xiv).............  .......................  Yes.....................
Sec. 63.10(b)(3)..................  Recordkeeping            Yes.....................
                                       Requirements for
                                       Applicability
                                       Determinations.
Sec. 63.10(c)(1)-(6)..............  Additional               Yes.....................
                                       Recordkeeping
                                       Requirements for
                                       Sources with CMS.
Sec. 63.10(c)(7)-(8)..............  Additional               No......................  See Sec.
                                       Recordkeeping                                      63.4130(j)(1) for
                                       Requirements for                                   records of periods of
                                       Sources with CMS.                                  deviation from the
                                                                                          standard, including
                                                                                          instances where a CMS
                                                                                          is inoperative or out-
                                                                                          of-control.
Sec. 63.10(c)(10)-(14)............  Additional               Yes.....................
                                       Recordkeeping
                                       Requirements for
                                       Sources with CMS.
Sec. 63.10(c)(15).................  Records Regarding the    Yes, before September
                                       SSMP.                    12, 2019. No, on and
                                                                after September 12,
                                                                2019.
Sec. 63.10(d)(1)..................  General Reporting        Yes.....................  Additional requirements
                                       Requirements.                                      are specified in Sec.
                                                                                           63.4120.
Sec. 63.10(d)(2)..................  Report of Performance    Yes.....................  Additional requirements
                                       Test Results.                                      are specified in Sec.
                                                                                           63.4120(h).
Sec. 63.10(d)(3)..................  Reporting Opacity or     No......................  Subpart NNNN does not
                                       Visible Emissions                                  require opacity or
                                       Observations.                                      visible emissions
                                                                                          observations.
Sec. 63.10(d)(4)..................  Progress Reports for     Yes.....................
                                       Sources With
                                       Compliance Extensions.
Sec. 63.10(d)(5)..................  Startup, Shutdown, and   Yes, before September     See Sec. 63.4120(g).
                                       Malfunction Reports.     12, 2019. No, on and
                                                                after September 12,
                                                                2019.
Sec. 63.10(e)(1)-(2)..............  Additional CMS Reports.  No......................  Subpart NNNN does not
                                                                                          require the use of
                                                                                          CEMS.
Sec. 63.10(e)(3)..................  Excess Emissions/CMS     No......................  Section 63.4120(g)
                                       Performance Reports.                               specifies the contents
                                                                                          of periodic compliance
                                                                                          reports.
Sec. 63.10(e)(4)..................  COMS Data Reports......  No......................  Subpart NNNN does not
                                                                                          specify requirements
                                                                                          for opacity or COMS.
Sec. 63.10(f).....................  Recordkeeping/Reporting  Yes.....................
                                       Waiver.

[[Page 841]]

 
Sec. 63.11........................  Control Device           No......................  Subpart NNNN does not
                                       Requirements/Flares.                               specify use of flares
                                                                                          for compliance.
Sec. 63.12........................  State Authority and      Yes.....................
                                       Delegations.
Sec. 63.13........................  Addresses..............  Yes.....................
Sec. 63.14........................  Incorporation by         Yes.....................
                                       Reference.
Sec. 63.15........................  Availability of          Yes.....................
                                       Information/
                                       Confidentiality.
----------------------------------------------------------------------------------------------------------------


[84 FR 9618, Mar. 15, 2019, as amended at 85 FR 73906, Nov. 19, 2020]



   Sec. Table 3 to Subpart NNNN of Part 63--Default Organic HAP Mass 
                Fraction for Solvents and Solvent Blends

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data.

----------------------------------------------------------------------------------------------------------------
                                                                    Average
             Solvent/solvent blend                 CAS. No.       organic HAP    Typical organic HAP, percent by
                                                                 mass fraction                mass
----------------------------------------------------------------------------------------------------------------
1. Toluene....................................        108-88-3           1.0    Toluene.
2. Xylene(s)..................................       1330-20-7           1.0    Xylenes, ethylbenzene.
3. Hexane.....................................        110-54-3           0.5    n-hexane.
4. n-Hexane...................................        110-54-3           1.0    n-hexane.
5. Ethylbenzene...............................        100-41-4           1.0    Ethylbenzene.
6. Aliphatic 140..............................  ..............           0      None.
7. Aromatic 100...............................  ..............           0.02   1% xylene, 1% cumene.
8. Aromatic 150...............................  ..............           0.09   Naphthalene.
9. Aromatic naphtha...........................      64742-95-6           0.02   1% xylene, 1% cumene.
10. Aromatic solvent..........................      64742-94-5           0.1    Naphthalene.
11. Exempt mineral spirits....................       8032-32-4           0      None.
12. Ligroines (VM & P)........................       8032-32-4           0      None.
13. Lactol spirits............................      64742-89-6           0.15   Toluene.
14. Low aromatic white spirit.................      64742-82-1           0      None.
15. Mineral spirits...........................      64742-88-7           0.01   Xylenes.
16. Hydrotreated naphtha......................      64742-48-9           0      None.
17. Hydrotreated light distillate.............      64742-47-8           0.001  Toluene.
18. Stoddard solvent..........................       8052-41-3           0.01   Xylenes.
19. Super high-flash naphtha..................      64742-95-6           0.05   Xylenes.
20. Varsol [supreg] solvent...................       8052-49-3           0.01   0.5% xylenes, 0.5% ethylbenzene.
21. VM & P naphtha............................      64742-89-8           0.06   3% toluene, 3% xylene.
22. Petroleum distillate mixture..............      68477-31-6           0.08   4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 4 to Subpart NNNN of Part 63--Default Organic HAP Mass 
                Fraction for Petroleum Solvent Groups \a\

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data.

------------------------------------------------------------------------
                                     Average
          Solvent type             organic HAP     Typical organic HAP,
                                  mass fraction      percent by mass
------------------------------------------------------------------------
Aliphatic \b\..................            0.03  1% Xylene, 1% Toluene,
                                                  and 1% Ethylbenzene.
Aromatic \c\...................            0.06  4% Xylene, 1% Toluene,
                                                  and 1% Ethylbenzene.
------------------------------------------------------------------------
\a\ Use this table only if the solvent blend does not match any of the
  solvent blends in Table 3 to this subpart and you only know whether
  the blend is aliphatic or aromatic.
\b\ e.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed
  Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol
  Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent
  Naphtha, Solvent Blend.
\c\ e.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha,
  Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic
  Hydrocarbons, Light Aromatic Solvent.


[[Page 842]]



     Sec. Table 5 to Subpart NNNN 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
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
------------------------------------------------------------------------


[84 FR 9621, Mar. 15, 2019]



 Subpart OOOO_National Emission Standards for Hazardous Air Pollutants: 
       Printing, Coating, and Dyeing of Fabrics and Other Textiles

    Source: 68 FR 32189, May 29, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.4280  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for fabric and other textiles printing, coating 
and dyeing operations. This subpart also establishes requirements to 
demonstrate initial and continuous compliance with the emission 
limitations.



Sec. 63.4281  Am I subject to this subpart?

    (a) Except as provided in paragraphs (c) and (d) of this section, 
the source category to which this subpart applies is the printing, 
coating, slashing, dyeing or finishing of fabric and other textiles, and 
it includes the subcategories listed in paragraphs (a)(1) through (3) of 
this section.
    (1) The coating and printing subcategory includes any operation that 
coats or prints fabric or other textiles. Coating and printing 
operations are defined in Sec. 63.4371. Coated and printed substrates 
are used in products including, but not limited to, architectural 
structures, apparel, flexible hoses, hot-air balloons, lightweight 
liners, luggage, military fabric, rainwear, sheets, tents, threads and 
V-belts. The coating and printing subcategory includes any

[[Page 843]]

fabric or other textile web coating line that also performs coating on 
another substrate unless such coating is specifically excluded from this 
subpart by another NESHAP in this part or is exempted from the 
requirements of this subpart based on the criteria in paragraph (e) of 
this section. Web coating lines exclusively dedicated to coating or 
printing fabric and other textiles are subject to this subpart.
    (2) The slashing subcategory includes any operation with slashing 
operations as defined in Sec. 63.4371. In the slashing process, sizing 
compounds are applied to warp yarn to bind the fiber together and 
stiffen the yarn to provide abrasion resistance during weaving.
    (3) The dyeing and finishing subcategory includes any operation that 
dyes or finishes a fabric or other textiles. Dyeing and finishing 
operations are defined in Sec. 63.4371. Dyed and finished textiles are 
used in a wide range of products including, but not limited to, apparel, 
carpets, high-performance industrial fabrics, luggage, military fabrics, 
outer wear, sheets, towels, and threads.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec. 63.4282, 
that is a major source, is located at a major source, or is part of a 
major source of hazardous air pollutants (HAP). Major source is defined 
in Sec. 63.2 of this part.
    (c) This subpart does not apply to coating, printing, slashing, 
dyeing, or finishing operations that meet any of the criteria of 
paragraphs (c)(1) through (5) of this section.
    (1) Coating and printing, slashing, or dyeing and finishing 
operations conducted at a source that uses only regulated materials that 
contain no organic HAP as defined in Sec. 63.4371.
    (2) Coating, printing, slashing, dyeing, or finishing that occurs at 
research or laboratory operations or that is part of janitorial, 
building, and facility maintenance operations.
    (3) Coating, printing, slashing, dyeing, or finishing operations 
used by a facility and not for commerce, unless organic HAP emissions 
from the coating, printing, slashing, dyeing or finishing operations are 
as high as the major source HAP emissions specified in paragraph (b) of 
this section.
    (4) Fabric and other textile substrate web coating or printing 
operations conducted at ambient temperatures that do not involve drying 
or curing equipment such as ovens, tenter frames, steam cans, or dryers.
    (5) Coating, printing, slashing, dyeing, or finishing operations 
performed on-site at installations owned or operated by the Armed Forces 
of the United States (including the Coast Guard and the National Guard 
of any State).
    (d) Web coating lines specified in paragraphs (d)(1) through (4) of 
this section are not part of the affected source of this subpart.
    (1) Any web coating operation that is part of the affected source of 
subpart JJJJ of this part (national emission standards for hazardous air 
pollutants for paper and other web coating). This would include any web 
coating line that coats both a paper and other web substrate and a 
fabric or other textile substrate for use in flexible packaging, 
pressure sensitive tape and abrasive materials, or any web coating line 
laminating a fabric substrate to paper.
    (2) Any web coating operation that is part of the affected source of 
subpart XXXX of this part (NESHAP for tire manufacturing). This would 
include any web coating line that applies coatings to both tire cord and 
to textile cord used in the production of belts and hoses.
    (3) Coating, slashing, dyeing, or finishing operations at a 
synthetic fiber manufacturing facility where the fibers are the final 
product of the facility.
    (4) Any web coating line that coats or prints fabric or other 
textiles for use in flexible packaging and that is included in an 
affected source under subpart KK of this part (National Emission 
Standards for the Printing and Publishing Industry).
    (e) Any web coating line that coats both fabric and other textiles, 
and another substrate such as paper, must comply with the subpart of 
this part that applies to the predominant activity conducted on the 
affected source. Predominant activity for this subpart is 90 percent of 
the mass of substrate coated during the compliance period. (For example, 
a web coating line that

[[Page 844]]

coats 90 percent or more of a paper substrate, and 10 percent or less of 
a fabric or other textile substrate, would be subject to 40 CFR 63, 
subpart JJJJ.)

[68 FR 32189, May 29, 2003, as amended at 69 FR 47005, Aug. 4, 2004; 71 
FR 29805, May 24, 2006]



Sec. 63.4282  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source within each of the three subcategories listed in Sec. 
63.4281(a).
    (b) The affected source for the web coating and printing subcategory 
is the collection of all of the items listed in paragraphs (b)(1) 
through (5) of this section that are used in fabric and other textiles 
web coating and printing operations. The regulated materials for the web 
coating and printing subcategory are the coating, printing, thinning and 
cleaning materials used in the affected source.
    (1) All web coating and printing equipment used to apply cleaning 
materials to a substrate on the coating or printing line to prepare it 
for coating or printing material application, to apply coating or 
printing materials to a substrate and to dry or cure the coating or 
printing materials, or equipment used to clean web coating/printing 
operation equipment;
    (2) All containers used for storage and vessels used for mixing 
coating, printing, thinning, or cleaning materials;
    (3) All equipment and containers used for conveying coating, 
printing, thinning, or cleaning materials;
    (4) All containers used for storage, and all equipment and 
containers used for conveying waste materials generated by a coating or 
printing operation; and
    (5) All equipment, structures, and/or devices(s) used to convey, 
treat, or dispose of wastewater streams or residuals generated by a 
coating or printing operation.
    (c) The affected source for the slashing subcategory is the 
collection of all of the items listed in paragraphs (c)(1) through (5) 
of this section that are used in slashing operations. The regulated 
materials for the slashing subcategory are the slashing materials used 
in the affected source.
    (1) All slashing equipment used to apply and dry size on warp yarn;
    (2) All containers used for storage and vessels used for mixing 
slashing materials;
    (3) All equipment and containers used for conveying slashing 
materials;
    (4) All containers used for storage and all equipment and containers 
used for conveying waste materials generated by a slashing operation; 
and
    (5) All equipment, structures, and/or devices(s) used to convey, 
treat, or dispose of wastewater streams or residuals generated by a 
slashing operation.
    (d) The affected source for the dyeing and finishing subcategory is 
the collection of all of the items listed in paragraphs (d)(1) through 
(5) of this section that are used in dyeing and finishing operations. 
The regulated materials for the dyeing and finishing subcategory are the 
dyeing and finishing materials used in the affected source.
    (1) All dyeing and finishing equipment used to apply dyeing or 
finishing materials, to fix dyeing materials to the substrate, to rinse 
the textile substrate, or to dry or cure the dyeing or finishing 
materials;
    (2) All containers used for storage and vessels used for mixing 
dyeing or finishing materials;
    (3) All equipment and containers used for conveying dyeing or 
finishing materials;
    (4) All containers used for storage, and all equipment and 
containers used for conveying, waste materials generated by a dyeing or 
finishing operation; and
    (5) All equipment, structures, and/or devices(s) used to convey, 
treat, or dispose of wastewater streams or residuals generated by a 
dyeing or finishing operation.
    (e) An affected source is a new source if it meets the criteria in 
paragraph (e)(1) of this section and the criteria in either paragraph 
(e)(2) or (3) of this section.
    (1) You commenced the construction of the source after July 11, 
2002.
    (2) The web coating and printing, slashing, or dyeing and finishing 
operation is performed at a source where no web coating and printing, 
slashing, or

[[Page 845]]

dyeing and finishing operation was previously performed.
    (3) The web coating and printing, slashing, or dyeing and finishing 
operation is performed in a subcategory in which no web coating and 
printing, slashing, or dyeing and finishing operation was previously 
performed.
    (f) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2.
    (g) An affected source is existing if it is not new or 
reconstructed.



Sec. 63.4283  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source is 
specified in paragraphs (a) through (c) of this section. The compliance 
date begins the initial compliance period during which you conduct the 
initial compliance demonstration described in Sec. Sec. 63.4320, 
63.4330, 63.4340, and 63.4350.
    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section:
    (1) If the initial startup of your new or reconstructed affected 
source is before May 29, 2003, the compliance date is May 29, 2003.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after May 29, 2003, the compliance date is the date of 
initial startup of your affected source.
    (b) For an existing affected source, the compliance date is the date 
3 years after May 29, 2003.
    (c) For an area source that increases its emissions or its potential 
to emit such that it becomes a major source of HAP emissions, the 
compliance date is specified in paragraphs (c)(1) and (2) of this 
section.
    (1) For any portion of the source that becomes a new or 
reconstructed affected source subject to this subpart, the compliance 
date is the date of initial startup of the affected source or May 29, 
2003, whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or 3 years after May 29, 
2003, whichever is later.
    (d) You must meet the notification requirements in Sec. 63.4310 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

                          Emission Limitations



Sec. 63.4290  What emission limits must I meet?

    You must meet the emission limit for the subcategory or 
subcategories present in your facility. The three subcategories are: Web 
coating and printing, slashing, and dyeing and finishing. Table 1 to 
this subpart presents the emission limits for a new or reconstructed 
affected source and for an existing affected source in each subcategory.



Sec. 63.4291  What are my options for meeting the emission limits?

    You must include all regulated materials (as defined in Sec. 
63.4371) used in the affected source when determining whether the 
organic HAP emission rate is equal to or less than the applicable 
emission limit in Table 1 to this subpart. To make this determination, 
you must use at least one of the compliance options for the subcategory 
listed in paragraphs (a) through (c) of this section.
    (a) Web coating and printing. You may apply any one of the 
compliance options in paragraphs (a)(1) through (5) of this section to 
an individual web coating/printing operation, or to multiple web 
coating/printing operations in the affected source as a group, or to the 
entire affected source in the web coating and printing subcategory. You 
may use different compliance options for different web coating/printing 
operations or at different times on the same web coating/printing 
operation. However, you may not use different compliance options at the 
same time on the same web coating/printing operation. If you switch 
between compliance options for any web coating/printing operation or 
group of operations, you must document this switch as required by Sec. 
63.4312(c), and you must report it in

[[Page 846]]

the next semiannual compliance report required in Sec. 63.4311.
    (1) Compliant material option. Demonstrate that the organic HAP 
content, as purchased, of each coating and printing material applied in 
the web coating/printing operation(s) is less than or equal to the 
applicable emission limit in Table 1 to this subpart, and that each 
thinning and cleaning material as purchased contains no organic HAP (as 
defined in Sec. 63.4371). You must meet all the requirements of 
Sec. Sec. 63.4320, 63.4321, and 63.4322 to demonstrate compliance with 
the applicable emission limit using this option.
    (2) Emission rate without add-on controls option. Demonstrate that, 
based on the regulated materials applied in the web coating/printing 
operation(s), the organic HAP emission rate for the web coating/printing 
operation(s) is less than or equal to the applicable emission limit in 
Table 1 to this subpart, calculated as a rolling 12-month average 
emission rate. You must meet all the requirements of Sec. Sec. 63.4330, 
63.4331, and 63.4332 to demonstrate compliance with the applicable 
emission limit using this option.
    (3) Emission rate with add-on controls option. Demonstrate that, 
based on the regulated materials applied in the web coating/printing 
operation(s) and the organic HAP emissions reductions achieved by 
emission capture systems and add-on controls, the organic HAP emission 
rate for the web coating/printing operation(s) is less than or equal to 
the applicable emission limit in Table 1 to this subpart, calculated as 
a rolling 12-month average emission rate. If you use this compliance 
option, you must also demonstrate that all capture systems and control 
devices for the web coating/printing operation(s) meet the operating 
limits required in Sec. 63.4292, except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to Sec. 
63.4341(e)(5), and that you meet the work practice standards required in 
Sec. 63.4293. You must meet all the requirements of Sec. Sec. 63.4340 
through 63.4342 and 63.4360 through 63.4364 to demonstrate compliance 
with the emission limits, operating limits, and work practice standards 
using this option.
    (4) Organic HAP overall control efficiency option. Demonstrate that, 
based on the organic HAP emission capture and add-on control 
efficiencies achieved, the organic HAP overall control efficiency is 
greater than or equal to the applicable organic HAP overall control 
efficiency limit in Table 1 to this subpart. If you use this compliance 
option, you must also demonstrate that all capture systems and control 
devices for the web coating/printing operation(s) meet the operating 
limits required in Sec. 63.4292, except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to Sec. 
63.4351(d)(5), and that you meet the work practice standards required in 
Sec. 63.4293. You must meet all the requirements of Sec. Sec. 63.4350 
through 63.4352 and 63.4360 through 63.4364 to demonstrate compliance 
with the applicable emission limits, operating limits, and work practice 
standards using this option.
    (5) Oxidizer outlet organic HAP concentration limit. If you use an 
oxidizer to control organic HAP emissions, demonstrate that the oxidizer 
is operated such that the outlet organic HAP concentration is no greater 
than 20 parts per million by volume (ppmv) on a dry basis, and that the 
efficiency of the capture system is 100 percent. If you use this 
compliance option, you must also demonstrate that all capture systems 
and oxidizers for the web coating/printing operation(s) meet the 
operating limits required in Sec. 63.4292, and that you meet the work 
practice standards required in Sec. 63.4293. You must meet all the 
requirements of Sec. Sec. 63.4350 through 63.4352 and 63.4360 through 
63.4364 to demonstrate compliance with the applicable emission limits, 
operating limits, and work practice standards using this option.
    (b) Slashing. You must use the compliant material option to 
demonstrate that the mass fraction of organic HAP in each slashing 
material as purchased for the slashing operation(s) is less than or 
equal to the applicable emission limit in Table 1 to this subpart. You 
must meet all the requirements of Sec. Sec. 63.4320, 63.4321, and 
63.4322 to demonstrate compliance with the applicable emission limit.

[[Page 847]]

    (c) Dyeing and finishing. You may apply any one of the compliance 
options in paragraphs (c)(1) through (3) of this section to an 
individual dyeing/finishing operation, or to multiple dyeing/finishing 
operations in the affected source as a group, or to the entire affected 
source in the dyeing and finishing subcategory. You may use different 
compliance options for different dyeing/finishing operations or at 
different times on the same dyeing/finishing operation. However, you may 
not use different compliance options at the same time on the same 
dyeing/finishing operation. If you switch between compliance options for 
any dyeing/finishing operation or group of operations, you must document 
this switch as required by Sec. 63.4312(c), and you must report it in 
the next semiannual compliance report required in Sec. 63.4311. If you 
choose to apply the compliance option in paragraph (c)(4) to your 
dyeing/finishing operations, it must be applied to the entire affected 
source in the dyeing and finishing subcategory. You may not apply any of 
the compliance options in paragraphs (c)(1) through (3) of this section 
to any dyeing/finishing operation in the affected source if you use the 
equivalent emission rate limit in paragraph (c)(4) for your dyeing/
finishing affected source.
    (1) Compliant material option. Demonstrate that the mass fraction of 
organic HAP, as purchased, of each dyeing and finishing material applied 
in the dyeing/finishing operation(s) is less than or equal to the 
applicable emission limit in Table 1 to this subpart. You must meet all 
the requirements of Sec. Sec. 63.4320, 63.4321, and 63.4322 to 
demonstrate compliance with the applicable emission limit using this 
option.
    (2) Emission rate without add-on controls option. Demonstrate that, 
based on the dyeing and finishing materials applied in the dyeing/
finishing operation(s), the organic HAP emission rate for the dyeing 
operation(s), the organic HAP emission rate for the finishing 
operation(s) or the combined organic HAP emission rate for dyeing and 
finishing is less than or equal to the applicable emission limit(s) in 
Table 1 to this subpart, calculated as a rolling 12-month average 
emission rate. You must meet all the requirements of Sec. Sec. 63.4330, 
63.4331, and 63.4332 to demonstrate compliance with the applicable 
emission limit(s) using this option.
    (3) Emission rate with add-on controls option. Demonstrate that, 
based on the dyeing and finishing materials applied in the dyeing/
finishing operation(s) and the organic HAP emissions reductions achieved 
by emission capture systems and add-on controls, the organic HAP 
emission rate for the dyeing/finishing operation(s) is less than or 
equal to the applicable emission limit in Table 1 to this subpart, 
calculated as a rolling 12-month average emission rate. If you use this 
compliance option, you must also demonstrate that all capture systems 
and control devices for the dyeing/finishing operation(s) meet the 
operating limits required in Sec. 63.4292, except for solvent recovery 
systems for which you conduct liquid-liquid material balances according 
to Sec. 63.4341(f)(5), and that you meet the work practice standards 
required in Sec. 63.4293. You must meet all the requirements of 
Sec. Sec. 63.4340 through 63.4342 and 63.4360 through 63.4364 to 
demonstrate compliance with the emission limits, operating limits, and 
work practice standards using this option.
    (4) Equivalent emission rate option. Demonstrate that the dyeing and 
finishing affected source meets all the requirements of paragraphs 
(4)(i) through (iv) of this paragraph.
    (i) The fraction of organic HAP applied in your dyeing/finishing 
affected source that is discharged to the wastewater is at least 90 
percent, determined according to Sec. 63.4331(d).
    (ii) The wastewater is discharged to a POTW or onsite secondary 
wastewater treatment.
    (iii) The total organic HAP emissions from your dyeing/finishing 
affected source are less than 10 tons per year, as calculated in 
Equation 4 of Sec. 63.4331.
    (iv) You must meet the applicable requirements of Sec. 63.4330 and 
maintain records in accordance with Sec. 63.4312(c)(2)(iv) to 
demonstrate compliance with the equivalent emission rate option.



Sec. 63.4292  What operating limits must I meet?

    (a) For any web coating/printing operation, slashing operation, or 
dyeing/

[[Page 848]]

finishing operation on which you use the compliant material option; web 
coating/printing operation or dyeing/finishing operation on which you 
use the emission rate without add-on controls option; or dyeing/
finishing affected source on which you use the equivalent emission rate 
limit option, you are not required to meet any operating limits.
    (b) For any controlled web coating/printing operation or dyeing/
finishing operation on which you use the emission rate with add-on 
controls option, or controlled web coating/printing operation on which 
you use the organic HAP overall control efficiency option or the 
oxidizer outlet organic HAP concentration option, except those web 
coating/printing operations for which you use a solvent recovery system 
and conduct a liquid-liquid material balance according to Sec. 
63.4341(e)(5) and those dyeing/finishing operations for which you use a 
solvent recovery system and conduct a liquid-liquid material balance 
according to Sec. 63.4341(f)(5), you must meet the operating limits 
specified in Table 2 of this subpart. These operating limits apply to 
the emission capture and control systems on the web coating/printing 
operation(s) and dyeing/finishing operations for which you use this 
option, and you must establish the operating limits during the 
performance test according to the procedures in Sec. 63.4363. You must 
meet the operating limits at all times after you establish them.
    (c) If you use an add-on control device other than those listed in 
Table 2 of this subpart, or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).



Sec. 63.4293  What work practice standards must I meet?

    (a) For any slashing operation, you are not required to meet any 
work practice standards. For any web coating/printing operation(s) or 
dyeing/finishing operation(s) on which you use the compliant material 
option or the emission rate without add-on controls option, you are not 
required to meet any work practice standards. For any dyeing/finishing 
affected source on which you use the equivalent emission rate option, 
you are not required to meet any work practice standards.
    (b) If you use either the emission rate with add-on controls option, 
the organic HAP overall control efficiency option, or the oxidizer 
outlet organic HAP concentration option for a web coating/printing 
operation; or you use the emission rate with add-on controls option for 
a dyeing/finishing operation; you must develop and implement a work 
practice plan to minimize organic HAP emissions from the storage, 
mixing, and conveying of regulated materials used in, and waste 
materials generated by, the coating/printing or dyeing/finishing 
operations for which you use this option; or you must meet an 
alternative standard as provided in paragraph (c) of this section. The 
plan must specify practices and procedures to ensure that, at a minimum, 
the elements specified in paragraphs (b)(1) through (5) of this section 
are implemented.
    (1) All organic-HAP-containing regulated materials and waste 
materials must be stored in closed containers.
    (2) Spills of organic-HAP-containing regulated materials, and waste 
materials must be minimized.
    (3) Organic-HAP-containing regulated materials and waste materials 
must be conveyed from one location to another in closed containers or 
pipes.
    (4) Mixing vessels which contain organic-HAP-containing regulated 
materials must be closed except when adding to, removing, or mixing the 
contents.
    (5) Emissions of organic HAP must be minimized during cleaning of 
web coating/printing or dyeing/finishing storage, mixing, and conveying 
equipment.
    (c) As provided in Sec. 63.6(g), you may request approval from the 
Administrator to use an alternative to the work practice standards in 
this section.

[[Page 849]]

                     General Compliance Requirements



Sec. 63.4300  What are my general requirements for complying with this subpart?

    (a) You must be in compliance with the emission limitations in this 
subpart as specified in paragraphs (a)(1) through (4) of this section.
    (1) Any web coating/printing, slashing, or dyeing/finishing 
operation(s) for which you use the compliant material option, as 
specified in Sec. 63.4291(a)(1), (b), or (c)(1) must be in compliance 
with the applicable emission limit in Table 1 to this subpart at all 
times.
    (2) Any web coating/printing or dyeing/finishing operation(s) for 
which you use the emission rate without add-on controls option, as 
specified in Sec. 63.4291(a)(2) or (c)(2), must be in compliance with 
the applicable emission limit in Table 1 to this subpart for all 
compliance periods.
    (3) Any web coating/printing or dyeing/finishing operation(s) for 
which you use the emission rate with add-on controls option, as 
specified in Sec. 63.4291(a)(3) or (c)(3), and any web coating/printing 
operation(s) for which you use either the organic HAP overall control 
efficiency option, as specified in Sec. 63.4291(a)(4), or the oxidizer 
outlet organic HAP concentration option, as specified in Sec. 
63.4291(a)(5), must be in compliance with the emission limitations as 
specified in paragraphs (a)(3)(i) through (iii) of this section.
    (i) Before September 12, 2019, the web coating/printing or dyeing/
finishing operation(s) must be in compliance with the applicable 
emission limit in Table 1 to this subpart or minimize emissions at all 
times as required by Sec. 63.6(e)(1). On and after September 12, 2019, 
the web coating/printing or dyeing/finishing operation(s) must be in 
compliance with the applicable emission limit in Table 1 to this subpart 
at all times.
    (ii) Each controlled web coating/printing or dyeing/finishing 
operation must be in compliance with the operating limits for emission 
capture systems and add-on control devices required by Sec. 63.4292 for 
all averaging time periods except for solvent recovery systems for which 
you conduct liquid-liquid material balances according to Sec. 
63.4341(e)(5) or (f)(5) or Sec. 63.4351(d)(5).
    (iii) Each controlled web coating/printing or dyeing/finishing 
operation must be in compliance with the work practice standards in 
Sec. 63.4293 at all times.
    (4) Any dyeing/finishing affected source for which you use the 
equivalent emission rate option, as specified in Sec. 63.4291(c)(4), 
must operate within the operating scenarios, as defined in Sec. 
63.4371, for which you determined the fraction of organic HAP applied in 
your dyeing/finishing affected source that is discharged to wastewater 
according to Sec. 63.4331(d) at all times.
    (b) Before September 12, 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). On and 
after September 12, 2019, at all times, the owner or operator must 
operate and maintain any affected source, including associated air 
pollution control equipment and monitoring equipment, in a manner 
consistent with safety and good air pollution control practices for 
minimizing emissions. The general duty to minimize emissions does not 
require the owner or operator to make any further efforts to reduce 
emissions if levels required by the applicable standard have been 
achieved. Determination of whether a source is operating in compliance 
with operation and maintenance requirements will be based on information 
available to the Administrator that may include, but is not limited to, 
monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
affected source.
    (c) Before September 12, 2019, if your affected source uses an 
emission capture system and add-on control device, you must develop a 
written startup, shutdown, and malfunction plan according to the 
provisions in Sec. 63.6(e)(3). The plan must address the startup, 
shutdown, and corrective actions in the event of a malfunction of the 
emission capture system or the add-on control device. The plan must also 
address any web coating/printing or dyeing/finishing operation equipment 
such as

[[Page 850]]

conveyors that move the substrate among enclosures that may cause 
increased emissions or that would affect capture efficiency if the 
process equipment malfunctions. A startup, shutdown, and malfunction 
plan is not required on and after September 12, 2019.

[68 FR 32189, May 29, 2003, as amended at 71 FR 20465, Apr. 20, 2006; 84 
FR 9623, Mar. 15, 2019]



Sec. 63.4301  What parts of the General Provisions apply to me?

    Table 3 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.

                   Notifications, Reports, and Records



Sec. 63.4310  What notifications must I submit?

    (a) You must submit the notifications in Sec. Sec. 63.7(b) and (c), 
63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by the 
dates specified in those sections, except as provided in paragraphs (b) 
and (c) of this section.
    (b) Initial Notification. You must submit the Initial Notification 
required by Sec. 63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, 120 days after May 29, 2003, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later. For an existing affected source, you must 
submit the Initial Notification no later than 1 year after May 29, 2003, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
    (c) Notification of Compliance Status. You must submit the 
Notification of Compliance Status required by Sec. 63.9(h) no later 
than 30 calendar days following the end of the initial compliance period 
described in Sec. 63.4320, Sec. 63.4330, Sec. 63.4340, or Sec. 
63.4350 that applies to your affected source. The Notification of 
Compliance Status must contain the information specified in paragraphs 
(c)(1) through (9) of this section and in Sec. 63.9(h).
    (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 the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec. 63.4320, Sec. 63.4330, Sec. 63.4340, or Sec. 
63.4350 that applies to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec. 63.4291 that you used during the initial compliance period on each 
web coating/printing operation in each web coating/printing affected 
source, on each slashing operation in each slashing affected source, and 
on each dyeing/finishing operation in each dyeing/finishing affected 
source.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description, and statement of the cause of, the deviation.
    (ii) If you failed to meet the applicable emission limit in Table 1 
to this subpart, include all the calculations you used to determine the 
kilogram (kg) organic HAP emitted per kg of solids applied in coating 
and printing material or the weight percent organic HAP compounds in 
slashing, dyeing or finishing material to demonstrate your failure to 
meet the applicable emission limit. You do not need to submit 
information provided by the materials suppliers or manufacturers or test 
reports.
    (7) For each of the data items listed in paragraphs (c)(7)(i) 
through (iii) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data can include a copy of 
the information provided by the supplier or manufacturer of the example 
regulated material or a summary of the results of testing conducted 
according to Sec. 63.4321(e)(1) or (2). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP and mass fraction of solids for one 
coating or printing formulation including thinning materials, mass 
fraction of organic HAP for one cleaning material and mass fraction of 
organic HAP for

[[Page 851]]

all of the regulated materials as purchased used in one slashing 
operation or dyeing/ finishing operation.
    (ii) Mass of coating or printing formulation used in web coating/
printing operation or of dyeing and finishing materials used in the 
dyeing/finishing operation during the compliance period.
    (iii) The amount of waste materials and the mass of organic HAP 
contained in the waste materials for which you are claiming an allowance 
in Equation 1 or 4 of Sec. 63.4331.
    (iv) The mass of organic HAP in the dyeing and finishing materials 
applied during the compliance period and the mass of organic HAP in 
wastewater discharged to a POTW or receiving onsite secondary treatment 
for which you are claiming an allowance in Equation 4 of Sec. 63.4331.
    (8) The calculation of kg organic HAP per kg of coating and printing 
solids applied and of kg organic HAP per kg of dyeing and finishing 
material as purchased for the compliance option(s) you use, as specified 
in paragraphs (c)(8)(i) through (vii) of this section.
    (i) For the compliant material option as specified in Sec. 
63.4291(a)(1) for web coating/printing operations, provide an example 
calculation of the organic HAP content for one coating and one printing 
material, as appropriate, using Equation 1 of Sec. 63.4321.
    (ii) For the emission rate without add-on controls option as 
specified in Sec. 63.4291(a)(2) for web coating/printing operations, 
provide the calculation of the total mass of organic HAP emissions; the 
calculation of the total mass of coating and printing solids applied; 
and the calculation of the organic HAP emission rate, using Equations 1, 
2, and 3, respectively, of Sec. 63.4331.
    (iii) For the emission rate without add-on controls option as 
specified in Sec. 63.4291(c)(2) for dyeing/finishing operations, 
provide the calculation of the total mass of organic HAP emissions; the 
calculation of the total mass of dyeing and finishing materials applied; 
and the calculation of the organic HAP emission rate, using Equations 4, 
5, and 6, respectively, of Sec. 63.4331.
    (iv) For the emission rate with add-on controls option as specified 
in Sec. 63.4291(a)(3) for web coating/printing operations, provide the 
calculation of the total mass of organic HAP emissions before add-on 
controls using Equation 1 of Sec. 63.4331, and the calculation of the 
organic HAP emission rate using Equation 4 of Sec. 63.4341.
    (v) For the emission rate with add-on controls option as specified 
in Sec. 63.4291(c)(3) for dyeing/finishing operations, provide the 
calculation of the mass of organic HAP emissions before add-on controls 
using Equation 4 of Sec. 63.4331, and the calculation of the organic 
HAP emission rate using Equation 8 of Sec. 63.4341.
    (vi) For the organic HAP overall control efficiency option as 
specified in Sec. 63.4291(a)(4), provide the calculation of the total 
mass of organic HAP emissions before add-on controls using Equation 1 of 
Sec. 63.4331 and the calculation of the organic HAP overall control 
efficiency using Equation 1 of Sec. 63.4351.
    (vii) For the equivalent emission rate option as specified in Sec. 
63.4291(c)(4), provide the calculation of the fraction of organic HAP 
applied in affected processes that is discharged to wastewater according 
to Sec. 63.4331(d), the calculation of the total organic HAP emissions 
from your dyeing/finishing affected source using Equation 4 of Sec. 
63.4331, and documentation that organic HAP containing wastewater is 
either discharged to a POTW or treated onsite in a treatment system that 
includes at least secondary treatment.
    (9) For the emission rate with add-on controls option as specified 
in Sec. 63.4291(a)(3) and (c)(3), the organic HAP overall control 
efficiency option as specified in Sec. 63.4291(a)(4), and the oxidizer 
outlet organic HAP concentration option as specified in Sec. 
63.4291(a)(5), for each controlled web coating/printing or dyeing/
finishing operation using an emission capture system and add-on control 
device other than a solvent recovery system for which you conduct 
liquid-liquid material balances according to Sec. 63.4341(e)(5) or 
(f)(5) or Sec. 63.4351(d)(5), you must include the information 
specified in paragraphs (c)(9)(i) through (v) of this section.
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure

[[Page 852]]

(PTE) or a measurement of the emission capture system efficiency. If you 
are demonstrating compliance with the oxidizer outlet organic HAP 
concentration option, the emission capture system must be a PTE. Include 
a description of the protocol followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you use 
the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show you 
meet the DQO or LCL criteria in appendix A to subpart KK of this part. 
You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented the 
work practice plan required by Sec. 63.4293.
    (v) Before September 12, 2019, a statement of whether or not you 
developed the startup, shutdown, and malfunction plan required by Sec. 
63.4300(c). This statement is not required on and after September 12, 
2019.

[68 FR 32189, May 29, 2003, as amended at 71 FR 20465, Apr. 20, 2006; 84 
FR 9623, Mar. 15, 2019; 85 FR 73907, Nov. 19, 2020]



Sec. 63.4311  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (8) of this section. The 
semiannual compliance reporting requirements of this section may be 
satisfied by reports required under other parts of the Clean Air Act 
(CAA), as specified in paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved a different 
schedule for submission of reports under Sec. 63.10(a), you must 
prepare and submit each semiannual compliance report according to the 
dates specified in paragraphs (a)(1)(i) through (iv) of this section.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec. 63.4320, Sec. 63.4330, 
Sec. 63.4340, or Sec. 63.4350 that applies to your affected source and 
ends on June 30 or December 31, whichever date is the first date at 
least 6 months after the end of the initial compliance period.
    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 or 
the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual 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.
    (iv) 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 date specified in paragraph (a)(1)(iii) of 
this section.
    (2) Inclusion with title V report. 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 semiannual 
compliance report pursuant to this section 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 semiannual compliance report 
includes all required information concerning deviations from any 
emission limitation in this subpart, its submission shall be deemed to 
satisfy any obligation to report the same deviations in the semiannual 
monitoring report. However, submission of a semiannual compliance report

[[Page 853]]

shall not otherwise affect any obligation the affected source may have 
to report deviations from permit requirements to the permitting 
authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (v) of 
this section, and the information specified in paragraphs (a)(4) through 
(8) and (c)(1) of this section that is applicable to your affected 
source. If your affected source is a slashing operation(s), you are only 
required to report the information in paragraphs (a)(3)(i) through (iii) 
of this section and the information in paragraph (a)(4) or (a)(5) of 
this section, as applicable.
    (i) Company name and address.
    (ii) 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.
    (iii) Date of report and beginning and ending dates of the reporting 
period. The reporting period is the 6-month period ending on June 30 or 
December 31.
    (iv) Identification of the compliance option or options specified in 
Sec. 63.4291 that you used on each web coating/printing and dyeing/
finishing operation during the reporting period. If you switched between 
compliance options during the reporting period, you must report the 
beginning and ending dates you used each option.
    (v) If you used the emission rate without add-on controls, the 
emission rate with add-on controls, or the organic HAP overall control 
efficiency compliance option for web coating/printing operations (Sec. 
63.4291(a)(2), (3), or (4)), or the emission rate without add-on 
controls or the emission rate with add-on controls compliance option for 
dyeing/finishing operations (Sec. 63.4291(c)(2) or (c)(3)), the 
calculation results for each compliance period ending each month during 
the 6-month reporting period.
    (4) No deviations. If there were no deviations from the emission 
limitations in Table 1 to this subpart and Sec. Sec. 63.4292, and 
63.4293 that apply to you, the semiannual compliance report must include 
a statement that there were no deviations from the emission limitations 
during the reporting period. If you use the emission rate with add-on 
controls option, the organic HAP overall control efficiency option, or 
the oxidizer outlet organic HAP concentration option and there were no 
periods during which the continuous parameter monitoring systems (CPMS) 
were out-of-control as specified in Sec. 63.8(c)(7), the semiannual 
compliance report must include a statement that there were no periods 
during which the CPMS were out-of-control during the reporting period.
    (5) Deviations: Compliant material option. If you use the compliant 
material option, and there was a deviation from the applicable organic 
HAP content requirements in Table 1 to this subpart, the semiannual 
compliance report must contain the information in paragraph (a)(5)(i) or 
(ii) of this section, as applicable.
    (i) Before September 12, 2019, the information in paragraph 
(a)(5)(i)(A) through (D) of this section.
    (A) Identification of each coating, printing, slashing, dyeing or 
finishing material applied that deviated from the emission limit and 
each thinning or cleaning material applied in web coating/printing 
operations that contained organic HAP, and the dates and time periods 
each was applied.
    (B) The calculation of the organic HAP content using Equation 1 of 
Sec. 63.4321 for each coating or printing material identified in 
paragraph (a)(5)(i)(A) of this section. You do not need to submit 
background data supporting this calculation (e.g., information provided 
by material suppliers or manufacturers, or test reports).
    (C) The determination of mass fraction of organic HAP for each 
regulated material identified in paragraph (a)(5)(i)(A) of this section. 
You do not need to submit background data supporting this calculation 
(e.g., information provided by material suppliers or manufacturers, or 
test reports).
    (D) A statement of the cause of each deviation.
    (ii) On and after September 12, 2019, the information in paragraphs 
(a)(5)(ii)(A) through (E) of this section.
    (A) Identification of each coating, printing, slashing, dyeing or 
finishing material applied that deviated from the emission limit and 
each thinning

[[Page 854]]

or cleaning material applied in web coating/printing operations that 
contained organic HAP, and the date, time, and duration each was 
applied.
    (B) The calculation of the organic HAP content using Equation 1 of 
Sec. 63.4321 for each coating or printing material identified in 
paragraph (a)(5)(ii)(A) of this section. You do not need to submit 
background data supporting this calculation (e.g., information provided 
by material suppliers or manufacturers, or test reports).
    (C) The determination of mass fraction of organic HAP for each 
regulated material identified in paragraph (a)(5)(ii)(A) of this 
section. You do not need to submit background data supporting this 
calculation (e.g., information provided by material suppliers or 
manufacturers, or test reports).
    (D) A statement of the cause of each deviation (including unknown 
cause, if applicable).
    (E) The number of deviations and, for each deviation, a list of the 
affected source or equipment, an estimate of the quantity of each 
regulated pollutant emitted over any emission limit in Table 1 to this 
subpart, and a description of the method used to estimate the emissions.
    (6) Deviations: Emission rate without add-on controls option. If you 
use the emission rate without add-on controls option and there was a 
deviation from the applicable emission limit in Table 1 to this subpart, 
the semiannual compliance report must contain the information in 
paragraph (a)(6)(i) or (ii) of this section, as applicable.
    (i) Before September 12, 2019, the information in paragraphs 
(a)(6)(i)(A) through (C) of this section.
    (A) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Table 1 to this subpart.
    (B) The calculations used to determine the organic HAP emission rate 
for the compliance period in which the deviation occurred. You must 
submit the calculations for Equations 1, 1A and 1B, 2, and 3 in Sec. 
63.4331 for web coating/printing operations; and for Equations 4, 4A, 5, 
and 6 in Sec. 63.4331 for dyeing/finishing operations; and if 
applicable, the calculation used to determine mass of organic HAP in 
waste materials according to Sec. 63.4331(a)(4)(iii) or (b)(3)(ii); 
and, for dyeing/finishing operations, if applicable, the mass of organic 
HAP in wastewater streams calculation for Equation 7 in Sec. 63.4331. 
You do not need to submit background data supporting these calculations 
(e.g., information provided by materials suppliers or manufacturers, or 
test reports).
    (C) A statement of the cause of each deviation.
    (ii) On and after September 12, 2019, the information in paragraphs 
(a)(6)(ii)(A) through (D) of this section.
    (A) The beginning and ending dates of each compliance period, during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Table 1 to this subpart.
    (B) The calculations used to determine the organic HAP emission rate 
for the compliance period in which the deviation occurred. You must 
submit the calculations for Equations 1, 1A and 1B, 2, and 3 in Sec. 
63.4331 for web coating/printing operations; and for Equations 4, 4A, 5, 
and 6 in Sec. 63.4331 for dyeing/finishing operations; and if 
applicable, the calculation used to determine mass of organic HAP in 
waste materials according to Sec. 63.4331(a)(4)(iii) or (b)(3)(ii); 
and, for dyeing/finishing operations, if applicable, the mass of organic 
HAP in wastewater streams calculation for Equation 7 in Sec. 63.4331. 
You do not need to submit background data supporting these calculations 
(e.g., information provided by materials suppliers or manufacturers, or 
test reports).
    (C) A statement of the cause of each deviation (including unknown 
cause, if applicable).
    (D) The number of deviations, a list of the affected source or 
equipment, an estimate of the quantity of each regulated pollutant 
emitted over any emission limit in Table 1 to this subpart, and a 
description of the method used to estimate the emissions.
    (7) Deviations: Add-on controls options. If you use one of the add-
on controls options in Sec. 63.4291(a) or (c) and there was a deviation 
from an emission limitation (including any periods when emissions 
bypassed the add-on control

[[Page 855]]

device and were diverted to the atmosphere), the semiannual compliance 
report must contain the information in paragraph (a)(7)(i) or (ii) of 
this section, as applicable.
    (i) Before September 12, 2019, the information in paragraphs 
(a)(7)(i)(A) through (O) of this section. This includes periods of 
startup, shutdown, and malfunction during which deviations occurred.
    (A) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Table 1 to this subpart.
    (B) If you use the emission rate option, the calculations used to 
determine the organic HAP emission rate for each compliance period in 
which a deviation occurred. You must submit the calculations that apply 
to you, including Equations 1, 1A, 1B, and 2 of Sec. 63.4331 and 
Equations 1, 1A, 1B, 1C, 2, 3, 3A and 3B and 4 of Sec. 63.4341 for web 
coating/printing operations; and Equations 4, 4A, 5, 6, and 7 of Sec. 
63.4331 and Equations 5, 5A, 5B, 6, 7, and 8 of Sec. 63.4341 for 
dyeing/finishing operations. You do not need to submit the background 
data supporting these calculations (e.g., information provided by 
materials suppliers or manufacturers, or test reports).
    (C) If you use the organic HAP overall control efficiency option, 
the calculations used to determine the organic HAP overall control 
efficiency for each compliance period in which a deviation occurred. You 
must submit the calculations that apply to you, including Equations 1, 
1A, and 1B of Sec. 63.4331; Equations 1, 1A, 1B, 1C, 2, 3, 3A, and 3B 
of Sec. 63.4341; and Equation 1 of Sec. 63.4351. You do not need to 
submit the background data supporting these calculations (e.g., test 
reports).
    (D) The date and time that each malfunction started and stopped.
    (E) A brief description of the CPMS.
    (F) The date of the latest CPMS certification or audit.
    (G) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (H) The date, time, and duration that each CPMS was out-of-control, 
including the information in Sec. 63.8(c)(8).
    (I) The date and time period of each deviation from an operating 
limit in table 2 to this subpart, date and time period of any bypass of 
the add-on control device, and whether each deviation occurred during a 
period of startup, shutdown, or malfunction or during another period.
    (J) A summary of the total duration of each deviation from an 
operating limit in table 2 to this subpart and each bypass of the add-on 
control device during the semiannual reporting period and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (K) A breakdown of the total duration of the deviations from the 
operating limits in Table 2 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (L) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as a 
percent of the total source operating time during that semiannual 
reporting period.
    (M) A description of any changes in the CPMS, web coating/printing 
or dyeing/finishing operation, emission capture system, or add-on 
control device since the last semiannual reporting period.
    (N) For each deviation from the work practice standards, a 
description of the deviation, the date and time period duration of the 
deviation, and the actions you took to correct the deviation.
    (O) A statement of the cause of each deviation.
    (ii) On and after September 12, 2019, the information in paragraphs 
(a)(7)(ii)(A) through (M), (O), and (P) of this section if there was a 
deviation from the applicable emission limit in Table 1 to this subpart 
or the applicable operating limit(s) in Table 2 to this subpart 
(including any periods when emissions bypassed the add-on control device 
and were diverted to the atmosphere), and the information in paragraph 
(a)(7)(ii)(N) of this section if

[[Page 856]]

there was a deviation from the applicable work practice standards in 
Sec. 63.4293(b).
    (A) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Table 1 to this subpart.
    (B) If you use the emission rate option, the calculations used to 
determine the organic HAP emission rate for each compliance period in 
which a deviation occurred. You must submit the calculations that apply 
to you, including Equations 1, 1A, 1B, and 2 of Sec. 63.4331 and 
Equations 1, 1A, 1B, 1C, 2, 3, 3A and 3B and 4 of Sec. 63.4341 for web 
coating/printing operations; and Equations 4, 4A, 5, 6, and 7 of Sec. 
63.4331 and Equations 5, 5A, 5B, 6, 7, and 8 of Sec. 63.4341 for 
dyeing/finishing operations. You do not need to submit the background 
data supporting these calculations (e.g., information provided by 
materials suppliers or manufacturers, or test reports).
    (C) If you use the organic HAP overall control efficiency option, 
the calculations used to determine the organic HAP overall control 
efficiency for each compliance period in which a deviation occurred. You 
must submit the calculations that apply to you, including Equations 1, 
1A, and 1B of Sec. 63.4331; Equations 1, 1A, 1B, 1C, 2, 3, 3A, and 3B 
of Sec. 63.4341; and Equation 1 of Sec. 63.4351. You do not need to 
submit the background data supporting these calculations (e.g., test 
reports).
    (D) The date and time that each malfunction of the capture system or 
add-on control devices started and stopped.
    (E) A brief description of the CPMS.
    (F) The date of the latest CPMS certification or audit.
    (G) For each instance that the CPMS was inoperative, except for zero 
(low-level) and high-level checks, the date, time, and duration that the 
CPMS was inoperative; the cause (including unknown cause) for the CPMS 
being inoperative; and descriptions of corrective actions taken.
    (H) For each instance that the CPMS was out-of-control, as specified 
in Sec. 63.8(c)(7), the date, time, and duration that the CPMS was out-
of-control; the cause (including unknown cause) for the CPMS being out-
of-control; and descriptions of corrective actions taken.
    (I) The date, time, and duration of each deviation from an operating 
limit in Table 2 to this subpart, and the date, time, and duration of 
any bypass of the add-on control device.
    (J) A summary of the total duration of each deviation from an 
operating limit in Table 2 to this subpart and each bypass of the add-on 
control device during the semiannual reporting period and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (K) A breakdown of the total duration of the deviations from the 
operating limits in Table 2 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to control equipment problems, process problems, other known 
causes, and other unknown causes.
    (L) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as a 
percent of the total source operating time during that semiannual 
reporting period.
    (M) A description of any changes in the CPMS, web coating/printing 
or dyeing/finishing operation, emission capture system, or add-on 
control device since the last semiannual reporting period.
    (N) For deviations from the work practice standards, the number of 
deviations, and, for each deviation, a description of the deviation; the 
date, time, and duration of the deviation; and the actions you took to 
minimize emissions in accordance with Sec. 63.4300(b). The description 
of the deviation must include a list of the affected sources or 
equipment for which the deviation occurred and the cause of the 
deviation (including unknown cause, if applicable).
    (O) For deviations from an emission limit in Table 1 to this subpart 
or operating limit in Table 2 to this subpart, a statement of the cause 
of each deviation (including unknown cause, if applicable).
    (P) For each deviation from an emission limit in Table 1 to this 
subpart or

[[Page 857]]

operating limit in Table 2 to this subpart, a list of the affected 
sources or equipment for which a deviation occurred, an estimate of the 
quantity of each regulated pollutant emitted over any emission limit in 
Table 1 to this subpart, and a description of the method used to 
estimate the emissions.
    (8) Deviations: Equivalent Emission Rate Option. If you use the 
equivalent emission rate option, and there was a deviation from the 
operating scenarios, as defined in Sec. 63.4371, used to demonstrate 
initial compliance, the semiannual compliance report must contain the 
information in paragraphs (a)(8)(i) through (iv) of this section.
    (i) Before September 12, 2019, the beginning and ending dates of 
each compliance period during which the deviation occurred. On and after 
September 12, 2019, the beginning and ending dates of each compliance 
period during which the deviation occurred, the number of deviations 
during the compliance period, and, for each deviation, the date, time, 
and duration of the deviation; a list of the affected sources or 
equipment; and a statement of the cause of the deviation (including an 
unknown cause, if applicable).
    (ii) If the deviation consisted of failure to treat the organic HAP 
containing wastewater by a biological treatment process, an explanation 
of the deviation, the duration of the deviation, and the determination 
of the mass of organic HAP that was discharged in the wastewater that 
was not treated by a biological treatment process.
    (iii) The determination of the fraction of organic HAP applied in 
your dyeing/finishing affected source that is discharged to the 
wastewater according to Sec. 63.4331(d).
    (iv) The calculation of the total organic HAP emissions from your 
dyeing/finishing affected source using Equation 4 of Sec. 63.4331.
    (b) Performance test reports. If you use one of the add-on control 
options in Sec. 63.4291(a) or (c), you must submit reports of 
performance test results for emission capture systems and add-on control 
devices no later than 60 days after completing the tests as specified in 
Sec. 63.10(d)(2).
    (c) Before September 12, 2019, if you use one of the add-on control 
options in Sec. 63.4291(a) or (c) and you have a startup, shutdown, or 
malfunction during the semiannual reporting period, you must submit the 
reports specified in paragraphs (c)(1) and (2) of this section. The 
reports specified in paragraphs (c)(1) and (2) of this section are not 
required on and after September 12, 2019.
    (1) If your actions were consistent with your startup, shutdown, and 
malfunction plan, you must include the information specified in Sec. 
63.10(d) in the semiannual compliance report.
    (2) If your actions were not consistent with your startup, shutdown, 
and malfunction plan, you must submit an immediate startup, shutdown, 
and malfunction report as described in paragraphs (c)(2)(i) and (ii) of 
this section as required by paragraph (a) of this section.
    (i) You must describe the actions taken during the event in a report 
delivered by facsimile, telephone, or other means to the Administrator 
within 2 working days after starting actions that are inconsistent with 
the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec. 
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec. 63.10(d)(5)(ii).
    (d) Beginning no later than June 13, 2019, you must submit the 
results of the performance test required in paragraph (b) of this 
section following the procedure specified in paragraphs (d)(1) through 
(3) 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). The CEDRI interface can be accessed through 
the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). 
Performance test data

[[Page 858]]

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.
    (2) For 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, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec. 63.13, unless 
the Administrator agrees to or specifies an alternate reporting method.
    (3) If you claim that some of the performance test information being 
submitted under paragraph (d)(1) of this section 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 medium to the EPA. The 
electronic medium 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 in paragraph (d)(1) of this section.
    (e) Beginning on March 15, 2021, the owner or operator shall submit 
the initial notifications required in Sec. 63.9(b) and the notification 
of compliance status required in Sec. 63.9(h) and Sec. 63.4310(c) to 
the EPA via CEDRI. The CEDRI interface can be accessed through the EPA's 
CDX (https://cdx.epa.gov). The owner or operator must upload to CEDRI an 
electronic copy of each applicable notification in portable document 
format (PDF). The applicable notification must be submitted by the 
deadline specified in this subpart, regardless of the method in which 
the reports are submitted. Owners or operators who claim that some of 
the information required to be submitted via CEDRI is CBI shall submit a 
complete report generated using the appropriate form in CEDRI or an 
alternate electronic file consistent with the extensible markup language 
(XML) schema listed on the EPA's CEDRI website, including information 
claimed to be CBI, on a compact disc, flash drive, or other commonly 
used electronic storage medium to the EPA. The electronic medium shall 
be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be 
submitted to the EPA via the EPA's CDX as described earlier in this 
paragraph.
    (f) Beginning on March 15, 2021, or once the reporting template has 
been available on the CEDRI website for 1 year, whichever date is later, 
the owner or operator shall submit the semiannual compliance report 
required in paragraph (a) of this section to the EPA via CEDRI. The 
CEDRI interface can be accessed through the EPA's CDX (https://
cdx.epa.gov). The owner or operator must use the appropriate electronic 
template on the CEDRI website for this subpart or an alternate 
electronic file format consistent with the XML schema listed on the 
CEDRI website (https://www.epa.gov/electronic- reporting-air-emissions/
compliance- and-emissions-data-reporting- interface-cedri). The date 
report templates become available will be listed on the CEDRI website. 
If the reporting form for the semiannual compliance report 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 
addresses listed in Sec. 63.13. Once the form has been available in 
CEDRI for 1 year, you must begin submitting all subsequent reports via 
CEDRI. The reports must be submitted by the deadlines specified in this 
subpart, regardless of the method in which the reports are submitted. 
Owners or operators who claim that some of the information required to 
be submitted via CEDRI is CBI shall submit a complete report generated 
using the appropriate form in CEDRI or an alternate electronic file 
consistent with the XML schema listed on the EPA's CEDRI website, 
including information claimed to be CBI,

[[Page 859]]

on a compact disc, flash drive, or other commonly used electronic 
storage medium to the EPA. The electronic medium shall be clearly marked 
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted shall be submitted to the 
EPA via the EPA's CDX as described earlier in this paragraph.
    (g) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, and due to a planned or actual outage of either 
the EPA's CEDRI or CDX systems within the period of time beginning 5 
business days prior to the date that the submission is due, you will be 
or are precluded from accessing CEDRI or CDX and submitting a required 
report within the time prescribed, you may assert a claim of EPA system 
outage for failure to timely comply with the reporting requirement. You 
must submit notification to the Administrator in writing as soon as 
possible following the date you first knew, or through due diligence 
should have known, that the event may cause or caused a delay in 
reporting. You must provide to the Administrator a written description 
identifying the date, time and length of the outage; a rationale for 
attributing the delay in reporting beyond the regulatory deadline to the 
EPA system outage; describe the measures taken or to be taken to 
minimize the delay in reporting; and identify a date by which you 
propose to report, or if you have already met the reporting requirement 
at the time of the notification, the date you reported. In any 
circumstance, the report must be submitted electronically as soon as 
possible after the outage is resolved. The decision to accept the claim 
of EPA system outage and allow an extension to the reporting deadline is 
solely within the discretion of the Administrator.
    (h) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX and a force majeure event is about to occur, 
occurs, or has occurred or there are lingering effects from such an 
event within the period of time beginning 5 business days prior to the 
date the submission is due, the owner or operator may assert a claim of 
force majeure for failure to timely comply with the reporting 
requirement. For the purposes of this section, a force majeure event is 
defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents you from 
complying with the requirement to submit a report electronically within 
the time period prescribed. Examples of such events are acts of nature 
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or 
equipment failure or safety hazard beyond the control of the affected 
facility (e.g., large scale power outage). If you intend to assert a 
claim of force majeure, you must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or caused a delay in reporting. You must provide to the 
Administrator a written description of the force majeure event and a 
rationale for attributing the delay in reporting beyond the regulatory 
deadline to the force majeure event; describe the measures taken or to 
be taken to minimize the delay in reporting; and identify a date by 
which you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the reporting must occur as soon as possible after the 
force majeure event occurs. The decision to accept the claim of force 
majeure and allow an extension to the reporting deadline is solely 
within the discretion of the Administrator.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9623, Mar. 15, 2019]



Sec. 63.4312  What records must I keep?

    You must collect and keep a record of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart, and the documentation supporting each 
notification and report.

[[Page 860]]

    (b) A current copy of information provided by materials suppliers or 
manufacturers, such as manufacturer's formulation data or test data used 
to determine the mass fraction of organic HAP for coating, printing, 
slashing, dyeing, finishing, thinning, and cleaning materials; and the 
mass fraction of solids for coating and printing materials. If you 
conducted testing to determine mass fraction of organic HAP of coating 
materials or the mass fraction of solids of coating materials, you must 
keep a copy of the complete test report. If you use information provided 
to you by the manufacturer or supplier of the material that was based on 
testing, you must keep the summary sheet of results provided to you by 
the manufacturer or supplier. You are not required to obtain the test 
report or other supporting documentation from the manufacturer or 
supplier.
    (c) For each compliance period, the records specified in paragraph 
(c)(1) of this section for web coating/printing operations and the 
records specified in paragraph (c)(2) of this section for dyeing/
finishing operations.
    (1) A record of the web coating/printing operations on which you 
used each compliance option and the time periods (beginning and ending 
dates) you used each option. For each month, a record of all required 
calculations for the compliance option(s) you used, as specified in 
paragraphs (c)(1)(i) through (iv) of this section.
    (i) For the compliant material option, a record of the calculation 
of the organic HAP content, as purchased, for each coating and printing 
material applied, using Equation 1 of Sec. 63.4321.
    (ii) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coating, printing, thinning and cleaning materials applied each 
compliance period using Equations 1, 1A, and 1B of Sec. 63.4331 and, if 
applicable, the calculation used to determine the mass of organic HAP in 
waste materials according to Sec. 63.4331(a)(4)(iii); the calculation 
of the total mass of the solids contained in all coating and printing 
materials applied each compliance period using Equation 2 of Sec. 
63.4331; and the calculation of the organic HAP emission rate for each 
compliance period using Equation 3 of Sec. 63.4331.
    (iii) For the emission rate with add-on controls option, a record of 
the calculation of the total mass of organic HAP emissions before add-on 
controls for the coating, printing, thinning and cleaning materials 
applied each compliance period using Equations 1, 1A, and 1B of Sec. 
63.4331 and, if applicable, the calculation used to determine the mass 
of organic HAP in waste materials according to Sec. 63.4331(a)(4)(iii); 
the calculation of the total mass of the solids contained in all coating 
and printing materials applied each compliance period using Equation 2 
of Sec. 63.4331; the calculation of the mass of organic HAP emission 
reduction by emission capture systems and add-on control devices using 
Equations 1, 1A, 1B, and 1C of Sec. 63.4341 and Equations 2, 3, 3A, and 
3B of Sec. 63.4341, as applicable; and the calculation of the organic 
HAP emission rate for each compliance period using Equation 4 of Sec. 
63.4341.
    (iv) For the organic HAP overall control efficiency option or the 
oxidizer outlet organic HAP concentration option, the records specified 
in paragraph (j) of this section.
    (2) A record of the dyeing/finishing operations on which you used 
each compliance option and the time periods (beginning and ending dates) 
you used each option. For each month, a record of all required 
calculations for the compliance option(s) you used, as specified in 
paragraphs (c)(2)(i) through (iv) of this section.
    (i) For the compliant material option, a purchase record of the mass 
fraction of organic HAP for each dyeing, and finishing material applied, 
according to Sec. 63.4321(e)(1)(iv).
    (ii) For the emission rate without add-on controls option, the 
calculation for the total mass of organic HAP emissions for the dyeing 
and finishing materials applied each compliance period using Equations 4 
and 4A of Sec. 63.4331 and, if applicable, the calculations used to 
determine the mass of organic HAP in waste materials according to Sec. 
63.4331(b)(3)(ii) and the mass of organic HAP contained in wastewater 
discharged to a POTW or treated onsite prior to discharge according to 
Sec. 63.4331(b)(3)(iii); the calculation of the

[[Page 861]]

total mass of dyeing and finishing materials applied each compliance 
period using Equation 5 of Sec. 63.4331; and the calculation of the 
organic HAP emission rate for each compliance period using Equation 6 of 
Sec. 63.4331.
    (iii) For the emission rate with add-on controls option, a record of 
the calculation of the total mass of organic HAP emissions before add-on 
controls for the dyeing and finishing materials applied each compliance 
period using Equations 4 and 4A of Sec. 63.4331 and, if applicable, the 
calculation used to determine the mass of organic HAP in waste materials 
according to Sec. 63.4331(b)(3)(ii) and the determination of the mass 
of organic HAP contained in wastewater discharged to a POTW or treated 
onsite prior to discharge according to Sec. 63.4331(b)(3)(iii); the 
calculation of the total mass of dyeing and finishing materials applied 
each compliance period using Equation 5 of Sec. 63.4331; the 
calculation of the mass of organic HAP emission reduction by emission 
capture systems and add-on control devices using Equations 5, 5A, and 5B 
of Sec. 63.4341 and Equations 6, 7, and 7A of Sec. 63.4341, as 
applicable; and the calculation of the organic HAP emission rate for 
each compliance period using Equation 8 of Sec. 63.4341.
    (iv) For the equivalent emission rate option, a record that your 
dyeing/finishing affected source operated within the operating scenarios 
used to demonstrate initial compliance, documentation that affected 
wastewater was either discharged to a POTW or to onsite secondary 
treatment, and the calculation of the total organic HAP emissions from 
your dyeing/finishing affected source for each compliance period using 
Equation 4 of Sec. 63.4331.
    (d) A record of the name and mass of each regulated material applied 
in the web coating and printing subcategory and the dyeing and finishing 
subcategory during each compliance period. If you are using the 
compliant material option for all regulated materials at the source, you 
may maintain purchase records for each material used rather than a 
record of the mass used.
    (e) A record of the mass fraction of organic HAP for each regulated 
material applied during each compliance period.
    (f) A record of the mass fraction of coating and printing solids for 
each coating and printing material applied during each compliance 
period.
    (g) If you use an allowance in Equation 1 or 4 of Sec. 63.4331 for 
organic HAP contained in waste materials sent to, or designated for 
shipment to, a treatment, storage, and disposal facility (TSDF) 
according to Sec. 63.4331(a)(4)(iii) or (b)(3)(ii), you must keep 
records of the information specified in paragraphs (g)(1) through (3) of 
this section.
    (1) The name and address of each TSDF to which you sent waste 
materials for which you used an allowance in Equation 1 or 4 of Sec. 
63.4331, a statement of which subparts under 40 CFR parts 262, 264, 265, 
and 266 apply to the facility, and the date of each shipment.
    (2) Identification of the web coating/printing or dyeing/finishing 
operations producing waste materials included in each shipment and the 
compliance period(s) in which you used the allowance for these materials 
in Equation 1 or 4, respectively, of Sec. 63.4331.
    (3) The methodology used in accordance with Sec. 63.4331(a)(3)(iii) 
or (b)(4)(ii) to determine the total amount of waste materials sent to 
or the amount collected, stored, and designated for transport to a TSDF 
each compliance period; and the methodology to determine the mass of 
organic HAP contained in these waste materials. This must include the 
sources for all data used in the determination, methods used to generate 
the data, frequency of testing or monitoring, and supporting 
calculations and documentation, including the waste manifest for each 
shipment.
    (h) If you use an allowance in Equation 4 of Sec. 63.4331 for 
organic HAP contained in wastewater discharged to a POTW or treated 
onsite prior to discharge according to Sec. 63.4331(c), you must keep 
records of the information specified in paragraphs (h)(1) and (2) of 
this section.
    (1) Documentation that the wastewater was either discharged to a 
POTW or onsite secondary wastewater treatment.

[[Page 862]]

    (2) Calculation of the allowance, WW, using the fraction of organic 
HAP applied in affected processes that is discharged to the wastewater 
determined from the most recent performance test and the mass of organic 
HAP in the dyeing and finishing materials applied during the compliance 
period, A, calculated in Equation 4 of Sec. 63.4331.
    (i) Before September 12, 2019, you must keep records of the date, 
time, and duration of each deviation. On and after September 12, 2019, 
for each deviation from an emission limitation reported under Sec. 
63.4311(a)(5) through (8), a record of the information specified in 
paragraphs (i)(1) through (4) of this section, as applicable.
    (1) The date, time, and duration of the deviation, as reported under 
Sec. 63.4311(a)(5) through (8).
    (2) A list of the affected sources or equipment for which the 
deviation occurred and the cause of the deviation, as reported under 
Sec. 63.4311(a)(5) through (8).
    (3) An estimate of the quantity of each regulated pollutant emitted 
over any applicable emission limit in Table 1 to this subpart or any 
applicable operating limit in Table 2 to this subpart, and a description 
of the method used to calculate the estimate, as reported under Sec. 
63.4311(a)(5) through (8). If you use the equivalent emission rate 
option to comply with this subpart, a record of the applicable 
information specified in Sec. 63.4311(a)(8)(ii) through (iv) satisfies 
the recordkeeping requirement in this paragraph (i)(3).
    (4) A record of actions taken to minimize emissions in accordance 
with Sec. 63.4300(b) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (j) If you use the emission rate with add-on controls option, the 
organic HAP overall control efficiency option, or the oxidizer outlet 
organic HAP concentration option, you must also keep the records 
specified in paragraphs (j)(1) through (8) of this section.
    (1) Before September 12, 2019, for each deviation, a record of 
whether the deviation occurred during a period of startup, shutdown, or 
malfunction. The record in this paragraph (j)(1) is not required on and 
after September 12, 2019.
    (2) Before September 12, 2019, the records in Sec. 63.6(e)(3)(iii) 
through (v) related to startup, shutdown, and malfunction. The records 
in this paragraph (j)(2) are not required on and after September 12, 
2019.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 2 to this subpart that applies to 
you.
    (4) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec. 63.4361(a).
    (5) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec. 63.4360 and 63.4361(b) through (e) 
including the records specified in paragraphs (j)(5)(i) through (iii) of 
this section that apply to you.
    (i) Records for a liquid-to-fugitive protocol using a temporary 
total enclosure or building enclosure. Records of the mass of total 
volatile hydrocarbon (TVH) as measured by Method 204A or F of appendix M 
to 40 CFR part 51 for each regulated material applied in the web 
coating/printing or dyeing/finishing operation, and the total TVH for 
all materials applied during each capture efficiency test run, including 
a copy of the test report. Records of the mass of TVH emissions not 
captured by the capture system that exited the temporary total enclosure 
or building enclosure during each capture efficiency test run, as 
measured by Method 204D or E of appendix M to 40 CFR part 51, including 
a copy of the test report. Records documenting that the enclosure used 
for the capture efficiency test met the criteria in Method 204 of 
appendix M to 40 CFR part 51 for either a temporary total enclosure or a 
building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or C 
of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device, including a copy of

[[Page 863]]

the test report. Records of the mass of TVH emissions not captured by 
the capture system that exited the temporary total enclosure or building 
enclosure during each capture efficiency test run as measured by Method 
204D or E of appendix M to 40 CFR part 51, including a copy of the test 
report. Records documenting that the enclosure used for the capture 
efficiency test met the criteria in Method 204 of appendix M to 40 CFR 
part 51 for either a temporary total enclosure or a building enclosure.
    (iii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec. 63.4361(e), if applicable.
    (6) The records specified in paragraphs (j)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination or oxidizer outlet organic HAP 
concentration determination as specified in Sec. 63.4362.
    (i) Records of each add-on control device performance test conducted 
according to Sec. Sec. 63.4360 and 63.4362.
    (ii) Records of the web coating/printing or dyeing/finishing 
operation conditions during the add-on control device performance test 
showing that the performance test was conducted under representative 
operating conditions.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as specified 
in Sec. 63.4363 and to document compliance with the operating limits as 
specified in Table 2 to this subpart.
    (8) A record of the work practice plan required by Sec. 63.4293 and 
documentation that you are implementing the plan on a continuous basis.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9626, Mar. 15, 2019]



Sec. 63.4313  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). Where 
appropriate, the records may be maintained as electronic spreadsheets or 
as a database. Any records required to be maintained by this subpart 
that are in reports that were 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.
    (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 may keep the 
records off site for the remaining 3 years.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9627, Mar. 15, 2019]

        Compliance Requirements for the Compliant Material Option



Sec. 63.4320  By what date must I conduct the initial compliance
demonstration?

    You must complete the compliance demonstration for the initial 
compliance period according to the requirements in Sec. 63.4321. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4283 and ends on the last day of the first full 
month after the compliance date. The initial compliance demonstration 
includes the calculations according to Sec. 63.4321 and supporting 
documentation showing that, during the initial compliance period, the 
organic HAP content of each coating and printing material you applied 
and the mass fraction of organic HAP in each slashing, dyeing, and 
finishing material you applied did not exceed the applicable limit in 
Table 1 to this subpart, and documentation that in web coating/printing 
operations you applied only thinners and cleaners that contained no 
organic HAP as defined in Sec. 63.4371.

[[Page 864]]



Sec. 63.4321  How do I demonstrate initial compliance with 
the emission limitations?

    (a) You may use the compliant material option for any individual web 
coating/printing operation, for any group of web coating/printing 
operations in the affected source, or for all the web coating/printing 
operations in the affected source. You must use either the emission rate 
without add-on controls option, the emission rate with add-on controls 
option, the organic HAP overall control efficiency option, or the 
oxidizer outlet organic HAP concentration option for any web coating/
printing operation(s) in the affected source for which you do not use 
this option. For a web coating/printing affected source to demonstrate 
initial compliance using the compliant material option, the web coating/
printing operation or group of web coating/printing operations must 
apply no coating or printing material with an organic HAP content that 
exceeds the applicable emission limit in Table 1 to this subpart and 
must apply only thinning or cleaning material that contains no organic 
HAP, as defined in Sec. 63.4371.
    (b) You must use the compliant material option for each slashing 
affected source, as required in Table 1 to this subpart. For a slashing 
affected source to demonstrate initial compliance using the compliant 
material option, the slashing operation or group of slashing operations 
must apply only slashing material with no organic HAP as defined in 
Sec. 63.4371.
    (c) You may use the compliant material option for any individual 
dyeing/finishing operation, for any group of dyeing/finishing operations 
in the affected source, or for all the dyeing/finishing operations in 
the affected source. You must use either the emission rate without add-
on controls option or the emission rate with add-on controls option for 
any dyeing/finishing operations in the affected source for which you do 
not use this option. You may not use the compliant material option for 
any dyeing/finishing operation in a dyeing/finishing affected source for 
which you use the equivalent emission rate option. For a dyeing/
finishing affected source to demonstrate initial compliance using the 
compliant material option, the dyeing/finishing operation or group of 
dyeing/finishing operations must apply no dyeing or finishing material 
with a mass fraction of organic HAP that exceeds the applicable emission 
limit in Table 1 to this subpart.
    (d) Any web coating/printing operation, slashing operation, or 
dyeing/finishing operation for which you use the compliant material 
option is not required to meet the operating limits or work practice 
standards required in Sec. Sec. 63.4292 and 63.4293, respectively.
    (e) To demonstrate initial compliance with the emission limitations 
using the compliant material option, you must meet all the requirements 
of this section for any web coating/printing operation, slashing 
operation, or dyeing/finishing operation using this option. Use the 
applicable procedures in this section on each regulated material in the 
condition it is in when it is received from its manufacturer or supplier 
and prior to any alteration. You do not need to redetermine the organic 
HAP content of regulated materials that are reclaimed onsite and reused 
in the web coating/printing operation, slashing operation, or dyeing/
finishing operation for which you use the compliant material option, 
provided these regulated materials in their condition as received were 
demonstrated to comply with the compliant material option.
    (1) Determine the mass fraction of organic HAP for each material. 
You must determine the mass fraction of organic HAP for each regulated 
material applied during the compliance period by using one of the 
options in paragraphs (e)(1)(i) through (v) of this section. You must 
use the option in paragraph (e)(1)(iv) of this section for each 
printing, slashing, dyeing, or finishing material applied during the 
compliance period.
    (i) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the procedures 
specified in paragraphs (e)(1)(i)(A) and (B) of this section when 
performing a Method 311 test.
    (A) Count each organic HAP in Table 6 to this subpart that is 
measured to be present at 0.1 percent by mass or more

[[Page 865]]

and at 1.0 percent by mass or more for other compounds. For example, if 
toluene (not listed in Table 6 to this subpart) is measured to be 0.5 
percent of the material by mass, you don't have to count it. Express the 
mass fraction of each organic HAP you count as a value truncated to no 
more than four places after the decimal point (e.g., 0.3791).
    (B) Calculate the total mass fraction of organic HAP in the 
regulated material being tested by adding up the individual organic HAP 
mass fractions and truncating the result to no more than three places 
after the decimal point (e.g., 0.763).
    (ii) Method 24 in appendix A-7 of part 60. You may use Method 24 to 
determine the mass fraction of nonaqueous volatile matter and use that 
value as a substitute for mass fraction of organic HAP. As an 
alternative to using Method 24, you may use ASTM D2369-10 (R2015), 
``Test Method for Volatile Content of Coatings'' (incorporated by 
reference, see Sec. 63.14). For a multi-component coating with reactive 
chemicals, you may use Method 24 or ASTM D2369-10 (R2015) on the coating 
as applied to determine the mass fraction of nonaqueous volatile matter 
and use that value as a substitute for the mass fraction of organic HAP 
determined from the sum of organic HAP in each component.
    (iii) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP, mass fraction of solids, 
or fraction of organic HAP emitted from a reactive coating once the 
Administrator has approved it. You must follow the procedure in Sec. 
63.7(f) to submit an alternative test method for approval.
    (iv) 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 (e)(1)(i) through (iii) of this section, 
such as manufacturer's formulation data, if it represents each organic 
HAP in Table 6 to this subpart that is present at 0.1 percent by mass or 
more and at 1.0 percent by mass or more for other compounds. For 
example, if toluene (not listed in Table 6 to this subpart) is 0.5 
percent of the material by mass, you do not have to count it. If there 
is a disagreement between such information and results of a test 
conducted according to paragraphs (e)(1)(i) through (iii) of this 
section on coating, thinning, or cleaning material, then the test method 
results will take precedence. Information from the supplier or 
manufacturer of the printing, slashing, dyeing, or finishing material is 
sufficient for determining the mass fraction of organic HAP.
    (v) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in these 
solvent blends listed in Table 4 or 5 to this subpart. If you use the 
tables, you must use the values in Table 4 for all solvent blends that 
match Table 4 entries, and you may only use Table 5 if the solvent 
blends in the materials you use do not match any of the solvent blends 
in Table 4 and you only know whether the blend is aliphatic or aromatic. 
However, if the results of a Method 311 test indicate higher values than 
those listed on Table 4 or 5 to this subpart, the Method 311 results 
will take precedence.
    (2) Determine the mass fraction of solids for each coating and 
printing material. You must determine the mass fraction of solids (kg of 
solids per kg of coating or printing material) for each coating material 
applied during the compliance period by a test or by information 
provided by the supplier or the manufacturer of the material, as 
specified in paragraphs (e)(2)(i) through (iii) of this section. If test 
results obtained according to paragraph (e)(2)(i) or (ii) of this 
section for a coating material do not agree with the information 
obtained under paragraph (e)(2)(iii) of this section, the test results 
will take precedence. To determine mass fraction of solids for each 
printing material applied during the compliance period, you should use 
information provided by the supplier or manufacturer of the material, as 
specified in paragraph (e)(2)(iii) of this section.

[[Page 866]]

    (i) Method 24 in appendix A-7 of part 60. You may use Method 24 for 
determining the mass fraction of solids of coating materials. As an 
alternative to using Method 24, you may use ASTM D2369-10 (R2015), 
``Test Method for Volatile Content of Coatings'' (incorporated by 
reference, see Sec. 63.14).
    (ii) Alternative method. You may use an alternative test method for 
determining solids content of each coating material once the 
Administrator has approved it. You must follow the procedure in Sec. 
63.7(f) to submit an alternative test method for approval.
    (iii) Information from the supplier or manufacturer of the material. 
You may obtain the mass fraction of solids for each coating and printing 
material from the supplier or manufacturer. If there is disagreement 
between such information and the test method results for a coating 
material, then the test method results will take precedence.
    (3) Calculate the organic HAP content of each coating or printing 
material. Calculate the organic HAP content, kg organic HAP per kg of 
solids, of each coating and printing material applied during the 
compliance period, using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.000

Where:

Hc = Organic HAP content of the coating or printing material, 
          kg organic HAP per kg solids in the coating or printing 
          material.
Wc = Mass fraction of organic HAP in the coating or printing 
          material, kg organic HAP per kg material, determined according 
          to paragraph (e)(1) of this section.
Wf = Mass fraction of solids in coating or printing material, 
          kg solids per kg of coating or printing material, determined 
          according to paragraph (e)(2) of this section.

    (4) Compliance demonstration. The calculated organic HAP content for 
each coating and printing material applied during the initial compliance 
period must be less than or equal to the applicable emission limit in 
Table 1 to this subpart, and each thinning and cleaning material applied 
during the initial compliance period must contain no organic HAP as 
defined in Sec. 63.4371. Each slashing material applied during the 
initial compliance period must contain no organic HAP as defined in 
Sec. 63.4371. The mass fraction of organic HAP for each dyeing and 
finishing material applied during the initial compliance period, 
determined according to paragraph (e)(1)(iv) of this section, must be 
less than or equal to the applicable emission limit in Table 1 to this 
subpart. You must keep all records required by Sec. Sec. 63.4312 and 
63.4313. As part of the Notification of Compliance Status required in 
Sec. 63.4310, you must:
    (i) Identify any web coating/printing operation, slashing operation, 
and dyeing/finishing operation for which you used the compliant material 
option;
    (ii) Submit a statement that the web coating/printing operation(s) 
was (were) in compliance with the emission limitations during the 
initial compliance period because you applied no coating and printing 
material for which the organic HAP content exceeds the applicable 
emission limit in Table 1 to this subpart, and you applied only thinning 
materials and cleaning materials that contained no organic HAP, as 
defined in Sec. 63.4371;
    (iii) Submit a statement that the slashing operation(s) was (were) 
in compliance with the emission limitations during the initial 
compliance period because you applied only slashing materials that 
contained no organic HAP, as defined in Sec. 63.4371; and
    (iv) Submit a statement that the dyeing/finishing operation(s) was 
(were) in compliance with the emission limitations during the initial 
compliance period because you applied no dyeing and finishing material 
for which the mass fraction of organic HAP exceeds the applicable 
emission limit in Table 1 to this subpart.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9627, Mar. 15, 2019]



Sec. 63.4322  How do I demonstrate continuous compliance
with the emission limitations?

    (a) For each compliance period, to demonstrate continuous 
compliance, you must apply no coating or printing material for which the 
organic HAP content determined using Equation 1 of Sec. 63.4321, 
exceeds the applicable emission limit in Table 1 to this subpart. For 
each compliance period, to demonstrate continuous compliance, you

[[Page 867]]

must apply only slashing material that contains no organic HAP as 
defined in Sec. 63.4371. For each compliance period, to demonstrate 
continuous compliance, you must apply no dyeing or finishing material 
for which the mass fraction of organic HAP, determined according to the 
requirements of Sec. 63.4321(e)(1)(iv), exceeds the applicable emission 
limit in Table 1 to this subpart. For each compliance period, you must 
apply only thinning or cleaning materials that contain no organic HAP 
(as defined in Sec. 63.4371) in a coating/printing affected source. 
Each month following the initial compliance period described in Sec. 
63.4320 is a compliance period.
    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the application of any regulated material 
that does not meet the criteria specified in paragraph (a) of this 
section is a deviation from the emission limitations that must be 
reported as specified in Sec. Sec. 63.4310(c)(6) and 63.4311(a)(5).
    (c) As part of each semiannual compliance report required by Sec. 
63.4311, you must identify any web coating/printing operation, slashing 
operation, or dyeing/finishing operation for which you used the 
compliant material option. If there were no deviations from the 
applicable emission limit in Table 1 to this subpart, submit a statement 
that, as appropriate, the web coating/printing operations were in 
compliance with the emission limitations during the reporting period 
because you applied no coating or printing material for which the 
organic HAP content exceeded the applicable emission limit in Table 1 to 
this subpart, and you applied only thinning and cleaning materials that 
contained no organic HAP (as defined in Sec. 63.4371) in a web coating/
printing affected source; the slashing operations were in compliance 
with the emission limitations during the reporting period because you 
applied only slashing materials with no organic HAP (as defined in Sec. 
63.4371) in a slashing affected source; and the dyeing/finishing 
operations were in compliance with the emission limitations during the 
reporting period because you applied no dyeing or finishing material for 
which the mass fraction of organic HAP exceeded the applicable emission 
limit in Table 1 to this subpart.
    (d) You must maintain records as specified in Sec. Sec. 63.4312 and 
63.4313.

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option



Sec. 63.4330  By what date must I conduct the initial compliance
demonstration?

    You must complete the compliance demonstration for the initial 
compliance period according to the requirements of Sec. 63.4331. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4283 and ends on the last day of the 12th full 
month after the compliance date. The initial compliance demonstration 
includes the calculations according to Sec. 63.4331 and supporting 
documentation showing that for web coating/printing operations, the 
organic HAP emission rate for the initial compliance period was equal to 
or less than the applicable emission limit in Table 1 to this subpart 
and for dyeing/finishing operations, the mass fraction of organic HAP 
for the initial compliance period was less than or equal to the 
applicable emission limit in Table 1 to this subpart.



Sec. 63.4331  How do I demonstrate initial compliance with
the emission limitations?

    (a) For web coating/printing operations, you may use the emission 
rate without add-on controls option for any individual web coating/
printing operation, for any group of web coating/printing operations in 
the affected source, or for all the web coating/printing operations as a 
group in the affected source. You must use either the compliant material 
option, the emission rate with add-on controls option, the organic HAP 
overall control efficiency option, or the oxidizer outlet organic HAP 
concentration option for any web coating/printing operation in the 
affected source for which you do not use this option. To demonstrate 
initial compliance using the emission rate without add-on controls 
option, the web coating/printing operation or

[[Page 868]]

group of web coating/printing operations must meet the applicable 
emission limit in Table 1 to this subpart but is not required to meet 
the operating limits or work practice standards in Sec. Sec. 63.4292 
and 63.4293, respectively. You must meet all the requirements of 
paragraphs (a)(1) through (7) of this section to demonstrate initial 
compliance with the applicable emission limit in Table 1 to this subpart 
for the web coating/printing operation(s). When calculating the organic 
HAP emission rate according to this section, do not include any coating, 
printing, thinning, or cleaning materials applied on web coating/
printing operations for which you use the compliant material option, the 
emission rate with add-on controls option, the organic HAP overall 
control efficiency option, or the oxidizer outlet organic HAP 
concentration option. Use the procedures in this section on each 
regulated material in the condition it is in when it is received from 
its manufacturer or supplier and prior to any alteration.
    (1) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each coating, printing, 
thinning, and cleaning material applied during the compliance period 
according to the requirements in Sec. 63.4321(e)(1).
    (2) Determine the mass fraction of solids for each material. 
Determine the mass fraction of solids (kg of solids per kg of coating or 
printing material) for each coating and printing material applied during 
the compliance period according to the requirements in Sec. 
63.4321(e)(2).
    (3) Determine the mass of each material. Determine the mass (kg) of 
each coating, printing, thinning, or cleaning material applied during 
the compliance period by measurement or usage records.
    (4) Calculate the mass of organic HAP emissions. The mass of organic 
HAP emissions is the combined mass of organic HAP contained in all 
coating, printing, thinning, and cleaning materials applied during the 
compliance period minus the organic HAP in certain waste materials. 
Calculate the mass of organic HAP emissions using Equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.001

Where:

He = Mass of organic HAP emissions during the compliance 
          period, kg.
A = Total mass of organic HAP in the coating and printing materials 
          applied during the compliance period, kg, as calculated in 
          Equation 1A of this section.
B = Total mass of organic HAP in the thinning and cleaning materials 
          applied during the compliance period, kg, as calculated in 
          Equation 1B of this section.
Rw = Total mass of organic HAP in waste materials sent or 
          designated for shipment to a hazardous waste TSDF for 
          treatment or disposal during the compliance period, kg, 
          determined according to paragraph (a)(4)(iii) of this section. 
          (You may assign a value of zero to Rw if you do not 
          wish to use this allowance.)

    (i) Calculate the kg organic HAP in the coating and printing 
materials applied during the compliance period using Equation 1A of this 
section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.002

Where:

A = Total mass of organic HAP in the coating and printing materials 
          applied during the compliance period, kg.
Mc, i = Total mass of coating or printing material, i, 
          applied during the compliance period, kg.
Wc, i = Mass fraction of organic HAP in coating or printing 
          material, i, kg organic HAP per kg of material.
m = Number of different coating and printing, materials applied during 
          the compliance period.

    (ii) Calculate the kg of organic HAP in the thinning and cleaning 
materials applied during the compliance period using Equation 1B of this 
section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.003

Where:

B = Total mass of organic HAP in the thinning and cleaning materials 
          applied during the compliance period, kg.
Mt, j = Total mass of thinning or cleaning material, j, 
          applied during the compliance period, kg.
Wt, j = Mass fraction of organic HAP in thinning or cleaning 
          material, j, kg organic HAP per kg thinning or cleaning 
          material.
n = Number of different thinning and cleaning materials applied during 
          the compliance period.


[[Page 869]]


    (iii) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF in Equation 1 of this section, then you must determine it according 
to paragraphs (a)(4)(iii)(A) through (D) of this section.
    (A) You may include in the determination only waste materials that 
are generated by web coating/printing operations in the affected source 
for which you use Equation 1 of this section and that will be treated or 
disposed of by a facility that is regulated as a TSDF under 40 CFR part 
262, 264, 265, or 266. The TSDF may be either off-site or on-site. You 
may not include organic HAP contained in wastewater.
    (B) You must determine either the amount of the waste materials sent 
to a TSDF during the compliance period or the amount collected and 
stored during the compliance period designated for future transport to a 
TSDF. Do not include in your determination any waste materials sent to a 
TSDF during a compliance period if you have already included them in the 
amount collected and stored during that compliance period or a previous 
compliance period.
    (C) Determine the total mass of organic HAP contained in the waste 
materials specified in paragraph (a)(4)(iii)(B) of this section.
    (D) You must document the methodology you use to determine the 
amount of waste materials and the total mass of organic HAP they 
contain, as required in Sec. 63.4312(g). To the extent that waste 
manifests include this, they may be used as part of the documentation of 
the amount of waste materials and mass of organic HAP contained in them.
    (5) Calculate the total mass of coating and printing solids. 
Determine the total mass of coating and printing solids applied, kg, 
which is the combined mass of the solids contained in all the coating 
and printing materials applied during the compliance period, using 
Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.004

Where:

Ht = Total mass of solids contained in coating and printing 
          materials applied during the compliance period, kg.
Mc, i = Mass of coating or printing material, i, applied 
          during the compliance period, kg.
Wf, i = mass fraction of solids in coating or printing 
          material, i, applied during the compliance period, kg solids 
          per kg of coating or printing material.
m = Number of coating and printing materials applied during the 
          compliance period.

    (6) Calculate the organic HAP emission rate for the compliance 
period, kg organic HAP emitted per kg solids used, using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.005

Where:

Hyr = Organic HAP emission rate for the compliance period, kg 
          of organic HAP emitted per kg of solids in coating and 
          printing materials applied.
He = Total mass organic HAP emissions from all coating, 
          printing, thinning, and cleaning materials applied during the 
          compliance period, kg, as calculated by Equation 1 of this 
          section.
Ht = Total mass of coating and printing solids in materials 
          applied during the compliance period, kg, as calculated by 
          Equation 2 of this section.

    (7) Compliance demonstration. The organic HAP emission rate for the 
initial compliance period must be less than or equal to the applicable 
emission limit in Table 1 to this subpart. You must keep all records as 
required by Sec. Sec. 63.4312 and 63.4313. As part of the Notification 
of Compliance Status required by Sec. 63.4310, you must identify the 
web coating/printing operation(s) for which you used the emission rate 
without add-on controls option and submit a statement that the web 
coating/printing operation(s) was (were) in compliance with the emission 
limitations during the initial compliance period because the organic HAP 
emission rate was less than, or equal to, the applicable emission limit 
in Table 1 to this subpart.
    (b) For dyeing and finishing operations, you may use the emission 
rate without add-on controls option for any individual dyeing/finishing 
operation, for any group of dyeing/finishing operations in the affected 
source, or for

[[Page 870]]

dyeing/finishing operations as a group in the affected source. You must 
use either the compliant material option or the emission rate with add-
on controls option for any dyeing/finishing operation in the affected 
source for which you do not use this option. You may not use the 
emission rate without add-on controls option for any dyeing/finishing 
operation in a dyeing/finishing affected source for which you use the 
equivalent emission rate option. To demonstrate initial compliance using 
the emission rate without add-on controls option, the dyeing/finishing 
operation or group of operations must meet the applicable emission limit 
in Table 1 to this subpart but is not required to meet the operating 
limits or work practice standards in Sec. Sec. 63.4292 and 63.4293, 
respectively. You must meet all the requirements of paragraphs (b)(1) 
through (6) of this section to demonstrate initial compliance with the 
applicable emission limit in Table 1 to this subpart for the dyeing/
finishing operation(s). When calculating the organic HAP emission rate 
according to this section, do not include any dyeing and finishing 
materials applied on dyeing/finishing operations for which you use the 
compliant material option or the emission rate with add-on controls 
option. Use the procedures in this section on each regulated material in 
the condition it is in when it is received from its manufacturer or 
supplier and prior to any alteration. Water added in mixing at the 
affected source is not a regulated material and should not be included 
in the determination of the total mass of dyeing and finishing materials 
applied during the compliance period, using Equation 5 of this section.
    (1) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each dyeing and finishing 
material applied during the compliance period according to the 
requirements in Sec. 63.4321(e)(1)(iv).
    (2) Determine the mass of each material. Determine the mass (kg) of 
each dyeing and finishing material applied during the compliance period 
by measurement or usage records.
    (3) Calculate the mass of organic HAP emissions. The mass of organic 
HAP emissions is the combined mass of organic HAP contained in all 
dyeing and finishing materials applied during the compliance period 
minus the organic HAP in certain waste materials and wastewater streams. 
Calculate the mass of organic HAP emissions using Equation 4 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.006

Where:

He = Mass of organic HAP emissions during the compliance 
          period, kg.
A = Total mass of organic HAP in the dyeing and finishing materials 
          applied during the compliance period, kg, as calculated in 
          Equation 4A of this section.
Rw = Total mass of organic HAP in waste materials sent or 
          designated for shipment to a hazardous waste TSDF for 
          treatment or disposal during the compliance period, kg, 
          determined according to paragraph (b)(3)(ii) of this section. 
          (You may assign a value of zero to Rw if you do not 
          wish to use this allowance.)
WW = Total mass of organic HAP in wastewater discharged to a POTW or 
          receiving onsite secondary treatment during the compliance 
          period, kg, determined according to paragraph (b)(3)(iii) of 
          this section. (You may assign a value of zero to WW if you do 
          not wish to use this allowance.)

    (i) Calculate the kg organic HAP in the dyeing and finishing 
materials applied during the compliance period using Equation 4A of this 
section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.007

Where:

A = Total mass of organic HAP in the dyeing and finishing materials 
          applied during the compliance period, kg.
Mc, i = Mass of dyeing or finishing material, i, applied 
          during the compliance period, kg.
Wc, i = Mass fraction of organic HAP in dyeing or finishing 
          material, i, kg organic HAP per kg of material.
m = Number of dyeing and finishing materials applied during the 
          compliance period.

    (ii) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF in Equation 4 of this section, then you

[[Page 871]]

must determine it according to paragraphs (b)(3)(ii)(A) through (D) of 
this section.
    (A) You may include in the determination only waste materials that 
are generated by dyeing/finishing operations in the affected source for 
which you use Equation 4 of this section and that will be treated or 
disposed of by a facility that is regulated as a TSDF under 40 CFR part 
262, 264, 265, or 266. The TSDF may be either off-site or on-site. You 
may not include organic HAP contained in wastewater.
    (B) You must determine either the amount of the waste materials sent 
to a TSDF during the compliance period or the amount collected and 
stored during the compliance period designated for future transport to a 
TSDF. Do not include in your determination any waste materials sent to a 
TSDF during a compliance period if you have already included them in the 
amount collected and stored during that compliance period or a previous 
compliance period.
    (C) Determine the total mass of organic HAP contained in the waste 
materials specified in paragraph (b)(3)(ii)(B) of this section.
    (D) You must document the methodology you use to determine the 
amount of waste materials and the total mass of organic HAP they 
contain, as required in Sec. 63.4312(g). To the extent that waste 
manifests include this, they may be used as part of the documentation of 
the amount of waste materials and mass of organic HAP contained in them.
    (iii) If you choose to account for the mass of organic HAP contained 
in wastewater discharged to a POTW or treated onsite prior to discharge 
in Equation 4 of this section, then you must determine it according to 
paragraph (c) of this section.
    (4) Calculate the total mass of dyeing and finishing materials. 
Determine the total mass of dyeing and finishing materials applied, kg, 
which is the combined mass of all the dyeing and finishing materials 
applied during the compliance period, using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.008

Where:

Mt = Total mass of dyeing and finishing materials applied 
          during the compliance period, kg.
Mc, i = Mass of dyeing or finishing material, i, applied 
          during the compliance period, kg.
m = Number of dyeing and finishing materials applied during the 
          compliance period.

    (5) Calculate the organic HAP emission rate, kg organic HAP emitted 
per kg dyeing and finishing material applied, using Equation 6 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.009

Where:

Hyr = The organic HAP emission rate for the compliance 
          period, kg of organic HAP emitted per kg of dyeing and 
          finishing materials.
He = Total mass of organic HAP emissions during the 
          compliance period, kg, as calculated by Equation 4 of this 
          section.
Mt = Total mass of dyeing and finishing materials applied 
          during the compliance period, kg, as calculated by Equation 5 
          of this section.

    (6) Compliance demonstration. The organic HAP emission rate for the 
initial compliance period must be less than or equal to the applicable 
emission limit in Table 1 to this subpart. You must keep all records as 
required by Sec. Sec. 63.4312 and 63.4313. As part of the Notification 
of Compliance Status required by Sec. 63.4310, you must identify the 
dyeing/finishing operation(s) for which you used the emission rate 
without add-on controls option and submit a statement that the dyeing/
finishing operation(s) was (were) in compliance with the emission 
limitations during the initial compliance period because the organic HAP 
emission rate was less than or equal to the applicable emission limit in 
Table 1 to this subpart.
    (i) If your affected source performs only dyeing operations, 
paragraphs (b)(1) through (5) of this section apply to dyeing materials 
only, and you must demonstrate compliance with the emission limit in 
Table 1 to this subpart for dyeing operations.

[[Page 872]]

    (ii) If your affected source performs only finishing operations, 
paragraphs (b)(1) through (5) of this section apply to finishing 
materials only, and you must demonstrate compliance with the emission 
limit in Table 1 to this subpart for finishing operations.
    (iii) If your affected source performs both dyeing and finishing 
operations, paragraphs (b)(1) through (5) of this section apply to 
dyeing and finishing materials combined, and you must demonstrate 
compliance with the emission limit in Table 1 to this subpart for dyeing 
and finishing operations.
    (c) If you choose to account for the mass of organic HAP contained 
in wastewater discharged to a POTW or treated onsite prior to discharge 
in Equation 4 of this section, then you must determine it according to 
paragraphs (c)(1) through (5) of this section. You may include in the 
determination only wastewater streams that are generated by dyeing/
finishing operations in the affected source for which you use Equation 4 
of this section. You must determine the mass of organic HAP from the 
average organic HAP concentration and mass flow rate of each wastewater 
stream generated by the affected dyeing/finishing operation (or group of 
dyeing/finishing operations discharging to a common wastewater stream) 
for which you use this allowance. You must consider the actual or 
anticipated production over the compliance period and include all 
wastewater streams generated by the affected dyeing/finishing 
operation(s) during this period. A performance test of the organic HAP 
loading to the wastewater shall be performed for each operating 
scenario, as defined in Sec. 63.4371, during the compliance period.
    (1) Procedure to determine average organic HAP concentration. You 
must determine the average organic HAP concentration, Hw, of 
each wastewater stream according to paragraphs (c)(1)(i) through (vi) of 
this section.
    (i) Sampling. Wastewater samples may be grab samples or composite 
samples. Samples shall be taken at approximately equally spaced time 
intervals over a 1-hour period (or over the period that wastewater is 
being discharged from a batch process if it is shorter than a 1-hour 
period). Each 1-hour period constitutes a run, and a performance test 
shall consist of a minimum of 3 runs.
    (ii) Methods. You may use any of the methods specified in paragraphs 
(c)(1)(ii)(A) through (E) of this section to determine the organic HAP 
content of the wastewater stream. The method shall be an analytical 
method for wastewater which has the organic HAP compound discharged to 
the wastewater as a target analyte.
    (A) Method 305. Use procedures specified in Method 305 of 40 CFR 
part 63, appendix A.
    (B) Methods 624 and 625. Use procedures specified in Method 624 and 
Method 625 of 40 CFR part 136, appendix A and comply with the sampling 
protocol requirements specified in paragraph (c)(1)(iii) of this 
section. If these methods are used to analyze one or more compounds that 
are not on the method's published list of approved compounds, the 
Alternative Test Procedure specified in 40 CFR 136.4 and 136.5 shall be 
followed. For Method 625, make corrections to the compounds for which 
the analysis is being conducted based on the accuracy as recovery 
factors in Table 7 of the method.
    (C) Methods 1624 and 1625. Use procedures specified in Method 1624 
and Method 1625 of 40 CFR part 136, appendix A and comply with the 
sampling protocol requirements specified in paragraph (c)(1)(iii) of 
this section. If these methods are used to analyze one or more compounds 
that are not on the method's published list of approved compounds, the 
Alternative Test Procedure specified in 40 CFR 136.4 and 136.5 shall be 
followed.
    (D) Other EPA method(s). Use procedures specified in the method and 
comply with the requirements specified in paragraphs (c)(1)(iii) and 
either paragraph (c)(1)(iv)(A) or (B) of this section.
    (E) Methods other than EPA method. Use procedures specified in the 
method and comply with the requirements specified in paragraphs 
(c)(1)(iii) and paragraph (c)(1)(iv)(A) of this section.
    (iii) Sampling plan. If you have been expressly referred to this 
paragraph by provisions of this subpart, you shall prepare a sampling 
plan. Wastewater samples shall be collected using sampling procedures 
which minimize loss

[[Page 873]]

of organic compounds during sample collection and analysis and maintain 
sample integrity. The sampling plan shall include procedures for 
determining recovery efficiency of the relevant organic HAP. An example 
of an example sampling plan would be one that incorporates similar 
sampling and sample handling requirements to those of Method 25D of 40 
CFR part 60, appendix A. You shall maintain the sampling plan at the 
facility.
    (iv) Validation of methods. You shall validate EPA methods other 
than Methods 305, 624, 625, 1624, 1625 using the procedures specified in 
paragraph (c)(1)(iv)(A) or (B) of this section.
    (A) Validation of EPA methods and other methods. The method used to 
measure organic HAP concentrations in the wastewater shall be validated 
according to section 5.1 or 5.3, and the corresponding calculations in 
section 6.1 or 6.3, of Method 301 of appendix A of this part. The data 
are acceptable if they meet the criteria specified in section 6.1.5 or 
6.3.3 of Method 301 of appendix A of this part. If correction is 
required under section 6.3.3 of Method 301 of appendix A of this part, 
the data are acceptable if the correction factor is within the range 0.7 
to 1.30. Other sections of Method 301 of appendix A of this part are not 
required.
    (B) Validation for EPA methods. Follow the procedures as specified 
in ``Alternative Validation Procedure for EPA Waste Methods'' 40 CFR 
part 63, appendix D.
    (v) Calculate the average concentration. You shall calculate the 
average concentration for each individually speciated organic HAP 
compound by adding the individual values determined for the specific 
compound in each sample and dividing by the number of samples.
    (vi) Adjustment for concentrations determined downstream of the 
point of determination. You shall make corrections to the specific 
compound average concentration or total organic HAP average 
concentration when the concentration is determined downstream of the 
point of determination at a location where either wastewater streams 
from outside of the affected dyeing/finishing operation or group of 
dyeing/finishing operations have been mixed with the affected wastewater 
stream or one or more affected wastewater streams have been treated. You 
shall make the adjustments either to the individual data points or to 
the final average organic HAP concentration.
    (2) Procedures to determine mass flow rate. For each operating 
scenario, as defined in Sec. 63.4371, for which you have determined the 
organic HAP content of the wastewater stream, you shall determine the 
annual average mass flow rate, Fw, of the wastewater stream 
either at the point of determination or downstream of the point of 
determination with adjustment for flow rate changes made according to 
paragraph (c)(2)(ii) of this section. The annual average mass flow rate 
for the wastewater stream shall be representative of actual or 
anticipated operation of the dyeing/finishing operation(s) generating 
the wastewater over the compliance period. You must determine the annual 
average mass flow rate of each wastewater stream according to paragraphs 
(c)(2)(i) and (ii) of this section.
    (i) Procedures. The procedures specified in paragraphs (c)(2)(i)(A) 
through (C) of this section are considered acceptable procedures for 
determining the mass flow rate. They may be used in combination, and no 
one procedure shall take precedence over another.
    (A) Knowledge of the wastewater. You may use knowledge of the 
wastewater stream and/or the process to determine the annual average 
mass flow rate. You shall use the maximum expected annual average 
production capacity of the dyeing/finishing operation(s), knowledge of 
the process, and/or mass balance information to either estimate directly 
the average wastewater mass flow rate for the compliance period or 
estimate the total wastewater mass flow for the compliance period and 
then factor the total mass by the percentage of time in the compliance 
period the operating scenario is expected to represent. Where you use 
knowledge to determine the annual average mass flow rate, you shall 
provide sufficient information to document the mass flow rate.
    (B) Historical records. You may use historical records to determine 
the average annual mass flow rate. Derive the highest annual average 
mass flow rate of wastewater from historical

[[Page 874]]

records representing the most recent 5 years of operation, or if the 
dyeing/finishing operation(s) has(have) been in service for less than 5 
years but at least 1 year, from historical records representing the 
total operating life of the process unit. Where historical records are 
used to determine the annual average mass flow rate, you shall provide 
sufficient information to document the mass flow rate.
    (C) Measurement of mass flow rate. If you elect to measure mass flow 
rate, you shall comply with the requirements of this paragraph. 
Measurements shall be made at the point of determination, or at a 
location downstream of the point of determination with adjustments for 
mass flow rate changes made according to paragraph (c)(2)(ii) of this 
section. Where measurement data are used to determine the annual average 
mass flow rate, you shall provide sufficient information to document the 
mass flow rate.
    (ii) Adjustment for flow rates determined downstream of the point of 
determination. You shall make corrections to the average annual mass 
flow rate of a wastewater stream when it is determined downstream of the 
point of determination at a location where either wastewater streams 
from outside of the affected dyeing/finishing operation or group of 
dyeing/finishing operations have been mixed with the affected wastewater 
stream or one or more wastewater streams have been treated. You shall 
make corrections for such changes in the annual average mass flow rate.
    (3) Wastewater treatment. You shall document that the wastewater is 
either discharged to a POTW or onsite secondary wastewater treatment.
    (4) Determine the mass of organic HAP in the affected wastewater. 
Determine the total mass of organic HAP, WW, contained in the wastewater 
streams characterized by the procedures in paragraphs (c)(1) and (2) of 
this section, using Equation 7 of this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.010

Where:

WW = The total mass of organic HAP contained in the wastewater streams 
          characterized by the procedures in paragraphs (c)(1) and (2) 
          of this section, kg/yr
Hw,k = Average organic HAP concentration of wastewater stream 
          k, ppmw
Fw,k = Annual average mass flow rate of wastewater stream k, 
          Mg/yr
o = Number of wastewater streams characterized by the procedures in 
          paragraphs (c)(1) and (2) of this section.

    This is your allowance for organic HAP discharged to wastewater and 
not emitted to the atmosphere, WW in Equation 4.
    (5) Determine the fraction of organic HAP applied that is discharged 
to the wastewater. For the purpose of taking credit for the wastewater 
allowance in continuous compliance demonstrations, determine the 
fraction of organic HAP applied in affected dyeing/finishing processes 
that is discharged to the wastewater, i.e., divide WW by the mass of 
organic HAP in the dyeing and finishing materials applied during the 
compliance period, A, as calculated in Equation 4A of this section. The 
wastewater allowance for this fraction of organic HAP that is not 
emitted from the affected dyeing/finishing operation(s) may be taken for 
each compliance period that the operating scenario, as defined in Sec. 
63.4371, does not change from conditions during the performance test in 
a way that could increase the fraction of organic HAP emitted (e.g., an 
increase in process temperature or decrease in process pressure or a 
change in the type or mass fraction of organic HAP entering the dyeing/
finishing operation.) The allowance, WW, must be calculated by 
multiplying the fraction of organic HAP applied in affected processes 
that is discharged to the wastewater determined from the most recent 
performance test by the mass of organic HAP in the dyeing and finishing 
materials applied during the compliance period, A, as calculated in 
Equation 4A of this section.
    (d) If you are determining the fraction of organic HAP applied in 
your dyeing/finishing affected source that is discharged to the 
wastewater, to demonstrate compliance with the equivalent emission rate 
option of Sec. 63.4291(c)(4), then you must determine it according to 
paragraphs (d)(1) through (5) of this section. You must include in the 
determination only

[[Page 875]]

wastewater streams generated by dyeing/finishing operations in your 
affected source. You shall determine the mass of organic HAP from the 
average organic HAP concentration and mass flow rate of each wastewater 
stream generated by each dyeing/finishing operation (or group of dyeing/
finishing operations discharging to a common wastewater stream) in your 
affected source. You shall consider the actual or anticipated production 
over the compliance period and include all wastewater streams generated 
by the affected dyeing/finishing operation(s) during this period. A 
performance test of the organic HAP loading to the wastewater shall be 
conducted for each operating scenario, as defined in Sec. 63.4371, 
during the compliance period.
    (1) Procedure to determine average organic HAP concentration. You 
must determine the average organic HAP concentration of each wastewater 
stream according to paragraphs (c)(1)(i) through (vi) of this section.
    (2) Procedures to determine mass flow rate. For each operating 
scenario, as defined in Sec. 63.4371, for which you have determined the 
organic HAP content of the wastewater stream, you shall determine the 
annual average mass flow rate of the wastewater stream either at the 
point of determination, or downstream of the point of determination with 
adjustment for flow rate changes made according to paragraph (c)(2)(ii) 
of this section. The annual average mass flow rate for the wastewater 
stream shall be representative of actual or anticipated operation of the 
dyeing/finishing operation(s) generating the wastewater over the 
compliance period. You must determine the annual average mass flow rate 
of each wastewater stream according to paragraphs (c)(2)(i) and (ii) of 
this section.
    (3) Wastewater treatment. You shall document that the wastewater is 
either discharged to a POTW or onsite secondary wastewater treatment.
    (4) Determine the mass of organic HAP in the affected wastewater. 
Determine the total mass of organic HAP, WW, contained in the wastewater 
streams characterized by the procedures in paragraphs (d)(1) and (2) of 
this section, using Equation 7 of this section.
    (5) Determine the fraction of organic HAP applied that is discharged 
to the wastewater. Determine the fraction of organic HAP applied in your 
dyeing/finishing affected source that is discharged to the wastewater, 
i.e., divide WW by the mass of organic HAP in the dyeing and finishing 
materials applied during the compliance period, A, as calculated in 
Equation 4A of this section. One of the conditions that must be met to 
demonstrate compliance with the equivalent emission rate option is that 
the fraction of organic HAP applied in your dyeing/finishing affected 
source that is discharged to the wastewater must be at least 90 percent.



Sec. 63.4332  How do I demonstrate continuous compliance with
the emission limitations?

    (a) To demonstrate continuous compliance, the organic HAP emission 
rate for each compliance period, determined according to Sec. 
63.4331(a) for web coating/printing operations and according to Sec. 
63.4331(b) for dyeing/finishing operations, must be less than or equal 
to the applicable emission limit in Table 1 to this subpart. Each month 
following the initial compliance period described in Sec. 63.4330 is a 
compliance period consisting of that month and the preceding 11 months. 
You must perform the calculations in Sec. 63.4331 on a monthly basis.
    (b) If the organic HAP emission rate for any compliance period 
exceeded the applicable emission limit in Table 1 to this subpart, this 
is a deviation from the emission limitations for that compliance period 
and must be reported as specified in Sec. Sec. 63.4310(c)(6) and 
63.4311(a)(6).
    (c) As part of each semiannual compliance report required by Sec. 
63.4311, you must identify any web coating/printing operation or dyeing/
finishing operation for which you used the emission rate without add-on 
controls option. If there were no deviations from the applicable 
emission limit in Table 1 to this subpart, you must submit a statement 
that, as appropriate, the web coating/printing operations or the dyeing/
finishing operations were in compliance with the emission limitations 
during the reporting period because the

[[Page 876]]

organic HAP emission rate for each compliance period was less than or 
equal to the applicable emission limit in Table 1 to this subpart.
    (d) You must maintain records as specified in Sec. Sec. 63.4312 and 
63.4313.

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option



Sec. 63.4340  By what date must I conduct initial performance 
tests and other initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.4283. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.4341(e)(5) or (f)(5), you must conduct a performance test of each 
capture system and add-on control device according to the procedures in 
Sec. Sec. 63.4360, 63.4361, and 63.4362, and establish the operating 
limits required by Sec. 63.4292, within 180 days of the applicable 
compliance date specified in Sec. 63.4283. For a solvent recovery 
system for which you conduct liquid-liquid material balances according 
to Sec. 63.4341(e)(5) or (f)(5), you must initiate the first material 
balance no later than the applicable compliance date specified in Sec. 
63.4283.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4293 no later than the compliance date specified in 
Sec. 63.4283.
    (3) You must complete the compliance demonstration for the initial 
compliance period according to the requirements of Sec. 63.4341. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4283 and ends on the last day of the 12th full 
month after the compliance date, or the date you conduct the performance 
tests of the emission capture systems and add-on control devices, or 
initiate the first liquid-liquid material balance for a solvent recovery 
system, whichever is later. The initial compliance demonstration 
includes the results of emission capture system and add-on control 
device performance tests conducted according to Sec. Sec. 63.4360, 
63.4361, and 63.4362; results of liquid-liquid material balances 
conducted according to Sec. 63.4341(e)(5) or (f)(5); calculations 
according to Sec. 63.4341 and supporting documentation showing that 
during the initial compliance period the organic HAP emission rate was 
equal to or less than the applicable emission limit in Table 1 to this 
subpart; the operating limits established during the performance tests 
and the results of the continuous parameter monitoring required by Sec. 
63.4364; and documentation of whether you developed and implemented the 
work practice plan required by Sec. 63.4293.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec. 
63.4292 until after you have completed the performance tests specified 
in paragraph (a)(1) of this section. Instead, you must maintain a log 
detailing the operation and maintenance of the emission capture system, 
add-on control device, and continuous parameter monitors during the 
period between the compliance date and the performance test. You must 
begin complying with the operating limits for your affected source on 
the date you complete the performance tests specified in paragraph 
(a)(1) of this section. This requirement does not apply to solvent 
recovery systems for which you conduct liquid-liquid material balances 
according to the requirements of Sec. 63.4341(e)(5) or (f)(5).
    (b) Existing sources. For an existing affected source, you must meet 
the requirements of paragraphs (b)(1) through (3) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.4283. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.4341(e)(5) or (f)(5), you must conduct a performance test of each 
capture system and add-on control device according to the procedures in 
Sec. Sec. 63.4360, 63.4361, and 63.4362, and establish the operating 
limits required

[[Page 877]]

by Sec. 63.4292, within 180 days of the compliance date specified in 
Sec. 63.4283. For a solvent recovery system for which you conduct 
liquid-liquid material balances according to Sec. 63.4341(e)(5) or 
(f)(5), you must initiate the first material balance no later than the 
compliance date specified in Sec. 63.4283.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4293 no later than the compliance date specified in 
Sec. 63.4283.
    (3) You must complete the compliance demonstration for the initial 
compliance period according to the requirements of Sec. 63.4341. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4283 and ends on the last day of the 12th full 
month after the compliance date. The initial compliance demonstration 
includes the results of emission capture system and add-on control 
device performance tests conducted according to Sec. Sec. 63.4360, 
63.4361, and 63.4362; results of liquid-liquid material balances 
conducted according to Sec. 63.4341(e)(5) or (f)(5); calculations 
according to Sec. 63.4341 and supporting documentation showing that 
during the initial compliance period the organic HAP emission rate was 
equal to or less than the applicable emission limit in Table 1 to this 
subpart; the operating limits established during the performance tests 
and the results of the continuous parameter monitoring required by Sec. 
63.4364; and documentation of whether you developed and implemented the 
work practice plan required by Sec. 63.4293.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9627, Mar. 15, 2019]



Sec. 63.4341  How do I demonstrate initial compliance?

    (a) You may use the emission rate with add-on controls option for 
any individual web coating/printing operation, for any group of web 
coating/printing operations in the affected source, or for all of the 
web coating/printing operations in the affected source. You may include 
both controlled and uncontrolled web coating/printing operations in a 
group for which you use this option. You must use either the compliant 
material option, the emission rate without add-on controls option, the 
organic HAP overall control efficiency option, or the oxidizer outlet 
organic HAP concentration option for any web coating/printing operation 
in the affected source for which you do not use the emission rate with 
add-on controls option. To demonstrate initial compliance, any web 
coating/printing operation for which you use the emission rate with add-
on controls option must meet the applicable emission limitations in 
Table 1 to this subpart, and in Sec. Sec. 63.4292 and 63.4293. You must 
meet all the requirements of paragraphs (a), (c), (d), and (e) of this 
section. When calculating the organic HAP emission rate according to 
this section, do not include any coating, printing, thinning, or 
cleaning materials applied on web coating/printing operations for which 
you use the compliant material option, the emission rate without add-on 
controls option, the organic HAP overall control efficiency option, or 
the oxidizer outlet organic HAP concentration option. You do not need to 
redetermine the mass of organic HAP in coating, printing, thinning, or 
cleaning materials that have been reclaimed onsite and reused in the web 
coating/printing operation(s) for which you use the emission rate with 
add-on control option.
    (b) You may use the emission rate with add-on controls option for 
any individual dyeing/finishing operation, for any group of dyeing/
finishing operations in the affected source, or for all of the dyeing/
finishing operations in the affected source. You may include both 
controlled and uncontrolled dyeing/finishing operations in a group for 
which you use this option. You must use either the compliant material 
option or the emission rate without add-on controls option for any 
dyeing/finishing operation in the affected source for which you do not 
use the emission rate with add-on controls option. You may not use the 
emission rate with add-on controls option for any dyeing/finishing 
operation in a dyeing/finishing affected source for which you use the 
equivalent emission rate option. To demonstrate initial compliance, any 
dyeing/finishing operation for which you use the emission rate with add-
on controls option must meet the applicable emission limitations in 
Table 1 to this subpart, and in Sec. Sec. 63.4292

[[Page 878]]

and 63.4293. You must meet all the requirements of paragraphs (b), (c), 
(d), and (f) this section. When calculating the organic HAP emission 
rate according to this section, do not include any dyeing or finishing 
materials applied on dyeing/finishing operations for which you use the 
compliant material option or the emission rate without add-on controls 
option. You do not need to redetermine the mass of organic HAP in dyeing 
or finishing materials that have been reclaimed onsite and reused in the 
dyeing/finishing operation(s) for which you use the emission rate with 
add-on controls option.
    (c) Compliance with operating limits. Except as provided in Sec. 
63.4340(a)(4), and except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to Sec. 63.4341(e)(5) 
or (f)(5), you must establish and demonstrate continuous compliance 
during the initial compliance period with the operating limits required 
by Sec. 63.4292, using the procedures specified in Sec. Sec. 63.4363 
and 63.4364.
    (d) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.4293 during the initial compliance period as 
specified in Sec. 63.4312.
    (e) Compliance with web coating/printing emission limits. You must 
follow the procedures in paragraphs (e)(1) through (8) of this section 
to demonstrate compliance with the applicable web coating/printing 
emission limit in Table 1 to this subpart.
    (1) Determine the mass fraction of organic HAP, the mass fraction of 
solids, and mass of materials. Follow the procedures specified in Sec. 
63.4331(a)(1), (2), and (3) to determine the mass fraction of organic 
HAP for each coating, printing, thinning, and cleaning material applied 
during the compliance period; the mass fraction of solids for each 
coating and printing material applied during the compliance period; and 
mass of each coating, printing, thinning, and cleaning material applied 
during the compliance period.
    (2) Calculate the mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec. 63.4331, calculate the mass of 
organic HAP emissions before add-on controls from all coating, printing, 
thinning, and cleaning materials applied during the compliance period 
minus the organic HAP in certain waste materials in the web coating/
printing operation or group of web coating/printing operations for which 
you use the emission rate with add-on controls.
    (3) Calculate the organic HAP emissions reductions for each 
controlled web coating/printing operation. Determine the mass of organic 
HAP emissions reduced for each controlled web coating/printing operation 
during the compliance period. The emissions reductions determination 
quantifies the total organic HAP emissions that pass through the 
emission capture system and are destroyed or removed by the add-on 
control device. Use the procedures in paragraph (e)(4) of this section 
to calculate the mass of organic HAP emissions reductions for each 
controlled web coating/printing operation using an emission capture 
system and add-on control device other than a solvent recovery system 
for which you conduct liquid-liquid material balances. For each 
controlled web coating/printing operation using a solvent recovery 
system for which you conduct a liquid-liquid material balance, use the 
procedures in paragraph (e)(5) of this section to calculate the organic 
HAP emissions reductions.
    (4) Calculate the organic HAP emission reduction for each controlled 
web coating/printing operation not using liquid-liquid material balance. 
For each controlled web coating/printing operation using an emission 
capture system and add-on control device other than a solvent recovery 
system for which you conduct liquid-liquid material balances, calculate 
the organic HAP emissions reductions using Equation 1 of this section. 
The equation applies the emission capture system efficiency and add-on 
control device efficiency to the mass of organic HAP contained in the 
coating, printing, thinning, and cleaning materials applied in the web 
coating/printing operation served by the emission capture system and 
add-on control device during the compliance period. For any period of 
time a deviation specified in Sec. 63.4342(c) or (d) occurs in the 
controlled web coating/printing operation, then you must assume zero 
efficiency

[[Page 879]]

for the emission capture system and add-on control device. Equation 1 of 
this section treats the coating, printing, thinning, and cleaning 
materials applied during such a deviation as if they were used on an 
uncontrolled web coating/printing operation for the time period of the 
deviation.
[GRAPHIC] [TIFF OMITTED] TR29MY03.011

Where:

HC = Mass of organic HAP emission reduction for the 
          controlled web coating/printing operation during the 
          compliance period, kg.
AI = Total mass of organic HAP in the coating and printing 
          materials applied in the controlled web coating/printing 
          operation during the compliance period, kg, as calculated in 
          Equation 1A of this section.
BI = Total mass of organic HAP in the thinning and cleaning 
          materials applied in the controlled web coating/printing 
          operation during the compliance period, kg, as calculated in 
          Equation 1B of this section.
HUNC = Total mass of organic HAP in the coating, printing, 
          thinning, and cleaning materials applied during all deviations 
          specified in Sec. 63.4342(c) and (d) that occurred during the 
          compliance period in the controlled web coating/printing 
          operation, kg, as calculated in Equation 1C of this section.
CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent. Use the test methods and 
          procedures specified in Sec. Sec. 63.4360 and 63.4361 to 
          measure and record capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
          control device, percent. Use the test methods and procedures 
          in Sec. Sec. 63.4360 and 63.4362 to measure and record the 
          organic HAP destruction or removal efficiency.

    (i) Calculate the total mass of organic HAP in the coating and 
printing materials applied in the controlled web coating/printing 
operation(s) during the compliance period, kg, using Equation 1A of this 
section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.012

Where:

AI = Total mass of organic HAP in the coating and printing 
          materials applied in the controlled web coating/printing 
          operation(s) during the compliance period, kg.
Mc,i = Mass of coating or printing material, i, applied 
          during the compliance period, kg.
Wc,i = Mass fraction of organic HAP in coating or printing 
          material, i, kg per kg.
m = Number of different coating and printing materials applied during 
          compliance period.

    (ii) Calculate the total mass of organic HAP in the thinning and 
cleaning materials applied in the controlled web coating/printing 
operation(s) during the compliance period, kg, using Equation 1B of this 
section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.013

Where:

BI = Total mass of organic HAP in the thinning and cleaning 
          materials applied in the controlled web coating/printing 
          operation(s) during the compliance period, kg.
Mt,j = Total mass of thinning or cleaning material, j, 
          applied during the compliance period, kg.
Wt,j = Mass fraction of organic HAP in thinning or cleaning 
          material, j, kg per kg.
n = Number of different thinning and cleaning materials applied during 
          the compliance period.

    (iii) Calculate the mass of organic HAP in the coating, printing, 
thinning, and cleaning materials applied in the controlled web coating/
printing operation during deviations specified in Sec. 63.4342(c) and 
(d), using Equation 1C of this section.
[GRAPHIC] [TIFF OMITTED] TR29MY03.014

Where:

HUNC = Total mass of organic HAP in the coating, printing, 
          thinning, and cleaning materials applied during all deviations

[[Page 880]]

          specified in Sec. 63.4342 (c) and (d) that occurred during 
          the compliance period in the controlled web coating/printing 
          operation, kg.
Mh = Total mass of coating, printing, thinning, or cleaning 
          material, h, applied in the controlled web coating/printing 
          operation during deviations, kg.
Wh = Mass fraction of organic HAP in coating, printing, 
          thinning, or cleaning material, h, kg organic HAP per kg 
          material.
q = Number of different coating, printing, thinning, and cleaning 
          materials applied and used.

    (5) Calculate the organic HAP emissions reductions for controlled 
web coating/printing operation using liquid-liquid material balances. 
For each controlled web coating/printing operation using a solvent 
recovery system for which you conduct liquid-liquid material balances, 
calculate the organic HAP emissions reductions by applying the volatile 
organic matter collection and recovery efficiency to the mass of organic 
HAP contained in the coating, printing, thinning, and cleaning materials 
applied in the web coating/printing operation controlled by the solvent 
recovery system during the compliance period. Perform a liquid-liquid 
material balance for the compliance period as specified in paragraphs 
(e)(5)(i) through (v) of this section. Calculate the mass of organic HAP 
emissions reductions by the solvent recovery system as specified in 
paragraph (e)(5)(vi) of this section.
    (i) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system for the compliance period. The 
device must be initially certified by the manufacturer to be accurate to 
within 2.0 percent of the mass of volatile organic 
matter recovered.
    (ii) For each solvent recovery system, determine the mass of 
volatile organic matter recovered for the compliance period, kg, based 
on measurement with the device required in paragraph (e)(5)(i) of this 
section.
    (iii) Determine the mass fraction of volatile organic matter for 
each coating, printing, cleaning, and thinning material applied in the 
web coating/printing operation controlled by the solvent recovery system 
during the compliance period, kg volatile organic matter per kg coating, 
printing, cleaning, and thinning material. You may determine the 
volatile organic matter mass fraction using Method 24 in appendix A-7 of 
part 60, ASTM D2369-10 (R2015), ``Test Method for Volatile Content of 
Coatings'' (incorporated by reference, see Sec. 63.14), or an EPA 
approved alternative method. Alternatively, you may use information 
provided by the manufacturer or supplier of the coating or printing 
material. In the event of any inconsistency between information provided 
by the manufacturer or supplier and the results of Method 24, ASTM 
D2369-10 (R2015), or an approved alternative method, the test method 
results will govern.
    (iv) Measure the mass of each coating, printing, thinning, and 
cleaning material applied in the web coating/printing operation 
controlled by the solvent recovery system during the compliance period, 
kg.
    (v) For the compliance period, calculate the solvent recovery 
system's volatile organic matter collection and recovery efficiency 
using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.015

Where:

RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system during the 
          compliance period, percent.
MVR = Mass of volatile organic matter recovered by the 
          solvent recovery system during the compliance period, kg.

[[Page 881]]

Mi = Mass of coating or printing material, i, applied in the 
          web coating/printing operation controlled by the solvent 
          recovery system during the compliance period, kg.
WVc,i = Mass fraction of volatile organic matter for coating 
          or printing material, i, kg volatile organic matter per kg 
          coating or printing material.
Mj = Mass of thinning or cleaning material, j, applied in the 
          web coating/printing operation controlled by the solvent 
          recovery system during the compliance period, kg.
WVt,j = Mass fraction of volatile organic matter for thinning 
          or cleaning material, j, kg volatile organic matter per kg 
          thinning or cleaning material.
m = Number of different coating and printing materials applied in the 
          web coating/printing operation controlled by the solvent 
          recovery system during the compliance period.
n = Number of different thinning and cleaning materials applied in the 
          web coating/printing operation controlled by the solvent 
          recovery system during the compliance period.

    (vi) Calculate the mass of organic HAP emission reductions for the 
web coating/printing operation controlled by the solvent recovery system 
during the compliance period using Equation 3 of this section and 
according to paragraphs (e)(5)(vi)(A) and (B) of this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.016

Where:

HCSR = Mass of organic HAP emission reduction for the web 
          coating/printing operation controlled by the solvent recovery 
          system during the compliance period, kg.
ACSR = Total mass of organic HAP in the coating and printing 
          material applied in the web coating/printing operation 
          controlled by the solvent recovery system during the 
          compliance period, kg, calculated using Equation 3A of this 
          section.
BCSR = Total mass of organic HAP in the thinning and cleaning 
          materials applied in the web coating/printing operation 
          controlled by the solvent recovery system during the 
          compliance period, kg, calculated using Equation 3B of this 
          section.
RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system, percent, from 
          Equation 2 of this section.

    (A) Calculate the total mass of organic HAP in the coating and 
printing materials applied in the web coating/printing operation(s) 
controlled by the solvent recovery system during the compliance period, 
kg, using Equation 3A of this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.017

Where:

ACSR = Total mass of organic HAP in the coating and printing 
          materials applied in the web coating/printing operations(s) 
          controlled by the solvent recovery system during the 
          compliance period, kg.
Mc,i = Mass of coating or printing material, i, applied 
          during the compliance period in the web coating/printing 
          operation(s) controlled by the solvent recovery system, kg.
Wc,i = Mass fraction of organic HAP in coating or printing 
          material, i, kg per kg.
m = Number of different coating and printing materials applied during 
          compliance period.

    (B) Calculate the total mass of organic HAP in the thinning and 
cleaning materials applied in the web coating/printing operation(s) 
controlled by the solvent recovery system during the compliance period, 
kg, using Equation 3B of this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.018

Where:

BCSR = Total mass of organic HAP in the thinning and cleaning 
          materials applied in the web coating/printing operation(s) 
          controlled by the solvent recovery system during the 
          compliance period, kg.
Mt,j = Total mass of thinning or cleaning material, j, 
          applied during the compliance period in the web coating/
          printing operation(s) controlled by the solvent recovery 
          system, kg.
Wt,j = Mass fraction of organic HAP in thinning or cleaning 
          material, j, kg per kg.
n = Number of different thinning and cleaning materials applied during 
          the compliance period.

    (6) Calculate the total mass of coating and printing solids. 
Determine the total mass of coating and printing solids applied, kg, 
which is the combined mass of the solids contained in all the coating 
and printing material applied during the compliance period in the web 
coating/printing operation(s) for which

[[Page 882]]

you use the emission rate with add-on controls option, using Equation 2 
of Sec. 63.4331.
    (7) Calculate the organic HAP emission rate with add-on controls for 
the compliance period. Determine the organic HAP emission rate with add-
on controls for the compliance period, kg organic HAP emitted per kg 
solids applied during the compliance period, using Equation 4 of this 
section.
[GRAPHIC] [TIFF OMITTED] TR29MY03.019

Where:

HHAP = Organic HAP emission rate with add-on controls for the 
          compliance period, kg organic HAP emitted per kg solids 
          applied.
He = Total mass of organic HAP emissions before add-on 
          controls from all the coating, printing, thinning, and 
          cleaning materials applied during the compliance period, kg, 
          determined according to paragraph (e)(2) of this section.
HC,i = Total mass of organic HAP emissions reduction for 
          controlled web coating/printing operation, i, not using a 
          liquid-liquid material balance, during the compliance period, 
          kg, from Equation 1 of this section.
HCSR,j = Total mass of organic HAP emissions reduction for 
          web coating/printing operation, j, controlled by a solvent 
          recovery system using a liquid-liquid material balance, during 
          the compliance period, kg, from Equation 3 of this section.
Ht = Total mass of coating and printing solids applied during 
          the compliance period, kg, from Equation 2 of Sec. 63.4331.
q = Number of controlled web coating/printing operations not using a 
          liquid-liquid material balance.
r = Number of web coating/printing operations controlled by a solvent 
          recovery system using a liquid-liquid material balance.

    (8) Compliance demonstration. To demonstrate initial compliance with 
the emission limit, the organic HAP emission rate with add-on controls 
for the compliance period, calculated using Equation 4 of this section, 
must be less than or equal to the applicable emission limit in Table 1 
to this subpart. You must keep all records as required by Sec. Sec. 
63.4312 and 63.4313. As part of the Notification of Compliance Status 
required by Sec. 63.4310, you must identify the web coating/printing 
operation(s) for which you used the emission rate with add-on controls 
option and submit a statement that the web coating/printing operation(s) 
was (were) in compliance with the emission limitations during the 
initial compliance period because the organic HAP emission rate was less 
than or equal to the applicable emission limit in Table 1 to this 
subpart, and that you achieved the operating limits required by Sec. 
63.4292 and the work practice standards required by Sec. 63.4293.
    (f) Compliance with dyeing/finishing emission limits. You must 
follow the procedures in paragraphs (f)(1) through (8) of this section 
to demonstrate compliance with the applicable dyeing/finishing emission 
limit in Table 1 to this subpart.
    (1) Determine the mass fraction of organic HAP and mass of 
materials. Follow the procedures specified in Sec. 63.4331(b)(1) and 
(2) to determine the mass fraction of organic HAP for each dyeing and 
finishing material applied and mass of each dyeing and finishing 
material applied during the compliance period.
    (2) Calculate the mass of organic HAP emissions before add-on 
controls. Using Equation 4 of Sec. 63.4331, calculate the mass of 
organic HAP emissions before add-on controls from all dyeing and 
finishing materials applied during the compliance period minus the 
organic HAP in certain waste materials and wastewaters in the dyeing/
finishing operation or group of dyeing/finishing operations for which 
you use the emission rate with add-on controls option.

[[Page 883]]

    (3) Calculate the organic HAP emissions reductions for each 
controlled dyeing/finishing operation. Determine the mass of organic HAP 
emissions reduced for each controlled dyeing/finishing operation during 
the compliance period. The emissions reductions determination quantifies 
the total organic HAP emissions that pass through the emission capture 
system and are destroyed or removed by the add-on control device. Use 
the procedures in paragraph (f)(4) of this section to calculate the mass 
of organic HAP emissions reductions for each controlled dyeing/finishing 
operation using an emission capture system and add-on control device 
other than a solvent recovery system for which you conduct liquid-liquid 
material balances. For each controlled dyeing/finishing operation using 
a solvent recovery system for which you conduct a liquid-liquid material 
balance, use the procedures in paragraph (f)(5) of this section to 
calculate the organic HAP emissions reductions.
    (4) Calculate the organic HAP emission reduction for each controlled 
dyeing/finishing operation not using liquid-liquid material balance. For 
each controlled dyeing/finishing operation using an emission capture 
system and add-on control device other than a solvent recovery system 
for which you conduct liquid-liquid material balances, calculate the 
organic HAP emissions reductions using Equation 5 of this section. The 
equation applies the emission capture system efficiency and add-on 
control device efficiency to the mass of organic HAP contained in the 
dyeing and finishing materials applied in the dyeing/finishing operation 
served by the emission capture system and add-on control device during 
the compliance period. For any period of time a deviation specified in 
Sec. 63.4342(c) or (d) occurs in the controlled dyeing/finishing 
operation, then you must assume zero efficiency for the emission capture 
system and add-on control device. Equation 5 of this section treats the 
dyeing and finishing materials applied during such a deviation as if 
they were applied on an uncontrolled dyeing/finishing operation for the 
time period of the deviation.
[GRAPHIC] [TIFF OMITTED] TR29MY03.020

Where:

HC = Mass of organic HAP emission reduction for the 
          controlled dyeing/finishing operation during the compliance 
          period, kg.
AI = Total mass of organic HAP in the dyeing and finishing 
          materials applied in the controlled dyeing/finishing operation 
          during the compliance period, kg, as calculated in Equation 5A 
          of this section.
HUNC = Total mass of organic HAP in the dyeing and finishing 
          materials applied during all deviations specified in Sec. 
          63.4342(c) and (d) that occurred during the compliance period 
          in the controlled dyeing/finishing operation, kg, as 
          calculated in Equation 5B of this section.
CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent. Use the test methods and 
          procedures specified in Sec. Sec. 63.4360 and 63.4361 to 
          measure and record capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
          control device, percent. Use the test methods and procedures 
          in Sec. Sec. 63.4360 and 63.4362 to measure and record the 
          organic HAP destruction or removal efficiency.

    (i) Calculate the total mass of organic HAP in the dyeing and 
finishing materials applied in the controlled dyeing/finishing 
operation(s) during the compliance period, kg, using Equation 5A of this 
section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.021

Where:

AI = Total mass of organic HAP in the dyeing and finishing 
          materials applied in the controlled dyeing/finishing 
          operations(s) during the compliance period, kg.
Mc,i = Mass of dyeing or finishing material, i, applied 
          during the compliance period, kg.
Wc,i = Mass fraction of organic HAP in dyeing or finishing 
          material, i, kg per kg.
m = Number of different dyeing and finishing materials applied during 
          compliance period.

    (ii) Calculate the mass of organic HAP in the dyeing and finishing 
materials applied in the controlled dyeing/finishing operation during 
deviations specified in Sec. 63.4342(c) and (d), using Equation 5B of 
this section.

[[Page 884]]

[GRAPHIC] [TIFF OMITTED] TR29MY03.022

Where:

HUNC = Total mass of organic HAP in the dyeing and finishing 
          materials applied during all deviations specified in Sec. 
          63.4342(c) and (d) that occurred during the compliance period 
          in the controlled dyeing/finishing operation, kg.
Mh = Total mass of dyeing and finishing material, h, applied 
          in the controlled dyeing/finishing operation during 
          deviations, kg.
Wh = Mass fraction of organic HAP in dyeing or finishing 
          material, h, kg organic HAP per kg material.
q = Number of different dyeing and finishing materials applied.

    (5) Calculate the organic HAP emissions reductions for controlled 
dyeing/finishing operation using liquid-liquid material balances. For 
each controlled dyeing/finishing operation using a solvent recovery 
system for which you conduct liquid-liquid material balances, calculate 
the organic HAP emissions reductions by applying the volatile organic 
matter collection and recovery efficiency to the mass of organic HAP 
contained in the dyeing and finishing materials applied in the dyeing/
finishing operation controlled by the solvent recovery system during the 
compliance period. Perform a liquid-liquid material balance for the 
compliance period as specified in paragraphs (f)(5)(i) through (v) of 
this section. Calculate the mass of organic HAP emissions reductions by 
the solvent recovery system as specified in paragraph (f)(5)(vi) of this 
section.
    (i) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system for the compliance period. The 
device must be initially certified by the manufacturer to be accurate to 
within 2.0 percent of the mass of volatile organic 
matter recovered.
    (ii) For each solvent recovery system, determine the mass of 
volatile organic matter recovered for the compliance period, kg, based 
on measurement with the device required in paragraph (f)(5)(i) of this 
section.
    (iii) Determine the mass fraction of volatile organic matter for 
each dyeing and finishing material applied in the dyeing/finishing 
operation controlled by the solvent recovery system during the 
compliance period, kg volatile organic matter per kg dyeing and 
finishing material. You may determine the volatile organic matter mass 
fraction using information provided by the manufacturer or supplier of 
the dyeing or finishing material.
    (iv) Measure the mass of each dyeing and finishing material applied 
in the dyeing/finishing operation controlled by the solvent recovery 
system during the compliance period, kg.
    (v) For the compliance period, calculate the solvent recovery 
system's volatile organic matter collection and recovery efficiency 
using Equation 6 of this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.023

Where:

RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system during the 
          compliance period, percent.
MVR = Mass of volatile organic matter recovered by the 
          solvent recovery system during the compliance period, kg.
Mi = Mass of dyeing or finishing material, i, applied in the 
          dyeing/finishing operation controlled by the solvent recovery 
          system during the compliance period, kg.
WVc,i = Mass fraction of volatile organic matter for dyeing 
          or finishing material, i, kg volatile organic matter per kg 
          dyeing or finishing material.
m = Number of different dyeing and finishing materials applied in the 
          dyeing/finishing operation controlled by the solvent recovery 
          system during the compliance period.

    (vi) Calculate the mass of organic HAP emission reductions for the 
dyeing/finishing operation controlled by the solvent recovery system 
during the compliance period using Equation 7 of this section and 
according to paragraph (f)(5)(vi)(A) of this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.024

Where:


[[Page 885]]


HCSR = Mass of organic HAP emission reduction for the dyeing/
          finishing operation controlled by the solvent recovery system 
          during the compliance period, kg.
ACSR = Total mass of organic HAP in the dyeing and finishing 
          material applied in the dyeing/finishing operation controlled 
          by the solvent recovery system during the compliance period, 
          kg, calculated using Equation 7A of this section.
RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system, percent, from 
          Equation 6 of this section.

    (A) Calculate the total mass of organic HAP in the dyeing and 
finishing materials applied in the dyeing/finishing operation(s) 
controlled by the solvent recovery system during the compliance period, 
kg, using Equation 7A of this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.025

Where:

ACSR = Total mass of organic HAP in the dyeing and finishing 
          materials applied in the dyeing/finishing operations(s) 
          controlled by the solvent recovery system during the 
          compliance period, kg.
Mc,i = Mass of dyeing or finishing material, i, applied 
          during the compliance period in the dyeing/finishing 
          operation(s) controlled by the solvent recovery system, kg.
Wc,i = Mass fraction of organic HAP in dyeing or finishing 
          material, i, kg per kg.
m = Number of different dyeing and finishing materials applied during 
          compliance period.

    (6) Calculate the total mass of dyeing and finishing materials. 
Determine the total mass of dyeing and finishing materials applied, kg, 
which is the combined mass of all the dyeing and finishing materials 
applied during the compliance period in the dyeing/finishing 
operation(s) for which you use the emission rate with add-on controls 
option, using Equation 5 of Sec. 63.4331.
    (7) Calculate the organic HAP emission rate with add-on controls for 
the compliance period. Determine the organic HAP emission rate with add-
on controls for the compliance period, kg organic HAP emitted per kg 
dyeing and finishing materials applied during the compliance period, 
using Equation 8 of this section.
[GRAPHIC] [TIFF OMITTED] TR29MY03.026

Where:

HHAP = Organic HAP emission rate with add-on controls for the 
          compliance period, kg organic HAP emitted per kg dyeing and 
          finishing materials applied.
He = Total mass of organic HAP emissions before add-on 
          controls from all the dyeing and finishing materials applied 
          during the compliance period, kg, determined according to 
          paragraph (f)(2) of this section.
HC,i = Total mass of organic HAP emissions reductions for 
          controlled dyeing/finishing operation, i, not using a liquid-
          liquid material balance, during the compliance period, kg, 
          from Equation 5 of this section.
HCSR,j = Total mass of organic HAP emissions reductions for 
          dyeing/finishing operation, j, controlled by a solvent 
          recovery system using a liquid-liquid material balance, during 
          the compliance period, kg, from Equation 7 of this section.
Mt = Total mass of dyeing and finishing materials applied 
          during the compliance period, kg, from Equation 5 of Sec. 
          63.4331.
q = Number of controlled dyeing/finishing operations not using a liquid-
          liquid material balance.
r = Number of dyeing/finishing operations controlled by a solvent 
          recovery system using a liquid-liquid material balance.

    (8) Compliance demonstration. To demonstrate initial compliance with 
the emission limit, the organic HAP emission rate with add-on controls 
for the compliance period, calculated using Equation 8 of this section, 
must be less than or equal to the applicable emission limit in Table 1 
to this subpart. You must keep all records as required

[[Page 886]]

by Sec. Sec. 63.4312 and 63.4313. As part of the Notification of 
Compliance Status required by Sec. 63.4310, you must identify the 
dyeing/finishing operation(s) for which you used the emission rate with 
add-on controls option and submit a statement that the dyeing/finishing 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in Table 1 
to this subpart, and that you achieved the operating limits required by 
Sec. 63.4292 and the work practice standards required by Sec. 63.4293.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9627, Mar. 15, 2019]



Sec. 63.4342  How do I conduct periodic performance tests and
demonstrate continuous compliance with the emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Table 1 to this subpart, the organic HAP emission rate 
for each compliance period, determined according to Sec. 63.4341(e) for 
web coating/printing operations and according to Sec. 63.4341(f) for 
dyeing/finishing operations, must be equal to or less than the 
applicable emission limit in Table 1 to this subpart. Each month 
following the initial compliance period described in Sec. 63.4340 is a 
compliance period consisting of that month and the preceding 11 months. 
You must perform the calculations in Sec. 63.4341 on a monthly basis.
    (b) If the organic HAP emission rate with add-on controls for any 
compliance period exceeded the applicable emission limit in Table 1 to 
this subpart, this is a deviation from the emission limitation for that 
compliance period and must be reported as specified in Sec. Sec. 
63.4310(c)(6) and 63.4311(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.4292 that applies to you, as specified in 
Table 2 to this subpart, and you must conduct periodic performance tests 
as specified in paragraph (c)(3) of this section.
    (1) If an operating parameter is out of the allowed range specified 
in Table 2 to this subpart, this is a deviation from the operating limit 
that must be reported as specified in Sec. Sec. 63.4310(c)(6) and 
63.4311(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 2 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation. For the purposes of 
completing the compliance calculations specified in Sec. 63.4341 (e)(4) 
and (f)(4), you must treat the regulated materials applied during a 
deviation on a controlled coating/printing or dyeing/finishing operation 
as if they were applied on an uncontrolled coating/printing or dyeing/
finishing operation for the time period of the deviation, as indicated 
in Equation 1 of Sec. 63.4341 for a web coating/printing operation, and 
in Equation 5 of Sec. 63.4341 for a dyeing/finishing operation.
    (3) Except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec. 63.4351(d)(5), within 
5 years following the previous performance test, you must conduct 
according to the procedures in Sec. Sec. 63.4360, 63.4361, and 63.4362 
a periodic performance test of each capture system and add-on control 
device used, and you must establish the operating limits required by 
Sec. 63.4292. You must conduct the first periodic performance test and 
establish the operating limits required by Sec. 63.4292 before March 
15, 2022, 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 40 CFR part 71 and have conducted a 
performance test on or after March 15, 2017. 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.
    (d) You must meet the requirements for bypass lines in Sec. 
63.4364(b) for controlled coating/printing or dyeing/finishing 
operations for which you do not conduct liquid-liquid material balances. 
If any bypass line is opened and emissions are diverted to the 
atmosphere when the web coating/printing or dyeing/finishing operation 
is running, this is a deviation that must be reported as specified in 
Sec. Sec. 63.4310(c)(6) and

[[Page 887]]

63.4311(a)(7). For the purposes of completing the compliance 
calculations specified in Sec. 63.4341(e)(4), you must treat the 
coating, printing, thinning, and cleaning materials applied during a 
deviation on a controlled web coating/printing operation as if they were 
used on an uncontrolled web coating/printing operation for the time 
period of the deviation, as indicated in Equation 1 of Sec. 63.4341. 
For the purposes of completing the compliance calculations specified in 
Sec. 63.4341(f)(4), you must treat the dyeing and finishing materials 
applied during a deviation on a controlled dyeing/finishing operation as 
if they were used on an uncontrolled dyeing/finishing operation for the 
time period of the deviation, as indicated in Equation 5 of Sec. 
63.4341.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.4293. If you did not develop a work 
practice plan, or you did not implement the plan, or you did not keep 
the records required by Sec. 63.4312(j)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec. 63.4310(c)(6) and 63.4311(a)(7).
    (f) As part of each semiannual compliance report required in Sec. 
63.4311, you must identify the coating/printing and dyeing/finishing 
operation(s) for which you use the emission rate with add-on controls 
option. If there were no deviations from the applicable emission 
limitations in Sec. Sec. 63.4290, 63.4292, and 63.4293, you must submit 
a statement that, as appropriate, the web coating/printing operations or 
the dyeing/finishing operations were in compliance with the emission 
limitations during the reporting period because the organic HAP emission 
rate for each compliance period was less than or equal to the applicable 
emission limit in Table 1 to this subpart, and you achieved the 
operating limits required by Sec. 63.4292 and the work practice 
standards required by Sec. 63.4293 during each compliance period.
    (g) [Reserved]
    (h) Before September 12, 2019, consistent with Sec. Sec. 63.6(e) 
and 63.7(e)(1), deviations that occur during a period of startup, 
shutdown, or malfunction of the emission capture system, add-on control 
device, or web coating/printing or dyeing/finishing operation that may 
affect emission capture or control device efficiency 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 12, 2019, as specified in Sec. 
63.4300(b), at all times, the owner or operator must operate and 
maintain any affected source, including associated air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions, and 
determination of whether a source is operating in compliance with 
operation and maintenance requirements will be based on information 
available to the Administrator.
    (i) [Reserved]
    (j) You must maintain records as specified in Sec. Sec. 63.4312 and 
63.4313.

[68 FR 32189, May 29, 2003, as amended at 71 FR 20465, Apr. 20, 2006; 84 
FR 9628, Mar. 15, 2019]

 Compliance Requirements for the Organic HAP Overall Control Efficiency 
          and Oxidizer Outlet Organic HAP Concentration Options



Sec. 63.4350  By what date must I conduct performance tests and 
other initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.4283. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.4351(d)(5), you must conduct a performance test of each capture 
system and add-on control device according to the procedures in 
Sec. Sec. 63.4360, 63.4361, and 63.4362, and establish the operating 
limits required by Sec. 63.4292, within 180 days of the applicable 
compliance date specified in

[[Page 888]]

Sec. 63.4283. For a solvent recovery system for which you conduct 
liquid-liquid material balances according to Sec. 63.4351(d)(5), you 
must initiate the first material balance no later than the applicable 
compliance date specified in Sec. 63.4283.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4293 no later than the compliance date specified in 
Sec. 63.4283.
    (3) You must complete the compliance demonstration for the initial 
compliance period according to the requirements of Sec. 63.4351. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4283 and ends on the last day of the first full 
month after the compliance date, or the date you conduct the performance 
tests of the emission capture systems and add-on control devices, or 
initiate the first liquid-liquid material balance for a solvent recovery 
system, whichever is later. The initial compliance demonstration 
includes the results of emission capture system and add-on control 
device performance tests conducted according to Sec. Sec. 63.4360, 
63.4361, and 63.4362; results of liquid-liquid material balances 
conducted according to Sec. 63.4351(d)(5); calculations according to 
Sec. 63.4351 and supporting documentation showing that during the 
initial compliance period either the organic HAP overall control 
efficiency was equal to or greater than the applicable overall control 
efficiency limit in Table 1 to this subpart or the oxidizer outlet 
organic HAP concentration was no greater than 20 parts per million by 
volume (ppmv) on a dry basis; the operating limits established during 
the performance tests and the results of the continuous parameter 
monitoring required by Sec. 63.4364; and documentation of whether you 
developed and implemented the work practice plan required by Sec. 
63.4293.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec. 
63.4292 until after you have completed the performance tests specified 
in paragraph (a)(1) of this section. Instead, you must maintain a log 
detailing the operation and maintenance of the emission capture system, 
add-on control device, and continuous parameter monitors during the 
period between the compliance date and the performance test. You must 
begin complying with the operating limits for your affected source on 
the date you complete the performance tests specified in paragraph 
(a)(1) of this section. This requirement does not apply to solvent 
recovery systems for which you conduct liquid-liquid material balances 
according to the requirements of Sec. 63.4351(d)(5).
    (b) Existing sources. For an existing affected source, you must meet 
the requirements of paragraphs (b)(1) through (3) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.4283. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.4351(d)(5), you must conduct a performance test of each capture 
system and add-on control device according to the procedures in 
Sec. Sec. 63.4360, 63.4361, and 63.4362, and establish the operating 
limits required by Sec. 63.4292, within 180 days of the compliance date 
specified in Sec. 63.4283. For a solvent recovery system for which you 
conduct liquid-liquid material balances according to Sec. 
63.4351(d)(5), you must initiate the first material balance no later 
than the compliance date specified in Sec. 63.4283.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4293 no later than the compliance date specified in 
Sec. 63.4283.
    (3) You must complete the compliance demonstration for the initial 
compliance period according to the requirements of Sec. 63.4351. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4283 and ends on the last day of the first full 
month after the compliance date. The initial compliance demonstration 
includes the results of emission capture system and add-on control 
device performance tests conducted according to Sec. Sec. 63.4360, 
63.4361, and 63.4362; results of liquid-liquid material balances 
conducted according to Sec. 63.4351(d)(5); calculations according to 
Sec. 63.4351 and supporting documentation showing that during the 
initial compliance period

[[Page 889]]

the organic HAP overall control efficiency was equal to or greater than 
the applicable organic HAP overall control efficiency limit in Table 1 
to this subpart or the oxidizer outlet organic HAP concentration was no 
greater than 20 ppmv on a dry basis and the efficiency of the capture 
system was 100 percent; the operating limits established during the 
performance tests and the results of the continuous parameter monitoring 
required by Sec. 63.4364; and documentation of whether you developed 
and implemented the work practice plan required by Sec. 63.4293.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9628, Mar. 15, 2019]



Sec. 63.4351  How do I demonstrate initial compliance?

    (a) You may use the organic HAP overall control efficiency option or 
the oxidizer outlet organic HAP concentration option for any individual 
web coating/printing operation, for any group of web coating/printing 
operations in the affected source, or for all of the web coating/
printing operations in the affected source. You may include both 
controlled and uncontrolled web coating/printing operations in a group 
for which you use the organic HAP overall control efficiency option. You 
must use either the compliant material option, the emission rate without 
add-on controls option, or the emission rate with add-on controls option 
for any web coating/printing operation(s) in the affected source for 
which you do not use either the organic HAP overall control efficiency 
option or the oxidizer outlet organic HAP concentration option. To 
demonstrate initial compliance, any web coating/printing operation for 
which you use the organic HAP overall control efficiency option must 
meet the applicable organic HAP overall control efficiency limitations 
in Table 1 to this subpart according to the procedures in paragraph (d) 
of this section. Any web coating/printing operation for which you use 
the oxidizer outlet organic HAP concentration option must meet the 20 
ppmv on a dry basis limit and achieve 100 percent capture efficiencies 
according to the procedures in paragraph (e) of this section. To 
demonstrate initial compliance with either option, you also must meet 
the applicable operating limits in Sec. 63.4292 according to the 
procedures in paragraph (b) of this section and the work practice 
standards in Sec. 63.4293 according to the procedures in paragraph (c) 
of this section. When calculating the organic HAP overall control 
efficiency according to this section, do not include any coating, 
printing, thinning, or cleaning materials applied on web coating/
printing operations for which you use the compliant material option, the 
emission rate without add-on controls option, the emission rate with 
add-on controls option, or the oxidizer outlet organic HAP concentration 
option. You do not need to redetermine the mass of organic HAP in 
coating, printing, thinning, or cleaning materials that have been 
reclaimed onsite and reused in web coating/printing operation(s) for 
which you use the organic HAP overall control efficiency option.
    (b) Compliance with operating limits. Except as provided in Sec. 
63.4350(a)(4), and except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to Sec. 
63.4351(d)(5), you must establish and demonstrate continuous compliance 
during the initial compliance period with the operating limits required 
by Sec. 63.4292, using the procedures specified in Sec. Sec. 63.4363 
and 63.4364.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.4293 during the initial compliance period as 
specified in Sec. 63.4312.
    (d) Compliance with organic HAP overall control efficiency limits. 
You must follow the procedures in paragraphs (d)(1) through (7) of this 
section to demonstrate compliance with the applicable organic HAP 
overall control efficiency limit in Table 1 to this subpart.
    (1) Determine the mass fraction of organic HAP and mass of coating 
or printing materials. Follow the procedures specified in Sec. 
63.4331(a)(1) and (3) to determine the mass fraction of organic HAP and 
mass of each coating, printing, thinning, and cleaning material applied 
during the compliance period.
    (2) Calculate the total mass of organic HAP emissions before add-on 
controls.

[[Page 890]]

Using Equation 1 of Sec. 63.4331, calculate the total mass of organic 
HAP emissions before add-on controls from all coating, printing, 
thinning, and cleaning materials applied during the compliance period 
minus the organic HAP in certain waste materials in the web coating/
printing operation or group of web coating/printing operations for which 
you use the organic HAP overall control efficiency option.
    (3) Calculate the organic HAP emissions reductions for each 
controlled web coating/printing operation. Determine the mass of organic 
HAP emissions reduced for each controlled web coating/printing operation 
during the compliance period. The emissions reductions determination 
quantifies the total organic HAP emissions that pass through the 
emission capture system and are destroyed or removed by the add-on 
control device. Use the procedures in paragraph (d)(4) of this section 
to calculate the mass of organic HAP emissions reductions for each 
controlled web coating/printing operation using an emission capture 
system and add-on control device other than a solvent recovery system 
for which you conduct liquid-liquid material balances. For each 
controlled web coating/printing operation using a solvent recovery 
system for which you conduct a liquid-liquid material balance, use the 
procedures in paragraph (d)(5) of this section to calculate the organic 
HAP emissions reductions.
    (4) Calculate the organic HAP emissions reductions for controlled 
web coating/printing operations not using liquid-liquid material 
balance. For each controlled web coating/printing operation using an 
emission capture system and add-on control device other than a solvent 
recovery system for which you conduct liquid-liquid material balances, 
calculate the organic HAP emissions reductions using Equation 1 of Sec. 
63.4341. The equation applies the emission capture system efficiency and 
add-on control device efficiency to the mass of organic HAP contained in 
the coating, printing, thinning, and cleaning materials applied in the 
web coating/printing operation served by the emission capture system and 
add-on control device during the compliance period. For any period of 
time a deviation specified in Sec. 63.4352(c) or (d) occurs in the 
controlled web coating/printing operation, then you must assume zero 
efficiency for the emission capture system and add-on control device. 
Equation 1 of Sec. 63.4341 treats the coating, printing, thinning, and 
cleaning materials applied during such a deviation as if they were 
applied on an uncontrolled web coating/printing operation for the time 
period of the deviation.
    (i) Calculate the total mass of organic HAP in the coating and 
printing material(s) applied in the controlled web coating/printing 
operation during the compliance period, kg, using Equation 1A of Sec. 
63.4341.
    (ii) Calculate the total mass of organic HAP in the thinning and 
cleaning materials applied in the controlled web coating/printing 
operation(s) during the compliance period, kg, using Equation 1B of 
Sec. 63.4341.
    (iii) Calculate the mass of organic HAP in the coating, printing, 
thinning, and cleaning materials applied in the controlled web coating/
printing operation during deviations specified in Sec. 63.4352(c) and 
(d), using Equation 1C of Sec. 63.4341.
    (5) Calculate the organic HAP emissions reductions for controlled 
web coating/printing operations using liquid-liquid material balance. 
For each controlled web coating/printing operation using a solvent 
recovery system for which you conduct liquid-liquid material balances, 
calculate the organic HAP emissions reductions by applying the volatile 
organic matter collection and recovery efficiency to the mass of organic 
HAP contained in the coating, printing, thinning, and cleaning materials 
applied in the web coating/printing operation controlled by the solvent 
recovery system during the compliance period. Perform a liquid-liquid 
material balance for the compliance period as specified in paragraphs 
(d)(5)(i) through (vi) of this section.
    (i) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent

[[Page 891]]

recovery system for the compliance period. The device must be initially 
certified by the manufacturer to be accurate to within 2.0 percent of the mass of volatile organic matter 
recovered.
    (ii) For each solvent recovery system, determine the mass of 
volatile organic matter recovered for the compliance period, kg, based 
on measurement with the device required in paragraph (d)(5)(i) of this 
section.
    (iii) Determine the mass fraction of volatile organic matter for 
each coating and printing material applied in the web coating/printing 
operation controlled by the solvent recovery system during the 
compliance period, kg volatile organic matter per kg coating and 
printing material. You may determine the volatile organic matter mass 
fraction using Method 24 in appendix A-7 of part 60, ASTM D2369-10 
(R2015), ``Test Method for Volatile Content of Coatings'' (incorporated 
by reference, see Sec. 63.14), or an EPA approved alternative method. 
Alternatively, you may use information provided by the manufacturer or 
supplier of the coating or printing material. In the event of any 
inconsistency between information provided by the manufacturer or 
supplier and the results of Method 24, ASTM D2369-10 (R2015), or an 
approved alternative method, the test method results will govern.
    (iv) Measure the mass of each coating, printing, thinning, and 
cleaning material applied in the web coating/printing operation 
controlled by the solvent recovery system during the compliance period, 
kg.
    (v) For the compliance period, calculate the solvent recovery 
system's volatile organic matter collection and recovery efficiency 
using Equation 2 of Sec. 63.4341.
    (vi) Calculate the mass of organic HAP emissions reductions for the 
web coating/printing operation controlled by the solvent recovery system 
during the compliance period, using Equation 3 of Sec. 63.4341.
    (6) Calculate the organic HAP overall control efficiency. Determine 
the organic HAP overall control efficiency, kg organic HAP emissions 
reductions per kg organic HAP emissions before add-on controls during 
the compliance period, using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR29MY03.027

Where:

EHAP = Organic HAP overall control efficiency for the 
          compliance period, kg organic HAP emissions reductions per kg 
          organic HAP emissions before add-on controls during the 
          compliance period.
HC,i = Total mass of organic HAP emissions reductions for 
          controlled web coating/printing operation, i, during the 
          compliance period, kg, from Equation 1 of Sec. 63.4341.
HCSR,j = Total mass of organic HAP emissions reductions for 
          controlled web coating/printing operation, j, during the 
          compliance period, kg, from Equation 3 of Sec. 63.4341.
He = Total mass of organic HAP emissions before add-on 
          controls from all the coating, printing, thinning, and 
          cleaning materials applied during the compliance period, kg, 
          determined according to paragraph (d)(2) of this section.
q = Number of controlled web coating/printing operations except those 
          controlled with a solvent recovery system.
r = Number of web coating/printing operations controlled with a solvent 
          recovery system.

    (7) Compliance demonstration. To demonstrate initial compliance with 
the organic HAP overall control efficiency in Table 1 to this subpart, 
the organic HAP overall control efficiency calculated using Equation 1 
of this section must be at least 98 percent for new or reconstructed 
affected sources and at least 97 percent for existing affected sources. 
You must keep all records as required by Sec. Sec. 63.4312 and 63.4313. 
As part of the Notification of Compliance

[[Page 892]]

Status required by Sec. 63.4310, you must identify the web coating/
printing operation(s) for which you used the organic HAP overall control 
efficiency option and submit a statement that the web coating/printing 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP overall 
control efficiency was greater than or equal to the applicable organic 
HAP overall control efficiency in Table 1 to this subpart, and you 
achieved the operating limits required by Sec. 63.4292 and the work 
practice standards required by Sec. 63.4293.
    (e) Compliance with oxidizer outlet organic HAP concentration limit. 
You must follow the procedures in paragraphs (e)(1) through (3) of this 
section to demonstrate compliance with the oxidizer outlet organic HAP 
concentration limit of no greater than 20 ppmv on a dry basis.
    (1) Install and operate a PTE. Install and operate a PTE around each 
work station and associated drying or curing oven in the web coating/
printing operation. An enclosure that meets the requirements in Sec. 
63.4361(a) is considered a PTE. Route all organic HAP emissions from 
each PTE to an oxidizer.
    (2) Determine oxidizer outlet organic HAP concentration. Determine 
oxidizer outlet organic HAP concentration through performance tests 
using the procedures in Sec. 63.4362(a) and (b).
    (3) Compliance demonstration. To demonstrate initial compliance with 
the oxidizer outlet organic HAP concentration limit in Table 1 to this 
subpart, the oxidizer outlet organic HAP concentration must be no 
greater than 20 ppmv on a dry basis and the efficiency of the capture 
system must be 100 percent. You must keep all records as required by 
Sec. Sec. 63.4312 and 63.4313. As part of the Notification of 
Compliance Status required by Sec. 63.4310, you must identify the web 
coating/printing operation(s) for which you used the oxidizer outlet 
organic HAP concentration option and submit a statement that the web 
coating/printing operation(s) was (were) in compliance with the emission 
limitations during the initial compliance period because the oxidizer 
outlet organic HAP concentration was no greater than 20 ppmv on a dry 
basis, the efficiency of the capture system was 100 percent, and you 
achieved the operating limits required by Sec. 63.4292 and the work 
practice standards required by Sec. 63.4293.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9629, Mar. 15, 2019]



Sec. 63.4352  How do I demonstrate continuous compliance with
the emission limitations?

    (a) You must meet all the requirements of this section to 
demonstrate continuous compliance with the organic HAP overall control 
efficiency. The organic HAP overall control efficiency for each 
compliance period, determined according to the procedures in Sec. 
63.4351(d), must be equal to or greater than the applicable organic HAP 
overall control efficiency limit in Table 1 to this subpart. Each month 
following the initial compliance period described in Sec. 63.4350 is a 
compliance period. You must perform the calculations in Sec. 63.4351(d) 
on a monthly basis. You must meet the applicable requirements of 
paragraphs (c) through (j) of this section to demonstrate continuous 
compliance with the oxidizer outlet organic HAP concentration limit.
    (b) If the organic HAP overall control efficiency for any compliance 
period failed to meet the applicable organic HAP overall control 
efficiency in Table 1 to this subpart, this is a deviation from the 
emission limitation for that compliance period and must be reported as 
specified in Sec. Sec. 63.4310(c)(6) and 63.4311(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.4292 that applies to you, as specified in 
Table 2 to this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 2 to this subpart, this is a deviation from the operating limit 
that must be reported as specified in Sec. Sec. 63.4310(c)(6) and 
63.4311(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 2 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation. For the purposes of 
completing the compliance calculations specified in Sec. 63.4351(d)(4),

[[Page 893]]

you must treat the coating, printing, thinning, and cleaning materials 
applied during a deviation on a controlled web coating/printing 
operation as if they were applied on an uncontrolled web coating/
printing operation for the time period of the deviation as indicated in 
Equation 1 of Sec. 63.4341.
    (d) You must meet the requirements for bypass lines in Sec. 
63.4364(b) for controlled web coating/printing operations for which you 
do not conduct liquid-liquid material balances. If any bypass line is 
opened and emissions are diverted to the atmosphere when the web 
coating/printing operation is running, this is a deviation that must be 
reported as specified in Sec. Sec. 63.4310(c)(6) and 63.4311(a)(7). For 
the purposes of completing the compliance calculations specified in 
Sec. 63.4351(d)(4), you must treat the coating, printing, thinning, and 
cleaning materials applied during a deviation on a controlled web 
coating/printing operation as if they were applied on an uncontrolled 
web coating/printing operation for the time period of the deviation as 
indicated in Equation 1 of Sec. 63.4341.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.4293. If you did not develop a work 
practice plan, or you did not implement the plan, or you did not keep 
the records required by Sec. 63.4312(j)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec. 63.4310(c)(6) and 63.4311(a)(7).
    (f) As part of each semiannual compliance report required in Sec. 
63.4311, you must identify the web coating/printing operation(s) for 
which you use the organic HAP overall control efficiency option or the 
oxidizer outlet organic HAP concentration option. If there were no 
deviations from the organic HAP overall control efficiency limitations, 
submit a statement that you were in compliance with the emission 
limitations during the reporting period because the organic HAP overall 
control efficiency for each compliance period was greater than or equal 
to the applicable organic HAP overall control efficiency in Table 1 to 
this subpart, and you achieved the operating limits required by Sec. 
63.4292 and the work practice standards required by Sec. 63.4293 during 
each compliance period. If there were no deviations from the oxidizer 
outlet organic HAP concentration limit, submit a statement that you were 
in compliance with the oxidizer outlet organic HAP concentration limit, 
the efficiency of the capture system is 100 percent, and you achieved 
the operating limits required by Sec. 63.4292 and the work practice 
standards required by Sec. 63.4293 during each compliance period.
    (g) [Reserved]
    (h) Before September 12, 2019, consistent with Sec. Sec. 63.6(e) 
and 63.7(e)(1), deviations that occur during a period of startup, 
shutdown, or malfunction of the emission capture system, add-on control 
device, or web coating/printing operation that may affect emission 
capture or control device efficiency 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 12, 2019, as specified in Sec. 63.4300(b), at 
all times, the owner or operator must operate and maintain any affected 
source, including associated air pollution control equipment and 
monitoring equipment, in a manner consistent with safety and good air 
pollution control practices for minimizing emissions, and determination 
of whether a source is operating in compliance with operation and 
maintenance requirements will be based on information available to the 
Administrator.
    (i) [Reserved]
    (j) You must maintain records as specified in Sec. Sec. 63.4312 and 
63.4313.

[68 FR 32189, May 29, 2003, as amended at 71 FR 20465, Apr. 20, 2006; 84 
FR 9629, Mar. 15, 2019]

             Performance Testing and Monitoring Requirements



Sec. 63.4360  What are the general requirements for performance 
tests?

    (a) You must conduct each performance test required by Sec. 63.4340 
or Sec. 63.4350 according to the requirements in this section, unless 
you obtain a

[[Page 894]]

waiver of the performance test according to the provisions in Sec. 
63.7(h).
    (1) Representative web coating/printing or dyeing/finishing 
operation operating conditions. You must conduct the performance test 
under representative operating conditions for the web coating/printing 
or dyeing/finishing operation. Operations during periods of startup, 
shutdown, or nonoperation do not constitute representative conditions 
for purposes of conducting a performance test. The owner or operator 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.
    (2) Representative emission capture system and add-on control device 
operating conditions. You must conduct the performance test when the 
emission capture system and add-on control device are operating at a 
representative flow rate, and the add-on control device is operating at 
a representative inlet concentration. You must record information that 
is necessary to document emission capture system and add-on control 
device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.4361. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec. 63.4362.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9630, Mar. 15, 2019]



Sec. 63.4361  How do I determine the emission capture system efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required by 
Sec. 63.4340 or Sec. 63.4350.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met.
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the 
enclosure to an add-on control device.
    (2) All regulated materials applied in the web coating/printing or 
dyeing/finishing operation are applied within the capture system; 
regulated material solvent flash-off, curing, and drying occurs within 
the capture system; and the removal or evaporation of cleaning materials 
from the web coating/printing operation surfaces they are applied to 
occurs within the capture system. For example, this criterion is not met 
if the web enters the open shop environment when moving between the 
application station and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours duration or the length of a production run, up to 8 hours.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in regulated materials applied in the 
web coating/printing or dyeing/finishing operation to the mass of TVH 
emissions not captured by the emission capture system. Use a temporary 
total enclosure or a building enclosure and the procedures in paragraphs 
(c)(1) through (6) of this section to measure emission capture system 
efficiency using the liquid-to-uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the web coating/printing or dyeing/finishing operation where regulated 
materials are applied, and all areas where emissions from these applied 
regulated materials subsequently occur, such as flash-off,

[[Page 895]]

curing, and drying areas. The areas of the web coating/printing or 
dyeing/finishing operation where capture devices collect emissions for 
routing to an add-on control device, such as the entrance and exit areas 
of an oven or tenter frame, must also be inside the enclosure. The 
enclosure must meet the applicable definition of a temporary total 
enclosure or building enclosure in Method 204 of appendix M to 40 CFR 
part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction of TVH liquid input from each regulated 
material used in the web coating/printing or dyeing/finishing operation 
during each capture efficiency test run. To make the determination, 
substitute TVH for each occurrence of the term volatile organic 
compounds (VOC) in the methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the regulated materials applied in the web 
coating/printing or dyeing/finishing operation during each capture 
efficiency test run.
[GRAPHIC] [TIFF OMITTED] TR29MY03.028

Where:

TVHapplied = Mass of liquid TVH in regulated materials 
          applied in the web coating/printing or dyeing/finishing 
          operation during the capture efficiency test run, kg.
TVHi = Mass fraction of TVH in regulated material, i, that is 
          applied in the web coating/printing or dyeing/finishing 
          operation during the capture efficiency test run, kg TVH per 
          kg material.
Mi = Total mass of regulated material, i, applied in the web 
          coating/printing or dyeing/finishing operation during the 
          capture efficiency test run, kg.
n = Number of different regulated materials applied in the web coating/
          printing or dyeing/finishing operation during the capture 
          efficiency test run.

    (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure 
the total mass, kg, of TVH emissions that are not captured by the 
emission capture system; they are measured as they exit the temporary 
total enclosure or building enclosure during each capture efficiency 
test run. To make the measurement, substitute TVH for each occurrence of 
the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound-emitting 
operations inside the building enclosure, other than the web coating/
printing or dyeing/finishing operation for which capture efficiency is 
being determined, must be shut down, but all fans and blowers must be 
operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.029

Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHapplied = Total mass of TVH liquid input applied in the 
          web coating/printing or dyeing/finishing operation during the 
          capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.


[[Page 896]]


    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (d)(1) through (5) of this 
section to measure emission capture system efficiency using the gas-to-
gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the web coating/printing or dyeing/finishing operation where regulated 
materials are applied, and all areas where emissions from these applied 
regulated materials subsequently occur, such as flash-off, curing, and 
drying areas. The areas of the web coating/printing or dyeing/finishing 
operation where capture devices collect emissions generated by the web 
coating/printing or dyeing/finishing operation for routing to an add-on 
control device, such as the entrance and exit areas of an oven or a 
tenter frame, must also be inside the enclosure. The enclosure must meet 
the applicable definition of a temporary total enclosure or building 
enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions captured by the emission 
capture system during each capture efficiency test run as measured at 
the inlet to the add-on control device. To make the measurement, 
substitute TVH for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or 204C measurement must 
be upstream from the add-on control device and must represent total 
emissions routed from the capture system and entering the add-on control 
device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound-emitting 
operations inside the building enclosure, other than the web coating/
printing or dyeing/finishing operation for which capture efficiency is 
being determined, must be shut down, but all fans and blowers must be 
operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR29MY03.030

Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHcaptured = Total mass of TVH captured by the emission 
          capture system as measured at the inlet to the add-on control 
          device during the emission capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.


[[Page 897]]


    (5) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (e) Alternative capture efficiency protocol. As an alternative to 
the procedures specified in paragraphs (c) and (d) of this section, you 
may determine capture efficiency using any other capture efficiency 
protocol and test methods that satisfy the criteria of either the DQO or 
LCL approach as described in appendix A to subpart KK of this part.



Sec. 63.4362  How do I determine the add-on control device emission destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec. Sec. 
63.4340 and 63.4350. You must conduct three test runs as specified in 
Sec. 63.7(e)(3) and each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods as 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A in appendix A-1 of part 60, as appropriate, 
to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, or 2F in appendix A-1, or Method 2G in 
appendix A-2, of part 60, as appropriate, to measure gas volumetric flow 
rate.
    (3) Use Method 3, 3A, or 3B in appendix A of part 60, as 
appropriate, for gas analysis to determine dry molecular weight. You may 
also use as an alternative to Method 3B, the manual method for measuring 
the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas 
in ANSI/ASME, PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 10, 
Instruments and Apparatus]'' (incorporated by reference, see Sec. 
63.14).
    (4) Use Method 4 in appendix A of part 60 to determine stack gas 
moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure the volatile organic matter concentration as carbon at 
the inlet and outlet of the add-on control device simultaneously, using 
Method 25 or 25A in appendix A-7 of part 60. If you are demonstrating 
compliance with the oxidizer outlet organic HAP concentration limit, 
only the outlet volatile organic matter concentration must be 
determined. The outlet volatile organic matter concentration is 
determined as the average of the three test runs. You may use Method 18 
in appendix A-6 of part 60 to subtract methane emissions from measured 
volatile organic matter concentration as carbon.
    (1) Use Method 25 if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be more 
than 50 parts per million (ppm) at the control device outlet.
    (2) Use Method 25A if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be 50 
ppm or less at the control device outlet. Method 25A must be used to 
demonstrate compliance with the oxidizer outlet organic HAP 
concentration limit.
    (3) Use Method 25A if the add-on control device is not an oxidizer.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet to the 
atmosphere of each device. For example, if one add-on control device is 
a concentrator with an outlet to the atmosphere for the high-volume, 
dilute stream that has been treated by the concentrator, and a second 
add-on control device is an oxidizer with an outlet to the atmosphere 
for the low-volume, concentrated stream that is treated with the 
oxidizer, you must measure emissions at the outlet of the oxidizer and 
the high volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic emissions 
mass flow rates for the inlet and the outlet of the add-on control 
device, using Equation 1 of this section. If there is more than one 
inlet or outlet to the add-on control device, you must calculate the 
total gaseous organic mass flow rate using Equation 1 of this section 
for each inlet and each outlet and

[[Page 898]]

then total all of the inlet emissions and total all of the outlet 
emissions:
[GRAPHIC] [TIFF OMITTED] TR29MY03.031

Where:

Mf = Total gaseous organic emissions mass flow rate, kg/hour 
          (h).
Cc = Concentration of organic compounds as carbon in the vent 
          gas, as determined by Method 25 or Method 25A, ppmv, dry 
          basis.
Qsd = Volumetric flow rate of gases entering or exiting the 
          add-on control device, as determined by Method 2, 2A, 2C, 2D, 
          2F, or 2G, dry standard cubic meters/hour (dscm/h).
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
          (mole/m\3\) (@ 293 Kelvin (K) and 760 millimeters of mercury 
          (mmHg)).

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency using Equation 2 of this 
section.
[GRAPHIC] [TIFF OMITTED] TR29MY03.032

Where:

DRE = Organic emissions destruction or removal efficiency of the add-on 
          control device, percent.
Mfi = Total gaseous organic emissions mass flow rate at the 
          inlet(s) to the add-on control device, using Equation 1 of 
          this section, kg/h.
Mfo = Total gaseous organic emissions mass flow rate at the 
          outlet(s) of the add-on control device, using Equation 1 of 
          this section, kg/h.

    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9630, Mar. 15, 2019]



Sec. 63.4363  How do I establish the add-on control device operating
limits during the performance test?

    During the performance test required by Sec. 63.4340 or Sec. 
63.4350 and described in Sec. Sec. 63.4360, 63.4361, and 63.4362, you 
must establish the operating limits required by Sec. 63.4292 according 
to this section, unless you have received approval for alternative 
monitoring and operating limits under Sec. 63.8(f) as specified in 
Sec. 63.4292.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
temperature at least once every 15 minutes during each of the three test 
runs. You must monitor the temperature in the firebox of the thermal 
oxidizer or immediately downstream of the firebox before any substantial 
heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature maintained during the performance 
test. This average temperature is the minimum operating limit for your 
thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During the performance test, you must monitor and record the 
temperature at the inlet to the catalyst bed and the temperature 
difference across the catalyst bed at least once every 15 minutes during 
each of the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature at the inlet to the catalyst bed and 
the average temperature difference across the catalyst bed maintained 
during the performance test. These are the minimum operating limits for 
your catalytic oxidizer.
    (3) As an alternative to monitoring the temperature difference 
across the

[[Page 899]]

catalyst bed, you may monitor the temperature at the inlet to the 
catalyst bed and implement a site-specific inspection and maintenance 
plan for your catalytic oxidizer as specified in paragraph (b)(4) of 
this section. During the performance test, you must monitor and record 
the temperature just before the catalyst bed at least once every 15 
minutes during each of the three test runs. Use the data collected 
during the performance test to calculate and record the average 
temperature just before the catalyst bed during the performance test. 
This is the minimum operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, at 
a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) 
of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the burner 
assembly and fuel supply lines for problems and, as necessary, adjust 
the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendations and conduct a new performance test to 
determine destruction efficiency according to Sec. 63.4362.



Sec. 63.4364  What are the requirements for CPMS installation, 
operation, and maintenance?

    (a) General. If you are using a control device to comply with the 
emission standards in Sec. 63.4290, you must install, operate, and 
maintain each CPMS specified in paragraphs (c) and (d) and (e) of this 
section according to the requirements in paragraphs (a)(1) through (8) 
of this section. You must install, operate, and maintain each CPMS 
specified in paragraph (b) of this section according to paragraphs 
(a)(5) through (7) 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 four 
equally spaced successive cycles of CPMS operation to have a valid hour 
of data.
    (2) You must have valid data from at least 90 percent of the hours 
during which the process operated.
    (3) You must determine the hourly average of all recorded readings 
according to paragraphs (a)(3)(i) and (ii) of this section.
    (i) To calculate a valid hourly value, you must have at least three 
of four equally spaced data values from that hour from a continuous 
monitoring system (CMS) that is not out-of-control.
    (ii) Provided all of the readings recorded in accordance with 
paragraph (a)(3) of this section clearly demonstrate continuous 
compliance with the standard that applies to you, then you are not 
required to determine the hourly average of all recorded readings.
    (4) You must determine the rolling 3-hour average of all recorded 
readings for each operating period. To calculate the average for each 3-
hour averaging period, you must have at least two of three of the hourly 
averages for that period using only average values that are based on 
valid data (i.e., not from out-of-control periods).
    (5) You must record the results of each inspection, calibration, and 
validation check of the CPMS.
    (6) At all times, you must maintain the monitoring system in 
accordance with Sec. 63.4300(b) and in proper working order including, 
but not limited to, keeping readily available necessary parts for 
routine repairs of the monitoring equipment.
    (7) Before September 12, 2019, except for monitoring malfunctions, 
associated repairs, or required quality assurance or control activities 
(including calibration checks or required zero and span adjustments), 
you must conduct all monitoring at all times that the unit is operating. 
On and after September 12, 2019, you must operate the CPMS and collect 
emission capture

[[Page 900]]

system and add-on control device parameter data at all times in 
accordance with Sec. 63.4300(b). Data recorded during monitoring 
malfunctions, associated repairs, out-of-control periods, or required 
quality assurance or control activities shall not be used for purposes 
of calculating the emissions concentrations and percent reductions 
specified in Table 1 to this subpart. You must use all the data 
collected during all other periods in assessing compliance of the 
control device and associated control system. 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.
    (8) Except for periods of required quality assurance or control 
activities, any averaging period during which the CPMS fails to operate 
and record data continuously as required by paragraph (a)(1) of this 
section, or during which generated data cannot be included in 
calculating averages as specified in paragraph (a)(7) of this section, 
constitutes a deviation, and you must notify the Administrator in 
accordance with Sec. 63.4311(a).
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (a)(5) through (6) and (b)(1) and (2) of this section for 
each emission capture system that contains bypass lines that could 
divert emissions away from the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must be 
recorded, as well as every time the flow direction is changed. The flow 
control position indicator must be installed at the entrance to any 
bypass line that could divert the emissions away from the add-on control 
device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass line 
valve in the closed 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 
closed position, and the emissions are not diverted away from the add-on 
control device to the atmosphere.
    (iii) Valve closure continuous monitoring. Ensure that any bypass 
line valve is in the closed (non-diverting) position through monitoring 
of valve position at least once every 15 minutes. You must inspect the 
monitoring system at least once every month to verify that the monitor 
will indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the web coating/printing or dyeing/finishing operation is stopped 
when flow is diverted by the bypass line away from the add-on control 
device to the atmosphere when the web coating/printing or dyeing/
finishing operation is running. You must inspect the automatic shutdown 
system at least once every month to verify that it will detect 
diversions of flow and shutdown the web coating/printing or dyeing/
finishing operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec. 63.4311.
    (c) Oxidizers. If you are using an oxidizer to comply with the 
emission standards, you must comply with paragraphs (c)(1) through (3) 
of this section.
    (1) Install, calibrate, maintain, and operate temperature monitoring 
equipment according to the manufacturer's specifications. The 
calibration of the

[[Page 901]]

chart recorder, data logger, or temperature indicator must be verified 
every 3 months or the chart recorder, data logger, or temperature 
indicator must be replaced. A thermocouple is considered part of the 
temperature indicator for purposes of performing periodic calibration 
and verification checks.
    (2) For an oxidizer other than a catalytic oxidizer, install, 
calibrate, operate, and maintain a temperature monitoring device 
equipped with a continuous recorder. The device must have an accuracy of 
1 percent of the temperature being monitored in 
degrees Celsius, or 1 [deg]Celsius, whichever is 
greater. The thermocouple or temperature sensor must be installed in the 
combustion chamber at a location in the combustion zone.
    (3) For a catalytic oxidizer, install, calibrate, operate, and 
maintain a temperature monitoring device equipped with a continuous 
recorder. The device must be capable of monitoring temperature with an 
accuracy of 1 percent of the temperature being 
monitored in degrees Celsius or 1 degree Celsius, 
whichever is greater. The thermocouple or temperature sensor must be 
installed in the vent stream at the nearest feasible point to the inlet 
and outlet of the catalyst bed. Calculate the temperature rise across 
the catalyst.
    (d) Other types of control devices. If you use a control device 
other than an oxidizer or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of an alternative monitoring method under 
Sec. 63.8(f).
    (e) Capture system monitoring. If you are complying with the 
emission standards in Sec. 63.4290 through the use of a capture system 
and control device, you must develop a site-specific monitoring plan 
containing the information specified in paragraphs (e)(1) and (2) of 
this section for these capture systems. You must monitor the capture 
system in accordance with paragraph (e)(3) of this section. You must 
make the monitoring plan available for inspection by the permitting 
authority upon request.
    (1) The monitoring plan must:
    (i) Identify the operating parameter to be monitored to ensure that 
the capture efficiency determined during the initial compliance test is 
maintained; and
    (ii) Explain why this parameter is appropriate for demonstrating 
ongoing compliance; and
    (iii) Identify the specific monitoring procedures.
    (2) The monitoring plan must specify the operating parameter value 
or range of values that demonstrate compliance with the emission 
standards in Sec. 63.4290. The specified operating parameter value or 
range of values must represent the conditions present when the capture 
system is being properly operated and maintained.
    (3) You must conduct all capture system monitoring in accordance 
with the plan.
    (4) Any deviation from the operating parameter value or range of 
values which are monitored according to the plan will be considered a 
deviation from the operating limit.
    (5) You must review and update the capture system monitoring plan at 
least annually.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9630, Mar. 15, 2019]

                   Other Requirements and Information



Sec. 63.4370  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 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 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 and are not transferred to the State, 
local, or tribal agency.

[[Page 902]]

    (c) The authorities that will not 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 work practice standards in Sec. 
63.4293 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. 63.4371  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:
    Add-on control means an air pollution control device, such as a 
thermal oxidizer or carbon adsorber, that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.
    As-applied means the condition of a coating at the time of 
application to a substrate, including any added solvent.
    As purchased means the condition of a coating, printing, slashing, 
dyeing, or finishing material as delivered to the affected source, 
before alteration.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency means the portion (expressed as a percentage) of 
the pollutants from an emission source that is delivered to an add-on 
control device.
    Capture system means one or more capture devices intended to collect 
emissions generated by a web coating/printing or dyeing/finishing 
operation in the use of regulated materials, both at the point of 
application and at subsequent points where emissions from the regulated 
materials occur, such as flashoff, drying, or curing. As used in this 
subpart, multiple capture devices that collect emissions generated by a 
web coating/printing or dyeing/finishing operation are considered a 
single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, or oil, from a textile before a 
web coating/printing operation (surface preparation) or from equipment 
associated with the web coating/ printing operation, such as tanks, 
rollers, rotary screens, and knife or wiper blades. Thus, it includes 
any cleaning material used in the web coating and printing subcategory 
for surface preparation of substrates or process operation equipment 
cleaning or both with the exception of cleaning material applied to the 
substrate using handheld, non-refillable aerosol containers.
    Coating means the application of a semi-liquid coating material to 
one or both sides of a textile web substrate. Once the coating material 
is dried (and cured, if necessary), it bonds with the textile to form a 
continuous solid film for decorative, protective, or functional 
purposes. Coating does not include finishing where the fiber is 
impregnated with a chemical or resin to impart certain properties, but a 
solid film is not formed.
    Coating material means an elastomer, polymer, or prepolymer material 
applied as a thin layer to a textile web. Such materials include, but 
are not limited to, coatings, sealants, inks, and adhesives. Decorative, 
protective, or functional materials that consist only of acids, bases, 
or any combination of these substances are not considered coating 
material for the purposes of this subpart. Thinning materials also are 
not included in this definition of coating materials, but are accounted 
for separately.
    Coating operation means equipment used to apply cleaning materials 
to a web substrate to prepare it for coating material application 
(surface preparation), to apply coating material to a web substrate 
(coating application) and to dry or cure the coating material after 
application by exposure to heat or radiation (coating drying or curing), 
or to clean coating operation equipment (equipment cleaning). A single 
coating operation may include any combination of these types of 
equipment, but always includes at least the point at which a coating or 
cleaning material is applied and all subsequent

[[Page 903]]

points in the affected source where organic HAP emissions from that 
coating or cleaning material occur. There may be multiple coating 
operations in an affected source. Coating material application with 
handheld, non-refillable aerosol containers, touch-up markers, or 
marking pens is not a coating operation for the purposes of this 
subpart. Polyurethane foam carpet backing operations are not coating 
operations for the purposes of this subpart.
    Container means any portable device in which a material is stored, 
conveyed, treated, disposed of, or otherwise handled.
    Continuous parameter monitoring system means the total equipment 
that may be required to meet the data acquisition and availability 
requirements of this subpart, used to sample, condition (if applicable), 
analyze, and provide a record of coating or printing operation, or 
capture system, or add-on control device parameters.
    Controlled web coating/printing or dyeing/finishing operation means 
a web coating/printing or dyeing/finishing operation from which some or 
all of the organic HAP emissions are routed through an emission capture 
system and add-on control device.
    Deviation means:
    (1) Before September 12, 2019, 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, or 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) Fails to meet any emission limit, or 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; and
    (2) On and after September 12, 2019, 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, or 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.
    Dyeing means the process of applying color to the whole body of a 
textile substrate with either natural or synthetic dyes. Dyes are 
applied to yarn, fiber, cord, or fabric in aqueous solutions and dried 
before or after finishing, depending on the process. Continuous dyeing 
processes include, but are not limited to thermosol, pad/steam, pad/dry, 
and rope range dyeing. Batch dyeing processes include, but are not 
limited to, jet, beck, stock, yarn, kier, beam, pad, package and skein 
dyeing.
    Dyeing materials means the purchased dyes and dyeing auxiliaries 
that are used in the dyeing process. The dyes are the substances that 
add color to textiles through incorporation into the fiber by chemical 
reaction, absorption or dispersion. Dyeing auxiliaries are various 
substances that can be added to the dyebath to aid dyeing. Dyeing 
auxiliaries may be necessary to transfer the dye from the dyebath to the 
fiber or they may provide improvements in the dyeing process or 
characteristics of the dyed fiber.
    Dyeing operation means the collection of equipment used to dye a 
textile substrate and includes equipment used for dye application, dye 
fixation, and textile substrate rinsing and drying. A single dyeing 
operation may include any combination of these types of equipment, but 
always includes at least the point at which a dyeing material is applied 
and all subsequent points in the affected source where organic HAP 
emissions from that dyeing material occur. There may be multiple dyeing 
operations in an affected source. Dyeing material application with 
handheld, non-refillable aerosol containers, touch-up markers, brushes, 
or marking pens is not a dyeing operation for the purposes of this 
subpart.

[[Page 904]]

    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Enclosure means a structure that surrounds a source of emissions and 
captures and directs the emissions to an add-on control device.
    Fabric means any woven, knitted, plaited, braided, felted, or non-
woven material made of filaments, fibers, or yarns including thread. 
This term includes material made of fiberglass, natural fibers, 
synthetic fibers, or composite.
    Finishing means the chemical treatment of a textile (e.g., with 
resins, softeners, stain resist or soil release agents, water 
repellants, flame retardants, antistatic agents, or hand builders) that 
improves the appearance and/or usefulness of the textile substrate.
    Finishing materials means the purchased substances (including 
auxiliaries added to the finish to improve the finishing process or the 
characteristics of the finished textile) that are applied individually 
or as mixtures to textile substrates to impart desired properties.
    Finishing operations means the collection of equipment used to 
finish a textile substrate including chemical finish applicator(s), 
flashoff area(s) and drying or curing oven(s).
    Laminated fabric means fabric composed of a high-strength 
reinforcing base fabric between two plies of flexible thermoplastic 
film. Two or more fabrics or textiles or a fabric and a paper substrate 
may be bonded with an adhesive to form a laminate. The bonding of a 
fabric substrate to paper is not subject to the requirements of this 
subpart.
    Manufacturer's formulation data means data on a material (such as a 
coating, printing, slashing, dyeing and finishing) that are supplied by 
the material manufacturer based on knowledge of the ingredients used to 
manufacture that material, rather than based on testing of the material. 
Manufacturer's formulation data may include, but are not limited to, 
information on density, organic HAP content, and coating, printing, 
dyeing, slashing, finishing, thinning, or cleaning material content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained; kg of organic 
HAP per kg of material.
    Month means a calendar month or a pre-specified period of 28 days to 
35 days to allow for flexibility in recordkeeping when data are based on 
a business accounting period.
    No organic HAP means no organic HAP in table 5 to this subpart is 
present at 0.1 percent by mass or more and no organic HAP not listed in 
table 5 to this subpart is present at 1.0 percent by mass or more. The 
organic HAP content of a regulated material is determined according to 
Sec. 63.4321(e)(1).
    Operating scenario means for a dyeing/finishing process operation or 
group of process operations, the combination of operating conditions 
(including but not limited to, type of substrate, type and mass fraction 
of organic HAP in dyeing/finishing materials applied, and the process 
operation temperature and pressure) affecting the fraction of organic 
HAP applied in dyeing and finishing operations discharged to wastewater. 
For example, a dyeing process operation run at atmospheric pressure 
would be a different operating scenario from the same dyeing process 
operation run under pressure.
    Organic HAP content means the mass of organic HAP per mass of solids 
for a coating or printing material calculated using Equation 1 of Sec. 
63.4321. The organic HAP content is determined for the coating or 
printing material as purchased.
    Organic HAP overall control efficiency means the total efficiency of 
a control system, determined either by:
    (1) The product of the capture efficiency as determined in 
accordance with the requirements of Sec. 63.4361 and the control device 
organic emissions destruction or removal efficiency determined in 
accordance with the requirements of Sec. 63.4362; or
    (2) A liquid-liquid material balance in accordance with the 
requirements of Sec. 63.4341(e)(5) or (f)(5) or Sec. 63.4351(d)(5).
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases

[[Page 905]]

from the enclosure to an add-on control device.
    Point of determination means each point where process wastewater 
exits the dyeing/finishing process unit.
    Printing means the application of color and patterns to textiles, 
usually in the form of a paste, using a variety of techniques including, 
but not limited to roller, rotary screen, and ink jet printing. After 
application of the printing material, the textile usually is treated 
with steam, heat, or chemicals to fix the color.
    Printing material means the purchased substances, usually including 
gums or thickeners, dyes and appropriate chemicals such as defoamers and 
resins that are mixed to produce the print pastes applied to textile 
substrates as patterns and colors.
    Printing operation means equipment used to apply cleaning materials 
to a web substrate to prepare it for printing material application 
(surface preparation), to apply printing material to one or both sides 
of a web substrate (printing application) and to dry or cure the 
printing material after application by exposure to heat or radiation 
(printing material drying or curing), or to clean printing operation 
equipment (equipment cleaning). A single printing operation may include 
any combination of these types of equipment, but always includes at 
least the point at which a printing or cleaning material is applied and 
all subsequent points in the affected source where organic HAP emissions 
from that printing or cleaning material occur. There may be multiple 
printing operations in an affected source.
    Publically owned treatment works or POTW means any device or system 
used in the treatment (including recycling and reclamation) of municipal 
sewage or industrial wastes of a liquid nature which is owned by a 
``State'' or ``municipality'' (as defined by section 502(4) of the CWA). 
This definition includes sewers, pipes or other conveyances only if they 
convey wastewater to a POTW providing treatment.
    Regulated materials means the organic-containing materials that are 
used in the three printing, coating, and dyeing subcategories defined in 
Sec. 63.4281(a). Organic-HAP containing regulated materials are the 
source of the organic HAP emissions limited by the requirements of this 
subpart. The specific regulated materials for each subcategory are 
defined in Sec. 63.4282.
    Research or laboratory operation means an operation whose primary 
purpose is for research and development of new processes and products 
that is conducted under the close supervision of technically trained 
personnel and is not engaged in the manufacture of final or intermediate 
products for commercial purposes, except in a de minimis manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Slashing means the application of a chemical sizing solution to warp 
yarns prior to weaving to protect against snagging or abrasion that 
could occur during weaving.
    Slashing materials, also known as sizing, means the purchased 
compounds that are applied to warp yarns prior to weaving. Starch, 
gelatin, oil, wax, and manufactured polymers such as polyvinyl alcohol, 
polystyrene, polyacrylic acid and polyacetates are used as sizing 
compounds.
    Slashing operation means the equipment used to mix and prepare size 
for application and the slasher, which is the equipment used to apply 
and dry size on warp yarn.
    Solids means the nonvolatile portion of the coating and printing 
materials that makes up the dry film on a coated substrate and the 
pattern or color on a printed substrate.
    Startup, initial means the first time equipment is brought online in 
a facility.
    Surface preparation means chemical treatment of part or all of a 
substrate to prepare it for coating or printing material application.
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from a 
given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Textile means any one of the following:
    (1) Staple fibers and filaments suitable for conversion to or use as 
yarns, or for the preparation of woven, knit, or nonwoven fabrics;

[[Page 906]]

    (2) Yarns made from natural or manufactured fibers;
    (3) Fabrics and other manufactured products made from staple fibers 
and filaments and from yarn; and
    (4) Garments and other articles fabricated from fibers, yarns, or 
fabrics.
    Thinning material means an organic solvent that is added to a 
coating or printing material after the coating or printing material is 
received from the supplier.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic material determined according to Methods 
204A through 204C of appendix M to 40 CFR part 51 and substituting the 
term TVH each place in the methods where the term VOC is used. The TVH 
includes both VOC and non-VOC.
    Uncontrolled web coating/printing or dyeing/finishing operation 
means acoating/printing or dyeing/finishing operation from which none of 
the organic HAP emissions are routed through an emission capture system 
and add-on control device.
    Volatile organic compounds (VOC) means any compounds defined as VOC 
in 40 CFR 51.100(s).
    Wastewater means water that is generated in a web coating, web 
printing, slashing, dyeing or finishing operation and is collected, 
stored, or treated prior to being discarded or discharged.
    Web means a continuous textile substrate which is flexible enough to 
be wound or unwound as rolls.

[68 FR 32189, May 29, 2003, as amended at 84 FR 9630, Mar. 15, 2019; 85 
FR 41150, July 8, 2020]



  Sec. Table 1 to Subpart OOOO of Part 63--Emission Limits for New or 
Reconstructed and Existing Affected Sources in the Printing, Coating and 
          Dyeing of Fabrics and Other Textiles Source Category

    If you are required to comply with emission limitations in 
accordance with Sec. Sec. 63.4290 and 63.4291, you must comply with the 
applicable emission limits in the following table:

------------------------------------------------------------------------
                                                      Then this is the
                                                    organic HAP emission
If your affected source is a   And it conducts . .     limit for each
            . . .                       .            compliance period .
                                                             . .
------------------------------------------------------------------------
1. New or reconstructed       Coating operations    You may choose any
 coating and printing          only, or Printing     one of the
 affected source.              operations only, or   following limits:
                               Both coating and     Reduce organic HAP
                               printing operations.  emissions to the
                                                     atmosphere by
                                                     achieving at least
                                                     a 98 percent
                                                     organic HAP overall
                                                     control efficiency;
                                                     Limit organic HAP
                                                     emissions to the
                                                     atmosphere to no
                                                     more than 0.08 kg
                                                     of organic HAP per
                                                     kg of solids
                                                     applied; or If you
                                                     use an oxidizer to
                                                     control organic HAP
                                                     emissions, operate
                                                     the oxidizer such
                                                     that an outlet
                                                     organic HAP
                                                     concentration of no
                                                     greater than 20
                                                     ppmv on a dry basis
                                                     is achieved and the
                                                     efficiency of the
                                                     capture system is
                                                     100 percent.
------------------------------------------------------------------------
2. Existing coating and       Coating operations    You may choose any
 printing affected source.     only, or Printing     one of the
                               operations only, or   following limits:
                               Both coating and     Reduce organic HAP
                               printing operations.  emissions to the
                                                     atmosphere by
                                                     achieving at least
                                                     a 97 percent
                                                     organic HAP overall
                                                     control efficiency;
                                                    Limit organic HAP
                                                     emissions to the
                                                     atmosphere to no
                                                     more than 0.12 kg
                                                     of organic HAP per
                                                     kg of solids
                                                     applied; or
                                                    If you use an
                                                     oxidizer to control
                                                     organic HAP
                                                     emissions, operate
                                                     the oxidizer such
                                                     that an outlet
                                                     organic HAP
                                                     concentration of no
                                                     greater than 20
                                                     ppmv on a dry basis
                                                     is achieved and the
                                                     efficiency of the
                                                     capture system is
                                                     100 percent.
------------------------------------------------------------------------

[[Page 907]]

 
3. New, reconstructed or      a. Dyeing operations  You must limit
 existing dyeing finishing     only.                 organic HAP
 affected source.                                    emissions to the
                                                     atmosphere to no
                                                     more than 0.016 kg
                                                     of organic HAP per
                                                     kg of dyeing
                                                     materials applied.
                              b. Finishing          You must limit
                               operations only.      organic HAP
                                                     emissions to the
                                                     atmosphere to no
                                                     more than 0.0003 kg
                                                     of organic HAP per
                                                     kg of finishing
                                                     materials applied.
                              c. Both dyeing and    You must limit
                               finishing             organic HAP
                               operations.           emissions to the
                                                     atmosphere to no
                                                     more than 0.016 kg
                                                     of organic HAP per
                                                     kg of dyeing and
                                                     finishing materials
                                                     applied.
------------------------------------------------------------------------
4. New, reconstructed or      Slashing operations   You must limit
 existing slashing affected    only.                 organic HAP
 source.                                             emissions to the
                                                     atmosphere to no
                                                     more than zero kg
                                                     organic HAP per kg
                                                     of slashing
                                                     materials as
                                                     determined
                                                     according to Sec.
                                                     63.4321(e)(1)(iv)
                                                     of this subpart.
------------------------------------------------------------------------



 Sec. Table 2 to Subpart OOOO of Part 63--Operating Limits if Using Add-
                  On Control Devices and Capture System

    If you are required to comply with the operating limits by Sec. 
63.4292, you must comply with the applicable operating limits in the 
following table:

------------------------------------------------------------------------
                                                        And you must
                                                         demonstrate
For the following device . .    You must meet the        continuous
              .                following operating   compliance with the
                                   limit . . .      operating limit by .
                                                             . .
------------------------------------------------------------------------
1. Thermal oxidizer.........  a. The average        i. Collecting the
                               temperature in any    temperature data
                               3-hour block period   according to Sec.
                               must not fall below   63.4364(c);
                               the temperature      ii. Reducing the
                               limit established     data to 3-hour
                               according to Sec. block averages; and
                               63.4363(a)           iii. Maintaining the
                                                     3-hour block
                                                     average temperature
                                                     at or above the
                                                     temperature limit.
------------------------------------------------------------------------
2. Catalytic oxidizer.......  a. The average        i. Collecting the
                               temperature           temperature data
                               measured at the       according to Sec.
                               inlet to the          63.4364(c);
                               catalyst bed in any  ii. reducing the
                               3-hour block period   data to 3-hour
                               must not fall below   block averages; and
                               the limit            iii. maintaining the
                               established           3-hour block
                               according to Sec. average catalyst
                               63.4363(b); and       bed inlet
                               either                temparature at or
                                                     above temperature
                                                     limit.
                              b. Ensure that the    Collecting the
                               average temperature   temperature data
                               difference across     according to Sec.
                               the catalyst bed in   63.4364(c),
                               any 3-hour block      reducing the data
                               period does not       to 3-hour block
                               fall below the        averages, and
                               temperature           maintaining the 3-
                               difference limit      hour block average
                               established           temperature
                               according to Sec. difference at or
                               63.4363(b)(2); or     above the
                                                     temperature
                                                     difference limit.
                              c. Develop and        Maintaining an up-to-
                               implement an          date inspection and
                               inspection and        maintenance plan,
                               maintenance plan      records of annual
                               according to Sec. catalyst activity
                               63.4363(b)(4).        checks, records of
                                                     monthly inspections
                                                     of the oxidizer
                                                     system, and records
                                                     of the annual
                                                     internal
                                                     inspections of the
                                                     catalyst bed. If a
                                                     problem is
                                                     discovered during a
                                                     monthly or annual
                                                     inspection required
                                                     by Sec.
                                                     63.4363(b)(4), you
                                                     must take
                                                     corrective action
                                                     as soon as
                                                     practicable
                                                     consistent with the
                                                     manufacturer's
                                                     recommendations.
------------------------------------------------------------------------
3. Emission capture system..  Submit monitoring     Conduct monitoring
                               plan to the           according to the
                               Administrator that    plan (Sec.
                               identifies            63.4364(e)(3)).
                               operating
                               parameters to be
                               monitored according
                               to Sec.
                               63.4364(e).
------------------------------------------------------------------------


[[Page 908]]



   Sec. Table 3 to Subpart OOOO of Part 63--Applicability of General 
                       Provisions to Subpart OOOO

     [You must comply with the applicable General Provisions requirements according to the following table:]
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to
             Citation                       Subject              subpart OOOO               Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(12)............  General Applicability..  Yes.................
Sec. 63.1(b)(1)-(3).............  Initial Applicability    Yes.................  Applicability to subpart OOOO
                                     Determination.                                 is also specified in Sec.
                                                                                    63.4281.
Sec. 63.1(c)(1).................  Applicability After      Yes.................
                                     Standard Established.
Sec. 63.1(c)(2)-(3).............  Applicability of Permit  No..................  Area sources are not subject
                                     Program for Area                               to subpart OOOO.
                                     Sources.
Sec. 63.1(c)(4)-(5).............  Extensions and           Yes.................
                                     Notifications.
Sec. 63.1(c)(6).................  Reclassification.......  Yes.................
Sec. 63.1(e)....................  Applicability of Permit  Yes.................
                                     Program Before
                                     Relevant Standard is
                                     Set.
Sec. 63.2.......................  Definitions............  Yes.................  Additional definitions are
                                                                                    specified in Sec. 63.4371.
Sec. 63.3(a)-(c)................  Units and Abbreviations  Yes.................
Sec. 63.4(a)(1)-(5).............  Prohibited Activities..  Yes.................
Sec. 63.4(b)-(c)................  Circumvention/           Yes.................
                                     Severability.
Sec. 63.5(a)....................  Construction/            Yes.................
                                     Reconstruction.
Sec. 63.5(b)(1)-(6).............  Requirements for         Yes.................
                                     Existing, Newly
                                     Constructed, and
                                     Reconstructed Sources.
Sec. 63.5(d)....................  Application for          Yes.................
                                     Approval of
                                     Construction/
                                     Reconstruction.
Sec. 63.5(e)....................  Approval of              Yes.................
                                     Construction/
                                     Reconstruction.
Sec. 63.5(f)....................  Approval of              Yes.................
                                     Construction/
                                     Reconstruction Based
                                     on Prior State Review.
Sec. 63.6(a)....................  Compliance With          Yes.................
                                     Standards and
                                     Maintenance
                                     Requirements--Applicab
                                     ility.
Sec. 63.6(b)(1)-(7).............  Compliance Dates for     Yes.................  Section 63.4283 specifies the
                                     New and Reconstructed                          compliance dates.
                                     Sources.
Sec. 63.6(c)(1)-(5).............  Compliance Dates for     Yes.................  Section 63.4283 specifies the
                                     Existing Sources.                              compliance dates.
Sec. 63.6(e)(1)(i)..............  Operation and            Yes, before           See Sec. 63.4300(b) for
                                     Maintenance.             September 12, 2019..  general duty requirement.
                                                             No, on and after
                                                              September 12, 2019.
Sec. 63.6(e)(1)(ii).............  Operation and            Yes, before
                                     Maintenance.             September 12, 2019..
                                                             No, on and after
                                                              September 12, 2019.
Sec. 63.6(e)(1)(iii)............  Operation and            Yes.................
                                     Maintenance.
Sec. 63.6(e)(3).................  Startup, Shutdown, and   Yes, before
                                     Malfunction Plan.        September 12, 2019..
                                                             No, on and after
                                                              September 12, 2019.
Sec. 63.6(f)(1).................  Compliance Except        Yes, before
                                     During Startup,          September 12, 2019..
                                     Shutdown, and           No, on and after
                                     Malfunction.             September 12, 2019.
Sec. 63.6(f)(2)-(3).............  Methods for Determining  Yes.................
                                     Compliance.
Sec. 63.6(g)(1)-(3).............  Use of an Alternative    Yes.................
                                     Standard.
Sec. 63.6(h)....................  Compliance With Opacity/ No..................  Subpart OOOO does not
                                     Visible Emission                               establish opacity standards
                                     Standards.                                     and does not require
                                                                                    continuous opacity
                                                                                    monitoring systems (COMS).
Sec. 63.6(i)(1)-(16)............  Extension of Compliance  Yes.................

[[Page 909]]

 
Sec. 63.6(j)....................  Presidential Compliance  Yes.................
                                     Exemption.
Sec. 63.7(a)(1).................  Performance Test         Yes.................  Applies to all affected
                                     Requirements--Applicab                         sources. Additional
                                     ility.                                         requirements for performance
                                                                                    testing are specified in
                                                                                    Sec. Sec. 63.4360,
                                                                                    63.4361, and 63.4362.
Sec. 63.7(a)(2).................  Performance Test         Yes.................  Applies only to performance
                                     Requirements--Dates.                           tests for capture system and
                                                                                    control device efficiency at
                                                                                    sources using these to
                                                                                    comply with the standard.
Sec. 63.7(a)(3).................  Performance Tests        Yes.................
                                     Required by the
                                     Administrator.
Sec. 63.7(b)-(d)................  Performance Test         Yes.................  Applies only to performance
                                     Requirements--Notifica                         tests for capture system and
                                     tion, Quality                                  control device efficiency at
                                     Assurance, Facilities                          sources using these to
                                     Necessary for Safe                             comply with the standard.
                                     Testing, Conditions
                                     During Test.
Sec. 63.7(e)(1).................  Conduct of performance   Yes, before           See Sec. 63.4360.
                                     tests.                   September 12, 2019..
                                                             No, on and after
                                                              September 12, 2019.
Sec. 63.7(e)(2)-(4).............  Conduct of performance   Yes.................
                                     tests.
Sec. 63.7(f)....................  Performance Test         Yes.................  Applies to all test methods
                                     Requirements--Use of                           except those used to
                                     Alternative Test                               determine capture system
                                     Method.                                        efficiency.
Sec. 63.7(g)-(h)................  Performance Test         Yes.................  Applies only to performance
                                     Requirements--Data                             tests for capture system and
                                     Analysis,                                      add-on control device
                                     Recordkeeping, Waiver                          efficiency at sources using
                                     of Test.                                       these to comply with the
                                                                                    standards.
Sec. 63.8(a)(1)-(3).............  Monitoring               Yes.................  Applies only to monitoring of
                                     Requirements--Applicab                         capture system and add-on
                                     ility.                                         control device efficiency at
                                                                                    sources using these to
                                                                                    comply with the standards.
                                                                                    Additional requirements for
                                                                                    monitoring are specified in
                                                                                    Sec. 63.4364.
Sec. 63.8(a)(4).................  Additional Monitoring    No..................  Subpart OOOO does not have
                                     Requirements.                                  monitoring requirements for
                                                                                    flares.
Sec. 63.8(b)....................  Conduct of Monitoring..  Yes.................
Sec. 63.8(c)(1).................  Continuous Monitoring    Yes, before           Section 63.4364 specifies the
                                     Systems (CMS)            September 12, 2019.   requirements for the
                                     Operation and            No, on and after      operation of CMS for capture
                                     Maintenance.             September 12, 2019.   systems and add-on control
                                                                                    devices at sources using
                                                                                    these to comply.
Sec. 63.8(c)(2)-(3).............  CMS Operation and        Yes.................  Applies only to monitoring of
                                     Maintenance.                                   capture system and add-on
                                                                                    control device efficiency at
                                                                                    sources using these to
                                                                                    comply with the standards.
                                                                                    Additional requirements for
                                                                                    CMS operations and
                                                                                    maintenance are specified in
                                                                                    Sec. 63.4364.
Sec. 63.8(c)(4).................  CMS....................  No..................  Section 63.4364 specifies the
                                                                                    requirements for the
                                                                                    operation of CMS for capture
                                                                                    systems and add-on control
                                                                                    devices at sources using
                                                                                    these to comply.
Sec. 63.8(c)(5).................  COMS...................  No..................  Subpart OOOO does not have
                                                                                    opacity or visible emission
                                                                                    standards.
Sec. 63.8(c)(6).................  CMS Requirements.......  No..................  Section 63.4364 specifies the
                                                                                    requirements for monitoring
                                                                                    systems for capture systems
                                                                                    and add-on control devices
                                                                                    at sources using these to
                                                                                    comply.
Sec. 63.8(c)(7).................  CMS Out of Control       Yes.................
                                     Periods.
Sec. 63.8(c)(8).................  CMS Out of Control       No..................  Section 63.4311 requires
                                     Periods and Reporting.                         reporting of CMS out-of-
                                                                                    control periods.
Sec. 63.8(d)-(e)................  Quality Control Program  No..................  Subpart OOOO does not require
                                     and CMS Performance                            the use of CEMS.
                                     Evaluation.
Sec. 63.8(f)(1)-(5).............  Use of an Alternative    Yes.................
                                     Monitoring Method.
Sec. 63.8(f)(6).................  Alternative to Relative  No..................  Subpart OOOO does not require
                                     Accuracy Test.                                 the use of CEMS.
Sec. 63.8(g)(1)-(5).............  Data Reduction.........  No..................  Sections 63.4363 and 63.4364
                                                                                    specify monitoring data
                                                                                    reduction.
Sec. 63.9(a)....................  Applicability and        Yes.................
                                     General Information.

[[Page 910]]

 
Sec. 63.9(b)....................  Initial Notifications..  No..................  Subpart OOOO provides 1 year
                                                                                    for an existing source to
                                                                                    submit an initial
                                                                                    notification.
Sec. 63.9(c)....................  Request for Extension    Yes.................
                                     of Compliance.
Sec. 63.9(d)....................  Notification that        Yes.................
                                     Source is Subject to
                                     Special Compliance
                                     Requirements.
Sec. 63.9(e)....................  Notification of          Yes.................  Applies only to capture
                                     Performance Test.                              system and add-on control
                                                                                    device performance tests at
                                                                                    sources using these to
                                                                                    comply with the standards.
Sec. 63.9(f)....................  Notification of Visible  No..................  Subpart OOOO does not have
                                     Emissions/Opacity Test.                        opacity or visible emission
                                                                                    standards.
Sec. 63.9(g)(1)-(3).............  Additional               No..................  Subpart OOOO does not require
                                     Notifications When                             the use of CEMS.
                                     Using CMS.
Sec. 63.9(h)....................  Notification of          Yes.................  Section 63.4310 specifies the
                                     Compliance Status.                             dates for submitting the
                                                                                    notification of compliance
                                                                                    status.
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)...................  Recordkeeping/           Yes.................
                                     Reporting--Applicabili
                                     ty and General
                                     Information.
Sec. 63.10(b)(1)................  General Recordkeeping    Yes.................  Additional Requirements are
                                     Requirements.                                  specified in Sec. Sec.
                                                                                    63.4312 and 63.4313.
Sec. 63.10(b)(2)(i).............  Recordkeeping of         Yes, before           See Sec. 63.4312(i)
                                     Occurrence and           September 12, 2019.
                                     Duration of Startups     No, on and after
                                     and Shutdowns.           September 12, 2019.
Sec. 63.10(b)(2)(ii)............  Recordkeeping of         Yes, before           See Sec. 63.4312(i).
                                     Failures to Meet         September 12, 2019.
                                     Standards.               No, on and after
                                                              September 12, 2019.
Sec. 63.10(b)(2)(iii)...........  Recordkeeping Relevant   Yes.................
                                     to Maintenance of Air
                                     Pollution Control and
                                     Monitoring Equipment.
Sec. 63.10(b)(2)(iv)-(v)........  Actions Taken to         Yes, before           See Sec. 63.4312(i)(4) for
                                     Minimize Emissions       September 12, 2019.   a record of actions taken to
                                     During Startup,          No, on and after      minimize emissions during a
                                     Shutdown, and            September 12, 2019.   deviation from the standard.
                                     Malfunction.
Sec. 63.10(b)(2)(vi)............  Recordkeeping for CMS    Yes, before           See Sec. 63.4312(i) for
                                     malfunctions.            September 12, 2019.   records of periods of
                                                              No, on and after      deviation from the standard,
                                                              September 12, 2019..  including instances where a
                                                                                    CMS is inoperative or out-of-
                                                                                    control.
Sec. 63.10(b)(2)(vii)-(xi)......  Records................  Yes.................
Sec. 63.10(b)(2)(xii)...........  Records................  Yes.................
Sec. 63.10(b)(2)(xiii)..........  .......................  No..................  Subpart OOOO does not require
                                                                                    the use of CEMS.
Sec. 63.10(b)(2)(xiv)...........  .......................  Yes.................
Sec. 63.10(b)(3)................  Recordkeeping            Yes.................
                                     Requirements for
                                     Applicability
                                     Determinations.
Sec. 63.10(c)(1)-(6)............  Additional               Yes.................
                                     Recordkeeping
                                     Requirements for
                                     Sources with CMS.
Sec. 63.10(c)(7)-(8)............  Additional               No..................  See Sec. 63.4312(i)(1) for
                                     Recordkeeping                                  records of periods of
                                     Requirements for                               deviation from the standard,
                                     Sources with CMS.                              including instances where a
                                                                                    CMS is inoperative or out-of-
                                                                                    control.
Sec. 63.10(c)(10)-(14)..........  Additional               Yes.................
                                     Recordkeeping
                                     Requirements for
                                     Sources with CMS.
Sec. 63.10(c)(15)...............  Records Regarding the    Yes, before
                                     Startup, Shutdown, and   September 12, 2019.
                                     Malfunction Plan.        No, on and after
                                                              September 12, 2019.

[[Page 911]]

 
Sec. 63.10(d)(1)................  General Reporting        Yes.................  Additional requirements are
                                     Requirements.                                  specified in Sec. 63.4311.
Sec. 63.10(d)(2)................  Report of Performance    Yes.................  Additional requirements are
                                     Test Results.                                  specified in Sec.
                                                                                    63.4311(b).
Sec. 63.10(d)(3)................  Reporting Opacity or     No..................  Subpart OOOO does not require
                                     Visible Emissions                              opacity or visible emissions
                                     Observations.                                  observations.
Sec. 63.10(d)(4)................  Progress Reports for     Yes.................
                                     Sources With
                                     Compliance Extensions.
Sec. 63.10(d)(5)................  Startup, Shutdown, and   Yes, before           See Sec. 63.4311(a)(7).
                                     Malfunction Reports.     September 12, 2019.
                                                              No, on and after
                                                              September 12, 2019.
Sec. 63.10(e)(1)-(2)............  Additional CMS Reports.  No..................  Subpart OOOO does not require
                                                                                    the use of CEMS.
Sec. 63.10(e)(3)................  Excess Emissions/CMS     No..................  Section 63.4311(a) specifies
                                     Performance Reports.                           the contents of periodic
                                                                                    compliance reports.
Sec. 63.10(e)(4)................  COMS Data Reports......  No..................  Subpart OOOO does not specify
                                                                                    requirements for opacity or
                                                                                    COMS.
Sec. 63.10(f)...................  Recordkeeping/Reporting  Yes.................
                                     Waiver.
Sec. 63.11......................  Control Device           No..................  Subpart OOOO does not specify
                                     Requirements/Flares.                           use of flares for
                                                                                    compliance.
Sec. 63.12......................  State Authority and      Yes.................
                                     Delegations.
Sec. 63.13......................  Addresses..............  Yes.................
Sec. 63.14......................  Incorporation by         Yes.................  ASNI/ASME PTC 19.10-1981,
                                     Reference.                                     part 10.
Sec. 63.15......................  Availability of          Yes.................  .............................
                                     Information/
                                     Confidentiality.
----------------------------------------------------------------------------------------------------------------


[84 FR 9631, Mar. 15, 2019, as amended at 85 FR 73907, Nov. 19, 2020]



   Sec. Table 4 to Subpart OOOO of Part 63--Default Organic HAP Mass 
                Fraction for Solvents and Solvent Blends

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data.

----------------------------------------------------------------------------------------------------------------
                                                     Average
       Solvent/solvent blend          CAS. No.     organic HAP         Typical organic HAP, percent by mass
                                                  mass fraction
----------------------------------------------------------------------------------------------------------------
1. Toluene........................      108-88-3          1.0    Toluene.
2. Xylene(s)......................     1330-20-7          1.0    Xylenes, ethylbenzene.
3. Hexane.........................      110-54-3          0.5    n-hexane.
4. n-Hexane.......................      110-54-3          1.0    n-hexane.
5. Ethylbenzene...................      100-41-4          1.0    Ethylbenzene.
6. Aliphatic 140..................  ............          0      None.
7. Aromatic 100...................  ............          0.02   1% xylene, 1% cumene.
8. Aromatic 150...................  ............          0.09   Naphthalene.
9. Aromatic naphta................    64742-95-6          0.02   1% xylene, 1% cumene.
10. Aromatic solvent..............    64742-94-5          0.1    Naphthalene.
11. Exempt mineral spirits........     8032-32-4          0      None.
12. Ligroines (VM & P)............     8032-32-4          0      None.
13. Lactol spirits................    64742-89-6          0.15   Toluene.
14. Low aromatic white spirit.....    64742-82-1          0      None.
15. Mineral spirits...............    64742-88-7          0.01   Xylenes.
16. Hydrotreated naphtha..........    64742-48-9          0      None.
17. Hydrotreated light distillate.    64742-47-8          0.001  Toluene.
18. Stoddard solvent..............     8052-41-3          0.01   Xylenes.
19. Super high-flash naphtha......    64742-95-6          0.05   Xylenes.
20. Varsol [supreg] solvent.......     8052-49-3          0.01   0.5% xylenes, 0.5% ethylbenzene.
21. VM & P naphtha................    64742-89-8          0.06   3% toluene, 3% xylene.
22. Petroleum distillate mixture..    68477-31-6          0.08   4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------


[[Page 912]]



   Sec. Table 5 to Subpart OOOO of Part 63--Default Organic HAP Mass 
                Fraction for Petroleum Solvent Groups \a\

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data:

----------------------------------------------------------------------------------------------------------------
                                      Average
                                    organic HAP
           Solvent type                 mass                   Typical organic HAP, percent by mass
                                      fraction
----------------------------------------------------------------------------------------------------------------
Aliphatic \b\.....................         0.03  1% Xylene, 1% Toluene, and 1% Ethylbenzene.
Aromatic \c\......................         0.06  4% Xylene, 1% Toluene, and 1% Ethylbenzene.
----------------------------------------------------------------------------------------------------------------
\a\ Use this table only if the solvent blend does not match any of the solvent blends in Table 4 to this subpart
  and you only know whether the blend is aliphatic or aromatic.
\b\ Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic
  Naphtha, Naphthol Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha, Solvent
  Blend.
\c\ Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic
  Hydrocarbons, Aromatic Hydrocarbons, Light Aromatic Solvent.



     Sec. Table 6 to Subpart OOOO 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'-Dichlorobenzidine...............................            91-94-1
3,3'-Dimethoxybenzidine..............................           119-90-4
3,3'-Dimethylbenzidine...............................           119-93-7
4,4'-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
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
------------------------------------------------------------------------


[84 FR 9634, Mar. 15, 2019]



 Subpart PPPP_National Emission Standards for Hazardous Air Pollutants 
            for Surface Coating of Plastic Parts and Products

    Source: 69 FR 20990, Apr. 19, 2004, unless otherwise noted.

[[Page 913]]

                        What This Subpart Covers



Sec. 63.4480  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for plastic parts and products surface coating 
facilities. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with the emission limitations.



Sec. 63.4481  Am I subject to this subpart?

    (a) Plastic parts and products include, but are not limited to, 
plastic components of the following types of products as well as the 
products themselves: Motor vehicle parts and accessories for 
automobiles, trucks, recreational vehicles; sporting and recreational 
goods; toys; business machines; laboratory and medical equipment; and 
household and other consumer products. Except as provided in paragraph 
(c) of this section, the source category to which this subpart applies 
is the surface coating of any plastic parts or products, as described in 
paragraph (a)(1) of this section, and it includes the subcategories 
listed in paragraphs (a)(2) through (5) of this section.
    (1) Surface coating is the application of coating to a substrate 
using, for example, spray guns or dip tanks. When application of coating 
to a substrate occurs, then surface coating also includes associated 
activities, such as surface preparation, cleaning, mixing, and storage. 
However, these activities do not comprise surface coating if they are 
not directly related to the application of the coating. Coating 
application with handheld, non-refillable aerosol containers, touch-up 
markers, marking pens, or the application of paper film or plastic film 
which may be pre-coated with an adhesive by the manufacturer are not 
coating operations for the purposes of this subpart.
    (2) The general use coating subcategory includes all surface coating 
operations that are not automotive lamp coating operations, 
thermoplastic olefin (TPO) coating operations, or assembled on-road 
vehicle coating operations.
    (3) The automotive lamp coating subcategory includes the surface 
coating of plastic components of the body of an exterior automotive lamp 
including, but not limited to, headlamps, tail lamps, turn signals, and 
marker (clearance) lamps; typical coatings used are reflective argent 
coatings and clear topcoats. This subcategory does not include the 
coating of interior automotive lamps, such as dome lamps and instrument 
panel lamps.
    (4) The TPO coating subcategory includes the surface coating of TPO 
substrates; typical coatings used are adhesion promoters, color 
coatings, clear coatings and topcoats. The coating of TPO substrates on 
fully assembled on-road vehicles is not included in the TPO coating 
subcategory.
    (5) The assembled on-road vehicle coating subcategory includes 
surface coating of fully assembled motor vehicles and trailers intended 
for on-road use, including, but not limited to: automobiles, light-duty 
trucks, heavy duty trucks, and busses that have been repaired after a 
collision or otherwise repainted; fleet delivery trucks; and motor homes 
and other recreational vehicles (including camping trailers and fifth 
wheels). This subcategory also includes the incidental coating of parts, 
such as radiator grilles, that are removed from the fully assembled on-
road vehicle to facilitate concurrent coating of all parts associated 
with the vehicle. The assembled on-road vehicle coating subcategory does 
not include the surface coating of plastic parts prior to their 
attachment to an on-road vehicle on an original equipment manufacturer's 
(OEM) assembly line. The assembled on-road vehicle coating subcategory 
also does not include the use of adhesives, sealants, and caulks used in 
assembling on-road vehicles. Body fillers used to correct small surface 
defects and rubbing compounds used to remove surface scratches are not 
considered coatings subject to this subpart.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec. 63.4482, 
that uses 378 liters (100 gallons (gal)) per year, or more, of coatings 
that contain hazardous air pollutants (HAP) in the surface coating

[[Page 914]]

of plastic parts and products defined in paragraph (a) of this section; 
and that is a major source, is located at a major source, or is part of 
a major source of emissions of HAP. 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 any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or 
more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) 
or more per year. You do not need to include coatings that meet the 
definition of non-HAP coating contained in Sec. 63.4581 in determining 
whether you use 378 liters (100 gallons) per year, or more, of coatings 
in the surface coating of plastic parts and products.
    (c) This subpart does not apply to surface coating or a coating 
operation that meets any of the criteria of paragraphs (c)(1) through 
(17) of this section.
    (1) A coating operation conducted at a facility where the facility 
uses only coatings, thinners and other additives, and cleaning materials 
that contain no organic HAP, as determined according to Sec. 
63.3941(a).
    (2) Surface coating operations that occur at research or laboratory 
facilities, or is part of janitorial, building, and facility maintenance 
operations, or that occur at hobby shops that are operated for 
noncommercial purposes.
    (3) The surface coating of plastic parts and products performed on-
site at installations owned or operated by the Armed Forces of the 
United States (including the Coast Guard and the National Guard of any 
such State) or the National Aeronautics and Space Administration, or the 
surface coating of military munitions manufactured by or for the Armed 
Forces of the United States (including the Coast Guard and the National 
Guard of any such State).
    (4) Surface coating where plastic is extruded onto plastic parts or 
products to form a coating.
    (5) Surface coating of magnet wire.
    (6) In-mold coating operations or gel coating operations in the 
manufacture of reinforced plastic composite parts that meet the 
applicability criteria for reinforced plastics composites production 
(subpart WWWW of this part).
    (7) Surface coating of plastic components of wood furniture that 
meet the applicability criteria for wood furniture manufacturing 
(subpart JJ of this part).
    (8) Surface coating of plastic components of large appliances that 
meet the applicability criteria for large appliance surface coating 
(subpart NNNN of this part).
    (9) Surface coating of plastic components of metal furniture that 
meet the applicability criteria for metal furniture surface coating 
(subpart RRRR of this part).
    (10) Surface coating of plastic components of wood building products 
that meet the applicability criteria for wood building products surface 
coating (subpart QQQQ of this part).
    (11) Surface coating of plastic components of aerospace vehicles 
that meet the applicability criteria for aerospace manufacturing and 
rework (40 CFR part 63, subpart GG).
    (12) Surface coating of plastic parts intended for use in an 
aerospace vehicle or component using specialty coatings as defined in 
appendix A to subpart GG of this part.
    (13) Surface coating of plastic components of ships that meet the 
applicability criteria for shipbuilding and ship repair (subpart II of 
this part).
    (14) Surface coating of plastic using a web coating process that 
meets the applicability criteria for paper and other web coating 
(subpart JJJJ of this part).
    (15) Surface coating of fiberglass boats or parts of fiberglass 
boats (including, but not limited to, the use of assembly adhesives) 
where the facility meets the applicability criteria for boat 
manufacturing (subpart VVVV of this part), except where the surface 
coating of the boat is a post-mold coating operation performed on 
personal watercraft or parts of personal watercraft. This subpart does 
apply to post-mold coating operations performed on personal watercraft 
and parts of personal watercraft.
    (16) Surface coating of plastic components of automobiles and light-
duty

[[Page 915]]

trucks that meet the applicability criteria in Sec. 63.3082(b) of the 
Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR part 
63, subpart IIII) at a facility that meets the applicability criteria in 
Sec. 63.3081(b).
    (17) Screen printing.
    (d) If your facility meets the applicability criteria in Sec. 
63.3081(b) of the Surface Coating of Automobiles and Light-Duty Trucks 
NESHAP (40 CFR part 63, subpart IIII) and you perform surface coating of 
plastic parts or products that meets both the applicability criteria in 
Sec. 63.3082(c) and the applicability criteria of this subpart, then 
for the surface coating of any or all of your plastic parts or products 
that meets the applicability criteria in Sec. 63.3082(c), you may 
choose to comply with the requirements of subpart IIII of this part in 
lieu of complying with this subpart. Surface coating operations on 
plastic parts or products (e.g., parts for motorcycles or lawnmowers) 
not intended for use in automobiles, light-duty trucks, or other motor 
vehicles as defined in Sec. 63.3176 cannot be made part of your 
affected source under subpart IIII of this part.
    (e) If you own or operate an affected source that meets the 
applicability criteria of this subpart and at the same facility you also 
perform surface coating that meets the applicability criteria of any 
other final surface coating NESHAP in this part, you may choose to 
comply as specified in paragraph (e)(1), (2), or (3) of this section.
    (1) You may have each surface coating operation that meets the 
applicability criteria of a separate NESHAP comply with that NESHAP 
separately.
    (2) You may comply with the emission limitation representing the 
predominant surface coating activity at your facility, as determined 
according to paragraphs (e)(2)(i) and (ii) of this section. However, you 
may not establish assembled on-road vehicle or automotive lamp coating 
operations as the predominant activity. You must not consider any 
surface coating activity that is subject to the Surface Coating of 
Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII) 
in determining the predominant surface coating activity at your 
facility.
    (i) If a surface coating operation accounts for 90 percent or more 
of the surface coating activity at your facility (that is, the 
predominant activity), then compliance with the emission limitations of 
the predominant activity for all surface coating operations constitutes 
compliance with these and other applicable surface coating NESHAP. In 
determining predominant activity, you must include coating activities 
that meet the applicability criteria of other surface coating NESHAP and 
constitute more than 1 percent of total coating activities at your 
facility. Coating activities that meet the applicability criteria of 
other surface coating NESHAP but comprise less than 1 percent of coating 
activities need not be included in the determination of predominant 
activity but must be included in the compliance calculation.
    (ii) You must use kilogram (kg) (pound (lb)) of solids used as a 
measure of relative surface coating activity over a representative 
period of operation. You may estimate the relative mass of coating 
solids used from parameters other than coating consumption and mass 
solids content (e.g., design specifications for the parts or products 
coated and the number of items produced). The determination of 
predominant activity must accurately reflect current and projected 
coating operations and must be verifiable through appropriate 
documentation. The use of parameters other than coating consumption and 
mass solids content must be approved by the Administrator. You may use 
data for any reasonable time period of at least 1 year in determining 
the relative amount of coating activity, as long as they represent the 
way the source will continue to operate in the future and are approved 
by the Administrator. You must determine the predominant activity at 
your facility and submit the results of that determination with the 
initial notification required by Sec. 63.4510(b). You must also 
determine predominant activity annually and include the determination in 
the next semi-annual compliance report required by Sec. 63.4520(a).
    (3) You may comply with a facility-specific emission limit 
calculated from the relative amount of coating activity

[[Page 916]]

that is subject to each emission limit. If you elect to comply using the 
facility-specific emission limit alternative, then compliance with the 
facility-specific emission limit and the emission limitations in this 
subpart for all surface coating operations constitutes compliance with 
this subpart and other applicable surface coating NESHAP. The procedures 
for calculating the facility-specific emission limit are specified in 
Sec. 63.4490. In calculating a facility-specific emission limit, you 
must include coating activities that meet the applicability criteria of 
other surface coating NESHAP and constitute more than 1 percent of total 
coating activities at your facility. You must not consider any surface 
coating activity that is subject to the Surface Coating of Automobiles 
and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII) in 
determining a facility-specific emission limit for your facility. 
Coating activities that meet the applicability criteria of other surface 
coating NESHAP but comprise less than 1 percent of total coating 
activities need not be included in the calculation of the facility-
specific emission limit but must be included in the compliance 
calculations.

[69 FR 20990, Apr. 19, 2004, as amended at 69 FR 22660, Apr. 26, 2004; 
71 FR 76927, Dec. 22, 2006; 72 FR 20237, Apr. 24, 2007]



Sec. 63.4482  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source within each of the four subcategories listed in Sec. 
63.4481(a).
    (b) The affected source is the collection of all of the items listed 
in paragraphs (b)(1) through (4) of this section that are used for 
surface coating of plastic parts and products within each subcategory.
    (1) All coating operations as defined in Sec. 63.4581;
    (2) All storage containers and mixing vessels in which coatings, 
thinners and/or other additives, and cleaning materials are stored or 
mixed;
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners and/or other additives, and cleaning 
materials; and
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a coating 
operation.
    (c) An affected source is a new source if it meets the criteria in 
paragraph (c)(1) of this section and the criteria in either paragraph 
(c)(2) or (3) of this section.
    (1) You commenced the construction of the source after December 4, 
2002 by installing new coating equipment.
    (2) The new coating equipment is used to coat plastic parts and 
products at a source where no plastic parts surface coating was 
previously performed.
    (3) The new coating equipment is used to perform plastic parts and 
products coating in a subcategory that was not previously performed.
    (d) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.



Sec. 63.4483  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source is 
specified in paragraphs (a) through (c) of this section. The compliance 
date begins the initial compliance period during which you conduct the 
initial compliance demonstration described in Sec. Sec. 63.4540, 
63.4550, and 63.4560.
    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section:
    (1) If the initial startup of your new or reconstructed affected 
source is before April 19, 2004, the compliance date is April 19, 2004.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after April 19, 2004, the compliance date is the date of 
initial startup of your affected source.
    (b) For an existing affected source, the compliance date is the date 
3 years after April 19, 2004.
    (c) For an area source that increases its emissions or its potential 
to emit such that it becomes a major source of HAP emissions, the 
compliance date is

[[Page 917]]

specified in paragraphs (c)(1) and (2) of this section.
    (1) For any portion of the source that becomes a new or 
reconstructed affected source subject to this subpart, the compliance 
date is the date of initial startup of the affected source or April 19, 
2004, whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or 3 years after April 19, 
2004, whichever is later.
    (d) You must meet the notification requirements in Sec. 63.4510 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

                          Emission Limitations



Sec. 63.4490  What emission limits must I meet?

    (a) For a new or reconstructed affected source, you must limit 
organic HAP emissions to the atmosphere from the affected source to the 
applicable limit specified in paragraphs (a)(1) through (4) of this 
section, except as specified in paragraph (c) of this section, 
determined according to the requirements in Sec. 63.4541, Sec. 
63.4551, or Sec. 63.4561.
    (1) For each new general use coating affected source, limit organic 
HAP emissions to no more than 0.16 kg (0.16 lb) organic HAP emitted per 
kg (lb) coating solids used during each 12-month compliance period.
    (2) For each new automotive lamp coating affected source, limit 
organic HAP emissions to no more than 0.26 kg (0.26 lb) organic HAP 
emitted per kg (lb) coating solids used during each 12-month compliance 
period.
    (3) For each new TPO coating affected source, limit organic HAP 
emissions to no more than 0.22 kg (0.22 lb) organic HAP emitted per kg 
(lb) coating solids used during each 12-month compliance period.
    (4) For each new assembled on-road vehicle coating affected source, 
limit organic HAP emissions to no more than 1.34 kg (1.34 lb) organic 
HAP emitted per kg (lb) coating solids used during each 12-month 
compliance period.
    (b) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere from the affected source to the applicable 
limit specified in paragraphs (b)(1) through (4) of this section, except 
as specified in paragraph (c) of this section, determined according to 
the requirements in Sec. 63.4541, Sec. 63.4551, or Sec. 63.4561.
    (1) For each existing general use coating affected source, limit 
organic HAP emissions to no more than 0.16 kg (0.16 lb) organic HAP 
emitted per kg (lb) coating solids used during each 12-month compliance 
period.
    (2) For each existing automotive lamp coating affected source, limit 
organic HAP emissions to no more than 0.45 kg (0.45 lb) organic HAP 
emitted per kg (lb) coating solids used during each 12-month compliance 
period.
    (3) For each existing TPO coating affected source, limit organic HAP 
emissions to no more than 0.26 kg (0.26 lb) organic HAP emitted per kg 
(lb) coating solids used during each 12-month compliance period.
    (4) For each existing assembled on-road vehicle coating affected 
source, limit organic HAP emissions to no more than 1.34 kg (1.34 lb) 
organic HAP emitted per kg (lb) coating solids used during each 12-month 
compliance period.
    (c) If your facility's surface coating operations meet the 
applicability criteria of more than one of the subcategory emission 
limits specified in paragraphs (a) or (b) of this section, you may 
comply separately with each subcategory emission limit or comply using 
one of the alternatives in paragraph (c)(1) or (2) of this section.
    (1) If the general use or TPO surface coating operations subject to 
only one of the emission limits specified in paragraphs (a)(1), (a)(3), 
(b)(1), or (b)(3) of this section account for 90 percent or more of the 
surface coating activity at your facility (i.e., it is the predominant 
activity at your facility), then compliance with that emission 
limitation for all surface coating operations constitutes compliance 
with the other applicable emission limitations. You must use kg (lb) of 
solids used as a

[[Page 918]]

measure of relative surface coating activity over a representative 
period of operation. You may estimate the relative mass of coating 
solids used from parameters other than coating consumption and mass 
solids content (e.g., design specifications for the parts or products 
coated and the number of items produced). The determination of 
predominant activity must accurately reflect current and projected 
coating operations and must be verifiable through appropriate 
documentation. The use of parameters other than coating consumption and 
mass solids content must be approved by the Administrator. You may use 
data for any reasonable time period of at least 1 year in determining 
the relative amount of coating activity, as long as they represent the 
way the source will continue to operate in the future and are approved 
by the Administrator. You must determine the predominant activity at 
your facility and submit the results of that determination with the 
initial notification required by Sec. 63.4510(b). Additionally, you 
must determine the facility's predominant activity annually and include 
the determination in the next semi-annual compliance report required by 
Sec. 63.4520(a).
    (2) You may calculate and comply with a facility-specific emission 
limit as described in paragraphs (c)(2)(i) through (iii) of this 
section. If you elect to comply using the facility-specific emission 
limit alternative, then compliance with the facility-specific emission 
limit and the emission limitations in this subpart for all surface 
coating operations constitutes compliance with this and other applicable 
surface coating NESHAP. In calculating a facility-specific emission 
limit, you must include coating activities that meet the applicability 
criteria of the other subcategories and constitute more than 1 percent 
of total coating activities. Coating activities that meet the 
applicability criteria of other surface coating NESHAP but comprise less 
than 1 percent of coating activities need not be included in the 
determination of predominant activity but must be included in the 
compliance calculation.
    (i) You are required to calculate the facility-specific emission 
limit for your facility when you submit the notification of compliance 
status required in Sec. 63.4510(c), and on a monthly basis afterward 
using the coating data for the relevant 12-month compliance period.
    (ii) Use Equation 1 of this section to calculate the facility-
specific emission limit for your surface coating operations for each 12-
month compliance period.
[GRAPHIC] [TIFF OMITTED] TR19AP04.002

Where:

Facility-specific emission limit = Facility-specific emission limit for 
          each 12-month compliance period, kg (lb) organic HAP per kg 
          (lb) coating solids used.
Limiti = The new source or existing source emission limit 
          applicable to coating operation, i, included in the facility-
          specific emission limit, converted to kg (lb) organic HAP per 
          kg (lb) coating solids used, if the emission limit is not 
          already in those units. All emission limits included in the 
          facility-specific emission limit must be in the same units.
Solidsi = The kg (lb) of solids used in coating operation, i, 
          in the 12-month compliance period that is subject to emission 
          limit, i. You may estimate the mass of coating solids used 
          from parameters other than coating consumption and mass solids 
          content (e.g., design specifications for the parts or products 
          coated and the number of items produced). The use of 
          parameters other than coating consumption and mass solids 
          content must be approved by the Administrator.

[[Page 919]]

n = The number of different coating operations included in the facility-
          specific emission limit.

    (iii) If you need to convert an emission limit in another surface 
coating NESHAP from kg (lb) organic HAP per liter (gallon) coating 
solids used to kg (lb) organic HAP per kg (lb) coating solids used, you 
must use the default solids density of 1.50 kg solids per liter coating 
solids (12.5 lb solids per gal solids).



Sec. 63.4491  What are my options for meeting the emission limits?

    You must include all coatings (as defined in Sec. 63.4581), 
thinners and/or other additives, and cleaning materials used in the 
affected source when determining whether the organic HAP emission rate 
is equal to or less than the applicable emission limit in Sec. 63.4490. 
To make this determination, you must use at least one of the three 
compliance options listed in paragraphs (a) through (c) of this section. 
You may apply any of the compliance options to an individual coating 
operation, or to multiple coating operations as a group, or to the 
entire affected source. You may use different compliance options for 
different coating operations, or at different times on the same coating 
operation. You may employ different compliance options when different 
coatings are applied to the same part, or when the same coating is 
applied to different parts. However, you may not use different 
compliance options at the same time on the same coating operation. If 
you switch between compliance options for any coating operation or group 
of coating operations, you must document this switch as required by 
Sec. 63.4530(c), and you must report it in the next semiannual 
compliance report required in Sec. 63.4520.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation(s) is less than or 
equal to the applicable emission limit in Sec. 63.4490, and that each 
thinner and/or other additive, and cleaning material used contains no 
organic HAP. You must meet all the requirements of Sec. Sec. 63.4540, 
63.4541, and 63.4542 to demonstrate compliance with the applicable 
emission limit using this option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings, thinners and/or other additives, and cleaning 
materials used in the coating operation(s), the organic HAP emission 
rate for the coating operation(s) is less than or equal to the 
applicable emission limit in Sec. 63.4490, calculated as a rolling 12-
month emission rate and determined on a monthly basis. You must meet all 
the requirements of Sec. Sec. 63.4550, 63.4551, and 63.4552 to 
demonstrate compliance with the emission limit using this option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on the coatings, thinners and/or other additives, and cleaning 
materials used in the coating operation(s), and the emissions reductions 
achieved by emission capture systems and add-on controls, the organic 
HAP emission rate for the coating operation(s) is less than or equal to 
the applicable emission limit in Sec. 63.4490, calculated as a rolling 
12-month emission rate and determined on a monthly basis. If you use 
this compliance option, you must also demonstrate that all emission 
capture systems and add-on control devices for the coating operation(s) 
meet the operating limits required in Sec. 63.4492, except for solvent 
recovery systems for which you conduct liquid-liquid material balances 
according to Sec. 63.4561(j), and that you meet the work practice 
standards required in Sec. 63.4493. You must meet all the requirements 
of Sec. Sec. 63.4560 through 63.4568 to demonstrate compliance with the 
emission limits, operating limits, and work practice standards using 
this option.



Sec. 63.4492  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, you 
are not required to meet any operating limits.
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option, except those for which you 
use a solvent recovery system and conduct a liquid-liquid material 
balance according to Sec. 63.4561(j), you must meet the operating 
limits specified in table 1 to this subpart. These operating limits 
apply

[[Page 920]]

to the emission capture and control systems on the coating operation(s) 
for which you use this option, and you must establish the operating 
limits during the performance tests required in Sec. 63.4560 according 
to the requirements in Sec. 63.4567. You must meet the operating limits 
established during the most recent performance tests required in Sec. 
63.4560 at all times after you establish them.
    (c) If you use an add-on control device other than those listed in 
Table 1 to this subpart, or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41150, July 8, 2020]



Sec. 63.4493  What work practice standards must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, you 
are not required to meet any work practice standards.
    (b) If you use the emission rate with add-on controls option, you 
must develop and implement a work practice plan to minimize organic HAP 
emissions from the storage, mixing, and conveying of coatings, thinners 
and/or other additives, and cleaning materials used in, and waste 
materials generated by the controlled coating operation(s) for which you 
use this option; or you must meet an alternative standard as provided in 
paragraph (c) of this section. The plan must specify practices and 
procedures to ensure that, at a minimum, the elements specified in 
paragraphs (b)(1) through (5) of this section are implemented.
    (1) All organic-HAP-containing coatings, thinners and/or other 
additives, cleaning materials, and waste materials must be stored in 
closed containers.
    (2) Spills of organic-HAP-containing coatings, thinners and/or other 
additives, cleaning materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners and/or other 
additives, cleaning materials, and waste materials must be conveyed from 
one location to another in closed containers or pipes.
    (4) Mixing vessels which contain organic-HAP-containing coatings and 
other materials must be closed except when adding to, removing, or 
mixing the contents.
    (5) Emissions of organic HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) As provided in Sec. 63.6(g), we, the U.S. Environmental 
Protection Agency, may choose to grant you permission to use an 
alternative to the work practice standards in this section.

                     General Compliance Requirements



Sec. 63.4500  What are my general requirements for complying with this subpart?

    (a) You must be in compliance with the emission limitations in this 
subpart as specified in paragraphs (a)(1) and (2) of this section.
    (1) Any coating operation(s) for which you use the compliant 
material option or the emission rate without add-on controls option, as 
specified in Sec. 63.4491(a) and (b), must be in compliance with the 
applicable emission limit in Sec. 63.4490 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec. 63.4491(c), must be 
in compliance with the emission limitations as specified in paragraphs 
(a)(2)(i) through (iii) of this section.
    (i) The coating operation(s) must be in compliance with the 
applicable emission limit in Sec. 63.4490 at all times.
    (ii) The coating operation(s) must be in compliance with the 
operating limits for emission capture systems and add-on control devices 
required by Sec. 63.4492 at all times, except for solvent recovery 
systems for which you conduct liquid-liquid material balances according 
to Sec. 63.4561(j).
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec. 63.4493 at all times.
    (b) Before January 5, 2021, you must always operate and maintain 
your affected source, including all air pollution control and monitoring 
equipment you use for purposes of complying with

[[Page 921]]

this subpart, according to the provisions in Sec. 63.6(e)(1)(i). On and 
after January 5, 2021, at all times, the owner or operator must operate 
and maintain any affected source, including associated air pollution 
control equipment and monitoring equipment, in a manner consistent with 
safety and good air pollution control practices for minimizing 
emissions. The general duty to minimize emissions does not require the 
owner or operator to make any further efforts to reduce emissions if 
levels required by the applicable standard have been achieved. 
Determination of whether a source is operating in compliance with 
operation and maintenance requirements will be based on information 
available to the Administrator that may include, but is not limited to, 
monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
affected source.
    (c) Before January 5, 2021, if your affected source uses an emission 
capture system and add-on control device, you must develop a written 
SSMP according to the provisions in Sec. 63.6(e)(3). The plan must 
address the startup, shutdown, and corrective actions in the event of a 
malfunction of the emission capture system or the add-on control device. 
The plan must also address any coating operation equipment that may 
cause increased emissions or that would affect capture efficiency if the 
process equipment malfunctions, such as conveyors that move parts among 
enclosures. On and after January 5, 2021, the SSMP is not required.

[69 FR 20990, Apr. 19, 2004, as amended at 71 FR 20465, Apr. 20, 2006; 
85 FR 41150, July 8, 2020]



Sec. 63.4501  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 63.15 apply to you.

                   Notifications, Reports, and Records



Sec. 63.4510  What notifications must I submit?

    (a) General. You must submit the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you 
by the dates specified in those sections, except as provided in 
paragraphs (b) and (c) of this section.
    (b) Initial notification. You must submit the initial notification 
required by Sec. 63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, 120 days after April 19, 
2004, or no later than 120 days after the source becomes subject to this 
subpart, whichever is later. For an existing affected source, you must 
submit the initial notification no later than 1 year after April 19, 
2004, or no later than 120 days after the source becomes subject to this 
subpart, whichever is later. If you are using compliance with the 
Surface Coating of Automobiles and Light-Duty Trucks NESHAP (subpart 
IIII of this part) as provided for under Sec. 63.4481(d) to constitute 
compliance with this subpart for any or all of your plastic parts 
coating operations, then you must include a statement to this effect in 
your initial notification, and no other notifications are required under 
this subpart in regard to those plastic parts coating operations. If you 
are complying with another NESHAP that constitutes the predominant 
activity at your facility under Sec. 63.4481(e)(2) to constitute 
compliance with this subpart for your plastic parts coating operations, 
then you must include a statement to this effect in your initial 
notification, and no other notifications are required under this subpart 
in regard to those plastic parts coating operations.
    (c) Notification of compliance status. You must submit the 
notification of compliance status required by Sec. 63.9(h) no later 
than 30 calendar days following the end of the initial compliance period 
described in Sec. 63.4540, Sec. 63.4550, or Sec. 63.4560 that applies 
to your affected source. The notification of compliance status must 
contain the information specified in paragraphs (c)(1) through (11) of 
this section and in Sec. 63.9(h).
    (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.

[[Page 922]]

    (3) Date of the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec. 63.4540, Sec. 63.4550, or Sec. 63.4560 that applies 
to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec. 63.4491 that you used on each coating operation in the affected 
source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in Sec. 
63.4490, include all the calculations you used to determine the kg (lb) 
organic HAP emitted per kg (lb) coating solids used. You do not need to 
submit information provided by the materials' suppliers or 
manufacturers, or test reports.
    (7) For each of the data items listed in paragraphs (c)(7)(i) 
through (iv) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data may include a copy of 
the information provided by the supplier or manufacturer of the example 
coating or material, or a summary of the results of testing conducted 
according to Sec. 63.4541(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating, for one thinner 
and/or other additive, and for one cleaning material.
    (ii) Mass fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner and/or other additive, 
and one cleaning material, except that if you use the compliant material 
option, only the example coating density is required.
    (iv) The amount of waste materials and the mass of organic HAP 
contained in the waste materials for which you are claiming an allowance 
in Equation 1 of Sec. 63.4551.
    (8) The calculation of kg (lb) organic HAP emitted per kg (lb) 
coating solids used for the compliance option(s) you used, as specified 
in paragraphs (c)(8)(i) through (iii) of this section.
    (i) For the compliant material option, provide an example 
calculation of the organic HAP content for one coating, using Equation 1 
of Sec. 63.4541.
    (ii) For the emission rate without add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for each 
month; the calculation of the total mass of coating solids used each 
month; and the calculation of the 12-month organic HAP emission rate 
using Equations 1 and 1A through 1C, 2, and 3, respectively, of Sec. 
63.4551.
    (iii) For the emission rate with add-on controls option, provide the 
calculation of the total mass of organic HAP emissions for the coatings, 
thinners and/or other additives, and cleaning materials used each month, 
using Equations 1 and 1A through 1C of Sec. 63.4551; the calculation of 
the total mass of coating solids used each month using Equation 2 of 
Sec. 63.4551; the mass of organic HAP emission reduction each month by 
emission capture systems and add-on control devices using Equations 1 
and 1A through 1D of Sec. 63.4561 and Equations 2, 3, and 3A through 3C 
of Sec. 63.4561, as applicable; the calculation of the total mass of 
organic HAP emissions each month using Equation 4 of Sec. 63.4561; and 
the calculation of the 12-month organic HAP emission rate using Equation 
5 of Sec. 63.4561.
    (9) For the emission rate with add-on controls option, you must 
include the information specified in paragraphs (c)(9)(i) through (iv) 
of this section, except that the requirements in paragraphs (c)(9)(i) 
through (iii) of this section do not apply to solvent recovery systems 
for which you conduct liquid-liquid material balances according to Sec. 
63.4561(j).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure

[[Page 923]]

(PTE) or a measurement of the emission capture system efficiency. 
Include a description of the protocol followed for measuring capture 
efficiency, summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you use 
the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show you 
meet the DQO or LCL criteria in appendix A to subpart KK of this part. 
You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented the 
work practice plan required by Sec. 63.4493.
    (10) If you are complying with a single emission limit representing 
the predominant activity under Sec. 63.4490(c)(1), include the 
calculations and supporting information used to demonstrate that this 
emission limit represents the predominant activity as specified in Sec. 
63.4490(c)(1).
    (11) If you are complying with a facility-specific emission limit 
under Sec. 63.4490(c)(2), include the calculation of the facility-
specific emission limit and any supporting information as specified in 
Sec. 63.4490(c)(2).

[69 FR 20990, Apr. 19, 2004, as amended at 69 FR 22661, Apr. 26, 2004; 
85 FR 73907, Nov. 19, 2020]



Sec. 63.4520  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (7) of this section. The 
semiannual compliance reporting requirements may be satisfied by reports 
required under other parts of the Clean Air Act (CAA), as specified in 
paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved or agreed to a 
different schedule for submission of reports under Sec. 63.10(a), you 
must prepare and submit each semiannual compliance report according to 
the dates specified in paragraphs (a)(1)(i) through (iv) of this 
section. Note that the information reported for each of the months in 
the reporting period will be based on the last 12 months of data prior 
to the date of each monthly calculation.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec. 63.4540, Sec. 63.4550, or 
Sec. 63.4560 that applies to your affected source and ends on June 30 
or December 31, whichever date is the first date following the end of 
the initial compliance period.
    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 or 
the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual 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.
    (iv) 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 date specified in paragraph (a)(1)(iii) of 
this section.
    (2) Inclusion with title V report. 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 semiannual 
compliance report pursuant to this section 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 semiannual compliance report 
includes all required

[[Page 924]]

information concerning deviations from any emission limitation in this 
subpart, its submission will be deemed to satisfy any obligation to 
report the same deviations in the semiannual monitoring report. However, 
submission of a semiannual compliance report shall not otherwise affect 
any obligation the affected source may have to report deviations from 
permit requirements to the permitting authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (vii) 
of this section, and the information specified in paragraphs (a)(4) 
through (7) and (c)(1) of this section that is applicable to your 
affected source.
    (i) Company name and address.
    (ii) 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.
    (iii) Date of report and beginning and ending dates of the reporting 
period. The reporting period is the 6-month period ending on June 30 or 
December 31. Note that the information reported for each of the 6 months 
in the reporting period will be based on the last 12 months of data 
prior to the date of each monthly calculation.
    (iv) Identification of the compliance option or options specified in 
Sec. 63.4491 that you used on each coating operation during the 
reporting period. If you switched between compliance options during the 
reporting period, you must report the beginning and ending dates for 
each option you used.
    (v) If you used the emission rate without add-on controls or the 
emission rate with add-on controls compliance option (Sec. 63.4491(b) 
or (c)), the calculation results for each rolling 12-month organic HAP 
emission rate during the 6-month reporting period.
    (vi) If you used the predominant activity alternative (Sec. 
63.4490(c)(1)), include the annual determination of predominant activity 
if it was not included in the previous semi-annual compliance report.
    (vii) If you used the facility-specific emission limit alternative 
(Sec. 63.4490(c)(2)), include the calculation of the facility-specific 
emission limit for each 12-month compliance period during the 6-month 
reporting period.
    (4) No deviations. If there were no deviations from the emission 
limitations in Sec. Sec. 63.4490, 63.4492, and 63.4493 that apply to 
you, the semiannual compliance report must include a statement that 
there were no deviations from the emission limitations during the 
reporting period. If you used the emission rate with add-on controls 
option and there were no periods during which the continuous parameter 
monitoring systems (CPMS) were out-of-control as specified in Sec. 
63.8(c)(7), the semiannual compliance report must include a statement 
that there were no periods during which the CPMS were out-of-control 
during the reporting period.
    (5) Deviations: Compliant material option. If you used the compliant 
material option and there was a deviation from the applicable organic 
HAP content requirements in Sec. 63.4490, the semiannual compliance 
report must contain the information in paragraphs (a)(5)(i) through (v) 
of this section.
    (i) Identification of each coating used that deviated from the 
applicable emission limit, and each thinner and/or other additive, and 
cleaning material used that contained organic HAP, and the date, time, 
and duration each was used.
    (ii) The calculation of the organic HAP content (using Equation 1 of 
Sec. 63.4541) for each coating identified in paragraph (a)(5)(i) of 
this section. You do not need to submit background data supporting this 
calculation (e.g., information provided by coating suppliers or 
manufacturers, or test reports).
    (iii) The determination of mass fraction of organic HAP for each 
thinner and/or other additive, and cleaning material identified in 
paragraph (a)(5)(i) of this section. You do not need to submit 
background data supporting this calculation (e.g., information provided 
by material suppliers or manufacturers, or test reports).
    (iv) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (v) On and after January 5, 2021, the number of deviations and, for 
each deviation, a list of the affected source or

[[Page 925]]

equipment, an estimate of the quantity of each regulated pollutant 
emitted over any applicable emission limit in Sec. 63.4490, a 
description of the method used to estimate the emissions, and the 
actions you took to minimize emissions in accordance with Sec. 
63.4500(b).
    (6) Deviations: Emission rate without add-on controls option. If you 
used the emission rate without add-on controls option and there was a 
deviation from the applicable emission limit in Sec. 63.4490, the 
semiannual compliance report must contain the information in paragraphs 
(a)(6)(i) through (iv) of this section.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec. 63.4490.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for the compliance period in which the deviation occurred. 
You must submit the calculations for Equations 1, 1A through 1C, 2, and 
3 of Sec. 63.4551; and if applicable, the calculation used to determine 
mass of organic HAP in waste materials according to Sec. 63.4551(e)(4). 
You do not need to submit background data supporting these calculations 
(e.g., information provided by materials suppliers or manufacturers, or 
test reports).
    (iii) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (iv) On and after January 5, 2021, the number of deviations, date, 
time, duration, a list of the affected source or equipment, an estimate 
of the quantity of each regulated pollutant emitted over any applicable 
emission limit in Sec. 63.4490, a description of the method used to 
estimate the emissions, and the actions you took to minimize emissions 
in accordance with Sec. 63.4500(b).
    (7) Deviations: Emission rate with add-on controls option. If you 
used the emission rate with add-on controls option and there was a 
deviation from the applicable emission limit in Sec. 63.4490 or the 
applicable operating limit(s) in table 1 to this subpart (including any 
periods when emissions bypassed the add-on control device and were 
diverted to the atmosphere), before January 5, 2021, the semiannual 
compliance report must contain the information in paragraphs (a)(7)(i) 
through (xiv) of this section. This includes periods of SSM during which 
deviations occurred. On and after January 5, 2021, the semiannual 
compliance report must contain the information in paragraphs (a)(7)(i) 
through (xii), (xiv), and (xv) of this section. If you use the emission 
rate with add-on controls option and there was a deviation from the 
applicable work practice standards in Sec. 63.4493(b), the semiannual 
compliance report must contain the information in paragraph (a)(7)(xiii) 
of this section.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec. 63.4490.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for each compliance period in which a deviation occurred. 
You must provide the calculation of the total mass of organic HAP 
emissions for the coatings, thinners and/or other additives, and 
cleaning materials used each month using Equations 1 and 1A through 1C 
of Sec. 63.4551; and, if applicable, the calculation used to determine 
mass of organic HAP in waste materials according to Sec. 63.4551(e)(4); 
the calculation of the total mass of coating solids used each month 
using Equation 2 of Sec. 63.4551; the calculation of the mass of 
organic HAP emission reduction each month by emission capture systems 
and add-on control devices using Equations 1 and 1A through 1D of Sec. 
63.4561, and Equations 2, 3, and 3A through 3C of Sec. 63.4561, as 
applicable; the calculation of the total mass of organic HAP emissions 
each month using Equation 4 of Sec. 63.4561; and the calculation of the 
12-month organic HAP emission rate using Equation 5 of Sec. 63.4561. 
You do not need to submit the background data supporting these 
calculations (e.g., information provided by materials suppliers or 
manufacturers, or test reports).
    (iii) The date and time that each malfunction of the capture system 
or add-on control devices started and stopped.
    (iv) A brief description of the CPMS.

[[Page 926]]

    (v) The date of the latest CPMS certification or audit.
    (vi) Before January 5, 2021, the date and time that each CPMS was 
inoperative, except for zero (low-level) and high-level checks. On and 
after January 5, 2021, the number of instances that the CPMS was 
inoperative, and for each instance, except for zero (low-level) and 
high-level checks, the date, time, and duration that the CPMS was 
inoperative; the cause (including unknown cause) for the CPMS being 
inoperative; and the actions you took to minimize emissions in 
accordance with Sec. 63.4500(b).
    (vii) Before January 5, 2021, the date, time, and duration that each 
CPMS was out-of-control, including the information in Sec. 63.8(c)(8). 
On and after January 5, 2021, the number of instances that the CPMS was 
out of control as specified in Sec. 63.8(c)(7) and, for each instance, 
the date, time, and duration that the CPMS was out-of-control; the cause 
(including unknown cause) for the CPMS being out-of-control; and 
descriptions of corrective actions taken.
    (viii) Before January 5, 2021, the date and time period of each 
deviation from an operating limit in table 1 to this subpart; date and 
time period of any bypass of the add-on control device; and whether each 
deviation occurred during a period of SSM or during another period. On 
and after January 5, 2021, the number of deviations from an operating 
limit in table 1 to this subpart and, for each deviation, the date, 
time, and duration of each deviation; the date, time, and duration of 
any bypass of the add-on control device.
    (ix) A summary of the total duration of each deviation from an 
operating limit in Table 1 to this subpart and each bypass of the add-on 
control device during the semiannual reporting period, and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) Before January 5, 2021, a breakdown of the total duration of the 
deviations from the operating limits in table 1 of this subpart and 
bypasses of the add-on control device during the semiannual reporting 
period into those that were due to startup, shutdown, control equipment 
problems, process problems, other known causes, and other unknown 
causes. On and after January 5, 2021, a breakdown of the total duration 
of the deviations from the operating limits in table 1 to this subpart 
and bypasses of the add-on control device during the semiannual 
reporting period into those that were due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as a 
percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xiii) Before January 5, 2021, for each deviation from the work 
practice standards, a description of the deviation, the date and time 
period of the deviation, and the actions you took to correct the 
deviation. On and after January 5, 2021, for deviations from the work 
practice standards, the number of deviations, and, for each deviation, 
the information in paragraphs (a)(7)(xiii)(A) and (B) of this section:
    (A) A description of the deviation; the date, time, and duration of 
the deviation; and the actions you took to minimize emissions in 
accordance with Sec. 63.4500(b).
    (B) The description required in paragraph (a)(7)(xiii)(A) of this 
section must include a list of the affected sources or equipment for 
which a deviation occurred and the cause of the deviation (including 
unknown cause, if applicable.
    (xiv) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, for deviations from an emission 
limit in Sec. 63.4490 or an operating limit in Table 1 to this subpart, 
a statement of the cause of each deviation (including unknown cause, if 
applicable) and the actions you took to minimize emissions in accordance 
with Sec. 63.4500(b).
    (xv) On and after January 5, 2021, for each deviation from an 
emission limit in Sec. 63.4490 or operating limit in table 1

[[Page 927]]

to this subpart, a list of the affected sources or equipment for which a 
deviation occurred, an estimate of the quantity of each regulated 
pollutant emitted over any emission limit in Sec. 63.4490 or operating 
limit in table 1 to this subpart, and a description of the method used 
to estimate the emissions.
    (b) Performance test reports. If you use the emission rate with add-
on controls option, you must submit reports of performance test results 
for emission capture systems and add-on control devices no later than 60 
days after completing the tests as specified in Sec. 63.10(d)(2).
    (c) SSM reports. Before January 5, 2021, if you used the emission 
rate with add-on controls option and you had a SSM during the semiannual 
reporting period, you must submit the reports specified in paragraphs 
(c)(1) and (2) of this section. On and after January 5, 2021, the 
reports specified in paragraphs (c)(1) and (2) of this section are not 
required.
    (1) If your actions were consistent with your startup, shutdown, and 
malfunction plan, you must include the information specified in Sec. 
63.10(d) in the semiannual compliance report required by paragraph (a) 
of this section.
    (2) If your actions were not consistent with your startup, shutdown, 
and malfunction plan, you must submit an immediate startup, shutdown, 
and malfunction report as described in paragraphs (c)(2)(i) and (ii) of 
this section.
    (i) You must describe the actions taken during the event in a report 
delivered by facsimile, telephone, or other means to the Administrator 
within 2 working days after starting actions that are inconsistent with 
the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec. 
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec. 63.10(d)(5)(ii).
    (d) Performance test reports. On and after January 5, 2021, you must 
submit the results of the performance tests required in Sec. 63.4560 
following the procedure specified in paragraphs (d)(1) through (3) 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). The CEDRI interface 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.
    (2) For 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, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec. 63.13, unless 
the Administrator agrees to or specifies an alternate reporting method.
    (3) If you claim that some of the performance test information being 
submitted under paragraph (d)(1) of this section 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 medium to the EPA. The 
electronic medium 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 in paragraph (d)(1) of this section.

[[Page 928]]

    (e) Initial notification reports. On and after January 5, 2021, the 
owner or operator shall submit the initial notifications required in 
Sec. 63.9(b) and the notification of compliance status required in 
Sec. 63.9(h) and Sec. 63.4510(c) to the EPA via the CEDRI. The CEDRI 
interface can be accessed through the EPA's CDX (https://cdx.epa.gov/). 
The owner or operator must upload to CEDRI an electronic copy of each 
applicable notification in portable document format (PDF). The 
applicable notification must be submitted by the deadline specified in 
this subpart, regardless of the method in which the reports are 
submitted. Owners or operators who claim that some of the information 
required to be submitted via CEDRI is CBI shall submit a complete report 
generated using the appropriate form in CEDRI or an alternate electronic 
file consistent with the XML schema listed on the EPA's CEDRI website, 
including information claimed to be CBI, on a compact disc, flash drive, 
or other commonly used electronic storage medium to the EPA. The 
electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted shall be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph.
    (f) Semiannual compliance reports. On and after January 5, 2021, or 
once the reporting template has been available on the CEDRI website for 
1 year, whichever date is later, the owner or operator shall submit the 
semiannual compliance report required in paragraph (a) of this section 
to the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX 
(https://cdx.epa.gov/)). The owner or operator must use the appropriate 
electronic template on the CEDRI website for this subpart or an 
alternate electronic file format consistent with the XML schema listed 
on the CEDRI website (https://www.epa.gov/electronic- reporting-air-
emissions/compliance- and-emissions-data-reporting- interface-cedri). 
The date report templates become available will be listed on the CEDRI 
website. If the reporting form for the semiannual compliance report 
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 addresses listed in Sec. 63.13. Once the form has been 
available in CEDRI for 1 year, you must begin submitting all subsequent 
reports via CEDRI. The reports must be submitted by the deadlines 
specified in this subpart, regardless of the method in which the reports 
are submitted. Owners or operators who claim that some of the 
information required to be submitted via CEDRI is CBI shall submit a 
complete report generated using the appropriate form in CEDRI or an 
alternate electronic file consistent with the XML schema listed on the 
EPA's CEDRI website, including information claimed to be CBI, on a 
compact disc, flash drive, or other commonly used electronic storage 
medium to the EPA. The electronic medium shall be clearly marked as CBI 
and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same file with the CBI omitted shall be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph.
    (g) Reporting during EPA system outages. If you are required to 
electronically submit a report through the CEDRI in the EPA's CDX, and 
due to a planned or actual outage of either the EPA's CEDRI or CDX 
systems within the period of time beginning 5 business days prior to the 
date that the submission is due, you will be or are precluded from 
accessing CEDRI or CDX and submitting a required report within the time 
prescribed, you may assert a claim of the EPA system outage for failure 
to timely comply with the reporting requirement. You must submit 
notification to the Administrator in writing as soon as possible 
following the date you first knew, or through due diligence should have 
known, that the event may cause or caused a delay in reporting. You must 
provide to the Administrator a written description identifying the date, 
time and length of the outage; a rationale for attributing the

[[Page 929]]

delay in reporting beyond the regulatory deadline to the EPA system 
outage; describe the measures taken or to be taken to minimize the delay 
in reporting; and identify a date by which you propose to report, or if 
you have already met the reporting requirement at the time of the 
notification, the date you reported. In any circumstance, the report 
must be submitted electronically as soon as possible after the outage is 
resolved. The decision to accept the claim of the EPA system outage and 
allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.
    (h) Reporting during force majeure events. If you are required to 
electronically submit a report through CEDRI in the EPA's CDX and a 
force majeure event is about to occur, occurs, or has occurred or there 
are lingering effects from such an event within the period of time 
beginning 5 business days prior to the date the submission is due, the 
owner or operator may assert a claim of force majeure for failure to 
timely comply with the reporting requirement. For the purposes of this 
section, a force majeure event is defined as an event that will be or 
has been caused by circumstances beyond the control of the affected 
facility, its contractors, or any entity controlled by the affected 
facility that prevents you from complying with the requirement to submit 
a report electronically within the time period prescribed. Examples of 
such events are acts of nature (e.g., hurricanes, earthquakes, or 
floods), acts of war or terrorism, or equipment failure or safety hazard 
beyond the control of the affected facility (e.g., large scale power 
outage). If you intend to assert a claim of force majeure, you must 
submit notification to the Administrator in writing as soon as possible 
following the date you first knew, or through due diligence should have 
known, that the event may cause or caused a delay in reporting. You must 
provide to the Administrator a written description of the force majeure 
event and a rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event; describe the measures 
taken or to be taken to minimize the delay in reporting; and identify a 
date by which you propose to report, or if you have already met the 
reporting requirement at the time of the notification, the date you 
reported. In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs. The decision to accept 
the claim of force majeure and allow an extension to the reporting 
deadline is solely within the discretion of the Administrator.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41150, July 8, 2020]



Sec. 63.4530  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart, and the documentation supporting each 
notification and report. If you are using the predominant activity 
alternative under Sec. 63.4490(c), you must keep records of the data 
and calculations used to determine the predominant activity. If you are 
using the facility-specific emission limit alternative under Sec. 
63.4490(c), you must keep records of the data used to calculate the 
facility-specific emission limit for the initial compliance 
demonstration. You must also keep records of any data used in each 
annual predominant activity determination and in the calculation of the 
facility-specific emission limit for each 12-month compliance period 
included in the semi-annual compliance reports.
    (b) A current copy of information provided by materials suppliers or 
manufacturers, such as manufacturer's formulation data, or test data 
used to determine the mass fraction of organic HAP and density for each 
coating, thinner and/or other additive, and cleaning material, and the 
mass fraction of coating solids for each coating. If you conducted 
testing to determine mass fraction of organic HAP, density, or mass 
fraction of coating solids, you must keep a copy of the complete test 
report. If you use information provided to you by the manufacturer or 
supplier of the material that was based on testing, you must keep the 
summary sheet

[[Page 930]]

of results provided to you by the manufacturer or supplier. You are not 
required to obtain the test report or other supporting documentation 
from the manufacturer or supplier.
    (c) For each compliance period, the records specified in paragraphs 
(c)(1) through (4) of this section.
    (1) A record of the coating operations on which you used each 
compliance option and the time periods (beginning and ending dates and 
times) for each option you used.
    (2) For the compliant material option, a record of the calculation 
of the organic HAP content for each coating, using Equation 1 of Sec. 
63.4541.
    (3) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coatings, thinners and/or other additives, and cleaning materials used 
each month using Equations 1, 1A through 1C, and 2 of Sec. 63.4551 and, 
if applicable, the calculation used to determine mass of organic HAP in 
waste materials according to Sec. 63.4551(e)(4); the calculation of the 
total mass of coating solids used each month using Equation 2 of Sec. 
63.4551; and the calculation of each 12-month organic HAP emission rate 
using Equation 3 of Sec. 63.4551.
    (4) For the emission rate with add-on controls option, records of 
the calculations specified in paragraphs (c)(4)(i) through (v) of this 
section.
    (i) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners and/or other additives, and cleaning materials 
used each month using Equations 1 and 1A through 1C of Sec. 63.4551; 
and, if applicable, the calculation used to determine mass of organic 
HAP in waste materials according to Sec. 63.4551(e)(4);
    (ii) The calculation of the total mass of coating solids used each 
month using Equation 2 of Sec. 63.4551;
    (iii) The calculation of the mass of organic HAP emission reduction 
by emission capture systems and add-on control devices using Equations 1 
and 1A through 1D of Sec. 63.4561 and Equations 2, 3, and 3A through 3C 
of Sec. 63.4561, as applicable;
    (iv) The calculation of each month's organic HAP emission rate using 
Equation 4 of Sec. 63.4561; and
    (v) The calculation of each 12-month organic HAP emission rate using 
Equation 5 of Sec. 63.4561.
    (d) A record of the name and mass of each coating, thinner and/or 
other additive, and cleaning material used during each compliance 
period. If you are using the compliant material option for all coatings 
at the source, you may maintain purchase records for each material used 
rather than a record of the mass used.
    (e) A record of the mass fraction of organic HAP for each coating, 
thinner and/or other additive, and cleaning material used during each 
compliance period.
    (f) A record of the mass fraction of coating solids for each coating 
used during each compliance period.
    (g) If you use an allowance in Equation 1 of Sec. 63.4551 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) according 
to Sec. 63.4551(e)(4), you must keep records of the information 
specified in paragraphs (g)(1) through (3) of this section.
    (1) The name and address of each TSDF to which you sent waste 
materials for which you use an allowance in Equation 1 of Sec. 63.4551, 
a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 
apply to the facility; and the date of each shipment.
    (2) Identification of the coating operations producing waste 
materials included in each shipment and the month or months in which you 
used the allowance for these materials in Equation 1 of Sec. 63.4551.
    (3) The methodology used in accordance with Sec. 63.4551(e)(4) to 
determine the total amount of waste materials sent to or the amount 
collected, stored, and designated for transport to a TSDF each month; 
and the methodology to determine the mass of organic HAP contained in 
these waste materials. This must include the sources for all data used 
in the determination, methods used to generate the data, frequency of 
testing or monitoring, and supporting calculations and documentation, 
including the waste manifest for each shipment.

[[Page 931]]

    (h) Before January 5, 2021, you must keep records of the date, time, 
and duration of each deviation. On and after January 5, 2021, for each 
deviation from an emission limitation reported under Sec. 63.4520(a)(5) 
through (7), a record of the information specified in paragraphs (h)(1) 
through (4) of this section, as applicable.
    (1) The date, time, and duration of the deviation, as reported under 
Sec. 63.4520(a)(5) through (7).
    (2) A list of the affected sources or equipment for which the 
deviation occurred and the cause of the deviation, as reported under 
Sec. 63.4520(a)(5) through (7).
    (3) An estimate of the quantity of each regulated pollutant emitted 
over any applicable emission limit in Sec. 63.4490 or any applicable 
operating limit in Table 1 to this subpart, and a description of the 
method used to calculate the estimate, as reported under Sec. 
63.4520(a)(5) through (7).
    (4) A record of actions taken to minimize emissions in accordance 
with Sec. 63.4500(b) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (i) If you use the emission rate with add-on controls option, you 
must also keep the records specified in paragraphs (i)(1) through (8) of 
this section.
    (1) Before January 5, 2021, for each deviation, a record of whether 
the deviation occurred during a period of SSM. On and after January 5, 
2021, a record of whether the deviation occurred during a period of SSM 
is not required.
    (2) Before January 5, 2021, the records in Sec. 63.6(e)(3)(iii) 
through (v) related to SSM. On and after January 5, 2021, the records in 
Sec. 63.6(e)(3)(iii) through (v) related to SSM are not required.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 1 to this subpart that applies to 
you.
    (4) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec. 63.4565(a).
    (5) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec. 63.4564 and 63.4565(b) through (e), 
including the records specified in paragraphs (i)(5)(i) through (iii) of 
this section that apply to you.
    (i) Records for a liquid-to-uncaptured gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH) as measured by Method 204A or 204F of 
appendix M to 40 CFR part 51 for each material used in the coating 
operation, and the total TVH for all materials used during each capture 
efficiency test run, including a copy of the test report. Records of the 
mass of TVH emissions not captured by the capture system that exited the 
temporary total enclosure or building enclosure during each capture 
efficiency test run, as measured by Method 204D or 204E of appendix M to 
40 CFR part 51, including a copy of the test report. Records documenting 
that the enclosure used for the capture efficiency test met the criteria 
in Method 204 of appendix M to 40 CFR part 51 for either a temporary 
total enclosure or a building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or 
204C of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run as measured by Method 204D or 204E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (iii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec. 63.4565(e), if applicable.
    (6) The records specified in paragraphs (i)(6)(i) and (ii) of this 
section

[[Page 932]]

for each add-on control device organic HAP destruction or removal 
efficiency determination as specified in Sec. 63.4566.
    (i) Records of each add-on control device performance test conducted 
according to Sec. Sec. 63.4564 and 63.4566.
    (ii) Records of the coating operation conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as specified 
in Sec. 63.4567 and to document compliance with the operating limits as 
specified in Table 1 to this subpart.
    (8) A record of the work practice plan required by Sec. 63.4493 and 
documentation that you are implementing the plan on a continuous basis.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41152, July 8, 2020]



Sec. 63.4531  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). Where 
appropriate, the records may be maintained as electronic spreadsheets or 
as a database. On and after January 5, 2021, any records required to be 
maintained by this subpart that are in reports that were 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.
    (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 may keep the 
records off-site for the remaining 3 years.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41153, July 8, 2020]

        Compliance Requirements for the Compliant Material Option



Sec. 63.4540  By what date must I conduct the initial compliance
demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements in Sec. 
63.4541. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through that month plus the next 12 months. 
The initial compliance demonstration includes the calculations according 
to Sec. 63.4541 and supporting documentation showing that during the 
initial compliance period, you used no coating with an organic HAP 
content that exceeded the applicable emission limit in Sec. 63.4490, 
and that you used no thinners and/or other additives, or cleaning 
materials that contained organic HAP as determined according to Sec. 
63.4541(a).



Sec. 63.4541  How do I demonstrate initial compliance with the 
emission limitations?

    You may use the compliant material option for any individual coating 
operation, for any group of coating operations in the affected source, 
or for all the coating operations in the affected source. You must use 
either the emission rate without add-on controls option or the emission 
rate with add-on controls option for any coating operation in the 
affected source for which you do not use this option. To demonstrate 
initial compliance using the compliant material option, the coating 
operation or group of coating operations must use no coating with an 
organic HAP content that exceeds the applicable emission limits in Sec. 
63.4490 and

[[Page 933]]

must use no thinner and/or other additive, or cleaning material that 
contains organic HAP as determined according to this section. Any 
coating operation for which you use the compliant material option is not 
required to meet the operating limits or work practice standards 
required in Sec. Sec. 63.4492 and 63.4493, respectively. You must 
conduct a separate initial compliance demonstration for each general use 
coating, TPO coating, automotive lamp coating, and assembled on-road 
vehicle coating affected source unless you are demonstrating compliance 
with a predominant activity or facility-specific emission limit as 
provided in Sec. 63.4490(c). If you are demonstrating compliance with a 
predominant activity or facility-specific emission limit as provided in 
Sec. 63.4490(c), you must demonstrate that all coating operations 
included in the predominant activity determination or calculation of the 
facility-specific emission limit comply with that limit. You must meet 
all the requirements of this section. Use the procedures in this section 
on each coating, thinner and/or other additive, and cleaning material in 
the condition it is in when it is received from its manufacturer or 
supplier and prior to any alteration. You do not need to redetermine the 
organic HAP content of coatings, thinners and/or other additives, and 
cleaning materials that are reclaimed on-site (or reclaimed off-site if 
you have documentation showing that you received back the exact same 
materials that were sent off-site) and reused in the coating operation 
for which you use the compliant material option, provided these 
materials in their condition as received were demonstrated to comply 
with the compliant material option.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating, thinner and/or other additive, and cleaning material used 
during the compliance period by using one of the options in paragraphs 
(a)(1) through (5) of this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the procedures 
specified in paragraphs (a)(1)(i) and (ii) of this section when 
performing a Method 311 test.
    (i) Count each organic HAP in Table 5 to this subpart that is 
measured to be present at 0.1 percent by mass or more and at 1.0 percent 
by mass or more for other compounds. For example, if toluene (not listed 
in Table 5 to this subpart) is measured to be 0.5 percent of the 
material by mass, you do not have to count it. Express the mass fraction 
of each organic HAP you count as a value truncated to four places after 
the decimal point (e.g., 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (e.g., 
0.763).
    (2) EPA Method 24 (appendix A-7 to 40 CFR part 60). For coatings, 
you may use EPA Method 24 to determine the mass fraction of nonaqueous 
volatile matter and use that value as a substitute for mass fraction of 
organic HAP. As an alternative to using EPA Method 24, you may use ASTM 
D2369-10 (Reapproved 2015)\e\ (incorporated by reference, see Sec. 
63.14). For reactive adhesives in which some of the HAP react to form 
solids and are not emitted to the atmosphere, you may use the 
alternative method contained in appendix A to this subpart, rather than 
EPA Method 24. You may use the volatile fraction that is emitted, as 
measured by the alternative method in appendix A to this subpart, as a 
substitute for the mass fraction of organic HAP.
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec. 63.7(f) to submit an 
alternative test method for approval.
    (4) 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) through (3) of this section, such 
as manufacturer's formulation data, if it represents each organic HAP in 
Table 5 to this subpart that is present at 0.1 percent by mass or more 
and at 1.0 percent by mass or

[[Page 934]]

more for other compounds. For example, if toluene (not listed in Table 5 
to this subpart) is 0.5 percent of the material by mass, you do not have 
to count it. For reactive adhesives in which some of the HAP react to 
form solids and are not emitted to the atmosphere, you may rely on 
manufacturer's data that expressly states the organic HAP or volatile 
matter mass fraction emitted. If there is a disagreement between such 
information and results of a test conducted according to paragraphs 
(a)(1) through (3) of this section, then the test method results will 
take precedence unless, after consultation you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in these 
solvent blends listed in Table 3 or 4 to this subpart. If you use the 
tables, you must use the values in Table 3 for all solvent blends that 
match Table 3 entries according to the instructions for Table 3, and you 
may use Table 4 only if the solvent blends in the materials you use do 
not match any of the solvent blends in Table 3 and you know only whether 
the blend is aliphatic or aromatic. However, if the results of a Method 
311 (appendix A to 40 CFR part 63) test indicate higher values than 
those listed on Table 3 or 4 to this subpart, the Method 311 results 
will take precedence unless, after consultation you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
    (b) Determine the mass fraction of coating solids for each coating. 
You must determine the mass fraction of coating solids (kg (lb) of 
coating solids per kg (lb) of coating) for each coating used during the 
compliance period by a test, by information provided by the supplier or 
the manufacturer of the material, or by calculation, as specified in 
paragraphs (b)(1) through (3) of this section.
    (1) Method 24 (appendix A to 40 CFR part 60). Use Method 24 for 
determining the mass fraction of coating solids. For reactive adhesives 
in which some of the liquid fraction reacts to form solids, you may use 
the alternative method contained in appendix A to this subpart, rather 
than Method 24, to determine the mass fraction of coating solids.
    (2) Alternative method. You may use an alternative test method for 
determining the solids content of each coating once the Administrator 
has approved it. 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 obtain the mass fraction of coating solids for each coating from 
the supplier or manufacturer. If there is disagreement between such 
information and the test method results, then the test method results 
will take precedence unless, after consultation you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
    (c) Calculate the organic HAP content of each coating. Calculate the 
organic HAP content, kg (lb) organic HAP emitted per kg (lb) coating 
solids used, of each coating used during the compliance period using 
Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.003

Where:

Hc = Organic HAP content of the coating, kg (lb) of organic 
          HAP emitted per kg (lb) coating solids used.
Wc = Mass fraction of organic HAP in the coating, kg organic 
          HAP per kg coating, determined according to paragraph (a) of 
          this section.
Sc = Mass fraction of coating solids, kg coating solids per 
          kg coating, determined according to paragraph (b) of this 
          section.

    (d) Compliance demonstration. The calculated organic HAP content for 
each coating used during the initial compliance period must be less than 
or equal to the applicable emission limit in Sec. 63.4490; and each 
thinner and/or other additive, and cleaning material used

[[Page 935]]

during the initial compliance period must contain no organic HAP, 
determined according to paragraph (a) of this section. You must keep all 
records required by Sec. Sec. 63.4530 and 63.4531. As part of the 
notification of compliance status required in Sec. 63.4510, you must 
identify the coating operation(s) for which you used the compliant 
material option and submit a statement that the coating operation(s) was 
(were) in compliance with the emission limitations during the initial 
compliance period because you used no coatings for which the organic HAP 
content exceeded the applicable emission limit in Sec. 63.4490, and you 
used no thinners and/or other additives, or cleaning materials that 
contained organic HAP, determined according to the procedures in 
paragraph (a) of this section.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41153, July 8, 2020]



Sec. 63.4542  How do I demonstrate continuous compliance with
the emission limitations?

    (a) For each compliance period to demonstrate continuous compliance, 
you must use no coating for which the organic HAP content (determined 
using Equation 1 of Sec. 63.4541) exceeds the applicable emission limit 
in Sec. 63.4490, and use no thinner and/or other additive, or cleaning 
material that contains organic HAP, determined according to Sec. 
63.4541(a). A compliance period consists of 12 months. Each month, after 
the end of the initial compliance period described in Sec. 63.4540, is 
the end of a compliance period consisting of that month and the 
preceding 11 months. If you are complying with a facility-specific 
emission limit under Sec. 63.4490(c), you must also perform the 
calculation using Equation 1 in Sec. 63.4490(c)(2) on a monthly basis 
using the data from the previous 12 months of operation.
    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the use of any coating, thinner and/or 
other additive, or cleaning material that does not meet the criteria 
specified in paragraph (a) of this section is a deviation from the 
emission limitations that must be reported as specified in Sec. Sec. 
63.4510(c)(6) and 63.4520(a)(5).
    (c) As part of each semiannual compliance report required by Sec. 
63.4520, you must identify the coating operation(s) for which you used 
the compliant material option. If there were no deviations from the 
applicable emission limit in Sec. 63.4490, submit a statement that the 
coating operation(s) was (were) in compliance with the emission 
limitations during the reporting period because you used no coatings for 
which the organic HAP content exceeded the applicable emission limit in 
Sec. 63.4490, and you used no thinner and/or other additive, or 
cleaning material that contained organic HAP, determined according to 
Sec. 63.4541(a).
    (d) You must maintain records as specified in Sec. Sec. 63.4530 and 
63.4531.

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option



Sec. 63.4550  By what date must I conduct the initial compliance
demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.4551. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. You must determine the mass of organic HAP emissions and mass of 
coating solids used each month and then calculate an organic HAP 
emission rate at the end of the initial compliance period. The initial 
compliance demonstration includes the calculations according to Sec. 
63.4551 and supporting documentation showing that during the initial 
compliance period the organic HAP emission rate was equal to or less 
than the applicable emission limit in Sec. 63.4490.



Sec. 63.4551  How do I demonstrate initial compliance with the
emission limitations?

    You may use the emission rate without add-on controls option for any 
individual coating operation, for any group of coating operations in the 
affected

[[Page 936]]

source, or for all the coating operations in the affected source. You 
must use either the compliant material option or the emission rate with 
add-on controls option for any coating operation in the affected source 
for which you do not use this option. To demonstrate initial compliance 
using the emission rate without add-on controls option, the coating 
operation or group of coating operations must meet the applicable 
emission limit in Sec. 63.4490, but is not required to meet the 
operating limits or work practice standards in Sec. Sec. 63.4492 and 
63.4493, respectively. You must conduct a separate initial compliance 
demonstration for each general use, TPO, automotive lamp, and assembled 
on-road vehicle coating operation unless you are demonstrating 
compliance with a predominant activity or facility-specific emission 
limit as provided in Sec. 63.4490(c). If you are demonstrating 
compliance with a predominant activity or facility-specific emission 
limit as provided in Sec. 63.4490(c), you must demonstrate that all 
coating operations included in the predominant activity determination or 
calculation of the facility-specific emission limit comply with that 
limit. You must meet all the requirements of this section. When 
calculating the organic HAP emission rate according to this section, do 
not include any coatings, thinners and/or other additives, or cleaning 
materials used on coating operations for which you use the compliant 
material option or the emission rate with add-on controls option. You do 
not need to redetermine the mass of organic HAP in coatings, thinners 
and/or other additives, or cleaning materials that have been reclaimed 
on-site (or reclaimed off-site if you have documentation showing that 
you received back the exact same materials that were sent off-site) and 
reused in the coating operation for which you use the emission rate 
without add-on controls option. If you use coatings, thinners and/or 
other additives, or cleaning materials that have been reclaimed on-site, 
the amount of each used in a month may be reduced by the amount of each 
that is reclaimed. That is, the amount used may be calculated as the 
amount consumed to account for materials that are reclaimed.
    (a) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each coating, thinner 
and/or other additive, and cleaning material used during each month 
according to the requirements in Sec. 63.4541(a).
    (b) Determine the mass fraction of coating solids. Determine the 
mass fraction of coating solids (kg (lb) of coating solids per kg (lb) 
of coating) for each coating used during each month according to the 
requirements in Sec. 63.4541(b).
    (c) Determine the density of each material. Determine the density of 
each liquid coating, thinner and/or other additive, and cleaning 
material used during each month from test results using ASTM D1475-13 or 
ASTM D2111-10 (Reapproved 2015) (both incorporated by reference, see 
Sec. 63.14), information from the supplier or manufacturer of the 
material, or reference sources providing density or specific gravity 
data for pure materials. If there is disagreement between ASTM D1475-13 
or ASTM D2111-10 (Reapproved 2015) and other such information sources, 
the test results will take precedence unless, after consultation you 
demonstrate to the satisfaction of the enforcement agency that the 
formulation data are correct. If you purchase materials or monitor 
consumption by weight instead of volume, you do not need to determine 
material density. Instead, you may use the material weight in place of 
the combined terms for density and volume in Equations 1A, 1B, 1C, and 2 
of this section.
    (d) Determine the volume of each material used. Determine the volume 
(liters) of each coating, thinner and/or other additive, and cleaning 
material used during each month by measurement or usage records. If you 
purchase materials or monitor consumption by weight instead of volume, 
you do not need to determine the volume of each material used. Instead, 
you may use the material weight in place of the combined terms for 
density and volume in Equations 1A, 1B, 1C, and 2 of this section.
    (e) Calculate the mass of organic HAP emissions. The mass of organic 
HAP emissions is the combined mass of organic HAP contained in all 
coatings, thinners and/or other additives, and

[[Page 937]]

cleaning materials used during each month minus the organic HAP in 
certain waste materials. Calculate the mass of organic HAP emissions 
using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR19AP04.004

Where:

He = Total mass of organic HAP emissions during the month, 
          kg.
A = Total mass of organic HAP in the coatings used during the month, kg, 
          as calculated in Equation 1A of this section.
B = Total mass of organic HAP in the thinners and/or other additives 
          used during the month, kg, as calculated in Equation 1B of 
          this section.
C = Total mass of organic HAP in the cleaning materials used during the 
          month, kg, as calculated in Equation 1C of this section.
Rw = Total mass of organic HAP in waste materials sent or 
          designated for shipment to a hazardous waste TSDF for 
          treatment or disposal during the month, kg, determined 
          according to paragraph (e)(4) of this section. (You may assign 
          a value of zero to RW if you do not wish to use 
          this allowance.)

    (1) Calculate the kg organic HAP in the coatings used during the 
month using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.005

Where:

A = Total mass of organic HAP in the coatings used during the month, kg.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Dc,i = Density of coating, i, kg coating per liter coating.
Wc,i = Mass fraction of organic HAP in coating, i, kg organic 
          HAP per kg coating. For reactive adhesives as defined in Sec. 
          63.4581, use the mass fraction of organic HAP that is emitted 
          as determined using the method in appendix A to this subpart.
m = Number of different coatings used during the month.

    (2) Calculate the kg of organic HAP in the thinners and/or other 
additives used during the month using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.006

Where:

B = Total mass of organic HAP in the thinners and/or other additives 
          used during the month, kg.
Volt,j = Total volume of thinner and/or other additive, j, 
          used during the month, liters.
Dt,j = Density of thinner and/or other additive, j, kg per 
          liter.
Wt,j = Mass fraction of organic HAP in thinner and/or other 
          additive, j, kg organic HAP per kg thinner and/or other 
          additive. For reactive adhesives as defined in Sec. 63.4581, 
          use the mass fraction of organic HAP that is emitted as 
          determined using the method in appendix A to this subpart.
n = Number of different thinners and/or other additives used during the 
          month.

    (3) Calculate the kg organic HAP in the cleaning materials used 
during the month using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.007

Where:

C = Total mass of organic HAP in the cleaning materials used during the 
          month, kg.
Vols,k = Total volume of cleaning material, k, used during 
          the month, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          kg organic HAP per kg material.
p = Number of different cleaning materials used during the month.

    (4) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF in Equation 1 of this section, then you must determine the mass 
according to paragraphs (e)(4)(i) through (iv) of this section.
    (i) You may only include waste materials in the determination that 
are generated by coating operations in the affected source for which you 
use Equation 1 of this section and that will be treated or disposed of 
by a facility that is regulated as a TSDF under 40 CFR part 262, 264, 
265, or 266. The TSDF may be either off-site or on-site. You may not 
include organic HAP contained in wastewater.
    (ii) You must determine either the amount of the waste materials 
sent to a TSDF during the month or the amount collected and stored 
during the

[[Page 938]]

month and designated for future transport to a TSDF. Do not include in 
your determination any waste materials sent to a TSDF during a month if 
you have already included them in the amount collected and stored during 
that month or a previous month.
    (iii) Determine the total mass of organic HAP contained in the waste 
materials specified in paragraph (e)(4)(ii) of this section.
    (iv) You must document the methodology you use to determine the 
amount of waste materials and the total mass of organic HAP they 
contain, as required in Sec. 63.4530(g). If waste manifests include 
this information, they may be used as part of the documentation of the 
amount of waste materials and mass of organic HAP contained in them.
    (f) Calculate the total mass of coating solids used. Determine the 
total mass of coating solids used, kg, which is the combined mass of 
coating solids for all the coatings used during each month, using 
Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.008

Where:

Mst = Total mass of coating solids used during the month, kg.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Dc,i = Density of coating, i, kgs per liter coating, 
          determined according to Sec. 63.4551(c).
Ms,i = Mass fraction of coating solids for coating, i, kgs 
          solids per kg coating, determined according to Sec. 
          63.4541(b).
m = Number of coatings used during the month.

    (g) Calculate the organic HAP emission rate. Calculate the organic 
HAP emission rate for the compliance period, kg (lb) organic HAP emitted 
per kg (lb) coating solids used, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.009

Where:

Hyr = Average organic HAP emission rate for the compliance 
          period, kg organic HAP emitted per kg coating solids used.
He = Total mass of organic HAP emissions from all materials 
          used during month, y, kg, as calculated by Equation 1 of this 
          section.
Mst = Total mass of coating solids used during month, y, kg, 
          as calculated by Equation 2 of this section.
y = Identifier for months.
n = Number of full or partial months in the compliance period (for the 
          initial compliance period, n equals 12 if the compliance date 
          falls on the first day of a month; otherwise n equals 13; for 
          all following compliance periods, n equals 12).

    (h) Compliance demonstration. The organic HAP emission rate for the 
initial compliance period calculated using Equation 3 of this section 
must be less than or equal to the applicable emission limit for each 
subcategory in Sec. 63.4490 or the predominant activity or facility-
specific emission limit allowed in Sec. 63.4490(c). You must keep all 
records as required by Sec. Sec. 63.4530 and 63.4531. As part of the 
notification of compliance status required by Sec. 63.4510, you must 
identify the coating operation(s) for which you used the emission rate 
without add-on controls option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in Sec. 
63.4490, determined according to the procedures in this section.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41153, July 8, 2020]



Sec. 63.4552  How do I demonstrate continuous compliance with 
the emission limitations?

    (a) To demonstrate continuous compliance, the organic HAP emission 
rate for each compliance period, determined according to Sec. 
63.4551(a) through (g), must be less than or equal to the applicable 
emission limit in Sec. 63.4490. A compliance period consists of 12 
months. Each month after the end of the initial compliance period 
described in Sec. 63.4550 is the end of a compliance period consisting 
of that month and the preceding 11 months. You must perform the 
calculations in Sec. 63.4551(a) through

[[Page 939]]

(g) on a monthly basis using data from the previous 12 months of 
operation. If you are complying with a facility-specific emission limit 
under Sec. 63.4490(c), you must also perform the calculation using 
Equation 1 in Sec. 63.4490(c)(2) on a monthly basis using the data from 
the previous 12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec. 63.4490, this is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec. 63.4510(c)(6) and 
63.4520(a)(6).
    (c) As part of each semiannual compliance report required by Sec. 
63.4520, you must identify the coating operation(s) for which you used 
the emission rate without add-on controls option. If there were no 
deviations from the emission limitations, you must submit a statement 
that the coating operation(s) was (were) in compliance with the emission 
limitations during the reporting period because the organic HAP emission 
rate for each compliance period was less than or equal to the applicable 
emission limit in Sec. 63.4490, determined according to Sec. 
63.4551(a) through (g).
    (d) You must maintain records as specified in Sec. Sec. 63.4530 and 
63.4531.

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option



Sec. 63.4560  By what date must I conduct performance tests
and initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.4483. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.4561(j), you must conduct according to the schedule in paragraphs 
(a)(1)(i) and (ii) of this section initial and periodic performance 
tests of each capture system and add-on control device according to the 
procedures in Sec. Sec. 63.4564, 63.4565, and 63.4566 and establish the 
operating limits required by Sec. 63.4492. For a solvent recovery 
system for which you conduct liquid-liquid material balances according 
to Sec. 63.4561(j), you must initiate the first material balance no 
later than the applicable compliance date specified in Sec. 63.4483.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec. 63.4492 no later than 180 days after 
the applicable compliance date specified in Sec. 63.4483.
    (ii) You must conduct periodic performance tests and establish the 
operating limits required by Sec. 63.4492 within 5 years following the 
previous performance test. You must conduct the first periodic 
performance test before July 8, 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 40 CFR part 71 and 
have conducted a performance test on or after July 8, 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. For any control device for 
which you are using the catalytic oxidizer control option at Sec. 
63.4567(b) and following the catalyst maintenance procedures in Sec. 
63.4567(b)(4), you are not required to conduct periodic control device 
performance testing as specified by this paragraph. For any control 
device for which instruments are used to continuously measure organic 
compound emissions, you are not required to conduct periodic control 
device performance testing as specified by this paragraph.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4493 no later than the compliance date specified in 
Sec. 63.4483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.4561. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a

[[Page 940]]

month, then the initial compliance period extends through the end of 
that month plus the next 12 months. You must determine the mass of 
organic HAP emissions and mass of coatings solids used each month and 
then calculate an organic HAP emission rate at the end of the initial 
compliance period. The initial compliance demonstration includes the 
results of emission capture system and add-on control device performance 
tests conducted according to Sec. Sec. 63.4564, 63.4565, and 63.4566; 
results of liquid-liquid material balances conducted according to Sec. 
63.4561(j); calculations according to Sec. 63.4561 and supporting 
documentation showing that during the initial compliance period the 
organic HAP emission rate was equal to or less than the applicable 
emission limit in Sec. 63.4490; the operating limits established during 
the performance tests and the results of the continuous parameter 
monitoring required by Sec. 63.4568; and documentation of whether you 
developed and implemented the work practice plan required by Sec. 
63.4493.
    (4) For the initial compliance demonstration, you do not need to 
comply with the operating limits for the emission capture system and 
add-on control device required by Sec. 63.4492 until after you have 
completed the initial performance tests specified in paragraph (a)(1) of 
this section. Instead, you must maintain a log detailing the operation 
and maintenance of the emission capture system, add-on control device, 
and continuous parameter monitors during the period between the 
compliance date and the performance test. You must begin complying with 
the operating limits established based on the initial performance tests 
specified in paragraph (a)(1) of this section for your affected source 
on the date you complete the performance tests. The requirements in this 
paragraph (a)(4) do not apply to solvent recovery systems for which you 
conduct liquid-liquid material balances according to the requirements in 
Sec. 63.4561(j).
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.4483. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.4561(j), you must conduct according to the schedule in paragraphs 
(b)(1)(i) and (ii) of this section initial and periodic performance 
tests of each capture system and add-on control device according to the 
procedures in Sec. Sec. 63.4564, 63.4565, and 63.4566 and establish the 
operating limits required by Sec. 63.4492. For a solvent recovery 
system for which you conduct liquid-liquid material balances according 
to Sec. 63.4561(j), you must initiate the first material balance no 
later than the compliance date specified in Sec. 63.4483.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec. 63.4492 no later than 180 days after 
the applicable compliance date specified in Sec. 63.4483.
    (ii) You must conduct periodic performance tests and establish the 
operating limits required by Sec. 63.4492 within 5 years following the 
previous performance test. You must conduct the first periodic 
performance test before July 8, 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 40 CFR part 71 and 
have conducted a performance test on or after July 8, 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. For any control device for 
which you are using the catalytic oxidizer control option at Sec. 
63.4567(b) and following the catalyst maintenance procedures in Sec. 
63.4567(b)(4), you are not required to conduct periodic control device 
performance testing as specified by this paragraph. For any control 
device for which instruments are used to continuously measure organic 
compound emissions, you are not required to conduct periodic control 
device performance testing as specified by this paragraph.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4493 no later than the compliance date specified in 
Sec. 63.4483.

[[Page 941]]

    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.4561. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. You must determine the mass of organic HAP emissions and mass of 
coatings solids used each month and then calculate an organic HAP 
emission rate at the end of the initial compliance period. The initial 
compliance demonstration includes the results of emission capture system 
and add-on control device performance tests conducted according to 
Sec. Sec. 63.4564, 63.4565, and 63.4566; results of liquid-liquid 
material balances conducted according to Sec. 63.4561(j); calculations 
according to Sec. 63.4561 and supporting documentation showing that 
during the initial compliance period the organic HAP emission rate was 
equal to or less than the applicable emission limit in Sec. 63.4490; 
the operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by Sec. 
63.4568; and documentation of whether you developed and implemented the 
work practice plan required by Sec. 63.4493.
    (c) You are not required to conduct an initial performance test to 
determine capture efficiency or destruction efficiency of a capture 
system or control device if you receive approval to use the results of a 
performance test that has been previously conducted on that capture 
system or control device. Any such previous tests must meet the 
conditions described in paragraphs (c)(1) through (3) of this section. 
You are still required to conduct a periodic performance test according 
to the applicable requirements of paragraphs (a)(1)(ii) and (b)(2)(ii) 
of this section.
    (1) The previous test must have been conducted using the methods and 
conditions specified in this subpart.
    (2) Either no process or equipment changes must have been made since 
the previous 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.
    (3) Either the required operating parameters were established in the 
previous test or sufficient data were collected in the previous test to 
establish the required operating parameters.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41153, July 8, 2020]



Sec. 63.4561  How do I demonstrate initial compliance?

    (a) You may use the emission rate with add-on controls option for 
any coating operation, for any group of coating operations in the 
affected source, or for all of the coating operations in the affected 
source. You may include both controlled and uncontrolled coating 
operations in a group for which you use this option. You must use either 
the compliant material option or the emission rate without add-on 
controls option for any coating operation in the affected source for 
which you do not use the emission rate with add-on controls option. To 
demonstrate initial compliance, the coating operation(s) for which you 
use the emission rate with add-on controls option must meet the 
applicable emission limitations in Sec. Sec. 63.4490, 63.4492, and 
63.4493. You must conduct a separate initial compliance demonstration 
for each general use, TPO, automotive lamp, and assembled on-road 
vehicle coating operation, unless you are demonstrating compliance with 
a predominant activity or facility-specific emission limit as provided 
in Sec. 63.4490(c). If you are demonstrating compliance with a 
predominant activity or facility-specific emission limit as provided in 
Sec. 63.4490(c), you must demonstrate that all coating operations 
included in the predominant activity determination or calculation of the 
facility-specific emission limit comply with that limit. You must meet 
all the requirements of this section. When calculating the organic HAP 
emission rate according to this section, do not include any coatings, 
thinners and/or other additives, or cleaning materials used on coating 
operations for which you use

[[Page 942]]

the compliant material option or the emission rate without add-on 
controls option. You do not need to redetermine the mass of organic HAP 
in coatings, thinners and/or other additives, or cleaning materials that 
have been reclaimed onsite (or reclaimed off-site if you have 
documentation showing that you received back the exact same materials 
that were sent off-site) and reused in the coatings operation(s) for 
which you use the emission rate with add-on controls option. If you use 
coatings, thinners and/or other additives, or cleaning materials that 
have been reclaimed on-site, the amount of each used in a month may be 
reduced by the amount of each that is reclaimed. That is, the amount 
used may be calculated as the amount consumed to account for materials 
that are reclaimed.
    (b) Compliance with operating limits. Except as provided in Sec. 
63.4560(a)(4), and except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to the requirements of 
paragraph (j) of this section, you must establish and demonstrate 
continuous compliance during the initial compliance period with the 
operating limits required by Sec. 63.4492, using the procedures 
specified in Sec. Sec. 63.4567 and 63.4568.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.4493 during the initial compliance period, as 
specified in Sec. 63.4530.
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (n) of this section to demonstrate compliance 
with the applicable emission limit in Sec. 63.4490 for each affected 
source in each subcategory.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and mass fraction of coating solids. Follow the procedures 
specified in Sec. 63.4551(a) through (d) to determine the mass fraction 
of organic HAP, density, and volume of each coating, thinner and/or 
other additive, and cleaning material used during each month; and the 
mass fraction of coating solids for each coating used during each month.
    (f) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec. 63.4551, calculate the total mass of 
organic HAP emissions before add-on controls from all coatings, thinners 
and/or other additives, and cleaning materials used during each month in 
the coating operation or group of coating operations for which you use 
the emission rate with add-on controls option.
    (g) Calculate the organic HAP emission reduction for each controlled 
coating operation. Determine the mass of organic HAP emissions reduced 
for each controlled coating operation during each month. The emission 
reduction determination quantifies the total organic HAP emissions that 
pass through the emission capture system and are destroyed or removed by 
the add-on control device. Use the procedures in paragraph (h) of this 
section to calculate the mass of organic HAP emission reduction for each 
controlled coating operation using an emission capture system and add-on 
control device other than a solvent recovery system for which you 
conduct liquid-liquid material balances. For each controlled coating 
operation using a solvent recovery system for which you conduct a 
liquid-liquid material balance, use the procedures in paragraph (j) of 
this section to calculate the organic HAP emission reduction.
    (h) Calculate the organic HAP emission reduction for each controlled 
coating operation not using liquid-liquid material balance. Use Equation 
1 of this section to calculate the organic HAP emission reduction for 
each controlled coating operation using an emission capture system and 
add-on control device other than a solvent recovery system for which you 
conduct liquid-liquid material balances. The calculation applies the 
emission capture system efficiency and add-on control device efficiency 
to the mass of organic HAP contained in the coatings, thinners and/or 
other additives, and cleaning materials that are used in the coating 
operation served by the emission capture system and add-on control 
device during each month. You must assume zero efficiency for the 
emission capture system and add-on control device for any period of time 
a deviation specified in Sec. 63.4563(c) or (d) occurs in the 
controlled coating operation, including a deviation during a

[[Page 943]]

period of startup, shutdown, or malfunction, unless you have other data 
indicating the actual efficiency of the emission capture system and add-
on control device and the use of these data is approved by the 
Administrator. Equation 1 of this section treats the materials used 
during such a deviation as if they were used on an uncontrolled coating 
operation for the time period of the deviation.
[GRAPHIC] [TIFF OMITTED] TR19AP04.010

Where:

HC = Mass of organic HAP emission reduction for the 
          controlled coating operation during the month, kg.
AC = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the month, kg, as 
          calculated in Equation 1A of this section.
BC = Total mass of organic HAP in the thinners and/or other 
          additives used in the controlled coating operation during the 
          month, kg, as calculated in Equation 1B of this section.
CC = Total mass of organic HAP in the cleaning materials used 
          in the controlled coating operation during the month, kg, as 
          calculated in Equation 1C of this section.
Rw = Total mass of organic HAP in waste materials sent or 
          designated for shipment to a hazardous waste TSDF for 
          treatment or disposal during the compliance period, kg, 
          determined according to Sec. 63.4951(e)(4). (You may assign a 
          value of zero to Rw if you do not wish to use this 
          allowance.)
HUNC = Total mass of organic HAP in the coatings, thinners 
          and/or other additives, and cleaning materials used during all 
          deviations specified in Sec. 63.4563(c) and (d) that occurred 
          during the month in the controlled coating operation, kg, as 
          calculated in Equation 1D of this section.
CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent. Use the test methods and 
          procedures specified in Sec. Sec. 63.4564 and 63.4565 to 
          measure and record capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
          control device, percent. Use the test methods and procedures 
          in Sec. Sec. 63.4564 and 63.4566 to measure and record the 
          organic HAP destruction or removal efficiency.

    (1) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation, kg (lb), using Equation 1A of this 
section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.011

Where:

AC = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the month, kg.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Dc,i = Density of coating, i, kg per liter.
Wc,i = Mass fraction of organic HAP in coating, i, kg per kg. 
          For reactive adhesives as defined in Sec. 63.4581, use the 
          mass fraction of organic HAP that is emitted as determined 
          using the method in appendix A to this subpart.
m = Number of different coatings used.

    (2) Calculate the mass of organic HAP in the thinners and/or other 
additives used in the controlled coating operation, kg (lb), using 
Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.012

Where:

BC = Total mass of organic HAP in the thinners and/or other 
          additives used in the controlled coating operation during the 
          month, kg.
Volt,j = Total volume of thinner and/or other additive, j, 
          used during the month, liters.
Dt,j = Density of thinner and/or other additive, j, kg per 
          liter.
Wt,j = Mass fraction of organic HAP in thinner and/or other 
          additive, j, kg per kg. For reactive adhesives as defined in 
          Sec. 63.4581, use the mass fraction of organic HAP that is 
          emitted as determined using the method in appendix A to this 
          subpart.
n = Number of different thinners and/or other additives used.

    (3) Calculate the mass of organic HAP in the cleaning materials used 
in

[[Page 944]]

the controlled coating operation during the month, kg (lb), using 
Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.013

Where:

CC = Total mass of organic HAP in the cleaning materials used 
          in the controlled coating operation during the month, kg.
Vols,k = Total volume of cleaning material, k, used during 
          the month, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          kg per kg.
p = Number of different cleaning materials used.

    (4) Calculate the mass of organic HAP in the coatings, thinners and/
or other additives, and cleaning materials used in the controlled 
coating operation during deviations specified in Sec. 63.4563(c) and 
(d), using Equation 1D of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.014

Where:

HUNC = Total mass of organic HAP in the coatings, thinners 
          and/or other additives, and cleaning materials used during all 
          deviations specified in Sec. 63.4563(c) and (d) that occurred 
          during the month in the controlled coating operation, kg.
Volh = Total volume of coating, thinner and/or other 
          additive, or cleaning material, h, used in the controlled 
          coating operation during deviations, liters.
Dh = Density of coating, thinner and/or other additives, or 
          cleaning material, h, kg per liter.
Wh = Mass fraction of organic HAP in coating, thinner and/or 
          other additives, or cleaning material, h, kg organic HAP per 
          kg coating. For reactive adhesives as defined in Sec. 
          63.4581, use the mass fraction of organic HAP that is emitted 
          as determined using the method in appendix A to this subpart.
q = Number of different coatings, thinners and/or other additives, and 
          cleaning materials used.

    (i) [Reserved]
    (j) Calculate the organic HAP emission reduction for each controlled 
coating operation using liquid-liquid material balances. For each 
controlled coating operation using a solvent recovery system for which 
you conduct liquid-liquid material balances, calculate the organic HAP 
emission reduction by applying the volatile organic matter collection 
and recovery efficiency to the mass of organic HAP contained in the 
coatings, thinners and/or other additives, and cleaning materials that 
are used in the coating operation controlled by the solvent recovery 
system during each month. Perform a liquid-liquid material balance for 
each month as specified in paragraphs (j)(1) through (6) of this 
section. Calculate the mass of organic HAP emission reduction by the 
solvent recovery system as specified in paragraph (j)(7) of this 
section.
    (1) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each month. The device must be 
initially certified by the manufacturer to be accurate to within 2.0 percent of the mass of volatile organic matter 
recovered.
    (2) For each solvent recovery system, determine the mass of volatile 
organic matter recovered for the month, based on measurement with the 
device required in paragraph (j)(1) of this section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating, thinner and/or other additive, and cleaning material used in 
the coating operation controlled by the solvent recovery system during 
the month, kg volatile organic matter per kg coating. You may determine 
the volatile organic matter mass fraction using EPA Method 24 of 40 CFR 
part 60, appendix A-7, ASTM D2369-10 (Reapproved 2015)\e\ (incorporated 
by reference, see Sec. 63.14), or an EPA approved alternative method. 
Alternatively, you may determine the volatile organic matter mass 
fraction using information provided by the manufacturer or supplier of 
the coating. In the event of any inconsistency between information 
provided by the manufacturer or supplier and the results of EPA Method 
24 of 40 CFR part 60, appendix A-7, ASTM D2369-10 (Reapproved 2015)\e\, 
or an approved alternative method, the test method results

[[Page 945]]

will take precedence unless, after consultation you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
    (4) Determine the density of each coating, thinner and/or other 
additive, and cleaning material used in the coating operation controlled 
by the solvent recovery system during the month, kg per liter, according 
to Sec. 63.4551(c).
    (5) Measure the volume of each coating, thinner and/or other 
additive, and cleaning material used in the coating operation controlled 
by the solvent recovery system during the month, liters.
    (6) Each month, calculate the solvent recovery system's volatile 
organic matter collection and recovery efficiency, using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.015

Where:

RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system during the month, 
          percent.
MVR = Mass of volatile organic matter recovered by the 
          solvent recovery system during the month, kg.
Voli = Volume of coating, i, used in the coating operation 
          controlled by the solvent recovery system during the month, 
          liters.
Di = Density of coating, i, kg per liter.
WVc,i = Mass fraction of volatile organic matter for coating, 
          i, kg volatile organic matter per kg coating. For reactive 
          adhesives as defined in Sec. 63.4581, use the mass fraction 
          of organic HAP that is emitted as determined using the method 
          in appendix A to this subpart.
Volj = Volume of thinner and/or other additive, j, used in 
          the coating operation controlled by the solvent recovery 
          system during the month, liters.
Dj = Density of thinner and/or other additive, j, kg per 
          liter.
WVt,j = Mass fraction of volatile organic matter for thinner 
          and/or other additive, j, kg volatile organic matter per kg 
          thinner and/or other additive. For reactive adhesives as 
          defined in Sec. 63.4581, use the mass fraction of organic HAP 
          that is emitted as determined using the method in appendix A 
          to this subpart.
Volk = Volume of cleaning material, k, used in the coating 
          operation controlled by the solvent recovery system during the 
          month, liters.
Dk = Density of cleaning material, k, kg per liter.
WVs,k = Mass fraction of volatile organic matter for cleaning 
          material, k, kg volatile organic matter per kg cleaning 
          material.
m = Number of different coatings used in the coating operation 
          controlled by the solvent recovery system during the month.
n = Number of different thinners and/or other additives used in the 
          coating operation controlled by the solvent recovery system 
          during the month.
p = Number of different cleaning materials used in the coating operation 
          controlled by the solvent recovery system during the month.

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month, using Equation 3 of this section and according to paragraphs 
(j)(7)(i) through (iii) of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.016

Where:

HCSR = Mass of organic HAP emission reduction for the coating 
          operation controlled by the solvent recovery system using a 
          liquid-liquid material balance during the month, kg.

[[Page 946]]

ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system, 
          kg, calculated using Equation 3A of this section.
BCSR = Total mass of organic HAP in the thinners and/or other 
          additives used in the coating operation controlled by the 
          solvent recovery system, kg, calculated using Equation 3B of 
          this section.
CCSR = Total mass of organic HAP in the cleaning materials 
          used in the coating operation controlled by the solvent 
          recovery system, kg, calculated using Equation 3C of this 
          section.
RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system, percent, from 
          Equation 2 of this section.

    (i) Calculate the mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 3A of this section.
[GRAPHIC] [TIFF OMITTED] TR19AP04.017

Where:

ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system 
          during the month, kg.
Volc,i = Total volume of coating, i, used during the month in 
          the coating operation controlled by the solvent recovery 
          system, liters.
Dc,i = Density of coating, i, kg per liter.
Wc,i = Mass fraction of organic HAP in coating, i, kg organic 
          HAP per kg coating. For reactive adhesives as defined in Sec. 
          63.4581, use the mass fraction of organic HAP that is emitted 
          as determined using the method in appendix A to this subpart.
m = Number of different coatings used.

    (ii) Calculate the mass of organic HAP in the thinners and/or other 
additives used in the coating operation controlled by the solvent 
recovery system, kg, using Equation 3B of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.018

Where:

BCSR = Total mass of organic HAP in the thinners and/or other 
          additives used in the coating operation controlled by the 
          solvent recovery system during the month, kg.
Volt,j = Total volume of thinner and/or other additive, j, 
          used during the month in the coating operation controlled by 
          the solvent recovery system, liters.
Dt,j = Density of thinner and/or other additive, j, kg per 
          liter.
Wt,j = Mass fraction of organic HAP in thinner and/or other 
          additive, j, kg organic HAP per kg thinner and/or other 
          additive. For reactive adhesives as defined in Sec. 63.4581, 
          use the mass fraction of organic HAP that is emitted as 
          determined using the method in appendix A to this subpart.
n = Number of different thinners and/or other additives used.

    (iii) Calculate the mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery system 
during the month, kg, using Equation 3C of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.019

Where:

CCSR = Total mass of organic HAP in the cleaning materials 
          used in the coating operation controlled by the solvent 
          recovery system during the month, kg.
Vols,k = Total volume of cleaning material, k, used during 
          the month in the coating operation controlled by the solvent 
          recovery system, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          kg organic HAP per kg cleaning material.
p = Number of different cleaning materials used.

    (k) Calculate the total mass of coating solids used. Determine the 
total mass of coating solids used, kg, which is the combined mass of 
coating solids for all

[[Page 947]]

the coatings used during each month in the coating operation or group of 
coating operations for which you use the emission rate with add-on 
controls option, using Equation 2 of Sec. 63.4551.
    (l) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions, kg, during each month, 
using Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.020

Where:

HHAP = Total mass of organic HAP emissions for the month, kg.
He = Total mass of organic HAP emissions before add-on 
          controls from all the coatings, thinners and/or other 
          additives, and cleaning materials used during the month, kg, 
          determined according to paragraph (f) of this section.
HC,i = Total mass of organic HAP emission reduction for 
          controlled coating operation, i, not using a liquid-liquid 
          material balance, during the month, kg, from Equation 1 of 
          this section.
HCSR,j = Total mass of organic HAP emission reduction for 
          coating operation, j, controlled by a solvent recovery system 
          using a liquid-liquid material balance, during the month, kg, 
          from Equation 3 of this section.
q = Number of controlled coating operations not controlled by a solvent 
          recovery system using a liquid-liquid material balance.
r = Number of coating operations controlled by a solvent recovery system 
          using a liquid-liquid material balance.

    (m) Calculate the organic HAP emission rate for the compliance 
period. Determine the organic HAP emission rate for the compliance 
period, kg (lb) of organic HAP emitted per kg (lb) coating solids used, 
using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.021

Where:

Hannual = Organic HAP emission rate for the compliance 
          period, kg organic HAP emitted per kg coating solids used.
HHAP,y = Organic HAP emissions for month, y, kg, determined 
          according to Equation 4 of this section.
Mst,y = Total mass of coating solids used during month, y, 
          kg, from Equation 2 of Sec. 63.4551.
y = Identifier for months.
n = Number of full or partial months in the compliance period (for the 
          initial compliance period, n equals 12 if the compliance date 
          falls on the first day of a month; otherwise n equals 13; for 
          all following compliance periods, n equals 12).

    (n) Compliance demonstration. The organic HAP emission rate for the 
initial compliance period, calculated using Equation 5 of this section, 
must be less than or equal to the applicable emission limit for each 
subcategory in Sec. 63.4490 or the predominant activity or facility-
specific emission limit allowed in Sec. 63.4490(c). You must keep all 
records as required by Sec. Sec. 63.4530 and 63.4531. As part of the 
notification of compliance status required by Sec. 63.4510, you must 
identify the coating operation(s) for which you used the emission rate 
with add-on controls option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in Sec. 
63.4490, and for control devices other than solvent recovery system 
using a liquid-liquid material balance, you achieved the operating 
limits required by Sec. 63.4492 and the work practice standards 
required by Sec. 63.4493.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41154, July 8, 2020]

[[Page 948]]



Sec. 63.4562  [Reserved]



Sec. 63.4563  How do I demonstrate continuous compliance with
the emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec. 63.4490, the organic HAP emission rate for each 
compliance period, determined according to the procedures in Sec. 
63.4561, must be equal to or less than the applicable emission limit in 
Sec. 63.4490. A compliance period consists of 12 months. Each month 
after the end of the initial compliance period described in Sec. 
63.4560 is the end of a compliance period consisting of that month and 
the preceding 11 months. You must perform the calculations in Sec. 
63.4561 on a monthly basis using data from the previous 12 months of 
operation. If you are complying with a facility-specific emission limit 
under Sec. 63.4490(c), you must also perform the calculation using 
Equation 1 in Sec. 63.4490(c)(2) on a monthly basis using the data from 
the previous 12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec. 63.4490, this is 
a deviation from the emission limitation for that compliance period that 
must be reported as specified in Sec. Sec. 63.4510(c)(6) and 
63.4520(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.4492 that applies to you, as specified in 
Table 1 to this subpart, when the coating line is in operation.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 to this subpart, this is a deviation from the operating limit 
that must be reported as specified in Sec. Sec. 63.4510(c)(6) and 
63.4520(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 1 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation, unless you have 
other data indicating the actual efficiency of the emission capture 
system and add-on control device and the use of these data is approved 
by the Administrator.
    (d) You must meet the requirements for bypass lines in Sec. 
63.4568(b) for controlled coating operations for which you do not 
conduct liquid-liquid material balances. If any bypass line is opened 
and emissions are diverted to the atmosphere when the coating operation 
is running, this is a deviation that must be reported as specified in 
Sec. Sec. 63.4510(c)(6) and 63.4520(a)(7). For the purposes of 
completing the compliance calculations specified in Sec. Sec. 
63.4561(h), you must treat the materials used during a deviation on a 
controlled coating operation as if they were used on an uncontrolled 
coating operation for the time period of the deviation as indicated in 
Equation 1 of Sec. 63.4561.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.4493. If you did not develop a work 
practice plan, or you did not implement the plan, or you did not keep 
the records required by Sec. 63.4530(i)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec. 63.4510(c)(6) and 63.4520(a)(7).
    (f) As part of each semiannual compliance report required in Sec. 
63.4520, you must identify the coating operation(s) for which you used 
the emission rate with add-on controls option. If there were no 
deviations from the emission limits in Sec. 63.4490, the operating 
limits in Sec. 63.4492, and the work practice standards in Sec. 
63.4493, submit a statement that you were in compliance with the 
emission limitations during the reporting period because the organic HAP 
emission rate for each compliance period was less than or equal to the 
applicable emission limit in Sec. 63.4490, and you achieved the 
operating limits required by Sec. 63.4492 and the work practice 
standards required by Sec. 63.4493 during each compliance period.
    (g) On and after January 5, 2021, deviations that occur due to 
malfunction of the emission capture system, add-on control device, or 
coating operation that may affect emission capture or control device 
efficiency are required to operate in accordance with Sec. 63.4500(b). 
The Administrator will determine whether the deviations are violations 
according to the provisions in Sec. 63.4500(b).
    (h)-(i) [Reserved]

[[Page 949]]

    (j) You must maintain records as specified in Sec. Sec. 63.4530 and 
63.4531.

[69 FR 20990, Apr. 19, 2004, as amended at 71 FR 20465, Apr. 20, 2006; 
85 FR 41154, July 8, 2020]



Sec. 63.4564  What are the general requirements for performance tests?

    (a) Before January 5, 2021, you must conduct each performance test 
required by Sec. 63.4560 according to the requirements in Sec. 
63.7(e)(1) and under the conditions in this section, unless you obtain a 
waiver of the performance test according to the provisions in Sec. 
63.7(h). On and after January 5, 2021, you must conduct each performance 
test required by Sec. 63.4560 according to the requirements in this 
section unless you obtain a waiver of the performance test according to 
the provisions in Sec. 63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, or nonoperation do not constitute representative conditions 
for purposes of conducting a performance test. The owner or operator 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.
    (2) Representative emission capture system and add-on control device 
operating conditions. You must conduct the performance test when the 
emission capture system and add-on control device are operating at a 
representative flow rate, and the add-on control device is operating at 
a representative inlet concentration. You must record information that 
is necessary to document emission capture system and add-on control 
device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.4565. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec. 63.4566.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41155, July 8, 2020]




Sec. 63.4565  How do I determine the emission capture system efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of each performance test required 
by Sec. 63.4560.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the 
enclosure to an add-on control device.
    (2) All coatings, thinners and/or other additives, and cleaning 
materials used in the coating operation are applied within the capture 
system; coating solvent flash-off, curing, and drying occurs within the 
capture system; and the removal or evaporation of cleaning materials 
from the surfaces they are applied to occurs within the capture system. 
For example, this criterion is not met if parts enter the open shop 
environment when being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours duration or the length of a production run, whichever is 
longer, up to 8 hours. For the purposes of this test, a production run 
means the time required for a single part to go from the beginning to 
the end of the production, which includes surface preparation activities 
and drying and curing time.

[[Page 950]]

    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of TVH emissions not captured by the emission 
capture system. Use a temporary total enclosure or a building enclosure 
and the procedures in paragraphs (c)(1) through (6) of this section to 
measure emission capture system efficiency using the liquid-to-
uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings, thinners and/or other additives, 
and cleaning materials are applied, and all areas where emissions from 
these applied coatings and materials subsequently occur, such as flash-
off, curing, and drying areas. The areas of the coating operation where 
capture devices collect emissions for routing to an add-on control 
device, such as the entrance and exit areas of an oven or spray booth, 
must also be inside the enclosure. The enclosure must meet the 
applicable definition of a temporary total enclosure or building 
enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction of TVH liquid input from each coating, 
thinner and/or other additive, and cleaning material used in the coating 
operation during each capture efficiency test run. To make the 
determination, substitute TVH for each occurrence of the term volatile 
organic compounds (VOC) in the methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the coatings, thinners and/or other additives, 
and cleaning materials used in the coating operation during each capture 
efficiency test run:
[GRAPHIC] [TIFF OMITTED] TR19AP04.022

Where:

TVHused = Mass of liquid TVH in materials used in the coating 
          operation during the capture efficiency test run, kg.
TVHi = Mass fraction of TVH in coating, thinner and/or other 
          additive, or cleaning material, i, that is used in the coating 
          operation during the capture efficiency test run, kg TVH per 
          kg material.
Voli = Total volume of coating, thinner and/or other 
          additive, or cleaning material, i, used in the coating 
          operation during the capture efficiency test run, liters.
Di = Density of coating, thinner and/or other additive, or 
          cleaning material, i, kg material per liter material.
n = Number of different coatings, thinners and/or other additives, and 
          cleaning materials used in the coating operation during the 
          capture efficiency test run.

    (4) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system. They are measured as they exit the 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure 
is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR 51 if the enclosure is 
a building enclosure. During the capture efficiency measurement, all 
organic compound emitting operations inside the building enclosure, 
other than the coating operation for which capture efficiency is being 
determined, must be shut down, but all fans and blowers must be 
operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.023


[[Page 951]]


Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHused = Total mass of TVH liquid input used in the coating 
          operation during the capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (d)(1) through (5) of this 
section to measure emission capture system efficiency using the gas-to-
gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings, thinners and/or other additives, 
and cleaning materials are applied, and all areas where emissions from 
these applied coatings and materials subsequently occur, such as flash-
off, curing, and drying areas. The areas of the coating operation where 
capture devices collect emissions generated by the coating operation for 
routing to an add-on control device, such as the entrance and exit areas 
of an oven or a spray booth, must also be inside the enclosure. The 
enclosure must meet the applicable definition of a temporary total 
enclosure or building enclosure in Method 204 of appendix M to 40 CFR 
part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions captured by the emission 
capture system during each capture efficiency test run as measured at 
the inlet to the add-on control device. To make the measurement, 
substitute TVH for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or 204C measurement must 
be upstream from the add-on control device and must represent total 
emissions routed from the capture system and entering the add-on control 
device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure 
is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure, other than the coating operation for which capture 
efficiency is being determined, must be shut down, but all fans and 
blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.024


[[Page 952]]


Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHcaptured = Total mass of TVH captured by the emission 
          capture system as measured at the inlet to the add-on control 
          device during the emission capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.

    (5) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (e) Alternative capture efficiency protocol. As an alternative to 
the procedures specified in paragraphs (c) and (d) of this section and 
subject to the approval of the Administrator, you may determine capture 
efficiency using any other capture efficiency protocol and test methods 
that satisfy the criteria of either the DQO or LCL approach as described 
in appendix A to subpart KK of this part.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41155, July 8, 2020]



Sec. 63.4566  How do I determine the add-on control device emission
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec. 63.4560. 
For each performance test, you must conduct three test runs as specified 
in Sec. 63.7(e)(3) and each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use EPA Method 1 or 1A of appendix A-1 to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use EPA Method 2, 2A, 2C, 2D, or 2F of appendix A-1 to 40 CFR 
part 60, or 2G of appendix A-2 to 40 CFR part 60, as appropriate, to 
measure gas volumetric flow rate.
    (3) Use EPA Method 3, 3A, or 3B of appendix A-2 to 40 CFR part 60, 
as appropriate, for gas analysis to determine dry molecular weight.
    (4) Use EPA Method 4 of appendix A-3 to 40 CFR part 60, to determine 
stack gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either EPA Method 25 or 25A of appendix A-7 to 40 CFR part 60.
    (1) Use EPA Method 25 of appendix A-7 if the add-on control device 
is an oxidizer and you expect the total gaseous organic concentration as 
carbon to be more than 50 parts per million (ppm) at the control device 
outlet.
    (2) Use EPA Method 25A of appendix A-7 if the add-on control device 
is an oxidizer and you expect the total gaseous organic concentration as 
carbon to be 50 ppm or less at the control device outlet.
    (3) Use EPA Method 25A of appendix A-7 if the add-on control device 
is not an oxidizer.
    (4) You may use EPA Method 18 in appendix A-6 of part 60 to subtract 
methane emissions from measured total gaseous organic mass emissions as 
carbon.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet to the 
atmosphere of each device. For example, if one add-on control device is 
a concentrator with an outlet to the atmosphere for the high-volume 
dilute stream that has been treated by the concentrator, and a second 
add-on control device is an oxidizer with an outlet to the atmosphere 
for the low-volume concentrated stream that is treated with the 
oxidizer, you must measure emissions at the outlet of the oxidizer and 
the high volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic emissions 
mass flow rates for the inlet and the outlet of the add-on control 
device, using Equation 1 of this section. If there is more than one 
inlet or outlet to the

[[Page 953]]

add-on control device, you must calculate the total gaseous organic mass 
flow rate using Equation 1 of this section for each inlet and each 
outlet and then total all of the inlet emissions and total all of the 
outlet emissions:
[GRAPHIC] [TIFF OMITTED] TR19AP04.025

Where:

Mf = Total gaseous organic emissions mass flow rate, kg/per 
          hour (h).
Cc = Concentration of organic compounds as carbon in the vent 
          gas, as determined by Method 25 or Method 25A, parts per 
          million by volume (ppmv), dry basis.
Qsd = Volumetric flow rate of gases entering or exiting the 
          add-on control device, as determined by Method 2, 2A, 2C, 2D, 
          2F, or 2G, dry standard cubic meters/hour (dscm/h).
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
          (mol/m\3\) (@ 293 Kelvin (K) and 760 millimeters of mercury 
          (mmHg)).

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.026

Where:

DRE = Organic emissions destruction or removal efficiency of the add-on 
          control device, percent.
Mfi = Total gaseous organic emissions mass flow rate at the 
          inlet(s) to the add-on control device, using Equation 1 of 
          this section, kg/h.
Mfo = Total gaseous organic emissions mass flow rate at the 
          outlet(s) of the add-on control device, using Equation 1 of 
          this section, kg/h.

    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41155, July 8, 2020]



Sec. 63.4567  How do I establish the emission capture system and
add-on control device operating limits during the performance test?

    During performance tests required by Sec. 63.4560 and described in 
Sec. Sec. 63.4564, 63.4565, and 63.4566, you must establish the 
operating limits required by Sec. 63.4492 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec. 63.8(f) as specified in Sec. 63.4492.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During performance tests, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of the 
three test runs. You must monitor the temperature in the firebox of the 
thermal oxidizer or immediately downstream of the firebox before any 
substantial heat exchange occurs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average combustion 
temperature maintained during the performance test. This average 
combustion temperature is the minimum operating limit for your thermal 
oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During performance tests, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature just 
before the catalyst bed and the average temperature difference across 
the catalyst bed maintained during the performance test. These are the 
minimum operating limits for your catalytic oxidizer.
    (3) You must monitor the temperature at the inlet to the catalyst 
bed and implement a site-specific inspection and maintenance plan for 
your catalytic oxidizer as specified in paragraph (b)(4) of this 
section. During performance tests, you must monitor and record the 
temperature just before the

[[Page 954]]

catalyst bed at least once every 15 minutes during each of the three 
test runs. For each performance test, use the data collected during the 
performance test to calculate and record the average temperature just 
before the catalyst bed during the performance test. This is the minimum 
operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, at 
a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) 
of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures. If problems are found during the 
catalyst activity test, you must replace the catalyst bed or take other 
corrective action consistent with the manufacturer's recommendations.
    (ii) Monthly external inspection of the catalytic oxidizer system, 
including the burner assembly and fuel supply lines for problems and, as 
necessary, adjust the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal inspection of the catalyst bed to check for 
channeling, abrasion, and settling. If problems are found during the 
annual internal inspection of the catalyst, you must replace the 
catalyst bed or take other corrective action consistent with the 
manufacturer's recommendations. If the catalyst bed is replaced and is 
not of like or better kind and quality as the old catalyst then you must 
conduct a new performance test to determine destruction efficiency 
according to Sec. 63.4566. If a catalyst bed is replaced and the 
replacement catalyst is of like or better kind and quality as the old 
catalyst, then a new performance test to determine destruction 
efficiency is not required and you may continue to use the previously 
established operating limits for that catalytic oxidizer.
    (c) Regenerative carbon adsorbers. If your add-on control device is 
a regenerative carbon adsorber, establish the operating limits according 
to paragraphs (c)(1) and (2) of this section.
    (1) During performance tests, you must monitor and record the total 
regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each 
regeneration cycle, and the carbon bed temperature after each carbon bed 
regeneration and cooling cycle for the regeneration cycle either 
immediately preceding or immediately following the performance test.
    (2) The operating limits for your regenerative carbon adsorber are 
the minimum total desorbing gas mass flow recorded during the 
regeneration cycle and the maximum carbon bed temperature recorded after 
the cooling cycle.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) of 
this section.
    (1) During performance tests, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs of the performance test.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average condenser outlet 
(product side) gas temperature maintained during the performance test. 
This average condenser outlet gas temperature is the maximum operating 
limit for your condenser.
    (e) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (e)(1) through (4) of this section.
    (1) During performance tests, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature. This 
is the minimum operating limit for the desorption concentrate gas stream 
temperature.
    (3) During each performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least once 
every 15

[[Page 955]]

minutes during each of the three runs of the performance test.
    (4) For each performance test, use the data collected during the 
performance test to calculate and record the average pressure drop. This 
is the minimum operating limit for the dilute stream across the 
concentrator.
    (f) Emission capture systems. For each capture device that is not 
part of a PTE that meets the criteria of Sec. 63.4565(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (f)(1) and (2) of this section. The 
operating limit for a PTE is specified in Table 1 to this subpart.
    (1) During the capture efficiency determination required by Sec. 
63.4560 and described in Sec. Sec. 63.4564 and 63.4565, you must 
monitor and record either the gas volumetric flow rate or the duct 
static pressure for each separate capture device in your emission 
capture system at least once every 15 minutes during each of the three 
test runs at a point in the duct between the capture device and the add-
on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device. 
This average gas volumetric flow rate or duct static pressure is the 
minimum operating limit for that specific capture device.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41155, July 8, 2020]



Sec. 63.4568  What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), (f), and (g) of this section according 
to paragraphs (a)(1) through (6) of this section. You must install, 
operate, and maintain each CPMS specified in paragraphs (b) and (d) of 
this section according to paragraphs (a)(3) through (5) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for each 
successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, and 
validation check of the CPMS.
    (4) Before January 5, 2021, you must maintain the CPMS at all times 
and have available necessary parts for routine repairs of the monitoring 
equipment. On and after January 5, 2021, you must maintain the CPMS at 
all times in accordance with Sec. 63.4500(b) and keep necessary parts 
readily available for routine repairs of the monitoring equipment.
    (5) Before January 5, 2021, you must operate the CPMS and collect 
emission capture system and add-on control device parameter data at all 
times that a controlled coating operation is operating, except during 
monitoring malfunctions, associated repairs, and required quality 
assurance or control activities (including, if applicable, calibration 
checks and required zero and span adjustments). On and after January 5, 
2021, you must operate the CPMS and collect emission capture system and 
add-on control device parameter data at all times in accordance with 
Sec. 63.4500(b).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities when calculating data averages. You must 
use all the data collected during all other periods in calculating the 
data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Before January 5, 2021, any 
period for which the monitoring system is out-of-control and data are 
not available for required calculations is a deviation from the 
monitoring requirements. On and after January 5, 2021, except for 
periods of required quality assurance or control activities,

[[Page 956]]

any period for which the CPMS fails to operate and record data 
continuously as required by paragraph (a)(5) of this section, or 
generates data that cannot be included in calculating averages as 
specified in (a)(6) of this section constitutes a deviation from the 
monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(1)(i) through (v) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must be 
recorded, as well as every time the flow direction is changed. The flow 
control position indicator must be installed at the entrance to any 
bypass line that could divert the emissions away from the add-on control 
device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass line 
valve in the closed 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 
closed position, and the emissions are not diverted away from the add-on 
control device to the atmosphere.
    (iii) Valve closure monitoring. Ensure that any bypass line valve is 
in the closed (nondiverting) position through monitoring of valve 
position at least once every 15 minutes. You must inspect the monitoring 
system at least once every month to verify that the monitor will 
indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the coating operation is stopped when flow is diverted by the 
bypass line away from the add-on control device to the atmosphere when 
the coating operation is running. You must inspect the automatic 
shutdown system at least once every month to verify that it will detect 
diversions of flow and shut down the coating operation.
    (v) Flow direction indicator. Install, calibrate, maintain, and 
operate according to the manufacturer's specifications a flow direction 
indicator that takes a reading at least once every 15 minutes and 
provides a record indicating whether the emissions are directed to the 
add-on control device or diverted from the add-on control device. Each 
time the flow direction changes, the next reading of the time of 
occurrence and flow direction must be recorded. The flow direction 
indicator must be installed in each bypass line or air makeup supply 
line that could divert the emissions away from the add-on control device 
to the atmosphere.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec. 63.4520.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section:
    (1) For a thermal oxidizer, install a gas temperature monitor in the 
firebox of the thermal oxidizer or in the duct immediately downstream of 
the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install gas temperature monitors 
upstream and/or downstream of the catalyst bed as required in Sec. 
63.3967(b).
    (3) For all thermal oxidizers and catalytic oxidizers, you must meet 
the

[[Page 957]]

requirements in paragraphs (a) and (c)(3)(i) through (v) of this section 
for each gas temperature monitoring device. For the purposes of this 
paragraph (c)(3), a thermocouple is part of the temperature sensor.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 5 
degrees Fahrenheit or 1.0 percent of the temperature value, whichever is 
larger.
    (iii) Before using the sensor for the first time or when relocating 
or replacing the sensor, perform a validation check by comparing the 
sensor output to a calibrated temperature measurement device or by 
comparing the sensor output to a simulated temperature.
    (iv) Conduct an accuracy audit every quarter and after every 
deviation. Accuracy audit methods include comparisons of sensor output 
to redundant temperature sensors, to calibrated temperature measurement 
devices, or to temperature simulation devices.
    (v) Conduct a visual inspection of each sensor every quarter if 
redundant temperature sensors are not used.
    (d) Regenerative carbon adsorbers. If you are using a regenerative 
carbon adsorber as an add-on control device, you must monitor the total 
regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each 
regeneration cycle, the carbon bed temperature after each regeneration 
and cooling cycle, and comply with paragraphs (a)(3) through (5) and 
(d)(1) through (3) of this section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must be capable of recording 
the temperature within 15 minutes of completing any carbon bed cooling 
cycle.
    (3) For all regenerative carbon adsorbers, you must meet the 
requirements in paragraphs (c)(3)(i) through (v) of this section for 
each temperature monitoring device.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The temperature monitor must provide a gas temperature record at 
least once every 15 minutes.
    (2) For all condensers, you must meet the requirements in paragraphs 
(c)(3)(i) through (v) of this section for each temperature monitoring 
device.
    (f) Concentrators. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must comply with 
the requirements in paragraphs (f)(1) and (2) of this section.
    (1) You must install a temperature monitor in the desorption gas 
stream. The temperature monitor must meet the requirements in paragraphs 
(a) and (c)(3) of this section.
    (2) You must install a device to monitor pressure drop across the 
zeolite wheel or rotary carbon bed. The pressure monitoring device must 
meet the requirements in paragraphs (a) and (g)(2) of this section.
    (g) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (g)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the requirements 
in paragraphs (a) and (g)(1)(i) through (vii) of this section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Use a flow sensor with an accuracy of at least 10 percent of 
the flow.
    (iii) Perform an initial sensor calibration in accordance with the 
manufacturer's requirements.
    (iv) Perform a validation check before initial use or upon 
relocation or replacement of a sensor. Validation checks include 
comparison of sensor values with electronic signal simulations or via 
relative accuracy testing.
    (v) Conduct an accuracy audit every quarter and after every 
deviation. Accuracy audit methods include comparisons of sensor values 
with electronic signal simulations or via relative accuracy testing.
    (vi) Perform leak checks monthly.

[[Page 958]]

    (vii) Perform visual inspections of the sensor system quarterly if 
there is no redundant sensor.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (g)(2)(i) through (vii) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Use a pressure sensor with an accuracy of at least 0.5 inches 
of water column or 5 percent of the measured value, whichever is larger.
    (iii) Perform an initial calibration of the sensor according to the 
manufacturer's requirements.
    (iv) Conduct a validation check before initial operation or upon 
relocation or replacement of a sensor. Validation checks include 
comparison of sensor values to calibrated pressure measurement devices 
or to pressure simulation using calibrated pressure sources.
    (v) Conduct accuracy audits every quarter and after every deviation. 
Accuracy audits include comparison of sensor values to calibrated 
pressure measurement devices or to pressure simulation using calibrated 
pressure sources.
    (vi) Perform monthly leak checks on pressure connections. A pressure 
of at least 1.0 inches of water column to the connection must yield a 
stable sensor result for at least 15 seconds.
    (vii) Perform a visual inspection of the sensor at least monthly if 
there is no redundant sensor.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41156, July 8, 2020]

                   Other Requirements and Information



Sec. 63.4580  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 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 
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 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 listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.4481 through 4483 and Sec. Sec. 63.4490 through 4493.
    (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. 63.4581  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:
    Additive means a material that is added to a coating after purchase 
from a supplier (e.g., catalysts, activators, accelerators).
    Add-on control means an air pollution control device, such as a 
thermal oxidizer or carbon adsorber, that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.
    Adhesive, adhesive coating means any chemical substance that is 
applied for the purpose of bonding two surfaces together. Products used 
on humans and animals, adhesive tape, contact paper, or any other 
product with an adhesive incorporated onto or in an inert substrate 
shall not be considered adhesives under this subpart.
    Assembled on-road vehicle coating means any coating operation in 
which coating is applied to the surface of some component or surface of 
a fully assembled motor vehicle or trailer intended for on-road use 
including, but not limited to, components or surfaces

[[Page 959]]

on automobiles and light-duty trucks that have been repaired after a 
collision or otherwise repainted, fleet delivery trucks, and motor homes 
and other recreational vehicles (including camping trailers and fifth 
wheels). Assembled on-road vehicle coating includes the concurrent 
coating of parts of the assembled on-road vehicle that are painted off-
vehicle to protect systems, equipment, or to allow full coverage. 
Assembled on-road vehicle coating does not include surface coating 
operations that meet the applicability criteria of the Automobiles and 
Light-Duty Trucks NESHAP. Assembled on-road vehicle coating also does 
not include the use of adhesives, sealants, and caulks used in 
assembling on-road vehicles.
    Automotive lamp coating means any coating operation in which coating 
is applied to the surface of some component of the body of an exterior 
automotive lamp, including the application of reflective argent coatings 
and clear topcoats. Exterior automotive lamps include head lamps, tail 
lamps, turn signals, brake lights, and side marker lights. Automotive 
lamp coating does not include any coating operation performed on an 
assembled on-road vehicle.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to collect 
emissions generated by a coating operation in the use of coatings or 
cleaning materials, both at the point of application and at subsequent 
points where emissions from the coatings and cleaning materials occur, 
such as flashoff, drying, or curing. As used in this subpart, multiple 
capture devices that collect emissions generated by a coating operation 
are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting), from a substrate before or after coating application 
or from equipment associated with a coating operation, such as spray 
booths, spray guns, racks, tanks, and hangers. Thus, it includes any 
cleaning material used on substrates or equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, liquid plastic coatings, caulks, inks, 
adhesives, and maskants. Decorative, protective, or functional materials 
that consist only of protective oils for metal, acids, bases, or any 
combination of these substances, or paper film or plastic film which may 
be pre-coated with an adhesive by the film manufacturer, are not 
considered coatings for the purposes of this subpart. A liquid plastic 
coating means a coating made from fine particle-size polyvinyl chloride 
(PVC) in solution (also referred to as a plastisol).
    Coating operation means equipment used to apply cleaning materials 
to a substrate to prepare it for coating application (surface 
preparation) or to remove dried coating; to apply coating to a substrate 
(coating application) and to dry or cure the coating after application; 
or to clean coating operation equipment (equipment cleaning). A single 
coating operation may include any combination of these types of 
equipment, but always includes at least the point at which a given 
quantity of coating or cleaning material is applied to a given part and 
all subsequent points in the affected source where organic HAP are 
emitted from the specific quantity of coating or cleaning material on 
the specific part. There may be multiple coating operations in an 
affected source. Coating application with handheld, non-refillable 
aerosol containers, touch-up markers, or marking pens is not a coating 
operation for the purposes of this subpart.
    Coatings solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample,

[[Page 960]]

condition (if applicable), analyze, and provide a record of coating 
operation, or capture system, or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Deviation means:
    (1) Before January 5, 2021, 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 or 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) Fails to meet any emission limit, or operating limit, or work 
practice standard in this subpart during SSM, regardless of whether or 
not such failure is permitted by this subpart; and
    (2) On and after January 5, 2021, 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; 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.
    Emission limitation means the aggregate of all requirements 
associated with a compliance option including emission limit, operating 
limit, work practice standard, etc.
    Enclosure means a structure that surrounds a source of emissions and 
captures and directs the emissions to an add-on control device.
    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds are 
listed in 40 CFR 51.100(s).
    Facility maintenance means the routine repair or renovation 
(including the surface coating) of the tools, equipment, machinery, and 
structures that comprise the infrastructure of the affected facility and 
that are necessary for the facility to function in its intended 
capacity.
    General use coating means any coating operation that is not an 
automotive lamp, TPO, or assembled on-road vehicle coating operation.
    Hobby shop means any surface coating operation, located at an 
affected source, that is used exclusively for personal, noncommercial 
purposes by the affected source's employees or assigned personnel.
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material with the test methods specified in 
Sec. 63.4541. Manufacturer's formulation data may include, but are not 
limited to, information on density, organic HAP content, volatile 
organic matter content, and coating solids content.
    Mass fraction of coating solids means the ratio of the mass of 
solids (also known as the mass of nonvolatiles) to the mass of a coating 
in which it is contained; kg of coating solids per kg of coating.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as kg 
of organic HAP per kg of material.
    Month means a calendar month or a pre-specified period of 28 days to 
35 days to allow for flexibility in recordkeeping when data are based on 
a business accounting period.
    Non-HAP coating means, for the purposes of this subpart, a coating 
that contains no more than 0.1 percent by mass of any individual organic 
HAP that is listed in table 5 to this subpart and no more than 1.0 
percent by mass for any other individual HAP.
    Organic HAP content means the mass of organic HAP emitted per mass 
of

[[Page 961]]

coating solids used for a coating calculated using Equation 1 of Sec. 
63.4541. The organic HAP content is determined for the coating in the 
condition it is in when received from its manufacturer or supplier and 
does not account for any alteration after receipt. For reactive 
adhesives in which some of the HAP react to form solids and are not 
emitted to the atmosphere, organic HAP content is the mass of organic 
HAP that is emitted, rather than the organic HAP content of the coating 
as it is received.
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Personal watercraft means a vessel (boat) which uses an inboard 
motor powering a water jet pump as its primary source of motive power 
and which is designed to be operated by a person or persons sitting, 
standing, or kneeling on the vessel, rather than in the conventional 
manner of sitting or standing inside the vessel.
    Plastic part and product means any piece or combination of pieces of 
which at least one has been formed from one or more resins. Such pieces 
may be solid, porous, flexible or rigid.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Reactive adhesive means adhesive systems composed, in part, of 
volatile monomers that react during the adhesive curing reaction, and, 
as a result, do not evolve from the film during use. These volatile 
components instead become integral parts of the adhesive through 
chemical reaction. At least 70 percent of the liquid components of the 
system, excluding water, react during the process.
    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and is not engaged in the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Startup, initial means the first time equipment is brought online in 
a facility.
    Surface preparation means use of a cleaning material on a portion of 
or all of a substrate. This includes use of a cleaning material to 
remove dried coating, which is sometimes called depainting.
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from a 
given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thermoplastic olefin (TPO) means polyolefins (blends of 
polypropylene, polyethylene and its copolymers). This also includes 
blends of TPO with polypropylene and polypropylene alloys including, but 
not limited to, thermoplastic elastomer (TPE), TPE polyurethane (TPU), 
TPE polyester (TPEE), TPE polyamide (TPAE), and thermoplastic elastomer 
polyvinyl chloride (TPVC).
    Thermoplastic olefin (TPO) coating means any coating operation in 
which the coatings are components of a system of coatings applied to a 
TPO substrate, including adhesion promoters, primers, color coatings, 
clear coatings and topcoats. Thermoplastic olefin coating does not 
include the coating of TPO substrates on assembled on-road vehicles.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through 204F of appendix M to 40 CFR part 51 and substituting 
the term TVH each place in the methods where the term VOC is used. The 
TVH includes both VOC and non-VOC.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed

[[Page 962]]

through an emission capture system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC in 
40 CFR 51.100(s).
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or discharged.

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41156, July 8, 2020]



 Sec. Table 1 to Subpart PPPP of Part 63--Operating Limits if Using the 
                Emission Rate With Add-On Controls Option

    If you are required to comply with operating limits by Sec. 
63.4491(c), you must comply with the applicable operating limits in the 
following table:

------------------------------------------------------------------------
                                                           And you must
                                                           demonstrate
For the following device . .      You must meet the         continuous
              .               following operating limit  compliance with
                                        . . .             the operating
                                                          limit by . . .
------------------------------------------------------------------------
1. Thermal oxidizer.........  a. The average combustion  i. Collecting
                               temperature in any 3-      the combustion
                               hour period must not       temperature
                               fall below the             data according
                               combustion temperature     to Sec.
                               limit established          63.4568(c);
                               according to Sec. ii. Reducing
                               63.4567(a).                the data to 3-
                                                          hour block
                                                          averages; and
                                                         iii.
                                                          Maintaining
                                                          the 3-hour
                                                          average
                                                          combustion
                                                          temperature at
                                                          or above the
                                                          temperature
                                                          limit.
2. Catalytic oxidizer.......  a. The average             i. Collecting
                               temperature measured       the
                               just before the catalyst   temperature
                               bed in any 3-hour period   data according
                               must not fall below the    to Sec.
                               limit established          63.4568(c);
                               according to Sec. ii. Reducing
                               63.4567(b); and either     the data to 3-
                                                          hour block
                                                          averages; and
                                                         iii.
                                                          Maintaining
                                                          the 3-hour
                                                          average
                                                          temperature
                                                          before the
                                                          catalyst bed
                                                          at or above
                                                          the
                                                          temperature
                                                          limit.
                              b. Ensure that the         i. Collecting
                               average temperature        the
                               difference across the      temperature
                               catalyst bed in any 3-     data according
                               hour period does not       to Sec.
                               fall below the             63.4568(c);
                               temperature difference    ii. Reducing
                               limit established          the data to 3-
                               according to Sec. hour block
                               63.4567(b)(2); or          averages; and
                                                         iii.
                                                          Maintaining
                                                          the 3-hour
                                                          average
                                                          temperature
                                                          difference at
                                                          or above the
                                                          temperature
                                                          difference
                                                          limit.
                              c. Develop and implement   i. Maintaining
                               an inspection and          an up-to-date
                               maintenance plan           inspection and
                               according to Sec. maintenance
                               63.4567(b)(4).             plan, records
                                                          of annual
                                                          catalyst
                                                          activity
                                                          checks,
                                                          records of
                                                          monthly
                                                          inspections of
                                                          the oxidizer
                                                          system, and
                                                          records of the
                                                          annual
                                                          internal
                                                          inspections of
                                                          the catalyst
                                                          bed. If a
                                                          problem is
                                                          discovered
                                                          during a
                                                          monthly or
                                                          annual
                                                          inspection
                                                          required by
                                                          Sec.
                                                          63.4567(b)(4),
                                                          you must take
                                                          corrective
                                                          action as soon
                                                          as practicable
                                                          consistent
                                                          with the
                                                          manufacturer's
                                                          recommendation
                                                          s.
3. Regenerative carbon        a. The total regeneration  i. Measuring
 adsorber.                     desorbing gas (e.g.,       the total
                               steam or nitrogen) mass    regeneration
                               flow for each carbon bed   desorbing gas
                               regeneration cycle must    (e.g., steam
                               not fall below the total   or nitrogen)
                               regeneration desorbing     mass flow for
                               gas mass flow limit        each
                               established according to   regeneration
                               Sec. 63.4567(c); and     cycle
                                                          according to
                                                          Sec.
                                                          63.4568(d);
                                                          and
                                                         ii. Maintaining
                                                          the total
                                                          regeneration
                                                          desorbing gas
                                                          mass flow at
                                                          or above the
                                                          mass flow
                                                          limit.
                              b. The temperature of the  i. Measuring
                               carbon bed, after          the
                               completing each            temperature of
                               regeneration and any       the carbon bed
                               cooling cycle, must not    after
                               exceed the carbon bed      completing
                               temperature limit          each
                               established according to   regeneration
                               Sec. 63.4567(c).         and any
                                                          cooling cycle
                                                          according to
                                                          Sec.
                                                          63.4568(d);
                                                          and
                                                         ii. Operating
                                                          the carbon
                                                          beds such that
                                                          each carbon
                                                          bed is not
                                                          returned to
                                                          service until
                                                          completing
                                                          each
                                                          regeneration
                                                          and any
                                                          cooling cycle
                                                          until the
                                                          recorded
                                                          temperature of
                                                          the carbon bed
                                                          is at or below
                                                          the
                                                          temperature
                                                          limit.

[[Page 963]]

 
4. Condenser................  a. The average condenser   i. Collecting
                               outlet (product side)      the condenser
                               gas temperature in any 3-  outlet
                               hour period must not       (product side)
                               exceed the temperature     gas
                               limit established          temperature
                               according to Sec. according to
                               63.4567(d).                Sec.
                                                          63.4568(e);
                                                         ii. Reducing
                                                          the data to 3-
                                                          hour block
                                                          averages; and
                                                         iii.
                                                          Maintaining
                                                          the 3-hour
                                                          average gas
                                                          temperature at
                                                          the outlet at
                                                          or below the
                                                          temperature
                                                          limit.
5. Concentrators, including   a. The average gas         i. Collecting
 zeolite wheels and rotary     temperature of the         the
 carbon adsorbers.             desorption concentrate     temperature
                               stream in any 3-hour       data according
                               period must not fall       to Sec.
                               below the limit            63.4568(f);
                               established according to  ii. Reducing
                               Sec. 63.4567(e); and     the data to 3-
                                                          hour block
                                                          averages; and
                                                         iii.
                                                          Maintaining
                                                          the 3-hour
                                                          average
                                                          temperature at
                                                          or above the
                                                          temperature
                                                          limit.
                              b. The average pressure    i. Collecting
                               drop of the dilute         the pressure
                               stream across the          drop data
                               concentrator in any 3-     according to
                               hour period must not       Sec.
                               fall below the limit       63.4568(f);
                               established according to  ii. Reducing
                               Sec. 63.4567(e).         the pressure
                                                          drop data to 3-
                                                          hour block
                                                          averages; and
                                                         iii.
                                                          Maintaining
                                                          the 3-hour
                                                          average
                                                          pressure drop
                                                          at or above
                                                          the pressure
                                                          drop limit.
6. Emission capture system    a. The direction of the    i. Collecting
 that is a PTE according to    air flow at all times      the direction
 Sec. 63.4565(a).            must be into the           of air flow,
                               enclosure; and either      and either the
                                                          facial
                                                          velocity of
                                                          air through
                                                          all natural
                                                          draft openings
                                                          according to
                                                          Sec.
                                                          63.4568(g)(1)
                                                          or the
                                                          pressure drop
                                                          across the
                                                          enclosure
                                                          according to
                                                          Sec.
                                                          63.4568(g)(2);
                                                          and
                                                         ii. Maintaining
                                                          the facial
                                                          velocity of
                                                          air flow
                                                          through all
                                                          natural draft
                                                          openings or
                                                          the pressure
                                                          drop at or
                                                          above the
                                                          facial
                                                          velocity limit
                                                          or pressure
                                                          drop limit,
                                                          and
                                                          maintaining
                                                          the direction
                                                          of air flow
                                                          into the
                                                          enclosure at
                                                          all times.
                              b. The average facial      i. See items
                               velocity of air through    6.a.i and
                               all natural draft          6.a.ii.
                               openings in the
                               enclosure must be at
                               least 200 feet per
                               minute; or
                              c. The pressure drop       i. See items
                               across the enclosure       6.a.i and
                               must be at least 0.007     6.a.ii.
                               inch H2O, as established
                               in Method 204 of
                               appendix M to 40 CFR
                               part 51.
7. Emission capture system    a. The average gas         i. Collecting
 that is not a PTE according   volumetric flow rate or    the gas
 to Sec. 63.4565(a).         duct static pressure in    volumetric
                               each duct between a        flow rate or
                               capture device and add-    duct static
                               on control device inlet    pressure for
                               in any 3-hour period       each capture
                               must not fall below the    device
                               average volumetric flow    according to
                               rate or duct static        Sec.
                               pressure limit             63.4568(g);
                               established for that      ii. Reducing
                               capture device according   the data to 3-
                               to Sec. 63.4567(f).      hour block
                                                          averages; and
                                                         iii.
                                                          Maintaining
                                                          the 3-hour
                                                          average gas
                                                          volumetric
                                                          flow rate or
                                                          duct static
                                                          pressure for
                                                          each capture
                                                          device at or
                                                          above the gas
                                                          volumetric
                                                          flow rate or
                                                          duct static
                                                          pressure
                                                          limit.
------------------------------------------------------------------------



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

    You must comply with the applicable General Provisions requirements 
according to the following table:

----------------------------------------------------------------------------------------------------------------
              Citation                       Subject          Applicable to subpart PPPP        Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(12).............  General Applicability.  Yes........................
Sec. 63.1(b)(1)-(3)..............  Initial Applicability   Yes........................  Applicability to
                                      Determination.                                       subpart PPPP is also
                                                                                           specified in Sec.
                                                                                           63.4481.
Sec. 63.1(c)(1)..................  Applicability After     Yes........................
                                      Standard Established.
Sec. 63.1(c)(2)..................  Applicability of        No.........................  Area sources are not
                                      Permit Program for                                   subject to subpart
                                      Area Sources.                                        PPPP.
Sec. 63.1(c)(5)..................  Extensions and          Yes........................
                                      Notifications.
Sec. 63.1(c)(6)..................  Reclassification......  Yes........................

[[Page 964]]

 
Sec. 63.1(e).....................  Applicability of        Yes........................
                                      Permit Program Before
                                      Relevant Standard is
                                      Set.
Sec. 63.2........................  Definitions...........  Yes........................  Additional definitions
                                                                                           are specified in Sec.
                                                                                             63.4581.
Sec. 63.3........................  Units and               Yes........................
                                      Abbreviations.
Sec. 63.4(a)(1)-(2)..............  Prohibited Activities.  Yes........................
Sec. 63.4(b)-(c).................  Circumvention/          Yes........................
                                      Fragmentation.
Sec. 63.5(a).....................  Construction/           Yes........................
                                      Reconstruction.
Sec. 63.5(b)(1), (3), (4), (6)...  Requirements for        Yes........................
                                      Existing, Newly
                                      Constructed, and
                                      Reconstructed Sources.
Sec. 63.5(d)(1)(i)-(ii)(F),        Application for         Yes........................
 (d)(1)(ii)(H), (d)(1)(ii)(J),        Approval of
 (d)(1)(iii), (d)(2)-(4).             Construction/
                                      Reconstruction.
Sec. 63.5(e).....................  Approval of             Yes........................
                                      Construction/
                                      Reconstruction.
Sec. 63.5(f).....................  Approval of             Yes........................
                                      Construction/
                                      Reconstruction Based
                                      on Prior State Review.
Sec. 63.6(a).....................  Compliance With         Yes........................
                                      Standards and
                                      Maintenance
                                      Requirements--Applica
                                      bility.
Sec. 63.6(b)(1)-(5), (b)(7)......  Compliance Dates for    Yes........................  Section 63.4483
                                      New and Reconstructed                                specifies the
                                      Sources.                                             compliance dates.
Sec. 63.6(c)(1), (2), (5)........  Compliance Dates for    Yes........................  Section 63.4483
                                      Existing Sources.                                    specifies the
                                                                                           compliance dates.
Sec. 63.6(e)(1)(i)-(ii)..........  Operation and           Yes before January 5, 2021.  See Sec. 63.4500(b)
                                      Maintenance.            No on and after January 5,   for general duty
                                                              2021.                        requirement.
Sec. 63.6(e)(1)(iii).............  Operation and           Yes........................
                                      Maintenance.
Sec. 63.6(e)(3)(i), (e)(3)(iii)-   SSMP..................  Yes before January 5, 2021.
 (ix).                                                        No on and after January 5,
                                                              2021.
Sec. 63.6(f)(1)..................  Compliance Except       Yes before January 5, 2021.
                                      During SSM.             No on and after January 5,
                                                              2021.
Sec. 63.6(f)(2)-(3)..............  Methods for             Yes........................
                                      Determining
                                      Compliance.
Sec. 63.6(g).....................  Use of an Alternative   Yes........................
                                      Standard.
Sec. 63.6(h).....................  Compliance With         No.........................  Subpart PPPP does not
                                      Opacity/Visible                                      establish opacity
                                      Emission Standards.                                  standards and does
                                                                                           not require
                                                                                           continuous opacity
                                                                                           monitoring systems
                                                                                           (COMS).
Sec. 63.6(i)(1)-(14), (16).......  Extension of            Yes........................
                                      Compliance.
Sec. 63.6(j).....................  Presidential            Yes........................
                                      Compliance Exemption.
Sec. 63.7(a)(1)..................  Performance Test        Yes........................  Applies to all
                                      Requirements--Applica                                affected sources.
                                      bility.                                              Additional
                                                                                           requirements for
                                                                                           performance testing
                                                                                           are specified in Sec.
                                                                                            Sec. 63.4564,
                                                                                           63.4565, and 63.4566.
Sec. 63.7(a)(2), except (a)(2)(i)- Performance Test        Yes........................  Applies only to
 (viii).                              Requirements--Dates.                                 performance tests for
                                                                                           capture system and
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standards.
                                                                                           Section 63.4560
                                                                                           specifies the
                                                                                           schedule for
                                                                                           performance test
                                                                                           requirements that are
                                                                                           earlier than those
                                                                                           specified in Sec.
                                                                                           63.7(a)(2).
Sec. 63.7(a)(3)-(4)..............  Performance Tests       Yes........................
                                      Required By the
                                      Administrator, Force
                                      Majeure.
Sec. 63.7(b)-(d).................  Performance Test        Yes........................  Applies only to
                                      Requirements--Notific                                performance tests for
                                      ation, Quality                                       capture system and
                                      Assurance, Facilities                                add-on control device
                                      Necessary for Safe                                   efficiency at sources
                                      Testing, Conditions                                  using these to comply
                                      During Test.                                         with the standards.
Sec. 63.7(e)(1)..................  Conduct of Performance  Yes before January 5, 2021.  See Sec. 63.4500 and
                                      Tests.                  No on and after January 5,   Sec. 63.4564(a).
                                                              2021.
Sec. 63.7(e)(2)-(4)..............  Conduct of Performance  Yes........................
                                      Tests.
Sec. 63.7(f).....................  Performance Test        Yes........................  Applies to all test
                                      Requirements--Use                                    methods except those
                                      Alternative Test                                     of used to determine
                                      Method.                                              capture system
                                                                                           efficiency.

[[Page 965]]

 
Sec. 63.7(g)-(h).................  Performance Test        Yes........................  Applies only to
                                      Requirements--Data                                   performance tests for
                                      Analysis,                                            capture system and
                                      Recordkeeping,                                       add-on control device
                                      Reporting, Waiver of                                 efficiency at sources
                                      Test.                                                using these to comply
                                                                                           with the standards.
Sec. 63.8(a)(1)-(2)..............  Monitoring              Yes........................  Applies only to
                                      Requirements--Applica                                monitoring of capture
                                      bility.                                              system and add-on
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standards.
                                                                                           Additional
                                                                                           requirements for
                                                                                           monitoring are
                                                                                           specified in Sec.
                                                                                           63.4568.
Sec. 63.8(a)(4)..................  Additional Monitoring   No.........................  Subpart PPPP does not
                                      Requirements.                                        have monitoring
                                                                                           requirements for
                                                                                           flares.
Sec. 63.8(b).....................  Conduct of Monitoring.  Yes........................
Sec. 63.8(c)(1)..................  Continuous Monitoring   Yes before January 5, 2021.  Section 63.4568
                                      System (CMS)            No on and after January 5,   specifies the
                                      Operation and           2021.                        requirements for the
                                      Maintenance.                                         operation of CMS for
                                                                                           capture systems and
                                                                                           add-on control
                                                                                           devices at sources
                                                                                           using these to
                                                                                           comply.
Sec. 63.8(c)(2)-(3)..............  CMS Operation and       Yes........................  Applies only to
                                      Maintenance.                                         monitoring of capture
                                                                                           system and add-on
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standard.
                                                                                           Additional
                                                                                           requirements for CMS
                                                                                           operations and
                                                                                           maintenance are
                                                                                           specified in Sec.
                                                                                           63.4568.
Sec. 63.8(c)(4)..................  CMS...................  No.........................  Section 63.4568
                                                                                           specifies the
                                                                                           requirements for the
                                                                                           operation of CMS for
                                                                                           capture systems and
                                                                                           add-on control
                                                                                           devices at sources
                                                                                           using these to
                                                                                           comply.
Sec. 63.8(c)(5)..................  COMS..................  No.........................  Subpart PPPP does not
                                                                                           have opacity or
                                                                                           visible emission
                                                                                           standards.
Sec. 63.8(c)(6)..................  CMS Requirements......  No.........................  Section 63.4568
                                                                                           specifies the
                                                                                           requirements for
                                                                                           monitoring systems
                                                                                           for capture systems
                                                                                           and add-on control
                                                                                           devices at sources
                                                                                           using these to
                                                                                           comply.
Sec. 63.8(c)(7)..................  CMS Out-of-Control      Yes........................
                                      Periods.
Sec. 63.8(c)(8)..................  CMS Out-of-Control      No.........................  Section 63.4520
                                      Periods and Reporting.                               requires reporting of
                                                                                           CMS out-of-control
                                                                                           periods.
Sec. 63.8(d)-(e).................  Quality Control         No.........................  Subpart PPPP does not
                                      Program and CMS                                      require the use of
                                      Performance                                          continuous emissions
                                      Evaluation.                                          monitoring systems.
Sec. 63.8(f)(1)-(5)..............  Use of an Alternative   Yes........................
                                      Monitoring Method.
Sec. 63.8(f)(6)..................  Alternative to          No.........................  Subpart PPPP does not
                                      Relative Accuracy                                    require the use of
                                      Test.                                                continuous emissions
                                                                                           monitoring systems.
Sec. 63.8(g).....................  Data Reduction........  No.........................  Sections 63.4567 and
                                                                                           63.4568 specify
                                                                                           monitoring data
                                                                                           reduction.
Sec. 63.9(a)-(d).................  Notification            Yes........................
                                      Requirements.
Sec. 63.9(e).....................  Notification of         Yes........................  Applies only to
                                      Performance Test.                                    capture system and
                                                                                           add-on control device
                                                                                           performance tests at
                                                                                           sources using these
                                                                                           to comply with the
                                                                                           standards.
Sec. 63.9(f).....................  Notification of         No.........................  Subpart PPPP does not
                                      Visible Emissions/                                   have opacity or
                                      Opacity Test.                                        visible emission
                                                                                           standards.
Sec. 63.9(g).....................  Additional              No.........................  Subpart PPPP does not
                                      Notifications When                                   require the use of
                                      Using CMS.                                           continuous emissions
                                                                                           monitoring systems.
Sec. 63.9(h)(1)-(3), (5)-(6).....  Notification of         Yes........................  Section 63.4510
                                      Compliance Status.                                   specifies the dates
                                                                                           for submitting the
                                                                                           notification of
                                                                                           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--Applicabil
                                      ity and General
                                      Information.
Sec. 63.10(b)(1).................  General Recordkeeping   Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           Sec. 63.4530 and
                                                                                           63.4531.

[[Page 966]]

 
Sec. 63.10(b)(2)(i)-(ii).........  Recordkeeping of        Yes before January 5, 2021.  See Sec. 63.4530(h).
                                      Occurrence and          No on and after January 5,
                                      Duration of Startups    2021.
                                      and Shutdowns and of
                                      Failures to Meet
                                      Standards.
Sec. 63.10(b)(2)(iii)............  Recordkeeping Relevant  Yes........................
                                      to Maintenance of Air
                                      Pollution Control and
                                      Monitoring Equipment.
Sec. 63.10(b)(2)(iv)-(v).........  Actions Taken to        Yes before January 5, 2021.  See Sec.
                                      Minimize Emissions      No on and after January 5,   63.4530(h)(4) for a
                                      During SSM.             2021.                        record of actions
                                                                                           taken to minimize
                                                                                           emissions during a
                                                                                           deviation from the
                                                                                           standard.
Sec. 63.10(b)(2)(vi).............  Recordkeeping for CMS   Yes before January 5, 2021.  See Sec. 63.4530(h)
                                      Malfunctions.           No on and after January 5,   for records of
                                                              2021.                        periods of deviation
                                                                                           from the standard,
                                                                                           including instances
                                                                                           where a CMS is
                                                                                           inoperative or out-of-
                                                                                           control.
Sec. 63.10(b)(2)(vii)-(xii)......  Records...............  Yes........................
Sec. 63.10(b)(2)(xiii)...........  ......................  No.........................  Subpart PPPP does not
                                                                                           require the use of
                                                                                           continuous emissions
                                                                                           monitoring systems.
Sec. 63.10(b)(2)(xiv)............  ......................  Yes........................
Sec. 63.10(b)(3).................  Recordkeeping           Yes........................
                                      Requirements for
                                      Applicability
                                      Determinations.
Sec. 63.10(c)(1), (5)-(6)........  Additional              Yes........................
                                      Recordkeeping
                                      Requirements for
                                      Sources with CMS.
Sec. 63.10(c)(7)-(8).............  Additional              No.........................  See Sec. 63.4530(h)
                                      Recordkeeping                                        for records of
                                      Requirements for                                     periods of deviation
                                      Sources with CMS.                                    from the standard,
                                                                                           including instances
                                                                                           where a CMS is
                                                                                           inoperative or out-of-
                                                                                           control.
Sec. 63.10(c)(10)-(14)...........  Additional              Yes........................
                                      Recordkeeping
                                      Requirements for
                                      Sources with CMS.
Sec. 63.10(c)(15)................  Records Regarding the   Yes before January 5, 2021.
                                      SSMP.                   No on and after January 5,
                                                              2021.
Sec. 63.10(d)(1).................  General Reporting       Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.4520.
Sec. 63.10(d)(2).................  Report of Performance   Yes........................  Additional
                                      Test Results.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.4520(b).
Sec. 63.10(d)(3).................  Reporting Opacity or    No.........................  Subpart PPPP does not
                                      Visible Emissions                                    require opacity or
                                      Observations.                                        visible emissions
                                                                                           observations.
Sec. 63.10(d)(4).................  Progress Reports for    Yes........................
                                      Sources With
                                      Compliance Extensions.
Sec. 63.10(d)(5).................  SSM Reports...........  Yes before January 5, 2021.  See Sec.
                                                              No on and after January 5,   63.4520(a)(7).
                                                              2021.
Sec. 63.10(e)(1)-(2).............  Additional CMS Reports  No.........................  Subpart PPPP does not
                                                                                           require the use of
                                                                                           continuous emissions
                                                                                           monitoring systems.
Sec. 63.10(e)(3).................  Excess Emissions/CMS    No.........................  Section 63.4520(b)
                                      Performance Reports.                                 specifies the
                                                                                           contents of periodic
                                                                                           compliance reports.
Sec. 63.10(e)(4).................  COMS Data Reports.....  No.........................  Subpart PPPP does not
                                                                                           specify requirements
                                                                                           for opacity or COMS.
Sec. 63.10(f)....................  Recordkeeping/          Yes........................
                                      Reporting Waiver.
Sec. 63.11.......................  Control Device          No.........................  Subpart PPPP does not
                                      Requirements/Flares.                                 specify use of flares
                                                                                           for compliance.
Sec. 63.12.......................  State Authority and     Yes........................
                                      Delegations.
Sec. 63.13.......................  Addresses.............  Yes........................
Sec. 63.14.......................  IBR...................  Yes........................
Sec. 63.15.......................  Availability of         Yes........................
                                      Information/
                                      Confidentiality.
----------------------------------------------------------------------------------------------------------------


[85 FR 41156, July 8, 2020, as amended at 85 FR 73907, Nov. 19, 2020]



   Sec. Table 3 to Subpart PPPP of Part 63--Default Organic HAP Mass 
                Fraction for Solvents and Solvent Blends

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data and which match either the solvent blend name or the 
chemical abstract series (CAS) number. If a solvent blend matches both 
the name and CAS number for an entry, that entry's organic HAP mass 
fraction must

[[Page 967]]

be used for that solvent blend. Otherwise, use the organic HAP mass 
fraction for the entry matching either the solvent blend name or CAS 
number, or use the organic HAP mass fraction from table 4 to this 
subpart if neither the name or CAS number match.

----------------------------------------------------------------------------------------------------------------
                                                     Average
                                                   organic HAP
       Solvent/solvent blend           CAS. No.        mass           Typical organic HAP, percent by mass
                                                     fraction
----------------------------------------------------------------------------------------------------------------
1. Toluene.........................      108-88-3        1.0    Toluene.
2. Xylene(s).......................     1330-20-7        1.0    Xylenes, ethylbenzene.
3. Hexane..........................      110-54-3        0.5    n-hexane.
4. n-Hexane........................      110-54-3        1.0    n-hexane.
5. Ethylbenzene....................      100-41-4        1.0    Ethylbenzene.
6. Aliphatic 140...................  ............        0      None.
7. Aromatic 100....................  ............        0.02   1% xylene, 1% cumene.
8. Aromatic 150....................  ............        0.09   Naphthalene.
9. Aromatic naphtha................    64742-95-6        0.02   1% xylene, 1% cumene.
10. Aromatic solvent...............    64742-94-5        0.1    Naphthalene.
11. Exempt mineral spirits.........     8032-32-4        0      None.
12. Ligroines (VM & P).............     8032-32-4        0      None.
13. Lactol spirits.................    64742-89-6        0.15   Toluene.
14. Low aromatic white spirit......    64742-82-1        0      None.
15. Mineral spirits................    64742-88-7        0.01   Xylenes.
16. Hydrotreated naphtha...........    64742-48-9        0      None.
17. Hydrotreated light distillate..    64742-47-8        0.001  Toluene.
18. Stoddard solvent...............     8052-41-3        0.01   Xylenes.
19. Super high-flash naphtha.......    64742-95-6        0.05   Xylenes.
20. Varsol [supreg] solvent........     8052-49-3        0.01   0.5% xylenes, 0.5% ethylbenzene.
21. VM & P naphtha.................    64742-89-8        0.06   3% toluene, 3% xylene.
22. Petroleum distillate mixture...    68477-31-6        0.08   4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 4 to Subpart PPPP of Part 63--Default Organic HAP Mass 
                Fraction for Petroleum Solvent Groups \a\

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data.

----------------------------------------------------------------------------------------------------------------
                                                  Average
                                                organic HAP
                 Solvent type                       mass             Typical organic HAP, percent by mass
                                                  fraction
----------------------------------------------------------------------------------------------------------------
Aliphatic \b\.................................         0.03  1% Xylene, 1% Toluene, and 1% Ethylbenzene.
Aromatic \c\..................................         0.06  4% Xylene, 1% Toluene, and 1% Ethylbenzene.
----------------------------------------------------------------------------------------------------------------
\a\ Use this table only if the solvent blend does not match any of the solvent blends in Table 3 to this subpart
  by either solvent blend name or CAS number and you only know whether the blend is aliphatic or aromatic.
\b\ Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic
  Naphtha, Naphthol Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha, Solvent
  Blend.
\c\ Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic
  Hydrocarbons, Aromatic Hydrocarbons, Light Aromatic Solvent.



   Sec. Table 5 to Subpart PPPP of Part 63--List of HAP 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

[[Page 968]]

 
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
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 41160, July 8, 2020]

[[Page 969]]



  Sec. Appendix A to Subpart PPPP of Part 63--Determination of Weight 
 Volatile Matter Content and Weight Solids Content of Reactive Adhesives

                     1.0 Applicability and Principle

    1.1 Applicability: This method applies to the determination of 
weight volatile matter content and weight solids content for most one-
part or multiple-part reactive adhesives. Reactive adhesives are 
composed, in large part, of monomers that react during the adhesive 
curing reaction, and, as a result, do not volatilize. The monomers 
become integral parts of the cured adhesive through chemical reaction. 
At least 70 weight percent of the system, excluding water and non-
volatile solids such as fillers, react during the process. This method 
is not appropriate for cyanoacrylates. For cyanoacrylates, South Coast 
Air Quality Management District Test Method 316B should be used. This 
method is not appropriate for one-part moisture cure urethane adhesives 
or for silicone adhesives. For one-part moisture cure urethane adhesives 
and for silicone adhesives, EPA Method 24 should be used.
    1.2 Principle: One-part and multiple-part reactive adhesives undergo 
a reactive conversion from liquid to solid during the application and 
assembly process. Reactive adhesives are applied to a single surface, 
but then are usually quickly covered with another mating surface to 
achieve a bonded assembly. The monomers employed in such systems 
typically react and are converted to non-volatile solids. If left 
uncovered, as in a EPA Method 24 (or ASTM D2369-10 (Reapproved 2015)\e\) 
test, the reaction is inhibited by the presence of oxygen and volatile 
loss of the reactive components competes more heavily with the cure 
reaction. If this were to happen under normal use conditions, the 
adhesives would not provide adequate performance. This method minimizes 
this undesirable deterioration of the adhesive performance.

                       2.0 Materials and Apparatus

    2.1 Aluminum foil, aluminum sheet, non-leaching plastic film or non-
leaching plastic sheet, approximately 3 inches by 3 inches. Precondition 
the foil, film, or sheet for 30 minutes in an oven at 110 5 degrees Celsius and store in a desiccator prior to 
use. Use tongs or rubber gloves or both to handle the foil, film, or 
sheet.
    2.2 Flat, rigid support panels slightly larger than the foil, film, 
or sheet. Polypropylene with a minimum thickness of \1/8\ inch is 
recommended for the support panels. Precondition the support panels for 
30 minutes in an oven at 110 5 degrees Celsius and 
store in a desiccator prior to use. Use tongs or rubber gloves or both 
to handle the support panels.
    2.3 Aluminum spacers, \1/8\ inch thick. Precondition the spacers for 
30 minutes in an oven at 110 5 degrees Celsius and 
store in a desiccator prior to use. Use tongs or rubber gloves or both 
to handle the spacers.
    2.4 Forced draft oven, type IIA or IIB as specified in ASTM E145-94 
(Reapproved 2001), ``Standard Specification for Gravity-Convection and 
Forced-Ventilation Ovens'' (incorporated by reference, see Sec. 63.14).
    2.5 Electronic balance capable of weighing to 0.0001 grams (0.1 mg).
    2.6 Flat bottom weight (approximately 3 lbs) or clamps.

                      Material and Apparatus Notes

    1--The foil, film, or sheet should be thick or rigid enough so that 
it can be easily handled in the test procedure.

                              3.0 Procedure

    3.1 Two procedures are provided. In Procedure A the initial specimen 
weight is determined by weighing the foil, film, or sheet before and 
after the specimen is dispensed onto the foil, film, or sheet. In 
Procedure B the initial specimen weight is determined by weighing the 
adhesive cartridge (kit) before and after the specimen is dispensed.
    3.2 At least four test specimens should be run for each test 
material. Run the test at room temperature, 74 degrees Fahrenheit (23 
degrees Celsius).

                               Procedure A

    1. Zero electronic balance.
    2. Place 2 pieces of aluminum foil (or aluminum sheet, plastic film, 
or plastic sheet) on scale.
    3. Record weight of aluminum foils. (A).
    4. Tare balance.
    5. Remove top piece of aluminum foil.
    6. Dispense a 10 to 15 gram specimen of premixed adhesive onto 
bottom piece of aluminum foil. Place second piece of aluminum foil on 
top of the adhesive specimen to make a sandwich.
    7. Record weight of sandwich (specimen and aluminum foils). (B).
    8. Remove sandwich from scale, place sandwich between two support 
panels with aluminum spacers at the edges of the support panels to make 
a supported sandwich. The spacers provide a standard gap. Take care to 
mate the edges.
    9. Place the supported sandwich on a flat surface.
    10. Place the weight on top of the supported sandwich to spread the 
adhesive specimen to a uniform thickness within the sandwich. Check that 
no adhesive squeezes out from between the pieces of aluminum foil or 
through tears in the aluminum foil.
    11. Allow to cure 24 hours.

[[Page 970]]

    12. Remove the sandwich from between the support panels. Record the 
weight of the sandwich. This is referred to as the 24 hr weight. (C).
    13. Bake sandwich at 110 degrees Celsius for 1 hour.
    14. Remove sandwich from the oven, place immediately in a 
desiccator, and cool to room temperature. Record post bake sandwich 
weight. (D).

                               Procedure B

    1. Zero electronic balance.
    2. Place two pieces of aluminum foil (or aluminum sheet, plastic 
film, or plastic sheet) on scale.
    3. Record weight of aluminum foils. (A).
    4. Tare balance.
    5. Place one support panel on flat surface. Place first piece of 
aluminum foil on top of this support panel.
    6. Record the weight of a pre-mixed sample of adhesive in its 
container. If dispensing the adhesive from a cartridge (kit), record the 
weight of the cartridge (kit) plus any dispensing tips. (F).
    7. Dispense a 10 to 15 gram specimen of mixed adhesive onto the 
first piece of aluminum foil. Place second piece of aluminum foil on top 
of the adhesive specimen to make a sandwich.
    8. Record weight of the adhesive container. If dispensing the 
adhesive from a cartridge (kit), record the weight of the cartridge 
(kit) plus any dispensing tips. (G).
    9. Place the aluminum spacers at the edges of the bottom support 
panel polypropylene sheet. The spacers provide a standard gap.
    10. Place the second support panel on top of the assembly to make a 
supported sandwich. Take care to mate the edges.
    11. Place the supported sandwich on a flat surface.
    12. Place the weight on top of the supported sandwich to spread the 
adhesive specimen to a uniform thickness within the sandwich. Check that 
no adhesive squeezes out from between the pieces of aluminum foil or 
through tears in the aluminum foil.
    13. Allow to cure 24 hours.
    14. Remove the sandwich from between the support panels. Record the 
weight of the sandwich. This is referred to as the 24 hr weight. (C).
    15. Bake sandwich at 110 degrees Celsius for 1 hour.
    16. Remove sandwich from the oven, place immediately in a 
desiccator, and cool to room temperature.
    17. Record post-bake sandwich weight. (D).

                            Procedural Notes

    1--The support panels may be omitted if the aluminum foil (or 
aluminum sheet, plastic film, or plastic sheet) will not tear and the 
adhesive specimen will spread to a uniform thickness within the sandwich 
when the flat weight is placed directly on top of the sandwich.
    2--Clamps may be used instead of a flat bottom weight to spread the 
adhesive specimen to a uniform thickness within the sandwich.
    3--When dispensing from a static mixer, purging is necessary to 
ensure uniform, homogeneous specimens. The weighing in Procedure B, Step 
6 must be performed after any purging.
    4--Follow the adhesive manufacturer's directions for mixing and for 
dispensing from a cartridge (kit).

                            4.0 Calculations

    4.1 The total weight loss from curing and baking of each specimen is 
used to determine the weight percent volatile matter content of that 
specimen

                               Procedure A

Weight of original specimen (S) = (B)-(A)
Weight of post-bake specimen (P) = (D)-(A)
Total Weight Loss (L) = (S)-(P)

                               Procedure B

Weight of original specimen (S) = (F)-(G)
Weight of post-bake specimen (P) = (D)-(A)
Total Weight Loss (L) = (S)-(P)

                       Procedure A and Procedure B

                 Weight Percent Volatile Matter Content

(V) = [(Total weight loss)/(Initial specimen weight)] x 100 = [(L)/(S)] 
          x 100

    4.2 The weight volatile matter content of a material is the average 
of the weight volatile matter content of each specimen of that material. 
For example, if four specimens of a material were tested, then the 
weight percent volatile matter content for that material is:

V = [V1 + V2 + V3 + V4]/4

Where:

Vi = the weight percent volatile matter content of specimen i of the 
          material.

    4.3 The weight percent solids content of the material is calculated 
from the weight percent volatile content of the material.

Weight Percent Solids Content (N) = 100-(V)

                            Calculation Notes

    1--The weight loss during curing and the weight loss during baking 
may be calculated separately. These values may be useful for identifying 
sources of variation in the results obtained for different specimens of 
the same material.
    2--For both Procedure A and Procedure B, the weight loss during 
curing is

[[Page 971]]

(S)-[(C)-(A)] and the weight loss during baking is (C)-(D).

[69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41161, July 8, 2020]



 Subpart QQQQ_National Emission Standards for Hazardous Air Pollutants: 
                Surface Coating of Wood Building Products

    Source: 68 FR 31760, May 28, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.4680  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for wood building products surface coating 
sources. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with the emission limitations.



Sec. 63.4681  Am I subject to this subpart?

    (a) Except as provided in paragraphs (c) and (d) of this section, 
the source category to which this subpart applies is surface coating of 
wood building products, which means the application of coatings using, 
for example, roll coaters or curtain coaters in the finishing or 
laminating of any wood building product that contains more than 50 
percent by weight wood or wood fiber excluding the weight of any glass 
components, and is used in the construction, either interior or 
exterior, of a residential, commercial, or institutional building. The 
wood building products source category includes the subcategories listed 
in paragraphs (a)(1) through (5) of this section.
    (1) Doors, windows, and miscellaneous. The doors, windows, and 
miscellaneous subcategory includes doors, windows, finished doorskins, 
and door and window components such as millwork, moulding, or trim, and 
other miscellaneous wood building products including, but not limited 
to, all moulding and trim, shingles, and shutters.
    (2) Flooring. The flooring subcategory includes solid wood flooring, 
engineered wood flooring, and wood laminate flooring.
    (3) Interior wall paneling and tileboard. The interior wall paneling 
and tileboard subcategory includes interior wall paneling products. 
Tileboard is a premium interior wall paneling product.
    (4) Other interior panels. The other interior panel subcategory 
includes panels that are sold for uses other than interior wall 
paneling, such as coated particleboard, hardboard, and perforated 
panels.
    (5) Exterior siding and primed doorskins. The exterior siding and 
primed doorskins subcategory includes lap or panel siding, trimboard, 
and primed doorskins. Doorskins that are coated with more than primer 
are included in the doors, windows, and miscellaneous subcategory.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec. 63.4682, 
that uses 4,170 liters (1,100 gallons) per year, or more, of coatings in 
the source category defined in paragraph (a) of this section and that is 
a major source, is located at a major source, or is part of a major 
source of emissions of hazardous air pollutants (HAP). 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 any single HAP at a rate of 9.07 megagrams 
(Mg) (10 tons) or more per year or any combination of HAP at a rate of 
22.68 Mg (25 tons) or more per year.
    (c) This subpart does not apply to surface coating and other 
operations that meet the criteria of paragraphs (c)(1) through (5) of 
this section.
    (1) Surface coating in the processes identified in paragraphs 
(c)(1)(i) through (xi) of this section that are part of plywood and 
composite wood product manufacturing and subject to subpart DDDD of this 
part including:
    (i) Edge seals applied to a reconstituted wood product or plywood.
    (ii) Anti-skid coatings applied to reconstituted wood products.
    (iii) Primers applied to waferboard or oriented strand board (OSB) 
siding at the site of manufacture of the waferboard or OSB siding.

[[Page 972]]

    (iv) Surface coating that occurs during the manufacture of 
fiberboard, including application of clay slurry, titanium dioxide, or 
asphalt coatings to fiberboard.
    (v) Painting of company logo information on plywood or reconstituted 
wood products.
    (vi) Application of trademarks and grade stamp to reconstituted wood 
products or plywood.
    (vii) Application of nail lines to reconstituted wood products.
    (viii) Synthetic patches, wood patches, and wood putty applied to 
plywood.
    (ix) Application of concrete forming and other drying or tempering 
oils to wood building products.
    (x) Veneer composing.
    (xi) Application of shelving edge fillers to reconstituted wood 
products.
    (2) Surface coating of wood furniture subject to subpart JJ of this 
part, including finishing, gluing, cleaning, and washoff operations 
associated with the production of wood furniture or wood furniture 
components. The surface coating of millwork and trim associated with 
cabinet manufacturing is also subject to subpart JJ of this part and not 
to this subpart.
    (3) Surface coating that occurs during the manufacture of 
prefabricated homes and mobile/modular homes.
    (4) Surface coating that occurs at research or laboratory 
facilities; janitorial, building, and facility construction or 
maintenance operations; or hobby shops that are operated for personal 
rather than for commercial purposes. The source category also does not 
include non-commercial coating operations or coating applications using 
handheld nonrefillable aerosol containers.
    (5) Wood treatment or fire retardant operations located at wood 
building products sources that involve impregnating the wood product 
with the wood treatment chemicals or fire retardant by using a retort or 
other pressure vessel.
    (d) If you have an affected source with surface coating operations 
subject to the requirements of another subpart of this part that account 
for at least 95 percent of the total (annual) coating usage for the 
affected source, you may demonstrate compliance with the requirements, 
including all applicable emission limit(s), for that subpart for the 
entire affected source.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7698, Mar. 4, 2019]



Sec. 63.4682  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source.
    (b) The affected source is the collection of all of the items listed 
in paragraphs (b)(1) through (4) of this section that are used for 
surface coating of wood building products:
    (1) All coating operations as defined in Sec. 63.4781;
    (2) All storage containers and mixing vessels in which coatings, 
thinners, and cleaning materials are stored or mixed;
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners, and cleaning materials; and
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a coating 
operation.
    (c) An affected source is a new affected source if its construction 
commenced after June 21, 2002, and the construction is of a completely 
new wood building products surface coating source where previously no 
wood building products surface coating source had existed.
    (d) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.



Sec. 63.4683  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source is 
specified in paragraphs (a) through (c) of this section. The compliance 
date begins the initial compliance period during which you conduct the 
initial compliance demonstration described in Sec. Sec. 63.4740, 
63.4750, and 63.4760.
    (a) For a new or reconstructed affected source, the compliance date 
is

[[Page 973]]

the applicable date in paragraph (a)(1) or (2) of this section:
    (1) If the initial startup of your new or reconstructed affected 
source is before May 28, 2003, the compliance date is May 28, 2003; 
except that the compliance date for the revised requirements promulgated 
at Sec. Sec. 63.4700, 63.4710, 63.4720, 63.4730, 63.4741, 63.4751, 
63.4752, 63.4761, 63.4763, 63.4764, 63.4766, 63.4781, table 4 of this 
subpart QQQQ, and appendix A to 40 CFR part 63 is September 3, 2019.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after May 28, 2003, the compliance date is March 4, 2019 
or the date of initial startup of your affected source, whichever is 
later; except that if you commenced construction or reconstruction of 
your new or reconstructed affected source after May 28, 2003, but on or 
before May 16, 2018, the compliance date for the revised requirements 
promulgated at Sec. Sec. 63.4700, 63.4710, 63.4720, 63.4730, 63.4741, 
63.4751, 63.4752, 63.4761, 63.4763, 63.4764, 63.4766, 63.4781, table 4 
of this subpart QQQQ, and appendix A to 40 CFR part 63 is September 3, 
2019.
    (b) For an existing affected source, the compliance date is the date 
3 years after May 28, 2003, except that the compliance date for the 
revised requirements promulgated at Sec. Sec. 63.4700, 63.4710, 
63.4720, 63.4730, 63.4741, 63.4751, 63.4752, 63.4761, 63.4763, 63.4764, 
63.4766, 63.4781, table 4 of this subpart QQQQ of part 63, and appendix 
A to 40 CFR part 63 is September 3, 2019.
    (c) For an area source that increases its emissions or its potential 
to emit such that it becomes a major source of HAP emissions, the 
compliance date is specified in paragraphs (c)(1) and (2) of this 
section.
    (1) For any portion of the source that becomes a new or 
reconstructed affected source subject to this subpart, the compliance 
date is the date of initial startup of the affected source or May 28, 
2003, whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or 3 years after May 28, 
2003, whichever is later.
    (d) You must meet the notification requirements in Sec. 63.4710 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7698, Mar. 4, 2019]

                          Emission Limitations



Sec. 63.4690  What emission limits must I meet?

    (a) For a new or reconstructed affected source, you must limit 
organic HAP emissions to the atmosphere to no more than the applicable 
emission limit(s) in Table 1 to this subpart, determined according to 
the requirements in Sec. 63.4741, Sec. 63.4751, or Sec. 63.4761.
    (b) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere to no more than the applicable emission 
limit(s) in Table 2 to this subpart, determined according to the 
requirements in Sec. 63.4741, Sec. 63.4751, or Sec. 63.4761.
    (c) If the affected source applies coatings to products that are in 
different subcategories as described in Sec. 63.4681(a), then you must 
demonstrate initial and continuous compliance by selecting one of the 
approaches described in paragraphs (c)(1) and (2) of this section.
    (1) Conduct separate compliance demonstrations for each applicable 
subcategory emission limit and reflect these separate determinations in 
notifications, reports, and records required by Sec. Sec. 63.4710, 
63.4720, and 63.4730, respectively.
    (2) Demonstrate compliance with the most stringent of the applicable 
subcategory emission limits.



Sec. 63.4691  What are my options for meeting the emission limits?

    You must include all coatings, thinners, and cleaning materials used 
in the affected source when determining whether the organic HAP emission 
rate is equal to or less than the applicable emission limit in Sec. 
63.4690. To make this determination, you must use at least one of the 
three compliance options listed in paragraphs (a) through (c) of this 
section. You may apply any

[[Page 974]]

of the compliance options to an individual coating operation or to 
multiple coating operations as a group or to the entire affected source. 
You may use different compliance options for different coating 
operations or at different times on the same coating operation. However, 
you may not use different compliance options at the same time on the 
same coating operation. If you switch between compliance options for any 
coating operation or group of coating operations, you must document this 
switch as required by Sec. 63.4730(c), and you must report it in the 
next semiannual compliance report required in Sec. 63.4720.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation(s) is less than or 
equal to the applicable emission limit(s) in Sec. 63.4690, and that 
each thinner and each cleaning material used contains no organic HAP. 
You must meet all the requirements of Sec. Sec. 63.4740, 63.4741, and 
63.4742 to demonstrate compliance with the emission limit using this 
option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings, thinners, and cleaning materials used in the 
coating operation(s), the organic HAP emission rate for the coating 
operation(s) is less than or equal to the applicable emission limit(s) 
in Sec. 63.4690, calculated as a rolling 12-month emission rate and 
determined on a monthly basis. You must meet all the requirements of 
Sec. Sec. 63.4750, 63.4751, and 63.4752 to demonstrate compliance with 
the emission limit using this option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on the coatings, thinners, and cleaning materials used in the 
coating operation(s) and the emission reductions achieved by emission 
capture systems and add-on controls, the organic HAP emission rate for 
the coating operation(s) is less than or equal to the applicable 
emission limit(s) in Sec. 63.4690, calculated as a rolling 12-month 
emission rate and determined on a monthly basis. If you use this 
compliance option, you must also demonstrate that all emission capture 
systems and add-on control devices for the coating operation(s) meet the 
operating limits required in Sec. 63.4692, except for solvent recovery 
systems for which you conduct liquid-liquid material balances according 
to Sec. 63.4761(j), and that you meet the work practice standards 
required in Sec. 63.4693. You must meet all the requirements of 
Sec. Sec. 63.4760 through 63.4768 to demonstrate compliance with the 
emission limits, operating limits, and work practice standards using 
this option.



Sec. 63.4692  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, you 
are not required to meet any operating limits.
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option, except those for which you 
use a solvent recovery system and conduct a liquid-liquid material 
balance according to Sec. 63.4761(j), you must meet the operating 
limits specified in Table 3 to this subpart. These operating limits 
apply to the emission capture and control systems on the coating 
operation(s) for which you use this option, and you must establish the 
operating limits during the performance test according to the 
requirements in Sec. 63.4767. You must meet the operating limits at all 
times after you establish them.
    (c) If you use an add-on control device other than those listed in 
Table 3 to this subpart, or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).



Sec. 63.4693  What work practice standards must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, you 
are not required to meet any work practice standards.
    (b) If you use the emission rate with add-on controls option, you 
must develop and implement a work practice plan to minimize organic HAP 
emissions from the storage, mixing, and conveying of coatings, thinners, 
and cleaning materials used in, and waste

[[Page 975]]

materials generated by, the coating operation(s); or you must meet an 
alternative standard as provided in paragraph (d) of this section. The 
plan must specify practices and procedures to ensure that, at a minimum, 
the elements specified in paragraphs (b)(1) through (5) of this section 
are implemented. You must make the plan available upon request for 
inspection by the Administrator.
    (1) All organic-HAP coatings, thinners, cleaning materials, and 
waste materials must be stored in closed containers.
    (2) Spills of organic-HAP coatings, thinners, cleaning materials, 
and waste materials must be minimized.
    (3) Organic-HAP coatings, thinners, cleaning materials, and waste 
materials must be conveyed from one location to another in closed 
containers or pipes.
    (4) Mixing vessels that contain organic-HAP coatings and other 
materials must be closed except when adding to, removing, or mixing the 
contents.
    (5) Emissions of organic-HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) If your affected source has an existing documented plan that 
incorporates steps taken to minimize emissions from the sources 
specified in paragraphs (b)(1) through (5) of this section, then your 
existing plan can be used to meet the requirement for a work practice 
plan as specified in paragraph (b) of this section.
    (d) As provided in Sec. 63.6(g), we, the U.S. Environmental 
Protection Agency (U.S. EPA), may choose to grant you permission to use 
an alternative to the work practice standards in this section.

                     General Compliance Requirements



Sec. 63.4700  What are my general requirements for complying with this subpart?

    (a) You must be in compliance with the emission limitations in this 
subpart as specified in paragraphs (a)(1) and (2) of this section.
    (1) Any coating operation(s) for which you use the compliant 
material option or the emission rate without add-on controls option, as 
specified in Sec. 63.4691(a) and (b), must be in compliance with the 
applicable emission limit in Sec. 63.4690 at all times.
    (2) Any coating operation(s) at existing sources for which you use 
the emission rate with add-on controls option, as specified in Sec. 
63.4691(c), must be in compliance with the applicable emission 
limitations as specified in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) Before September 3, 2019, the coating operation(s) must be in 
compliance with the applicable emission limit in Sec. 63.4690 at all 
times, except during periods of startup, shutdown, and malfunction 
(SSM). On and after September 3, 2019, the coating operation(s) must be 
in compliance with the applicable emission limit in Sec. 63.4690 at all 
times.
    (ii) Before September 3, 2019, the coating operation(s) must be in 
compliance with the applicable operating limits for emission capture 
systems and add-on control devices required by Sec. 63.4692 at all 
times, except during periods of SSM, and except for solvent recovery 
systems for which you conduct liquid-liquid material balances according 
to Sec. 63.4761(j). On and after September 3, 2019, the coating 
operation(s) must be in compliance with the operating limits for 
emission capture systems and add-on control devices required by Sec. 
63.4692 at all times, except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to Sec. 63.4761(j).
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec. 63.4693 at all times.
    (3) For new or reconstructed sources with initial startup after May 
16, 2018, any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec. 63.4691(c), must be 
in compliance with the applicable emission limitations and work practice 
standards as specified in paragraphs (a)(3)(i) through (iii) of this 
section.
    (i) The coating operation(s) must be in compliance with the 
applicable emission limit in Sec. 63.4690 at all times.
    (ii) The coating operation(s) must be in compliance with the 
operating limits for emission capture systems and add-on control devices 
required by

[[Page 976]]

Sec. 63.4692 at all times, except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.4761(j).
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec. 63.4693 at all times.
    (b) For existing sources as of March 4, 2019, before September 3, 
2019, you must always operate and maintain your affected source, 
including all air pollution control and monitoring equipment you use for 
purposes of complying with this subpart, according to the provisions in 
Sec. 63.6(e)(1)(i). On and after September 3, 2019 for such existing 
sources and after March 4, 2019 for new or reconstructed sources, you 
must always operate and maintain your 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 affected source uses an emission capture system and add-
on control device, you must maintain a log detailing the operation and 
maintenance of the emission capture system, add-on control device, and 
continuous parameter monitors during the period between the compliance 
date specified for your affected source in Sec. 63.4683 and the date 
when the initial emission capture system and add-on control device 
performance tests have been completed, as specified in Sec. 63.4760. 
This requirement does not apply to a solvent recovery system for which 
you conduct liquid-liquid material balances according to Sec. 
63.4761(j) in lieu of conducting performance tests.
    (d) For existing sources, before September 3, 2019, if your affected 
source uses an emission capture system and add-on control device, you 
must develop a written startup, shutdown, and malfunction plan (SSMP) 
according to the provisions in Sec. 63.6(e)(3). The SSMP must address 
startup, shutdown, and corrective actions in the event of a malfunction 
of the emission capture system or the add-on control device. The SSMP 
must also address any coating operation equipment that may cause 
increased emissions or that would affect capture efficiency if the 
process equipment malfunctions, such as conveyors that move parts among 
enclosures.

[68 FR 31760, May 28, 2003, as amended at 71 FR 20465, Apr. 20, 2006; 84 
FR 7699, Mar. 4, 2019]



Sec. 63.4701  What parts of the General Provisions apply to me?

    Table 4 to this subpart indicates which parts of the General 
Provisions in Sec. Sec. 63.1 through 63.15 apply to you.

                   Notifications, Reports, and Records



Sec. 63.4710  What notifications must I submit?

    (a) General. You must submit the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you 
by the dates specified in those sections, except as provided in 
paragraphs (b) and (c) of this section.
    (b) Initial Notification. You must submit the Initial Notification 
required by Sec. 63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, 120 days after May 28, 2003, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later. For an existing affected source, you must 
submit the Initial Notification no later than 120 days after May 28, 
2003, or no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
    (c) Notification of Compliance Status. You must submit the 
Notification of Compliance Status required by Sec. 63.9(h) no later 
than 30 calendar days following the end of the initial compliance period 
described in Sec. 63.4740, Sec. 63.4750, or Sec. 63.4760 that applies 
to your affected source. The Notification of Compliance Status must 
contain the

[[Page 977]]

information specified in paragraphs (c)(1) through (9) of this section 
and in Sec. 63.9(h).
    (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 the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec. 63.4740, Sec. 63.4750, or Sec. 63.4760 that applies 
to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec. 63.4691 that you used on each coating operation in the affected 
source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in Sec. 
63.4690, include all the calculations you used to determine the grams 
organic HAP emitted per liter of coating solids used (pounds (lb) 
organic HAP emitted per gallon of coating solids used). You do not need 
to submit information provided by the materials suppliers or 
manufacturers, or test reports.
    (7) For each of the data items listed in paragraphs (c)(7)(i) 
through (iv) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data can include a copy of 
the information provided by the supplier or manufacturer of the example 
coating or material or a summary of the results of testing conducted 
according to Sec. 63.4741(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating, for one thinner, 
and for one cleaning material.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner, and one cleaning 
material, except that if you use the compliant material option, only the 
example coating density is required.
    (iv) The amount of waste materials and the mass of organic HAP 
contained in the waste materials for which you are claiming an allowance 
in Equation 1 of Sec. 63.4751.
    (8) The calculation of grams organic HAP emitted per liter coating 
solids used (lb organic HAP emitted per gallon coating solids used) for 
the compliance option(s) you used, as specified in paragraphs (c)(8)(i) 
through (iii) of this section.
    (i) For the compliant material option, provide an example 
calculation of the organic HAP content for one coating, using Equation 2 
of Sec. 63.4741.
    (ii) For the emission rate without add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for each 
month; the calculation of the total volume of coating solids used each 
month; and the calculation of the 12-month organic HAP emission rate, 
using Equations 1 and 1A (or 1A-alt) through 1C, 2, and 3, respectively, 
of Sec. 63.4751.
    (iii) For the emission rate with add-on controls option, provide the 
calculation of the total mass of organic HAP emissions for the coatings, 
thinners, and cleaning materials used each month, using Equations 1 and 
1A through 1C of Sec. 63.4751; the calculation of the total volume of 
coating solids used each month, using Equation 2 of Sec. 63.4751; the 
calculation of the mass of organic HAP emission reduction each month by 
emission capture systems and add-on control devices, using Equations 1, 
1A through 1D, 2, 3, and 3A through 3C of Sec. 63.4761, as applicable; 
the calculation of the total mass of organic HAP emissions each month, 
using Equation 4 of Sec. 63.4761; and the calculation of the 12-month 
organic HAP emission rate, using Equation 5 of Sec. 63.4761.
    (9) For the emission rate with add-on controls option, you must 
include the information specified in paragraphs (c)(9)(i) through (iv) 
of this section, except that the requirements in paragraphs (c)(9)(i) 
through (iii) of this section do not apply to solvent recovery

[[Page 978]]

systems for which you conduct liquid-liquid material balances according 
to Sec. 63.4761(j).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure (PTE) or a 
measurement of the emission capture system efficiency. Include a 
description of the protocol followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you use 
the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show you 
meet the DQO or LCL criteria in appendix A to subpart KK of this part. 
You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system and add-on control 
device operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented the 
work practice plan required by Sec. 63.4693.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7699, Mar. 4, 2019; 85 
FR 73907, Nov. 19, 2020]



Sec. 63.4720  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (7) of this section. The 
semiannual compliance reporting requirements may be satisfied by reports 
required under other parts of the Clean Air Act (CAA), as specified in 
paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved a different 
schedule for submission of reports under Sec. 63.10(a), you must 
prepare and submit each semiannual compliance report according to the 
dates specified in paragraphs (a)(1)(i) through (iv) of this section. 
Note that the information reported for each of the months in the 
reporting period will be based on the last 12 months of data prior to 
the date of each monthly calculation.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec. 63.4740, Sec. 63.4750, or 
Sec. 63.4760 that applies to your affected source and ends on June 30 
or December 31, whichever occurs first following the end of the initial 
compliance period.
    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 or 
the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual 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.
    (iv) 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 date specified in paragraph (a)(1)(iii) of 
this section.
    (2) Inclusion with title V report. 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 semiannual 
compliance report pursuant to this section 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 semiannual compliance report 
includes all required information concerning deviations from any 
emission limitation in this subpart, its submission shall be deemed to 
satisfy any obligation to report the same deviations in the semiannual

[[Page 979]]

monitoring report. However, submission of a semiannual compliance report 
shall not otherwise affect any obligation the affected source may have 
to report deviations from permit requirements to the permitting 
authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (v) of 
this section, and the information specified in paragraphs (a)(4) through 
(7) and (c)(1) of this section that is applicable to your affected 
source.
    (i) Company name and address.
    (ii) 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.
    (iii) Date of report and beginning and ending dates of the reporting 
period. The reporting period is the 6-month period ending on June 30 or 
December 31. Note that the information reported for each of the 6 months 
in the reporting period will be based on the last 12 months of data 
prior to the date of each monthly calculation.
    (iv) Identification of the compliance option or options specified in 
Sec. 63.4691 that you used on each coating operation during the 
reporting period. If you switched between compliance options during the 
reporting period, you must report the beginning and ending dates you 
used each option.
    (v) If you used the emission rate without add-on controls or the 
emission rate with add-on controls compliance option (Sec. 63.4691(b) 
or (c)), the calculation results for each rolling 12-month organic HAP 
emission rate during the 6-month reporting period.
    (4) No deviations. If there were no deviations from the emission 
limitations in Sec. Sec. 63.4690, 63.4692, and 63.4693 that apply to 
you, the semiannual compliance report must include a statement that 
there were no deviations from the emission limitations during the 
reporting period. If you used the emission rate with add-on controls 
option and there were no periods during which the continuous parameter 
monitoring systems (CPMS) were out-of-control as specified in Sec. 
63.8(c)(7), the semiannual compliance report must include a statement 
that there were no periods during which the CPMS were out-of-control 
during the reporting period.
    (5) Deviations: compliant material option. If you used the compliant 
material option, and there was a deviation from the applicable emission 
limit in Sec. 63.4690, the semiannual compliance report must contain 
the information in paragraphs (a)(5)(i) through (iv) of this section.
    (i) Identification of each coating used that deviated from the 
emission limit, each thinner and cleaning material used that contained 
organic HAP, and the dates and time periods each was used.
    (ii) The calculation of the organic HAP content (using Equation 2 of 
Sec. 63.4741) for each coating identified in paragraph (a)(5)(i) of 
this section. You do not need to submit background data supporting this 
calculation (e.g., information provided by coating suppliers or 
manufacturers, or test reports).
    (iii) The determination of mass fraction of organic HAP for each 
coating, thinner, and cleaning material identified in paragraph 
(a)(5)(i) of this section. You do not need to submit background data 
supporting this calculation (e.g., information provided by material 
suppliers or manufacturers, or test reports).
    (iv) A statement of the cause of each deviation.
    (6) Deviations: emission rate without add-on controls option. If you 
used the emission rate without add-on controls option and there was a 
deviation from the applicable emission limit in Sec. 63.4690, the 
semiannual compliance report must contain the information in paragraphs 
(a)(6)(i) through (iii) of this section.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec. 63.4690.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for the compliance period in which the deviation occurred. 
You must provide the calculations for Equations 1, 1A (or 1A-alt) 
through 1C, 2, and 3 in Sec. 63.4751; and if applicable, the 
calculation used to determine mass of organic HAP in waste materials 
according to Sec. 63.4751(e)(4). You do not

[[Page 980]]

need to submit background data supporting these calculations (e.g., 
information provided by materials suppliers or manufacturers, or test 
reports).
    (iii) A statement of the cause of each deviation.
    (7) Deviations: Emission rate with add-on controls option. You must 
be in compliance with the emission limitations in this subpart as 
specified in paragraphs (a)(7)(i) and (ii) of this section.
    (i) For existing sources, before September 3, 2019, if you used the 
emission rate with add-on controls option and there was a deviation from 
an emission limitation (including any periods when emissions bypassed 
the add-on control device and were diverted to the atmosphere), the 
semiannual compliance report must contain the information in paragraphs 
(a)(7)(i)(A) through (N) of this section. This includes periods of SSM 
during which deviations occurred.
    (A) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec. 63.4690.
    (B) The calculations used to determine the 12-month organic HAP 
emission rate for each compliance period in which a deviation occurred. 
You must provide the calculation of the total mass of organic HAP 
emissions for the coatings, thinners, and cleaning materials used each 
month, using Equations 1 and 1A through 1C of Sec. 63.4751; and, if 
applicable, the calculation used to determine mass of organic HAP in 
waste materials according to Sec. 63.4751(e)(4); the calculation of the 
total volume of coating solids used each month, using Equation 2 of 
Sec. 63.4751; the calculation of the mass of organic HAP emission 
reduction each month by emission capture systems and add-on control 
devices, using Equations 1 and 1A through 1D of Sec. 63.4761, and 
Equations 2, 3, and 3A through 3C of Sec. 63.4761, as applicable; the 
calculation of the total mass of organic HAP emissions each month, using 
Equation 4 of Sec. 63.4761; and the calculation of the 12-month organic 
HAP emission rate, using Equation 5 of Sec. 63.4761. You do not need to 
submit the background data supporting these calculations (e.g., 
information provided by materials suppliers or manufacturers, or test 
reports).
    (C) The date and time that each malfunction started and stopped.
    (D) A brief description of the CPMS.
    (E) The date of the latest CPMS certification or audit.
    (F) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (G) The date, time, and duration that each CPMS was out-of-control, 
including the information in Sec. 63.8(c)(8).
    (H) The date and time period of each deviation from an operating 
limit in Table 3 to this subpart, date and time period of any bypass of 
the add-on control device, and whether each deviation occurred during a 
period of SSM or during another period.
    (I) A summary of the total duration of each deviation from an 
operating limit in Table 3 to this subpart, each bypass of the add-on 
control device during the semiannual reporting period, and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (J) A breakdown of the total duration of the deviations from the 
operating limits in Table 3 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period by identifying 
deviations due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (K) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as a 
percent of the total source operating time during that semiannual 
reporting period.
    (L) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (M) For each deviation from the work practice standards, a 
description of the deviation, the date and time period of the deviation, 
and the actions you took to correct the deviation.
    (N) A statement of the cause of each deviation.
    (ii) After March 4, 2019 for new and reconstructed sources, and on 
and after September 3, 2019 for existing sources, if you used the 
emission rate with add-

[[Page 981]]

on controls option and there was a deviation from an emission limitation 
(including any periods when emissions bypassed the add-on control device 
and were diverted to the atmosphere), the semiannual compliance report 
must contain the information in paragraphs (a)(7)(ii)(A) through (M) of 
this section.
    (A) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec. 63.4690.
    (B) The calculations used to determine the 12-month organic HAP 
emission rate for each compliance period in which a deviation occurred. 
You must provide the calculation of the total mass of organic HAP 
emissions for the coatings, thinners, and cleaning materials used each 
month, using Equations 1 and 1A through 1C of Sec. 63.4751; and, if 
applicable, the calculation used to determine mass of organic HAP in 
waste materials according to Sec. 63.4751(e)(4); the calculation of the 
total volume of coating solids used each month, using Equation 2 of 
Sec. 63.4751; the calculation of the mass of organic HAP emission 
reduction each month by emission capture systems and add-on control 
devices, using Equations 1 and 1A through 1D of Sec. 63.4761, and 
Equations 2, 3, and 3A through 3C of Sec. 63.4761, as applicable; the 
calculation of the total mass of organic HAP emissions each month, using 
Equation 4 of Sec. 63.4761; and the calculation of the 12-month organic 
HAP emission rate, using Equation 5 of Sec. 63.4761. You do not need to 
submit the background data supporting these calculations (e.g., 
information provided by materials suppliers or manufacturers, or test 
reports).
    (C) A brief description of the CPMS.
    (D) The date of the latest CPMS certification or audit.
    (E) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (F) The date, time, and duration that each CPMS was out-of-control, 
including the information in Sec. 63.8(c)(8).
    (G) The date and time period of each deviation from an operating 
limit in Table 3 to this subpart, date and time period of any bypass of 
the add-on control device.
    (H) A summary of the total duration of each deviation from an 
operating limit in Table 3 to this subpart, each bypass of the add-on 
control device during the semiannual reporting period, and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (I) A breakdown of the total duration of the deviations from the 
operating limits in Table 3 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period by identifying 
deviations due to control equipment problems, process problems, other 
known causes, and other unknown causes; a list of the affected source 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) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as a 
percent of the total source operating time during that semiannual 
reporting period.
    (K) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (L) For each deviation from the standard, including work practice 
standards, a description of the deviation, the date and time period of 
the deviation, and the actions you took to correct the deviation.
    (M) A statement of the cause of each deviation.
    (b) Performance test reports. If you use the emission rate with add-
on controls option, you must submit reports of performance test results 
for emission capture systems and add-on control devices no later than 60 
days after completing the tests as specified in Sec. 63.10(d)(2).
    (c) SSM reports. For existing sources, before September 3, 2019, if 
you used the emission rate with add-on controls option and you had an 
SSM during the semiannual reporting period, you must submit the reports 
specified in paragraphs (c)(1) and (2) of this section.

[[Page 982]]

    (1) If your actions were consistent with your SSMP, you must include 
the information specified in Sec. 63.10(d) in the semiannual compliance 
report required by paragraph (a) of this section.
    (2) If your actions were not consistent with your SSMP, you must 
submit an immediate SSM report as described in paragraphs (c)(2)(i) and 
(ii) of this section.
    (i) You must describe the actions taken during the event in a report 
delivered by facsimile, telephone, or other means to the Administrator 
within 2 working days after starting actions that are inconsistent with 
the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec. 
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec. 63.10(d)(5)(ii).
    (d) Electronic reporting. (1) 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 (d)(1)(i) through (iii) of this section.
    (i) 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 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.
    (ii) 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.
    (iii) Confidential business information (CBI). If you claim some of 
the information submitted under paragraph (a)(1) 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 
(d)(1)(i) of this section.
    (2) You must submit the Notification of Compliance Status required 
in Sec. 63.4710(c) and the semiannual compliance reports required in 
paragraph (a) of this section to the EPA via the CEDRI. (CEDRI can be 
accessed through the EPA's CDX (https://cdx.epa.gov/)). For semiannual 
compliance reports, you must use the appropriate electronic report in 
CEDRI for this subpart or an alternative electronic file format 
consistent with the XML schema listed on the CEDRI website (https://
www.epa.gov/electronic- reporting-air-emissions/compliance- and-
emissions-data-reporting- interface-cedri). If the reporting form 
specific to this subpart is not available in CEDRI at the time that the 
report is due, you must submit the report to the Administrator at all 
the appropriate addresses listed in Sec. 63.13. Once the reporting 
template has been available in CEDRI for 1 year, you must begin 
submitting all subsequent reports via CEDRI. For the Notification of 
Compliance Status, you must submit a file in portable document format 
(PDF) to CEDRI. The reports must be submitted by the deadlines specified 
in this subpart, regardless of the method in which the reports are 
submitted.
    (3) If you are required to electronically submit a report through 
CEDRI in EPA's CDX, you may assert a claim

[[Page 983]]

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 (d)(3)(i) through (vii) of this 
section.
    (i) 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.
    (ii) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (iii) The outage may be planned or unplanned.
    (iv) 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.
    (v) You must provide to the Administrator a written description 
identifying:
    (A) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (B) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (C) Measures taken or to be taken to minimize the delay in 
reporting; and
    (D) 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.
    (vi) 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.
    (vii) In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved.
    (4) 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 
(d)(4)(i) through (v) of this section.
    (i) 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).
    (ii) You must submit the 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.
    (iii) You must provide to the Administrator:
    (A) A written description of the force majeure event;
    (B) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (C) Measures taken or to be taken to minimize the delay in 
reporting; and
    (D) 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.
    (iv) 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.
    (v) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7699, Mar. 4, 2019]



Sec. 63.4730  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply

[[Page 984]]

with this subpart, and the documentation supporting each notification 
and report.
    (b) A current copy of information provided by materials suppliers or 
manufacturers, such as manufacturer's formulation data, or test data 
used to determine the mass fraction of organic HAP and density for each 
coating, thinner, and cleaning material and the volume fraction of 
coating solids for each coating. If you conducted testing to determine 
mass fraction of organic HAP, density, or volume fraction of coating 
solids, you must keep a copy of the complete test report. If you use 
information provided to you by the manufacturer or supplier of the 
material that was based on testing, you must keep the summary sheet of 
results provided to you by the manufacturer or supplier. You are not 
required to obtain the test report or other supporting documentation 
from the manufacturer or supplier.
    (c) For each compliance period, the records specified in paragraphs 
(c)(1) through (4) of this section.
    (1) A record of the coating operations at which you used each 
compliance option and the time periods (beginning and ending dates and 
times) you used each option.
    (2) For the compliant material option, a record of the calculation 
of the organic HAP content for each coating, using Equation 2 of Sec. 
63.4741.
    (3) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coatings, thinners, and cleaning materials used each month, using 
Equations 1, 1A (or 1A-alt) through 1C, and 2 of Sec. 63.4751; and, if 
applicable, the calculation used to determine mass of organic HAP in 
waste materials according to Sec. 63.4751(e)(4); the calculation of the 
total volume of coating solids used each month, using Equation 2 of 
Sec. 63.4751; and the calculation of each 12-month organic HAP emission 
rate, using Equation 3 of Sec. 63.4751.
    (4) For the emission rate with add-on controls option, records of 
the calculations specified in paragraphs (c)(4)(i) through (v) of this 
section.
    (i) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used each month, using 
Equations 1 and 1A through 1C of Sec. 63.4751; and, if applicable, the 
calculation used to determine mass of organic HAP in waste materials 
according to Sec. 63.4751(e)(4).
    (ii) The calculation of the total volume of coating solids used each 
month, using Equation 2 of Sec. 63.4751.
    (iii) The calculation of the mass of organic HAP emission reduction 
by emission capture systems and add-on control devices, using Equations 
1 and 1A through 1D of Sec. 63.4761, and Equations 2, 3, and 3A through 
3C of Sec. 63.4761, as applicable.
    (iv) The calculation of the total mass of organic HAP emissions each 
month, using Equation 4 of Sec. 63.4761.
    (v) The calculation of each 12-month organic HAP emission rate, 
using Equation 5 of Sec. 63.4761.
    (d) A record of the name and volume of each coating, thinner, and 
cleaning material used during each compliance period.
    (e) A record of the mass fraction of organic HAP for each coating, 
thinner, and cleaning material used during each compliance period.
    (f) A record of the volume fraction of coating solids for each 
coating used during each compliance period.
    (g) A record of the density for each coating used during each 
compliance period; and, if you use either the emission rate without add-
on controls or the emission rate with add-on controls compliance option, 
the density for each thinner and cleaning material used during each 
compliance period.
    (h) If you use an allowance in Equation 1 of Sec. 63.4751 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) according 
to Sec. 63.4751(e)(4), you must keep records of the information 
specified in paragraphs (h)(1) through (3) of this section.
    (1) The name and address of each TSDF to which you sent waste 
materials for which you use an allowance in Equation 1 of Sec. 63.4751; 
a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 
apply to the facility; and the date of each shipment.

[[Page 985]]

    (2) Identification of the coating operations producing waste 
materials included in each shipment and the month or months in which you 
used the allowance for these materials in Equation 1 of Sec. 63.4751.
    (3) The methodology used in accordance with Sec. 63.4751(e)(4) to 
determine the total amount of waste materials sent to or the amount 
collected, stored, and designated for transport to a TSDF each month; 
and the methodology to determine the mass of organic HAP contained in 
these waste materials. This must include the sources for all data used 
in the determination, methods used to generate the data, frequency of 
testing or monitoring, and supporting calculations and documentation, 
including the waste manifest for each shipment.
    (i) [Reserved]
    (j) You must keep records of the date, time, and duration of each 
deviation.
    (k) If you use the emission rate with add-on controls option, you 
must keep the records specified in paragraphs (k)(1) through (2) of this 
section.
    (1) For existing sources, before September 3, 2019:
    (i) For each deviation, a record of whether the deviation occurred 
during a period of SSM.
    (ii) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
SSM.
    (iii) The records required to show continuous compliance with each 
operating limit specified in Table 3 to this subpart that applies to 
you.
    (iv) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec. 63.4765(a).
    (v) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec. 63.4764 and 63.4765(b) through (e), 
including the records specified in paragraphs (k)(1)(v)(A) through (C) 
of this section that apply to you.
    (A) Records for a liquid-to-uncaptured-gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH) as measured by Method 204A or F of 
appendix M to 40 CFR part 51 for each material used in the coating 
operation, and the total TVH for all materials used during each capture 
efficiency test run, including a copy of the test report. Records of the 
mass of TVH emissions not captured by the capture system that exited the 
temporary total enclosure or building enclosure during each capture 
efficiency test run as measured by Method 204D or E of appendix M to 40 
CFR part 51, including a copy of the test report. Records documenting 
that the enclosure used for the capture efficiency test met the criteria 
in Method 204 of appendix M to 40 CFR part 51 for either a temporary 
total enclosure or a building enclosure.
    (B) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or C 
of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run as measured by Method 204D or E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (C) Records for an alternative protocol. Records needed to document 
a capture efficiency determination using an alternative method or 
protocol as specified in Sec. 63.4765(e), if applicable.
    (vi) The records specified in paragraphs (k)(1)(vi)(A) and (B) of 
this section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec. 63.4766.
    (A) Records of each add-on control device performance test conducted 
according to Sec. Sec. 63.4764 and 63.4766.
    (B) Records of the coating operation conditions during the add-on 
control device performance test showing that

[[Page 986]]

the performance test was conducted under representative operating 
conditions.
    (vii) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as specified 
in Sec. 63.4767 and to document compliance with the operating limits as 
specified in Table 3 to this subpart.
    (viii) A record of the work practice plan required by Sec. 63.4693, 
and documentation that you are implementing the plan on a continuous 
basis.
    (2) After March 4, 2019 for new and reconstructed sources, and on 
and after September 3, 2019 for existing sources:
    (i) The records required to show continuous compliance with each 
operating limit specified in Table 3 to this subpart that applies to 
you.
    (ii) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec. 63.4765(a).
    (iii) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec. 63.4764 and 63.4765(b) through (e), 
including the records specified in paragraphs (k)(2)(iii)(A) through (C) 
of this section that apply to you.
    (A) Records for a liquid-to-uncaptured-gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH) as measured by Method 204A or F of 
appendix M to 40 CFR part 51 for each material used in the coating 
operation, and the total TVH for all materials used during each capture 
efficiency test run, including a copy of the test report. Records of the 
mass of TVH emissions not captured by the capture system that exited the 
temporary total enclosure or building enclosure during each capture 
efficiency test run as measured by Method 204D or E of appendix M to 40 
CFR part 51, including a copy of the test report. Records documenting 
that the enclosure used for the capture efficiency test met the criteria 
in Method 204 of appendix M to 40 CFR part 51 for either a temporary 
total enclosure or a building enclosure.
    (B) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or C 
of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run as measured by Method 204D or E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (C) Records for an alternative protocol. Records needed to document 
a capture efficiency determination using an alternative method or 
protocol as specified in Sec. 63.4765(e), if applicable.
    (iv) The records specified in paragraphs (k)(2)(iv)(A) and (B) of 
this section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec. 63.4766.
    (A) Records of each add-on control device performance test conducted 
according to Sec. Sec. 63.4764 and 63.4766.
    (B) Records of the coating operation conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (v) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as specified 
in Sec. 63.4767 and to document compliance with the operating limits as 
specified in Table 3 to this subpart.
    (vi) A record of the work practice plan required by Sec. 63.4693, 
and documentation that you are implementing the plan on a continuous 
basis.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7701, Mar. 4, 2019]

[[Page 987]]



Sec. 63.4731  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). Where 
appropriate, the records may be maintained as electronic spreadsheets or 
as a database.
    (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 may keep the 
records off-site for the remaining 3 years.

        Compliance Requirements for the Compliant Material Option



Sec. 63.4740  By what date must I conduct the initial compliance
demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements in Sec. 
63.4741. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4683 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. The initial compliance demonstration includes the calculations 
according to Sec. 63.4741 and supporting documentation showing that 
during the initial compliance period, you used no coating with an 
organic HAP content that exceeded the applicable emission limit in Sec. 
63.4690, and that you used no thinners or cleaning materials that 
contained organic HAP.



Sec. 63.4741  How do I demonstrate initial compliance with 
the emission limitations?

    You may use the compliant material option for any individual coating 
operation, for any group of coating operations in the affected source, 
or for all the coating operations in the affected source. You must use 
either the emission rate without add-on controls option or the emission 
rate with add-on controls option for any coating operation in the 
affected source for which you do not use this option. To demonstrate 
initial compliance using the compliant material option, the coating 
operation or group of coating operations must use no coating with an 
organic HAP content that exceeds the applicable emission limit in Sec. 
63.4690 and must use no thinner or cleaning material that contains 
organic HAP as determined according to this section. Any coating 
operation for which you use the compliant material option is not 
required to meet the operating limits or work practice standards 
required in Sec. Sec. 63.4692 and 63.4693, respectively. To demonstrate 
initial compliance with the emission limitations using the compliant 
material option, you must meet all the requirements of this section for 
the coating operation or group of coating operations using this option. 
Use the procedures in this section on each coating, thinner, and 
cleaning material in the condition it is in when it is received from its 
manufacturer or supplier and prior to any alteration. You do not need to 
redetermine the mass of organic HAP in coatings, thinners, or cleaning 
materials that have been reclaimed onsite and reused in the coating 
operation(s) for which you use the compliant material option, provided 
these materials in their condition as received were demonstrated to 
comply with the compliant material option. If the mass fraction of 
organic HAP of a coating equals zero, determined according to paragraph 
(a) of this section, and you use the compliant material option, you are 
not required to comply with paragraphs (b) and (c) of this section for 
that coating.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating, thinner, and cleaning material used during the compliance 
period by using one of the options in paragraphs (a)(1) through (5) of 
this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for

[[Page 988]]

determining the mass fraction of organic HAP. Use the procedures 
specified in paragraphs (a)(1)(i) and (ii) of this section when 
performing a Method 311 test. If these values cannot be determined using 
Method 311, the owner or operator shall submit an alternative technique 
for determining their values for approval by the Administrator.
    (i) Count each organic HAP in table 7 to subpart QQQQ of part 63 
that is measured to be present at 0.1 percent by mass or more and at 1.0 
percent by mass or more for other compounds. For example, if toluene 
(not listed in Table 7 to this subpart) is measured to be 0.5 percent of 
the material by mass, you do not have to count it. Express the mass 
fraction of each organic HAP you count as a value truncated to four 
places after the decimal point (e.g., 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (e.g., 
0.763).
    (2) Method 24 (appendix A-7 to 40 CFR part 60). For coatings, you 
may use Method 24 to determine the mass fraction of nonaqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP. (Note: Method 24 is not appropriate for those coatings with a water 
content that would result in an effective detection limit greater than 
the applicable emission limit.) One of the voluntary consensus standards 
in paragraphs (a)(2)(i) through (iv) may be used as an alternative to 
using Method 24.
    (i) ASTM Method D2111-10 (Reapproved 2015), ``Standard Test Methods 
for Specific Gravity and Density of Halogenated Organic Solvents and 
Their Admixtures,'' (incorporated by reference, see Sec. 63.14);
    (ii) ASTM Method D2369-10 (Reapproved 2015)\e\, ``Standard Test 
Method for Volatile Content of Coatings,'' (incorporated by reference, 
see Sec. 63.14);
    (iii) ASTM Method D2697-03 (Reapproved 2014), ``Standard Test Method 
for Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' 
(incorporated by reference, see Sec. 63.14); and
    (iv) ASTM Method D6093-97 (Reapproved 2016), ``Standard Test Method 
for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings 
Using a Helium Gas Pycnometer,'' (incorporated by reference, see Sec. 
63.14).
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec. 63.7(f) to submit an 
alternative test method for approval.
    (4) 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) through (3) of this section, such 
as manufacturer's formulation data, if it represents each organic HAP in 
table 7 to this subpart that is present at 0.1 percent by mass or more 
and at 1.0 percent by mass or more for other compounds. For example, if 
toluene (not listed in table 7 to this subpart) is 0.5 percent of the 
material by mass, you do not have to count it. For reactive adhesives in 
which some of the HAP react to form solids and are not emitted to the 
atmosphere, you may rely on manufacturer's data that expressly states 
the organic HAP or volatile matter mass fraction emitted. If there is a 
disagreement between such information and results of a test conducted 
according to paragraphs (a)(1) through (3) of this section, then the 
test method results will take precedence unless, after consultation, you 
demonstrate to the satisfaction of the enforcement agency the 
formulation data are correct.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in these 
solvent blends listed in Table 5 or Table 6 to this subpart. If you use 
the tables, you must use the values in Table 5 for all solvent blends 
that match Table 5 entries, and you may only use Table 6 if the solvent 
blends in the materials you use do not match any of the solvent blends 
in Table 5 and

[[Page 989]]

you only know whether the blend is aliphatic or aromatic. However, if 
the results of a Method 311 (40 CFR part 63, appendix A) test indicate 
higher values than those listed on Table 5 or Table 6 to this subpart, 
the Method 311 results will take precedence.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters of coating solids per liter of coating) for each coating used 
during the compliance period by one of the methods specified in 
paragraph (b)(1), (2), or (3) of this section.
    (1) ASTM Method D2697-03 (Reapproved 2014) or D6093-97 (Reapproved 
2016). You may use ASTM Method D2697-03 (Reapproved 2014), ``Standard 
Test Method for Volume Nonvolatile Matter in Clear or Pigmented 
Coatings'' (incorporated by reference, see Sec. 63.14), or D6093-97 
(Reapproved 2016), ``Standard Test Method for Percent Volume Nonvolatile 
Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer'' 
(incorporated by reference, see Sec. 63.14), to determine the volume 
fraction of coating solids for each coating. Divide the nonvolatile 
volume percent obtained with the methods by 100 to calculate volume 
fraction of coating solids. If these values cannot be determined using 
these methods, the owner operator may submit an alternative technique 
for determining their values for approval by the Administrator.
    (2) Information from the supplier or manufacturer of the material. 
You may obtain the volume fraction of coating solids for each coating 
from the supplier or manufacturer.
    (3) Calculation of volume fraction of coating solids. If the volume 
fraction of coating solids cannot be determined using the options in 
paragraphs (b)(1) and (2) of this section, you must determine it using 
Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.000

Where:

Vs = Volume fraction of coating solids, liters coating solids 
          per liter coating.
mvolatiles = Total volatile matter content of the coating, 
          including HAP, volatile organic compounds (VOC), water, and 
          exempt compounds, determined according to Method 24 in 
          appendix A-7 of 40 CFR part 60, grams volatile matter per 
          liter coating.
Davg = Average density of volatile matter in the coating, 
          grams volatile matter per liter volatile matter, determined 
          from test results using ASTM Method D1475-13, ``Standard Test 
          Method for Density of Liquid Coatings, Inks, and Related 
          Products,'' (incorporated by reference, see Sec. 63.14), 
          information from the supplier or manufacturer of the material, 
          or reference sources providing density or specific gravity 
          data for pure materials. If there is disagreement between ASTM 
          Method D1475-13 test results and other information sources, 
          the test results will take precedence.

    (c) Determine the density of each coating. Determine the density of 
each coating used during the compliance period from test results using 
ASTM Method D1475-13, ``Standard Test Method for Density of Liquid 
Coatings, Inks, and Related Products,'' (incorporated by reference, see 
Sec. 63.14), or information from the supplier or manufacturer of the 
material. If there is disagreement between ASTM Method D1475-13 test 
results and the supplier's or manufacturer's information, the test 
results will take precedence.
    (d) Calculate the organic HAP content of each coating. Calculate the 
organic HAP content, grams organic HAP per liter coating solids, of each 
coating used during the compliance period, using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.001

Where:

Hc = Organic HAP content of the coating, grams organic HAP 
          per liter coating solids.
Dc = Density of coating, grams coating per liter coating, 
          determined according to paragraph (c) of this section.
Wc = Mass fraction of organic HAP in the coating, grams 
          organic HAP per gram coating, determined according to 
          paragraph (a) of this section.
Vs = Volume fraction of coating solids, liter coating solids 
          per liter coating, determined according to paragraph (b) of 
          this section.

    (e) Compliance demonstration. The organic HAP content for each 
coating

[[Page 990]]

used during the initial compliance period, determined using Equation 2 
of this section, must be less than or equal to the applicable emission 
limit in Sec. 63.4690; and each thinner and cleaning material used 
during the initial compliance period must contain no organic HAP, 
determined according to paragraph (a) of this section. You must keep all 
records required by Sec. Sec. 63.4730 and 63.4731. As part of the 
Notification of Compliance Status required in Sec. 63.4710, you must 
identify the coating operation(s) for which you used the compliant 
material option and submit a statement that the coating operation(s) was 
(were) in compliance with the emission limitations during the initial 
compliance period because you used no coatings for which the organic HAP 
content exceeded the applicable emission limit in Sec. 63.4690, and you 
used no thinners or cleaning materials that contained organic HAP, 
determined according to paragraph (a) of this section.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7702, Mar. 4, 2019; 88 
FR 14287, Mar. 8, 2023]



Sec. 63.4742  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) For each compliance period to demonstrate continuous compliance, 
you must use no coating for which the organic HAP content determined 
using Equation 2 of Sec. 63.4741 exceeds the applicable emission limit 
in Sec. 63.4690; and use no thinner or cleaning material that contains 
organic HAP, determined according to Sec. 63.4741(a). A compliance 
period consists of 12 months. Each month after the end of the initial 
compliance period described in Sec. 63.4740 is the end of a compliance 
period consisting of that month and the preceding 11 months.
    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the use of any coating, thinner, or 
cleaning material that does not meet the criteria specified in paragraph 
(a) of this section is a deviation from the emission limitations that 
must be reported as specified in Sec. Sec. 63.4710(c)(6) and 
63.4720(a)(5).
    (c) As part of each semiannual compliance report required by Sec. 
63.4720, you must identify the coating operation(s) for which you used 
the compliant material option. If there were no deviations from the 
emission limitations in Sec. 63.4690, submit a statement that the 
coating operation(s) was (were) in compliance with the emission 
limitations during the reporting period because you used no coating for 
which the organic HAP content exceeded the applicable emission limit in 
Sec. 63.4690, and you used no thinner or cleaning material that 
contained organic HAP, determined according to Sec. 63.4741(a).
    (d) You must maintain records as specified in Sec. Sec. 63.4730 and 
63.4731.

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option



Sec. 63.4750  By what date must I conduct the initial compliance
demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.4751. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4683 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. You must determine the mass of organic HAP emissions and volume 
of coating solids used each month and then calculate a 12-month organic 
HAP emission rate at the end of the initial 12-month compliance period. 
The initial compliance demonstration includes the calculations according 
to Sec. 63.4751 and supporting documentation showing that during the 
initial compliance period the organic HAP emission rate was equal to or 
less than the applicable emission limit in Sec. 63.4690.



Sec. 63.4751  How do I demonstrate initial compliance with the emission
limitations?

    You may use the emission rate without add-on controls option for any 
individual coating operation, for any group of coating operations in the 
affected source, or for all the coating operations in the affected 
source. You must

[[Page 991]]

use either the compliant material option or the emission rate with add-
on controls option for any coating operation in the affected source for 
which you do not use this option. To demonstrate initial compliance 
using the emission rate without add-on controls option, the coating 
operation or group of coating operations must meet the applicable 
emission limit in Sec. 63.4690. Any coating operation for which you use 
the emission rate without add-on controls option is not required to meet 
the operating limits or work practice standards required in Sec. Sec. 
63.4692 and 63.4693, respectively. You must meet all the requirements of 
this section to demonstrate initial compliance with the applicable 
emission limit in Sec. 63.4690 for the coating operation(s). When 
calculating the organic HAP emission rate according to this section, do 
not include any coatings, thinners, or cleaning materials used on 
coating operations for which you use the compliant material option or 
the emission rate with add-on controls option. You do not need to 
redetermine the mass of organic HAP in coatings, thinners, or cleaning 
materials that have been reclaimed onsite and reused in the coating 
operation(s) for which you use the emission rate without add-on controls 
option.
    (a) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each coating, thinner, 
and cleaning material used during each month according to the 
requirements in Sec. 63.4741(a).
    (b) Determine the volume fraction of coating solids for each 
coating. Determine the volume fraction of coating solids for each 
coating used during each month according to the requirements in Sec. 
63.4741(b).
    (c) Determine the density of each material. Determine the density of 
each coating, thinner, and cleaning material used during each month from 
test results using ASTM Method D1475-13 (incorporated by reference, see 
Sec. 63.14), information from the supplier or manufacturer of the 
material, or reference sources providing density or specific gravity 
data for pure materials. If there is disagreement between ASTM Method 
D1475-13 test results and such other information sources, the test 
results will take precedence.
    (d) Determine the volume of each material used. Determine the volume 
(liters) of each coating, thinner, and cleaning material used during 
each month by measurement or usage records.
    (e) Calculate the mass of organic HAP emissions. The mass of organic 
HAP emissions is the combined mass of organic HAP contained in all 
coatings, thinners, and cleaning materials used during each month minus 
the organic HAP in certain waste materials. Calculate it using Equation 
1 of this section.
[GRAPHIC] [TIFF OMITTED] TR98AD03.002

Where:

He = Total mass of organic HAP emissions during the month, 
          grams.
A = Total mass of organic HAP in the coatings used during the month, 
          grams, as calculated in Equation 1A (or 1A-alt) of this 
          section.
B = Total mass of organic HAP in the thinners used during the month, 
          grams, as calculated in Equation 1B of this section.
C = Total mass of organic HAP in the cleaning materials used during the 
          month, grams, as calculated in Equation 1C of this section.
Rw = Total mass of organic HAP in waste materials sent or 
          designated for shipment to a hazardous waste TSDF for 
          treatment or disposal during the month, grams, determined 
          according to paragraph (e)(4) of this section. (You may assign 
          a value of zero to Rw if you do not wish to use 
          this allowance.)

    (1) Calculate the mass of organic HAP in the coatings used during 
the month, using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.003


[[Page 992]]


Where:

A = Total mass of organic HAP in the coatings used during the month, 
          grams.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Dc,i = Density of coating, i, grams coating per liter 
          coating.
Wc,i = Mass fraction of organic HAP in coating, i, grams 
          organic HAP per gram coating.
m = Number of different coatings used during the month.

    (2) Calculate the mass of organic HAP in the thinners used during 
the month, using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.004

Where:

B = Total mass of organic HAP in the thinners used during the month, 
          grams.
Volt,j = Total volume of thinner, j, used during the month, 
          liters.
Dt,j = Density of thinner, j, grams per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, grams 
          organic HAP per gram thinner.
n = Number of different thinners used during the month.

    (3) Calculate the mass of organic HAP in the cleaning materials used 
during the month using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.005

Where:

C = Total mass of organic HAP in the cleaning materials used during the 
          month, grams.
Vols,k = Total volume of cleaning material, k, used during 
          the month, liters.
Ds,k = Density of cleaning material, k, grams per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          grams organic HAP per gram material.
p = Number of different cleaning materials used during the month.

    (4) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF in Equation 1 of this section, then you must determine it according 
to paragraphs (e)(4)(i) through (iv) of this section.
    (i) You may include in the determination only waste materials that 
are generated by coating operations for which you use Equation 1 of this 
section and that will be treated or disposed of by a facility regulated 
as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be 
either off-site or on-site. You may not include organic HAP contained in 
wastewater.
    (ii) You must determine either the amount of the waste materials 
sent to a TSDF during the month or the amount collected and stored 
during the month and designated for future transport to a TSDF. Do not 
include in your determination any waste materials sent to a TSDF during 
a month if you have already included them in the amount collected and 
stored during that month or a previous month.
    (iii) Determine the total mass of organic HAP contained in the waste 
materials specified in paragraph (e)(4)(ii) of this section.
    (iv) You may use any reasonable methodology to determine the amount 
of waste materials and the total mass of organic HAP they contain, and 
you must document your methodology as required in Sec. 63.4730(h). To 
the extent

[[Page 993]]

that waste manifests include this information, they may be used as part 
of the documentation of the amount of waste materials and mass of 
organic HAP contained in them.
    (f) Calculate the total volume of coating solids used. Determine the 
total volume of coating solids used which is the combined volume of 
coating solids for all the coatings used during each month, using 
Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.006

Where:

Vst = Total volume of coating solids used during the month, 
          liters.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Vs,i = Volume fraction of coating solids for coating, i, 
          liter solids per liter coating, determined according to Sec. 
          63.4741(b).
m = Number of coatings used during the month.

    (g) Calculate the organic HAP emission rate. Calculate the organic 
HAP emission rate for the 12-month compliance period, grams organic HAP 
per liter coating solids used, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.007

Where:

Hyr = Organic HAP emission rate for the 12-month compliance 
          period, grams organic HAP per liter coating solids.
He = Total mass of organic HAP emissions, grams, from all 
          materials used during month, y, as calculated by Equation 1 of 
          this section.
Vst = Total volume of coating solids used during month, y, 
          liters, as calculated by Equation 2 of this section.
y = Identifier for months.

    (h) Compliance demonstration. The organic HAP emission rate for the 
initial 12-month compliance period, calculated using Equation 3 of this 
section, must be less than or equal to the applicable emission limit in 
Sec. 63.4690. You must keep all records as required by Sec. Sec. 
63.4730 and 63.4731. As part of the Notification of Compliance Status 
required by Sec. 63.4710, you must identify the coating operation(s) 
for which you used the emission rate without add-on controls option and 
submit a statement that the coating operation(s) was (were) in 
compliance with the emission limitations during the initial compliance 
period because the organic HAP emission rate was less than or equal to 
the applicable emission limit in Sec. 63.4690, determined according to 
this section.
    (i) Alternative compliance demonstration. As an alternative to 
paragraph (h) of this section, you may demonstrate initial compliance by 
identifying each organic HAP component in the coating(s) and conducting 
a performance test using Method 320 of appendix A to 40 CFR part 63 or 
NCASI Method ISS/FP A105.01 (incorporated by reference in Sec. 63.14) 
(for formaldehyde) or Method 326 of appendix A to 40 CFR part 63 (for 
isocyanates) to obtain an organic HAP emission factor (EF). The 
voluntary consensus standard ASTM D6348-03 (Reapproved 2010) 
(incorporated by reference, see Sec. 63.14) may be used as an 
alternative to using Method 320 under the conditions specified in 
paragraphs (i)(4)(i) and (ii) of this section.
    (1) You must also calculate the mass of organic HAP emitted from the 
coatings used during the month using Equation 1A-alt of this section:
[GRAPHIC] [TIFF OMITTED] TR04MR19.010

Where:

A = Total mass of organic HAP in the coatings used during the month, 
          grams.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Dc,j = Density of coating, i, grams coating per liter of 
          coatings.
Wc,i = Mass fraction of organic HAP in coating, i, grams 
          organic HAP per gram coating.

[[Page 994]]

EFc,i = Organic HAP emission factor (three-run average from 
          performance testing, evaluated as proportion of mass organic 
          HAP emitted to mass of organic HAP in the coatings used during 
          the performance test).
m = Number of different coatings used during the month.

    (2) Calculate the organic HAP emission rate for the 12-month 
compliance period, grams organic HAP per liter coating solids used, 
using Equation 3 of this section.
    (3) The organic HAP emission rate for the initial 12-month 
compliance period, calculated using Equation 3 of this section, must be 
less than or equal to the applicable emission limit in Sec. 63.4690. 
You must keep all records as required by Sec. Sec. 63.4730 and 63.4731. 
As part of the Notification of Compliance Status required by Sec. 
63.4710, you must identify the coating operation(s) for which you used 
the emission rate without add-on controls option and submit a statement 
that the coating operation(s) was (were) in compliance with the emission 
limitations during the initial compliance period because the organic HAP 
emission rate was less than or equal to the applicable emission limit in 
Sec. 63.4690, determined according to this section.
    (4) If ASTM D6348-03 (Reapproved 2010) is used, the conditions 
specified in paragraphs (i)(4)(i) and (ii) must be met.
    (i) 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 (%) R must be determined for each target analyte 
(Equation A5.5 of ASTM D6348-03). In order for the test data to be 
acceptable for a compound, %R must be between 70 and 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 following adjustment of the sampling and/or analytical 
procedure before the 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 using the 
following equation: Reported Result = (Measured Concentration in the 
Stack x 100)/%R.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7702, Mar. 4, 2019]



Sec. 63.4752  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance, the organic HAP emission 
rate for each compliance period, calculated using Equation 3 of Sec. 
63.4751, must be less than or equal to the applicable emission limit in 
Sec. 63.4690. A compliance period consists of 12 months. Each month 
after the end of the initial compliance period described in Sec. 
63.4750 is the end of a compliance period consisting of that month and 
the preceding 11 months. You must perform the calculations in Sec. 
63.4751(a) through (g) on a monthly basis using data from the previous 
12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec. 63.4690, this is 
a deviation from the emission limitations for that compliance period and 
must be reported as specified in Sec. Sec. 63.4710(c)(6) and 
63.4720(a)(6).
    (c) As part of each semiannual compliance report required by Sec. 
63.4720, you must identify the coating operation(s) for which you used 
the emission rate without add-on controls option. If there were no 
deviations from the emission limitations, you must submit a statement 
that the coating operation(s) was (were) in compliance with the emission 
limitations during the reporting period because the organic HAP emission 
rate for each compliance period was less than or equal to the applicable 
emission limit in Sec. 63.4690, determined according to Sec. 
63.4751(a) through (g).
    (d) You must maintain records as specified in Sec. Sec. 63.4730 and 
63.4731.
    (e) If you use the alternative compliance demonstration described in 
Sec. 63.4751(i), you must identify each organic HAP component in the 
coating(s) and conduct a performance test every 5 years to obtain an 
organic HAP emission factor (EF). You must use the following methods, as 
appropriate: Method 320 of appendix A to 40 CFR part 63

[[Page 995]]

or NCASI Method ISS/FP A105.01 (incorporated by reference, see Sec. 
63.14) (for formaldehyde) or Method 326 of appendix A to 40 CFR part 63 
(for isocyanates). The voluntary consensus standard ASTM D6348-03 
(Reapproved 2010) (incorporated by reference, see Sec. 63.14) may be 
used as an alternative to using Method 320 under the conditions 
specified in Sec. 63.4751(i)(4)(i) and (ii).

[68 FR 31760, May 28, 2003, as amended at 84 FR 7703, Mar. 4, 2019]

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option



Sec. 63.4760  By what date must I conduct performance tests and 
other initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.4683. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.4761(j), you must conduct a performance test of each capture system 
and add-on control device according to Sec. Sec. 63.4764, 63.4765, and 
63.4766, and establish the operating limits required by Sec. 63.4692 no 
later than 180 days after the applicable compliance date specified in 
Sec. 63.4683. For a solvent recovery system for which you conduct 
liquid-liquid material balances according to Sec. 63.4761(j), you must 
initiate the first material balance no later than 180 days after the 
applicable compliance date specified in Sec. 63.4683.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4693 no later than the compliance date specified in 
Sec. 63.4683.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.4761. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4683 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. You must determine the mass of organic HAP emissions and volume 
of coating solids used each month and then calculate a 12-month organic 
HAP emission rate at the end of the initial 12-month compliance period. 
The initial compliance demonstration includes the results of emission 
capture system and add-on control device performance tests conducted 
according to Sec. Sec. 63.4764, 63.4765, and 63.4766; results of 
liquid-liquid material balances conducted according to Sec. 63.4761(j); 
calculations according to Sec. 63.4761 and supporting documentation 
showing that during the initial compliance period, the organic HAP 
emission rate was equal to or less than the emission limit in Sec. 
63.4690(a); the operating limits established during the performance 
tests and the results of the continuous parameter monitoring required by 
Sec. 63.4768; and documentation of whether you developed and 
implemented the work practice plan required by Sec. 63.4693.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec. 
63.4692 until after you have completed the performance tests specified 
in paragraph (a)(1) of this section. Instead, you must maintain a log 
detailing the operation and maintenance of the emission capture system, 
add-on control device, and continuous parameter monitors during the 
period between the compliance date and the performance test. You must 
begin complying with the operating limits for your affected source on 
the date you complete the performance tests specified in paragraph 
(a)(1) of this section. The requirements in this paragraph (a)(4) do not 
apply to solvent recovery systems for which you conduct liquid-liquid 
material balances according to the requirements in Sec. 63.4761(j).
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date

[[Page 996]]

specified in Sec. 63.4683. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.4761(j), you must conduct a performance test of each capture system 
and add-on control device according to the procedures in Sec. Sec. 
63.4764, 63.4765, and 63.4766 and establish the operating limits 
required by Sec. 63.4692 no later than the applicable compliance date 
specified in Sec. 63.4683. For a solvent recovery system for which you 
conduct liquid-liquid material balances according to Sec. 63.4761(j), 
you must initiate the first material balance no later than the 
compliance date specified in Sec. 63.4683.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4693 no later than the compliance date specified in 
Sec. 63.4683.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.4761. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4683 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 12 
months. You must determine the mass of organic HAP emissions and volume 
of coating solids used each month and then calculate a 12-month organic 
HAP emission rate at the end of the initial 12-month compliance period. 
The initial compliance demonstration includes the results of emission 
capture system and add-on control device performance tests conducted 
according to Sec. Sec. 63.4764, 63.4765, and 63.4766; results of 
liquid-liquid material balances conducted according to Sec. 63.4761(j); 
calculations according to Sec. 63.4761 and supporting documentation 
showing that during the initial compliance period the organic HAP 
emission rate was equal to or less than the emission limit in Sec. 
63.4690(b); the operating limits established during the performance 
tests and the results of the continuous parameter monitoring required by 
Sec. 63.4768; and documentation of whether you developed and 
implemented the work practice plan required by Sec. 63.4693.



Sec. 63.4761  How do I demonstrate initial compliance?

    (a) You may use the emission rate with add-on controls option for 
any coating operation, for any group of coating operations in the 
affected source, or for all of the coating operations in the affected 
source. You may include both controlled and uncontrolled coating 
operations in a group for which you use this option. You must use either 
the compliant material option or the emission rate without add-on 
controls option for any coating operation in the affected source for 
which you do not use the emission rate with add-on controls option. To 
demonstrate initial compliance, the coating operation(s) for which you 
use the emission rate with add-on controls option must meet the 
applicable emission limitations in Sec. Sec. 63.4690, 63.4692, and 
63.4693. You must meet all the requirements of this section to 
demonstrate initial compliance with the emission limitations. When 
calculating the organic HAP emission rate according to this section, do 
not include any coatings, thinners, or cleaning materials used on 
coating operations for which you use the compliant material option or 
the emission rate without add-on controls option. You do not need to 
redetermine the mass of organic HAP in coatings, thinners, or cleaning 
materials that have been reclaimed and reused in the coating 
operation(s) for which you use the emission rate with add-on controls 
option.
    (b) Compliance with operating limits. Except as provided in Sec. 
63.4760(a)(4), and except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to the requirements of 
Sec. 63.4761(j), you must establish and demonstrate continuous 
compliance during the initial compliance period with the operating 
limits required by Sec. 63.4692, using the procedures specified in 
Sec. Sec. 63.4767 and 63.4768.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.4693 during the initial compliance period, as 
specified in Sec. 63.4730.
    (d) Compliance with emission limits. You must follow the procedures 
in

[[Page 997]]

paragraphs (e) through (n) of this section to demonstrate compliance 
with the applicable emission limit in Sec. 63.4690.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec. 63.4751(a) through (d) to determine the mass fraction 
of organic HAP, density, and volume of each coating, thinner, and 
cleaning material used during each month; and the volume fraction of 
coating solids for each coating used during each month.
    (f) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec. 63.4751, calculate the total mass of 
organic HAP emissions before add-on controls from all coatings, 
thinners, and cleaning materials used during each month in the coating 
operation or group of coating operations for which you use the emission 
rate with add-on controls option.
    (g) Calculate the organic HAP emission reduction for each controlled 
coating operation. Determine the mass of organic HAP emissions reduced 
for each controlled coating operation during each month. The emission 
reduction determination quantifies the total organic HAP emissions that 
pass through the emission capture system and are destroyed or removed by 
the add-on control device. Use the procedures in paragraph (h) of this 
section to calculate the mass of organic HAP emission reduction for each 
controlled coating operation using an emission capture system and add-on 
control device other than a solvent recovery system for which you 
conduct liquid-liquid material balances. For each controlled coating 
operation using a solvent recovery system for which you conduct a 
liquid-liquid material balance, use the procedures in paragraph (j) of 
this section to calculate the organic HAP emission reduction.
    (h) Calculate the organic HAP emission reduction for each controlled 
coating operation not using liquid-liquid material balances. For each 
controlled coating operation using an emission capture system and add-on 
control device other than a solvent recovery system for which you 
conduct liquid-liquid material balances, calculate the organic HAP 
emission reduction, using Equation 1 of this section. The calculation 
applies the emission capture system efficiency and add-on control device 
efficiency to the mass of organic HAP contained in the coatings, 
thinners, and cleaning materials that are used in the coating operation 
served by the emission capture system and add-on control device during 
each month. For any period of time a deviation specified in Sec. 
63.4763(c) or (d) occurs in the controlled coating operation, including 
a deviation during a period of SSM, you must assume zero efficiency for 
the emission capture system and add-on control device. Equation 1 of 
this section treats the materials used during such a deviation as if 
they were used on an uncontrolled coating operation for the time period 
of the deviation.
[GRAPHIC] [TIFF OMITTED] TR98AD03.008

Where:

Hc = Mass of organic HAP emission reduction for the 
          controlled coating operation during the month, grams.
Ac = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the month, grams.
Bc = Total mass of organic HAP in the thinners used in the 
          controlled coating operation during the month, grams, as 
          calculated in Equation 1B of this section.
Cc = Total mass of organic HAP in the cleaning materials used 
          in the controlled coating operation during the month, grams, 
          as calculated in Equation 1C of this section.
Hunc = Total mass of organic HAP in the coatings, thinners, 
          and cleaning materials used during all deviations specified in 
          Sec. 63.4763(c) and (d) that occurred during the month in the 
          controlled coating operation, grams, as calculated in Equation 
          1D of this section.

[[Page 998]]

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent. Use the test methods and 
          procedures specified in Sec. Sec. 63.4764 and 63.4765 to 
          measure and record capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
          control device, percent. Use the test methods and procedures 
          in Sec. Sec. 63.4764 and 63.4766 to measure and record the 
          organic HAP destruction or removal efficiency.

    (1) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation, grams, using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.009

Where:

Ac = Total mass of organic HAP in the coatings used in the 
          controlled coating operation, grams.
Volc,i = Total volume of coating, i, used during the month, 
          liters.
Dc,i = Density of coating, i, grams per liter.
Wc,i = mass fraction of organic HAP in coating, i, grams per 
          gram.
m = Number of different coatings used.

    (2) Calculate the mass of organic HAP in the thinners used in the 
controlled coating operation, grams, using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.010

Where:

Bc = Total mass of organic HAP in the thinners used in the 
          controlled coating operation during the month, grams.
Volt,j = Total volume of thinner, j, used during the month, 
          liters.
Dt,j = Density of thinner, j, grams per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, grams per 
          gram.
n = Number of different thinners used.

    (3) Calculate the mass of organic HAP in the cleaning materials used 
in the controlled coating operation during the month, grams, using 
Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.011

Where:

Cc = Total mass of organic HAP in the cleaning materials used 
          in the controlled coating operation during the month, grams.
Vols,k = Total volume of cleaning material, k, used during 
          the month, liters.
Ds,k = Density of cleaning material, k, grams per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          grams per gram.
p = Number of different cleaning materials used.

    (4) Calculate the mass of organic HAP in the coatings, thinners, and 
cleaning materials used in the controlled coating operation during 
deviations specified in Sec. 63.4763(c) and (d), using Equation 1D of 
this section:

[[Page 999]]

[GRAPHIC] [TIFF OMITTED] TR98AD03.012

Where:

Hunc = Total mass of organic HAP in the coatings, thinners, 
          and cleaning materials used during all deviations specified in 
          Sec. 63.4763(c) and (d) that occurred during the month in the 
          controlled coating operation, grams.
Volh = Total volume of coating, thinner, or cleaning 
          material, h, used in the controlled coating operation during 
          deviations, liters.
Dh = Density of coating, thinner, or cleaning material, h, 
          grams per liter.
Wh = mass fraction of organic HAP in coating, thinner, or 
          cleaning material, h, grams organic HAP per gram coating.
q = Number of different coatings, thinners, or cleaning materials.

    (i) [Reserved]
    (j) Calculate the organic HAP emission reduction for each controlled 
coating operation using liquid-liquid material balances. For each 
controlled coating operation using a solvent recovery system for which 
you conduct liquid-liquid material balances, calculate the organic HAP 
emission reduction by applying the volatile organic matter collection 
and recovery efficiency to the mass of organic HAP contained in the 
coatings, thinners, and cleaning materials that are used in the coating 
operation controlled by the solvent recovery system during each month. 
Perform a liquid-liquid material balance for each month as specified in 
paragraphs (j)(1) through (6) of this section. Calculate the mass of 
organic HAP emission reduction by the solvent recovery system as 
specified in paragraph (j)(7) of this section.
    (1) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each month. The device must be 
initially certified by the manufacturer to be accurate to within 2.0 percent of the mass of volatile organic matter 
recovered.
    (2) For each solvent recovery system, determine the mass of volatile 
organic matter recovered for the month, grams, based on measurement with 
the device required in paragraph (j)(1) of this section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating, thinner, and cleaning material used in the coating operation 
controlled by the solvent recovery system during the month, grams 
volatile organic matter per gram coating. You may determine the volatile 
organic matter mass fraction using Method 24 of 40 CFR part 60, appendix 
A-7, one of the voluntary consensus standards specified in Sec. 
63.4741(a)(2)(i) through (iv), or an EPA approved alternative method, or 
you may use information provided by the manufacturer or supplier of the 
coating. In the event of any inconsistency between information provided 
by the manufacturer or supplier and the results of Method 24 of 40 CFR 
part 60, appendix A-7, or an approved alternative method, the test 
method results will take precedence unless after consultation, a 
regulated source could demonstrate to the satisfaction of the 
enforcement agency that the formulation data were correct.
    (4) Determine the density of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the month, grams per liter, according to Sec. 
63.4751(c).
    (5) Measure the volume of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the month, liters.
    (6) Each month, calculate the solvent recovery system's volatile 
organic matter collection and recovery efficiency, using Equation 2 of 
this section:

[[Page 1000]]

[GRAPHIC] [TIFF OMITTED] TR98AD03.013

Where:

Rv = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system during the month, 
          percent.
Mvr = Mass of volatile organic matter recovered by the 
          solvent recovery system during the month, grams.
Voli = Volume of coating, i, used in the coating operation 
          controlled by the solvent recovery system during the month, 
          liters.
Di = Density of coating, i, grams per liter.
WVc,i = Mass fraction of volatile organic matter for coating, 
          i, grams volatile organic matter per gram coating.
Volj = Volume of thinner, j, used in the coating operation 
          controlled by the solvent recovery system during the month, 
          liters.
Dj = Density of thinner, j, grams per liter.
WVt,j = Mass fraction of volatile organic matter for thinner, 
          j, grams volatile organic matter per gram thinner.
Volk = Volume of cleaning material, k, used in the coating 
          operation controlled by the solvent recovery system during the 
          month, liters.
Dk = Density of cleaning material, k, grams per liter.
WVs,k = Mass fraction of volatile organic matter for cleaning 
          material, k, grams volatile organic matter per gram cleaning 
          material.
m = Number of different coatings used in the coating operation 
          controlled by the solvent recovery system during the month.
n = Number of different thinners used in the coating operation 
          controlled by the solvent recovery system during the month.
p = Number of different cleaning materials used in the coating operation 
          controlled by the solvent recovery system during the month.

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.014

Where:

HCSR = Mass of organic HAP emission reduction for the coating 
          operation controlled by the solvent recovery system during the 
          month, grams.
ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system, 
          grams, calculated using Equation 3A of this section.
BCSR = Total mass of organic HAP in the thinners used in the 
          coating operation controlled by the solvent recovery system, 
          grams, calculated using Equation 3B of this section.
CCSR = Total mass of organic HAP in the cleaning materials 
          used in the coating operation controlled by the solvent 
          recovery system, grams, calculated using Equation 3C of this 
          section.
RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system, percent, from 
          Equation 2 of this section.

    (i) Calculate the mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, grams, 
using Equation 3A of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.015

Where:

ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation

[[Page 1001]]

          controlled by the solvent recovery system during the month, 
          grams.
Volc,i = Total volume of coating, i, used during the month in 
          the coating operation controlled by the solvent recovery 
          system, liters.
Dc,i = Density of coating, i, grams per liter.
W c,i = Mass fraction of organic HAP in coating, i, grams per 
          gram.
m = Number of different coatings used.

    (ii) Calculate the mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system, grams, 
using Equation 3B of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.016

Where:

BCSR = Total mass of organic HAP in the thinners used in the 
          coating operation controlled by the solvent recovery system 
          during the month, grams.
Volt,j = Total volume of thinner, j, used during the month in 
          the coating operation controlled by the solvent recovery 
          system, liters.
Dt,j = Density of thinner, j, grams per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, grams per 
          gram.
n = Number of different thinners used.

    (iii) Calculate the mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery system 
during the month, grams, using Equation 3C of this section.
[GRAPHIC] [TIFF OMITTED] TR98AD03.017

Where:

CCSR = Total mass of organic HAP in the cleaning materials 
          used in the coating operation controlled by the solvent 
          recovery system during the month, grams.
Vols,k = Total volume of cleaning material, k, used during 
          the month in the coating operation controlled by the solvent 
          recovery system, liters.
Ds,k = Density of cleaning material, k, grams per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          grams per gram.
p = Number of different cleaning materials used.

    (k) Calculate the total volume of coating solids used. Determine the 
total volume of coating solids used, liters, which is the combined 
volume of coating solids for all the coatings used during each month in 
the coating operation or group of coating operations for which you use 
the emission rate with add-on controls option, using Equation 2 of Sec. 
63.4751.
    (l) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions, grams, during each month, 
using Equation 4 of this section.
[GRAPHIC] [TIFF OMITTED] TR98AD03.018

Where:

HHAP = Total mass of organic HAP emissions for the month, 
          grams.
He = Total mass of organic HAP emissions before add-on 
          controls from all the coatings, thinners, and cleaning 
          materials

[[Page 1002]]

          used during the month, grams, determined according to 
          paragraph (f) of this section.
Hc,i = Total mass of organic HAP emission reduction for 
          controlled coating operation, i, not using a liquid-liquid 
          material balance, during the month, grams, from Equation 1 of 
          this section.
HCSR,j = Total mass of organic HAP emission reduction for 
          coating operation, j, controlled by a solvent recovery system 
          using a liquid-liquid material balance, during the month, 
          grams, from Equation 3 of this section.
q = Number of controlled coating operations not using a liquid-liquid 
          material balance.
r = Number of coating operations controlled by a solvent recovery system 
          using a liquid-liquid material balance.

    (m) Calculate the organic HAP emission rate for the 12-month 
compliance period. Determine the organic HAP emission rate for the 12-
month compliance period, grams organic HAP per liter coating solids 
used, using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.019

Where:

Hannual = Organic HAP emission rate for the 12-month 
          compliance period, grams organic HAP per liter coating solids.
HHAP,y = Organic HAP emission rate for month, y, determined 
          according to Equation 4 of this section.
Vst,y = Total volume of coating solids, liters, used during 
          month, y, from Equation 2 of Sec. 63.4751.
y = Identifier for months.

    (n) Compliance demonstration. To demonstrate initial compliance with 
the emission limit, the organic HAP emission rate, calculated using 
Equation 5 of this section, must be less than or equal to the applicable 
emission limit in Sec. 63.4690. You must keep all records as required 
by Sec. Sec. 63.4730 and 63.4731. As part of the Notification of 
Compliance Status required by Sec. 63.4710, you must identify the 
coating operation(s) for which you used the emission rate with add-on 
controls option and submit a statement that the coating operation(s) was 
(were) in compliance with the emission limitations during the initial 
compliance period because the organic HAP emission rate was less than or 
equal to the applicable emission limit in Sec. 63.4690, and you 
achieved the operating limits required by Sec. 63.4692 and the work 
practice standards required by Sec. 63.4693.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7703, Mar. 4, 2019]



Sec. 63.4762  [Reserved]



Sec. 63.4763  How do I demonstrate continuous compliance with 
the emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec. 63.4690, the organic HAP emission rate for each 
compliance period, calculated using Equation 5 of Sec. 63.4761, must be 
equal to or less than the applicable emission limit in Sec. 63.4690. A 
compliance period consists of 12 months. Each month after the end of the 
initial compliance period described in Sec. 63.4760 is the end of a 
compliance period consisting of that month and the preceding 11 months. 
You must perform the calculations in Sec. 63.4761 on a monthly basis 
using data from the previous 12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec. 63.4690, this is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec. 63.4710(c)(6) and 
63.4720(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.4692 that applies to you, as specified in 
Table 3 to this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 3 to this subpart, this is a deviation from the operating limit 
that must be reported as specified in Sec. Sec. 63.4710(c)(6) and 
63.4720(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 3 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation. For the purposes of 
completing the compliance calculations specified in Sec. 63.4761(h),

[[Page 1003]]

you must treat the materials used during a deviation on a controlled 
coating operation as if they were used on an uncontrolled coating 
operation for the time period of the deviation, as indicated in Equation 
1 of Sec. 63.4761.
    (d) You must meet the requirements for bypass lines in Sec. 
63.4768(b) for controlled coating operations for which you do not 
conduct liquid-liquid material balances. If any bypass line is opened 
and emissions are diverted to the atmosphere when a controlled coating 
operation is running, this is a deviation that must be reported as 
specified in Sec. Sec. 63.4710(c)(6) and 63.4720(a)(7). For the 
purposes of completing the compliance calculations specified in Sec. 
63.4761(h), you must treat the materials used during a deviation on a 
controlled coating operation as if they were used on an uncontrolled 
coating operation for the time period of the deviation, as indicated in 
Equation 1 of Sec. 63.4761.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.4693. If you did not develop a work 
practice plan, or you did not implement the plan, or you did not keep 
the records required by Sec. 63.4730(k)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec. 63.4710(c)(6) and 63.4720(a)(7).
    (f) As part of each semiannual compliance report required in Sec. 
63.4720, you must identify the coating operation(s) for which you used 
the emission rate with add-on controls option. If there were no 
deviations from the emission limitations, submit a statement that you 
were in compliance with the emission limitations during the reporting 
period because the organic HAP emission rate for each compliance period 
was less than or equal to the applicable emission limit in Sec. 
63.4690, and you achieved the operating limits required by Sec. 63.4692 
and the work practice standards required by Sec. 63.4693 during each 
compliance period.
    (g) [Reserved]
    (h) For existing sources, before September 3, 2019, consistent with 
Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period 
of SSM of the emission capture system, add-on control device, or coating 
operation that may affect emission capture or control device efficiency 
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 you identify as an SSM are violations, according 
to the provisions in Sec. 63.6(e).
    (i) [Reserved]
    (j) You must maintain records as specified in Sec. Sec. 63.4730 and 
63.4731.

[68 FR 31760, May 28, 2003, as amended at 71 FR 20466, Apr. 20, 2006; 84 
FR 7703, Mar. 4, 2019]



Sec. 63.4764  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec. 63.4760 
according to the requirements in Sec. 63.7(e)(1) and under the 
conditions in this section unless you obtain a waiver of the performance 
test according to the provisions in Sec. 63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, and nonoperation do not constitute representative conditions. 
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 shall make available to 
the Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (2) Representative emission capture system and add-on control device 
operating conditions. You must conduct the performance test when the 
emission capture system and add-on control device are operating at a 
representative flow rate, and the add-on control device is operating at 
a representative inlet concentration. Representative conditions exclude 
periods of startup and shutdown. You may not conduct performance tests 
during periods of malfunction. You must record information that is 
necessary to document emission capture system and add-on control device 
operating conditions during the test

[[Page 1004]]

and explain why the conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.4765. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec. 63.4766.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7704, Mar. 4, 2019]



Sec. 63.4765  How do I determine the emission capture system efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required by 
Sec. 63.4760.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the 
enclosure to an add-on control device.
    (2) All coatings, thinners, and cleaning materials used in the 
coating operation are applied within the capture system; coating solvent 
flash-off and coating, curing, and drying occurs within the capture 
system; and the removal or evaporation of cleaning materials from the 
surfaces they are applied to occurs within the capture system. For 
example, this criterion is not met if parts enter the open shop 
environment when being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours in duration or the length of a production run, whichever 
is longer, up to 8 hours. For the purposes of this test, a production 
run means the time required for a single part to go from the beginning 
to the end of production, which includes surface preparation activities 
and drying or curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of TVH emissions not captured by the emission 
capture system. Use a temporary total enclosure or a building enclosure 
and the procedures in paragraphs (c)(1) through (6) of this section to 
measure emission capture system efficiency using the liquid-to-
uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings, thinners, and cleaning materials 
are applied, and all areas where emissions from these applied coatings 
and materials subsequently occur, such as flash-off, curing, and drying 
areas. The areas of the coating operation where capture devices collect 
emissions for routing to an add-on control device, such as the entrance 
and exit areas of an oven or spray booth, must also be inside the 
enclosure. The enclosure must meet the applicable definition of a 
temporary total enclosure or building enclosure in Method 204 of 
appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction of TVH liquid input from each coating, 
thinner, and cleaning material used in the coating operation during each 
capture efficiency test run. To make the determination, substitute TVH 
for each occurrence of the term volatile organic compounds (VOC) in the 
methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the coatings, thinners, and cleaning materials 
used in the coating operation during each capture efficiency test run.

[[Page 1005]]

[GRAPHIC] [TIFF OMITTED] TR98AD03.020

Where:

TVHused = Mass of liquid TVH in materials used in the coating 
          operation during the capture efficiency test run, grams.
TVHi = Mass fraction of TVH in coating, thinner, or cleaning 
          material, i, that is used in the coating operation during the 
          capture efficiency test run, grams TVH per gram material.
Voli = Total volume of coating, thinner, or cleaning 
          material, i, used in the coating operation during the capture 
          efficiency test run, liters.
Di = Density of coating, thinner, or cleaning material, i, 
          grams material per liter material.
n = Number of different coatings, thinners, and cleaning materials used 
          in the coating operation during the capture efficiency test 
          run.

    (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure 
the total mass, grams, of TVH emissions that are not captured by the 
emission capture system; they are measured as they exit the temporary 
total enclosure or building enclosure during each capture efficiency 
test run. To make the measurement, substitute TVH for each occurrence of 
the term VOC in the methods.

    (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure 
is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure, other than the coating operation for which capture 
efficiency is being determined, must be shut down, but all fans and 
blowers must be operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.021

Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHused = Total mass of TVH liquid input used in the coating 
          operation during the capture efficiency test run, grams.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, grams, determined according to paragraph 
          (c)(4) of this section.

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (d)(1) through (5) of this 
section to measure emission capture system efficiency using the gas-to-
gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings, thinners, and cleaning materials 
are applied, and all areas where emissions from these applied coatings 
and materials subsequently occur, such as flash-off, curing, and drying 
areas. The areas of the coating operation where capture devices collect 
emissions generated by the coating operation for routing to an add-on 
control device, such as the entrance and exit areas of an oven or a

[[Page 1006]]

spray booth, must also be inside the enclosure. The enclosure must meet 
the applicable definition of a temporary total enclosure or building 
enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass, grams, of TVH emissions captured by the emission 
capture system during each capture efficiency test run as measured at 
the inlet to the add-on control device. To make the measurement, 
substitute TVH for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or 204C of appendix M to 
40 CFR part 51 measurement must be upstream from the add-on control 
device and must represent total emissions routed from the capture system 
and entering the add-on control device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct, and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, grams, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure 
is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure, other than the coating operation for which capture 
efficiency is being determined, must be shut down, but all fans and 
blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.022

Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHcaptured = Total mass of TVH captured by the emission 
          capture system as measured at the inlet to the add-on control 
          device during the emission capture efficiency test run, grams, 
          determined according to paragraph (d)(2) of this section.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, grams, determined according to paragraph 
          (d)(3) of this section.

    (5) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (e) Alternative capture efficiency protocol. As an alternative to 
the procedures specified in paragraphs (c) and (d) of this section, you 
may determine capture efficiency using any other capture efficiency 
protocol and test methods that satisfy the criteria of either the DQO or 
LCL approach as described in appendix A to subpart KK of this part.



Sec. 63.4766  How do I determine the add-on control device emission
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec. 63.4760. 
You must conduct three test

[[Page 1007]]

runs as specified in Sec. 63.7(e)(3), and each test run must last at 
least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A-1 to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, or 2F of appendix A-1 to 40 CFR part 
60, or Method 2G of appendix A-2 to 40 CFR part 60, as appropriate, to 
measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A-2 to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight. You may 
also use as an alternative to Method 3B, the manual method for measuring 
the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas 
in ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 10, 
Instruments and Apparatus]'' (incorporated by reference, see Sec. 
63.14).
    (4) Use Method 4 of appendix A-3 to 40 CFR part 60 to determine 
stack gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
Method 25 or 25A of appendix A-7 to 40 CFR part 60, and Method 320 or 
326 of appendix A to 40 CFR part 63, as specified in paragraphs (b)(1) 
through (5) of this section. The voluntary consensus standard ASTM 
D6348-03 (Reapproved 2010) (incorporated by reference in Sec. 63.14) 
may be used as an alternative to using Method 320 if the conditions 
specified in Sec. 63.4751(i)(4)(i) and (ii) are met. You must use the 
same method for both the inlet and outlet measurements.
    (1) Use Method 25 of appendix A-7 to 40 CFR part 60 if the add-on 
control device is an oxidizer, and you expect the total gaseous organic 
concentration as carbon to be more than 50 parts per million (ppm) at 
the control device outlet.
    (2) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-on 
control device is an oxidizer, and you expect the total gaseous organic 
concentration as carbon to be 50 ppm or less at the control device 
outlet.
    (3) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-on 
control device is not an oxidizer.
    (4) If Method 25A is used, and if formaldehyde is a major organic 
HAP component of the surface coating exhaust stream, use Method 320 of 
appendix A to 40 CFR part 63 or NCASI Method ISS/FP A105.01 
(incorporated by reference in Sec. 63.14) or ASTM D6348-03 (Reapproved 
2010) (incorporated by reference in Sec. 63.14) to determine 
formaldehyde concentration.
    (5) In addition to Method 25 or 25A, use Method 326 of appendix A to 
40 CFR part 63 if isocyanate is a major organic HAP component of the 
surface coating exhaust stream.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator with 
an outlet for the high-volume, dilute stream that has been treated by 
the concentrator, and a second add-on control device is an oxidizer with 
an outlet for the low-volume, concentrated stream that is treated with 
the oxidizer, you must measure emissions at the outlet of the oxidizer 
and the high volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic emissions 
mass flow rates for the inlet and the outlet of the add-on control 
device, using Equation 1 of this section. If there is more than one 
inlet or outlet to the add-on control device, you must calculate the 
total gaseous organic mass flow rate using Equation 1 of this section 
for each inlet and each outlet and then total all of the inlet emissions 
and total all of the outlet emissions. The mass emission rates for 
formaldehyde and individual isocyanate must be determined separately.

[[Page 1008]]

[GRAPHIC] [TIFF OMITTED] TR04MR19.000

Where:

Mf = Total gaseous organic emissions mass flow rate, grams 
          per hour (h).
MW = Molecular weight of analyte of interest (12 for Method 25 and 25A 
          results).
Cc = Concentration of organic compounds in the vent gas (as 
          carbon if determined by Method 25 or Method 25A), parts per 
          million by volume (ppmv), dry basis.
Qsd = Volumetric flow rate of gases entering or exiting the 
          add-on control device, as determined by Method 2, 2A, 2C, 2D, 
          2F, or 2G, dry standard cubic meters/hour (dscm/h).
41.6 = Conversion factor for molar volume, gram-moles per cubic meter 
          (mol/m\3\) (@293 Kelvin (K) and 760 millimeters of mercury 
          (mmHg)).

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.024

Where:

DRE = Organic emissions destruction or removal efficiency of the add-on 
          control device, percent.
Mfi = Total gaseous organic emissions mass flow rate at the 
          inlet(s) to the add-on control device, using Equation 1 of 
          this section, grams/h.
Mfo = total gaseous organic emissions mass flow rate at the 
          outlet(s) of the add-on control device, using Equation 1 of 
          this section, grams/h.

    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section. 
Destruction and removal efficiency must be determined independently for 
formaldehyde and isocyanates.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7704, Mar. 4, 2019]



Sec. 63.4767  How do I establish the emission capture system and add-on
control device operating limits during the performance test?

    During the performance test required by Sec. 63.4760 and described 
in Sec. Sec. 63.4764, 63.4765, and 63.4766, you must establish the 
operating limits required by Sec. 63.4692 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec. 63.8(f) as specified in Sec. 63.4692.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of the 
three test runs. You must monitor the temperature in the firebox of the 
thermal oxidizer or immediately downstream of the firebox before any 
substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During the performance test, you must monitor and record the 
temperature before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature difference across the catalyst bed 
maintained during the performance test. This is the minimum operating 
limit for your catalytic oxidizer.
    (3) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet to 
the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During

[[Page 1009]]

the performance test, you must monitor and record the temperature before 
the catalyst bed at least once every 15 minutes during each of the three 
test runs. Use the data collected during the performance test to 
calculate and record the average temperature before the catalyst bed 
during the performance test. This is the minimum operating limit for 
your catalytic oxidizer. (Note: For regenerative catalytic oxidizers, 
the inlet to the catalyst is defined as the general zone between the 
inlets to the catalyst beds located in the multiple regeneration towers; 
select either a monitoring location or multiple monitoring locations. If 
multiple monitoring locations are selected, either establish separate 
operating limits for each location or calculate an average of the 
multiple measurements and set a single operating limit.)
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, at 
a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) 
of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e, 
conversion efficiency) following the recommended procedures from the 
manufacturer, the catalyst supplier, or the catalyst test provider.
    (ii) Monthly inspection of the oxidizer system, including the burner 
assembly and fuel supply lines for problems and, as necessary, adjust 
the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendation and conduct a new performance test to 
determine destruction efficiency according to Sec. 63.4766.
    (c) Carbon adsorbers. If your add-on control device is a carbon 
adsorber, establish the operating limits according to paragraphs (c)(1) 
and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing gas 
(e.g., steam or nitrogen) mass flow for each regeneration cycle, and the 
carbon bed temperature after each carbon bed regeneration and cooling 
cycle for the regeneration cycle either immediately preceding or 
immediately following the performance test.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle, 
and the maximum carbon bed temperature recorded after the cooling cycle.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) of 
this section.
    (1) During the performance test, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average condenser outlet (product side) gas temperature 
maintained during the performance test. This average condenser outlet 
gas temperature is the maximum operating limit for your condenser.
    (e) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (e)(1) through (4) of this section.
    (1) During the performance test, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature. This is the minimum operating limit 
for the desorption concentrate gas stream temperature.
    (3) During the performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least once 
every 15 minutes during each of the three runs of the performance test.
    (4) Use the data collected during the performance test to calculate 
and record the average pressure drop. This is the maximum operating 
limit for the dilute stream across the concentrator.
    (f) Emission capture system. For each capture device that is not 
part of a

[[Page 1010]]

PTE that meets the criteria of Sec. 63.4765(a), establish an operating 
limit for either the gas volumetric flow rate or duct static pressure, 
as specified in paragraphs (f)(1) and (2) of this section. The operating 
limit for a PTE is specified in Table 3 to this subpart.
    (1) During the capture efficiency determination required by Sec. 
63.4760 and described in Sec. Sec. 63.4764 and 63.4765, you must 
monitor and record either the gas volumetric flow rate or the duct 
static pressure for each separate capture device in your emission 
capture system at least once every 15 minutes during each of the three 
test runs at a point in the duct between the capture device and the add-
on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device. 
This average gas volumetric flow rate or duct static pressure is the 
minimum operating limit for that specific capture device.



Sec. 63.4768  What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), (f), and (g) of this section according 
to paragraphs (a)(1) through (6) of this section. You must install, 
operate, and maintain each CPMS specified in paragraphs (b) and (d) of 
this section according to paragraphs (a)(3) through (5) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for each 
successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, and 
validation check of the CPMS.
    (4) You must maintain the CPMS at all times and have available 
necessary parts for routine repairs of the monitoring equipment.
    (5) You must operate the CPMS and collect emission capture system 
and add-on control device parameter data at all times that a controlled 
coating operation is operating, except during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
(including, if applicable, calibration checks and required zero and span 
adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during periods when the control device is 
not receiving emissions, monitoring malfunctions, associated repairs, 
out-of-control periods, or required quality assurance or control 
activities when calculating data averages. You must use all the data 
collected during all other periods in calculating the data averages for 
determining compliance with the emission capture system and add-on 
control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Any period for which the 
monitoring system is out-of-control and data are not available for 
required calculations is a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or

[[Page 1011]]

diverted from the add-on control device. The time of occurrence and flow 
control position must be recorded, as well as every time the flow 
direction is changed. The flow control position indicator must be 
installed at the entrance to any bypass line that could divert the 
emissions away from the add-on control device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass line 
valve in the closed 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 
closed position, and the emissions are not diverted away from the add-on 
control device to the atmosphere.
    (iii) Valve closure monitoring. Ensure that any bypass line valve is 
in the closed (non-diverting) position through monitoring of valve 
position at least once every 15 minutes. You must inspect the monitoring 
system at least once every month to verify that the monitor will 
indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the coating operation is stopped when flow is diverted by the 
bypass line away from the add-on control device to the atmosphere when 
the coating operation is running. You must inspect the automatic 
shutdown system at least once every month to verify that it will detect 
diversions of flow and shut down the coating operation.
    (2) If any bypass line is opened and there was a deviation from the 
applicable emission limitation, you must include a description of why 
the bypass line was opened and the length of time it remained open in 
the semiannual compliance reports required in Sec. 63.4720.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section:
    (1) For a thermal oxidizer, install a gas temperature monitor in the 
firebox of the thermal oxidizer or in the duct immediately downstream of 
the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, you must install a gas temperature 
monitor in the gas stream immediately before the catalyst bed, and if 
you established operating limits according to Sec. 63.4767(b)(1) and 
(2), also install a gas temperature monitor in the gas stream 
immediately after the catalyst bed.
    (i) If you establish operating limits according to Sec. 
63.4767(b)(1) and (2), then you must install the gas temperature 
monitors both upstream and downstream of the catalyst bed. The 
temperature monitors must be in the gas stream immediately before and 
after the catalyst bed to measure the temperature difference across the 
bed.
    (ii) If you establish operating limits according to Sec. 
63.4767(b)(3) and (4), then you must install a gas temperature monitor 
upstream of the catalyst bed. The temperature monitor must be in the gas 
stream immediately before the catalyst bed to measure the temperature.
    (3) For all thermal oxidizers and catalytic oxidizers, you must meet 
the requirements in paragraphs (a) and (c)(3)(i) through (vii) of this 
section for each gas temperature monitoring device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must 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 30 degrees Fahrenheit of the process temperature sensor reading.

[[Page 1012]]

    (vi) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature range 
or install a new temperature sensor.
    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing gas 
(e.g., steam or nitrogen) mass flow for each regeneration cycle, the 
carbon bed temperature after each regeneration and cooling cycle, and 
comply with paragraphs (a)(3) through (5) and (d)(1) and (2) of this 
section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must have a measurement 
sensitivity of 1 percent of the temperature recorded or 1 degree 
Fahrenheit, whichever is greater, and must be capable of recording the 
temperature within 15 minutes of completing any carbon bed cooling 
cycle.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The gas temperature monitor must have a measurement sensitivity 
of 1 percent of the temperature recorded or 1 degree Fahrenheit, 
whichever is greater.
    (2) The temperature monitor must provide a gas temperature record at 
least once every 15 minutes.
    (f) Concentrators. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must comply with 
the requirements in paragraphs (f)(1) and (2) of this section.
    (1) You must install a temperature monitor in the desorption gas 
stream. The temperature monitor must meet the requirements in paragraphs 
(a) and (c)(3) of this section.
    (2) You must install a device to monitor pressure drop across the 
zeolite wheel or rotary carbon bed. The pressure monitoring device must 
meet the requirements in paragraphs (a) and (f)(2)(i) through (vii) of 
this section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Use a gauge with a minimum tolerance of 0.5 inch of water or a 
transducer with a minimum tolerance of 1 percent of the pressure range.
    (iv) Check the pressure tap daily.
    (v) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (vi) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vii) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.
    (g) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (g)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the requirements 
in paragraphs (a) and (g)(1)(i) through (iv) of this section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iii) Conduct a flow sensor calibration check at least semiannually.
    (iv) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (g)(2)(i) through (vi) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the

[[Page 1013]]

pressure drop across each opening you are monitoring.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Check pressure tap pluggage daily.
    (iv) Using an inclined manometer with a measurement sensitivity of 
0.0002 inch water, check gauge calibration quarterly and transducer 
calibration monthly.
    (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, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.

                   Other Requirements and Information



Sec. 63.4780  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 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 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 listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the work practice standards under 
Sec. 63.4693.
    (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 changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.



Sec. 63.4781  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:
    Add-on control means an air pollution control device, such as a 
thermal oxidizer or carbon adsorber, that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.
    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together.
    Block average is an average of data points collected over any 
specified, continuous 180-minute block of time (e.g., a 3-hour block 
could be noon to 3 p.m., with a subsequent total of eight 3-hour blocks 
within a 24-hour period).
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to collect 
emissions generated by a coating operation in the use of coatings or 
cleaning materials, both at the point of application and at subsequent 
points where emissions from the coatings or cleaning materials occur, 
such as flashoff, drying, or curing. As used in this subpart, multiple 
capture devices that collect emissions generated by a coating operation 
are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting), from a substrate before or after coating application 
or from equipment associated with a coating operation, such as spray 
booths, spray guns, racks, tanks, and hangers. Thus, it includes any 
cleaning material used on substrates or equipment or both.

[[Page 1014]]

    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, caulks, inks, adhesives, and maskants. 
Decorative, protective, or functional materials that consist only of 
protective oils for metal, acids, bases, or any combination of these 
substances are not considered coatings for the purposes of this subpart.
    Coating operation means equipment used to apply cleaning materials 
to a substrate to prepare it for coating application or to remove dried 
coating (surface preparation), to apply coating to a substrate (coating 
application) and to dry or cure the coating after application, or to 
clean coating operation equipment (equipment cleaning). A single coating 
operation may include any combination of these types of equipment, but 
always includes at least the point at which a coating or cleaning 
material is applied and all subsequent points in the affected source 
where organic HAP emissions from that coating or cleaning material 
occur. There may be multiple coating operations in an affected source. 
Coating application with hand-held nonrefillable aerosol containers, 
touchup markers, or marking pens is not a coating operation for the 
purposes of this subpart.
    Coating solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system (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 coating operation, or 
capture system, or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    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 limit, or 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) On and after September 3, 2019, fails to meet any emission 
limit, or operating limit, or work practice standard in this subpart 
during SSM.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Enclosure means a structure that surrounds a source of emissions and 
captures and directs the emissions to an add-on control device.
    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds are 
listed in 40 CFR 51.100(s).
    Finished wood product means any wood building product to which a 
protective, decorative, or functional layer has been applied. Materials 
used include, but are not limited to, paints, stains, sealers, topcoats, 
basecoats, primers, enamels, inks, and adhesives.
    Laminated wood product means any wood building product to which a 
protective, decorative, or functional layer has been bonded with an 
adhesive. Products that are produced by bonding layers to the substrate 
as a part of the substrate manufacturing process (prior to pressing) are 
not considered laminated products under this subpart.
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material with the test methods specified in 
Sec. 63.4741. Manufacturer's formulation data may include, but are not 
limited to, information on density, organic HAP content, volatile 
organic matter content, and coating solids content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as 
grams of organic HAP per gram of material.

[[Page 1015]]

    Millwork means lumber that has been remanufactured into a wood 
building product or component such as door, window, and staircase 
part(s), or decorative trim.
    Month means a calendar month or a pre-specified period of 28 days to 
35 days to allow for flexibility in recordkeeping when data are based on 
a business accounting period.
    Organic HAP content means the mass of organic HAP per volume of 
coating solids for a coating calculated using Equation 2 of Sec. 
63.4741. The organic HAP content is determined for the coating in the 
condition it is in when received from its manufacturer or supplier and 
does not account for any alteration after receipt.
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and is not engaged in the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Startup, initial means the first time equipment is brought online in 
a source.
    Surface preparation means use of a cleaning material on a portion of 
or all of a substrate. This includes use of a cleaning material to 
remove dried coating, which is sometimes called ``depainting.''
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from a 
given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Tileboard means hardboard that meets the specifications for Class I 
given by the standard ANSI A135.4-2012 (incorporated by reference, see 
Sec. 63.14) as approved by the American National Standards Institute. 
The standard specifies requirements and test methods for water 
absorption, thickness swelling, modulus of rupture, tensile strength, 
surface finish, dimensions, squareness, edge straightness, and moisture 
content for five classes of hardboard. Tileboard is also known as Class 
I hardboard or tempered hardboard.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through 204F of appendix M to 40 CFR part 51 and substituting 
the term TVH each place in the methods where the term VOC is used. The 
TVH includes both VOC and non-VOC.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission capture 
system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC in 
40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating; liters of coating solids per liter of coating.
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or discharged.
    Wood building product means any product that contains more than 50 
percent by weight wood or wood fiber, excluding the weight of any glass 
components, and is used in the construction, either interior or 
exterior, of a residential, commercial, or institutional building.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7704, Mar. 4, 2019]

[[Page 1016]]



  Sec. Table 1 to Subpart QQQQ of Part 63--Emission Limits for New or 
                     Reconstructed Affected Sources

    You must comply with the emission limits that apply to your affected 
source in the following table as required by Sec. 63.4690.

------------------------------------------------------------------------
                                    Then, the organic HAP emission limit
  If the affected source applies      for the affected source, in grams
    coating to products in the          HAP/liter solids (lb HAP/gal
    following subcategory. . .                solids)\1 2\ is:
------------------------------------------------------------------------
1. Exterior siding and primed       0 (0.00)
 doorskins.
2. Flooring.......................  0 (0.00)
3. Interior wall paneling or        5 (0.04)
 tileboard.
4. Other interior panels..........  0 (0.00)
5. Doors, windows, and              57 (0.48)
 miscellaneous.
------------------------------------------------------------------------
\1\ Determined as a rolling 12-month emission rate according to the
  requirements in Sec. 63.4741, Sec. 63.4751, or Sec. 63.4761, as
  applicable.
\2\ If the affected source applies coatings to products in more than one
  of the subcategories listed in the table, then you must determine the
  applicable emission limit according to Sec. 63.4690(c).



 Sec. Table 2 to Subpart QQQQ of Part 63--Emission Limits for Existing 
                            Affected Sources

    You must comply with the emission limits that apply to your affected 
source in the following table as required by Sec. 63.4690.

----------------------------------------------------------------------------------------------------------------
                                                                        Then, the organic HAP emission limit for
 If the affected source applies coating to products in the following    the affected source, in grams HAP/liter
                           subcategory. . .                               solids (lb HAP/gal solids) \1 2\ is:
----------------------------------------------------------------------------------------------------------------
1. Exterior siding and primed doorskins..............................                                  7 (0.06)
2. Flooring..........................................................                                 93 (0.78)
3. Interior wall paneling or tileboard...............................                                183 (1.53)
4. Other interior panels.............................................                                 20 (0.17)
5. Doors, windows, and miscellaneous.................................                                231 (1.93)
----------------------------------------------------------------------------------------------------------------
\1\ Determined as a rolling 12-month emission rate according to the requirements in Sec. 63.4741, Sec.
  63.4751, or Sec. 63.4761, as applicable.
\2\ If the affected source applies coatings to products in more than one of the subcategories listed in the
  table, then you must determine the applicable emission limit according to Sec. 63.4690(c).



 Sec. Table 3 to Subpart QQQQ of Part 63--Operating Limits if Using the 
                Emission Rate With Add-On Controls Option

    If you are required to comply with operating limits by Sec. 
63.4692, you must comply with the applicable operating limits in the 
following table:

------------------------------------------------------------------------
                                                         And you must
                                   You must meet the      demonstrate
                                       following          continuous
 For the following device . . .    operating limit .    compliance with
                                          . .            the operating
                                                        limit by . . .
------------------------------------------------------------------------
1. Thermal oxidizer.............  a. The average      i. Collecting the
                                   combustion          combustion
                                   temperature in      temperature data
                                   any 3-hour period   according to Sec.
                                   must not fall         63.4768(c);
                                   below the          ii. Reducing the
                                   combustion          data to 3-hour
                                   temperature limit   block averages;
                                   established         and
                                   according to Sec. iii. Maintaining
                                     63.4767(a).       the 3-hour block
                                                       average
                                                       combustion
                                                       temperature at or
                                                       above the
                                                       temperature
                                                       limit.
2. Catalytic oxidizer...........  a. The average      i. Collecting the
                                   temperature         temperature data
                                   difference          according to Sec.
                                   measured across       63.4768(c);
                                   the catalyst bed   ii. Reducing the
                                   in any 3-hour       data to 3-hour
                                   period must not     block averages;
                                   fall below the      and
                                   limit established  iii. Maintaining
                                   according to Sec. the 3-hour block
                                     63.4767(b); or    temperature
                                                       difference across
                                                       the catalyst bed
                                                       at or above the
                                                       temperature
                                                       limit.
                                  b. Ensure that the  i. Collecting the
                                   inlet temperature   temperature data
                                   of the catalyst     according to Sec.
                                   bed in any 3-hour     63.4768(c),
                                   period does not     reducing the data
                                   fall below the      to 3-hour block
                                   temperature limit   averages, and
                                   established         maintaining the 3-
                                   according to Sec. hour average
                                     63.4767(b)(2)     temperature at or
                                   and develop and     above the
                                   implement an        temperature
                                   inspection and      limit; and
                                   maintenance plan   ii. Complying with
                                   according to Sec. the inspection
                                     63.4767(b)(3)     and maintenance
                                   and (4).            plan developed
                                                       according to Sec.
                                                         63.4767(b)(3)
                                                       and (4).

[[Page 1017]]

 
3. Carbon absorber..............  a. The total        i. Measuring the
                                   regeneration        total
                                   desorbing gas       regeneration
                                   (e.g., steam or     desorbing gas
                                   nitrogen) mass      (e.g., steam or
                                   flow for each       nitrogen) mass
                                   carbon bed          flow for each
                                   regeneration        regeneration
                                   cycle must not      cycle according
                                   fall below the      to Sec.
                                   total               63.4768(d); and
                                   regeneration       ii. Maintaining
                                   desorbing gas       the total
                                   mass flow limit     regeneration
                                   established         desorbing gas
                                   according to Sec. mass flow at or
                                     63.4767(c).       above the mass
                                                       flow limit.
                                  b. The temperature  i. Measuring the
                                   of the carbon       temperature of
                                   bed, after          the carbon bed,
                                   completing each     after completing
                                   regeneration and    each regeneration
                                   any cooling         and any cooling
                                   cycle, must not     cycle, according
                                   exceed the carbon   to Sec.
                                   bed temperature     63.4768(d); and
                                   limit established  ii. Operating and
                                   according to Sec. carbon beds such
                                     63.4767(c).       that each carbon
                                                       bed is not
                                                       returned to
                                                       service until
                                                       completing each
                                                       regeneration and
                                                       any cooling cycle
                                                       until the
                                                       recorded
                                                       temperature of
                                                       the carbon bed is
                                                       at or below the
                                                       temperature
                                                       limit.
4. Condenser....................  a. The average      i. Collecting the
                                   condenser outlet    condenser outlet
                                   (product side)      (product side)
                                   gas temperature     gas temperature
                                   in any 3-hour       according to Sec.
                                   period must not       63.4768(e);
                                   exceed the         ii. Reducing the
                                   temperature limit   data to 3-hour
                                   established         block averages;
                                   according to Sec. and
                                     63.4767(d).      iii. Maintaining
                                                       the 3-hour block
                                                       average gas
                                                       temperature at
                                                       the outlet at or
                                                       below the
                                                       temperature
                                                       limit.
5. Emission capture system that   a. The direction    i. Collecting the
 is a PTE according to Sec. of the air flow     direction of the
 63.4765(a).                       at all times must   air flow; and
                                   be into the         either the facial
                                   enclosure; and      velocity of air
                                   either.             through all
                                                       natural draft
                                                       openings
                                                       according to Sec.
                                                         63.4768(g)(1)
                                                       or the pressure
                                                       drop across the
                                                       enclosure
                                                       according to Sec.
                                                         63.4768(g)(2);
                                                       and
                                                      ii. Maintaining
                                                       the facial
                                                       velocity of air
                                                       flow through all
                                                       natural draft
                                                       openings or the
                                                       pressure drop at
                                                       or above the
                                                       facial velocity
                                                       limit or pressure
                                                       drop limit, and
                                                       maintaining the
                                                       direction of air
                                                       flow into the
                                                       enclosure at all
                                                       times.
                                  b. The average      i. See items 5.a.i
                                   facial velocity     and 5.a.ii.
                                   of air through
                                   all natural draft
                                   openings in the
                                   enclosure must be
                                   at least 200 feet
                                   per minute; or
                                  c. The pressure     i. See items 5.a.i
                                   drop across the     and 5.a.ii.
                                   enclosure must be
                                   at least 0.007
                                   inch H2O, as
                                   established in
                                   Method 204 of
                                   appendix M to 40
                                   CFR part 51.
6. Emission capture system that   a. The average gas  i. Collecting the
 is not a PTE according to Sec. volumetric flow     gas volumetric
  63.4765(a).                      rate or duct        flow gas or duct
                                   static pressure     static pressure
                                   in each duct        for each capture
                                   between a capture   device according
                                   device and add-on   to Sec.
                                   control device      63.4768(g);
                                   inlet in any 3-    ii. Reducing the
                                   hour period must    data to 3-hour
                                   not fall below      block averages;
                                   the average         and
                                   volumetric flow    iii. Maintaining
                                   rate or duct        the 3-hour block
                                   static pressure     average gas
                                   limit established   volumetric flow
                                   for that capture    rate or duct
                                   device according    static pressure
                                   to Sec. for each capture
                                   63.4767(f).         device at or
                                                       above the gas
                                                       volumetric flow
                                                       rate or duct
                                                       static pressure
                                                       limit
7. Concentrators, including       The average gas     i. Collecting the
 zeolite wheels and rotary         temperature of      temperature data
 carbon absorbers.                 the desorption      according to Sec.
                                   concentrate           63.4768(f);
                                   stream in any 3-   ii. Reducing the
                                   hour period must    data to 3-hour
                                   not fall below      block averages;
                                   the limit           and
                                   established        iii. Maintaining
                                   according to Sec. the 3-hour block
                                     63.4767(e); and   average
                                                       temperature at or
                                                       above the
                                                       temperature
                                                       limit.
                                  b. The average      i. Collecting the
                                   pressure drop of    pressure drop
                                   the dilute stream   data according to
                                   across the          Sec.
                                   concentrator in     63.4768(f); and
                                   any 3-hour period  ii. Reducing the
                                   must not exceed     pressure drop
                                   the limit           data to 3-hour
                                   established         block averages;
                                   according to Sec. and
                                     63.4767(e).      iii. Maintaining
                                                       the 3-hour block
                                                       average pressure
                                                       drop at or below
                                                       at the pressure
                                                       drop limit.
------------------------------------------------------------------------


[[Page 1018]]



   Sec. Table 4 to Subpart QQQQ of Part 63--Applicability of General 
                  Provisions to Subpart QQQQ of Part 63

    You must comply with the applicable General Provisions requirements 
according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                     Applicable to
               Citation                          Subject              subpart QQQQ            Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(14)................  General Applicability...  Yes................
Sec. 63.1(b)(1)-(3).................  Initial Applicability     Yes................  Applicability to subpart
                                         Determination.                                 QQQQ is also specified
                                                                                        in Sec. 63.4681.
Sec. 63.1(c)(1).....................  Applicability After       Yes................
                                         Standard Established.
Sec. 63.1(c)(2).....................  Applicability of Permit   No.................  Area sources are not
                                         Program for Area                               subject to subpart QQQQ.
                                         Sources.
Sec. 63.1(c)(3).....................  [Reserved]..............  No.................
Sec. 63.1(c)(4)-(5).................  Extensions and            Yes................
                                         Notifications.
Sec. 63.1(c)(6).....................  Reclassification........  Yes................
Sec. 63.1(d)........................  [Reserved]..............  No.................
Sec. 63.1(e)........................  Applicability of Permit   Yes................
                                         Program Before Relevant
                                         Standard is Set.
Sec. 63.2...........................  Definitions.............  Yes................  Additional definitions
                                                                                        are specified in Sec.
                                                                                        63.4781.
Sec. 63.3(a)-(c)....................  Units and Abbreviations.  Yes................
Sec. 63.4(a)(1)-(5).................  Prohibited Activities...  Yes................
Sec. 63.4(b)-(c)....................  Circumvention/            Yes................
                                         Severability.
Sec. 63.5(a)........................  Construction/             Yes................
                                         Reconstruction.
Sec. 63.5(b)(1)-(6).................  Requirements for          Yes................
                                         Existing, Newly
                                         Constructed, and
                                         Reconstructed Sources.
Sec. 63.5(c)........................  [Reserved]..............  No.................
Sec. 63.5(d)........................  Application for Approval  Yes................
                                         of Construction/
                                         Reconstruction.
Sec. 63.5(e)........................  Approval of Construction/ Yes................
                                         Reconstruction.
Sec. 63.5(f)........................  Approval of Construction/ Yes................
                                         Reconstruction Based on
                                         Prior State Review.
Sec. 63.6(a)........................  Compliance With           Yes................
                                         Standards and
                                         Maintenance
                                         Requirements--Applicabi
                                         lity.
Sec. 63.6(b)(1)-(7).................  Compliance Dates for New  Yes................  Sec. 63.4683 specifies
                                         and Reconstructed                              compliance dates.
                                         Sources.
Sec. 63.6(c)(1)-(5).................  Compliance Dates for      Yes................  Sec. 63.4683 specifies
                                         Existing Sources.                              compliance dates.
Sec. 63.6(d)........................  [Reserved]..............  No.................
Sec. 63.6(e)(1)(i)..................  General Duty to Minimize  No.................  See Sec. 63.4700(b) for
                                         Emissions.                                     general duty
                                                                                        requirement.
Sec. 63.6(e)(1)(ii).................  Requirement to Correct    No.................
                                         Malfunctions ASAP.
Sec. 63.6(e)(1)(iii)................  Operation and             Yes................
                                         Maintenance
                                         Requirements
                                         Enforceable Independent
                                         of Emissions
                                         Limitations.
Sec. 63.6(e)(2).....................  [Reserved]..............  No.................
Sec. 63.6(e)(3).....................  SSMP....................  No.................
Sec. 63.6(f)(1).....................  Compliance Except During  No.................
                                         SSM.
Sec. 63.6(f)(2)-(3).................  Methods for Determining   Yes................
                                         Compliance.
Sec. 63.6(g)(1)-(3).................  Use of an Alternative     Yes................
                                         Standard.
Sec. 63.6(h)........................  Compliance with Opacity/  No.................  Subpart QQQQ does not
                                         Visible Emissions                              establish opacity
                                         Standards.                                     standards and does not
                                                                                        require continuous
                                                                                        opacity monitoring
                                                                                        systems (COMS).
Sec. 63.6(i)(1)-(16)................  Extension of Compliance.  Yes................
Sec. 63.6(j)........................  Presidential Compliance   Yes................
                                         Exemption.
Sec. 63.7(a)(1).....................  Performance Test          Yes................  Applies to all affected
                                         Requirements--Applicabi                        sources. Additional
                                         lity.                                          requirements for
                                                                                        performance testing are
                                                                                        specified in Sec. Sec.
                                                                                         63.4751, 63.4752,
                                                                                        63.4764, 63.4765, and
                                                                                        63.4766.

[[Page 1019]]

 
Sec. 63.7(a)(2).....................  Performance Test          Yes................  Applies only to
                                         Requirements--Dates.                           performance tests for
                                                                                        capture system and
                                                                                        control device
                                                                                        efficiency at sources
                                                                                        using these to comply
                                                                                        with the standard. Sec.
                                                                                         63.4760 specifies the
                                                                                        schedule for performance
                                                                                        test requirements that
                                                                                        are earlier than those
                                                                                        specified in Sec.
                                                                                        63.7(a)(2).
Sec. 63.7(a)(3).....................  Performance Tests         Yes................
                                         Required By the
                                         Administrator.
Sec. 63.7(a)(4).....................  Notification of Delay in  Yes................
                                         Performance Testing Due
                                         to Force Majeure.
Sec. 63.7(b)-(d)....................  Performance Test          Yes................  Applies only to
                                         Requirements--Notificat                        performance tests for
                                         ion, Quality Assurance,                        capture system and add-
                                         Facilities Necessary                           on control device
                                         for Safe Testing,                              efficiency at sources
                                         Conditions During Test.                        using these to comply
                                                                                        with the standard.
Sec. 63.7(e)(1).....................  Performance Testing.....  Yes................
Sec. 63.7(f)........................  Performance Test          Yes................  Applies to all test
                                         Requirements--Use of                           methods except those
                                         Alternative Test Method.                       used to determine
                                                                                        capture system
                                                                                        efficiency.
Sec. 63.7(g)-(h)....................  Performance Test          Yes................  Applies only to
                                         Requirements--Data                             performance tests for
                                         Analysis,                                      capture system and add-
                                         Recordkeeping,                                 on control device
                                         Reporting, Waiver of                           efficiency at sources
                                         Test.                                          using these to comply
                                                                                        with the standard.
Sec. 63.8(a)(1)-(2).................  Monitoring Requirements-- Yes................  Applies only to
                                         Applicability.                                 monitoring of capture
                                                                                        system and add-on
                                                                                        control device
                                                                                        efficiency at sources
                                                                                        using these to comply
                                                                                        with the standard.
                                                                                        Additional requirements
                                                                                        for monitoring are
                                                                                        specified in Sec.
                                                                                        63.4768.
Sec. 63.8(a)(3).....................  [Reserved]..............  No.................
Sec. 63.8(a)(4).....................  Additional Monitoring     No.................  Subpart QQQQ does not
                                         Requirements.                                  have monitoring
                                                                                        requirements for flares.
Sec. 63.8(b)........................  Conduct of Monitoring...  Yes................
Sec. 63.8(c)(1).....................  Continuous Monitoring     Yes................  Applies only to
                                         System (CMS) Operation                         monitoring of capture
                                         and Maintenance.                               system and add-on
                                                                                        control device
                                                                                        efficiency at sources
                                                                                        using these to comply
                                                                                        with the standard.
                                                                                        Additional requirements
                                                                                        for CMS operations and
                                                                                        maintenance are
                                                                                        specified in Sec.
                                                                                        63.4768.
Sec. 63.8(c)(1)(i)..................  General Duty to Minimize  No.................
                                         Emissions and CMS
                                         Operation.
Sec. 63.8(c)(1)(ii).................  Operation and             Yes................
                                         Maintenance of CMS.
Sec. 63.8(c)(1)(iii)................  Requirement to Develop    No.................
                                         SSM Plan for CMS.
Sec. 63.8(c)(2)-(3).................  Monitoring System         Yes................
                                         Installation.
Sec. 63.8(c)(4).....................  CMSs....................  No.................  Sec. 63.4768 specifies
                                                                                        the requirements for the
                                                                                        operation of CMS for
                                                                                        capture systems and add-
                                                                                        on control devices at
                                                                                        sources using these to
                                                                                        comply.
Sec. 63.8(c)(5).....................  COMS....................  No.................  Subpart QQQQ does not
                                                                                        have opacity for visible
                                                                                        emission standards.
Sec. 63.8(c)(6).....................  CMS Requirements........  Yes................  Sec. 63.4768 specifies
                                                                                        the requirements for
                                                                                        monitoring systems for
                                                                                        capture systems and add-
                                                                                        on control devices at
                                                                                        sources using these to
                                                                                        comply.
Sec. 63.8(c)(7).....................  CMS Out-of-Control        Yes................
                                         Periods.
Sec. 63.8(c)(8).....................  CMS Out-of-Control        No.................  Sec. 63.4720 requires
                                         Periods Reporting.                             reporting of CMS out-of-
                                                                                        control periods.
Sec. 63.8(d)-(e)....................  Quality Control Program   No.................  Subpart QQQQ does not
                                         and CMS Performance                            require the use of
                                         Evaluation.                                    continuous emissions
                                                                                        monitoring systems.
Sec. 63.8(f)(1)-(5).................  Use of an Alternative     Yes................
                                         Monitoring Method.
Sec. 63.8(f)(6).....................  Alternative to Relative   No.................  Subpart QQQQ does not
                                         Accuracy Test.                                 require the use of
                                                                                        continuous emissions
                                                                                        monitoring systems.
Sec. 63.8(g)(1)-(5).................  Data Reduction..........  No.................  Sec. Sec. 63.4767 and
                                                                                        63.4768 specify
                                                                                        monitoring data
                                                                                        reduction.
Sec. 63.9(a)-(d)....................  Notification              Yes................
                                         Requirements.
Sec. 63.9(e)........................  Notification of           Yes................  Applies only to capture
                                         Performance Test.                              system and add-on
                                                                                        control device
                                                                                        performance tests at
                                                                                        sources using these to
                                                                                        comply with the
                                                                                        standard.

[[Page 1020]]

 
Sec. 63.9(f)........................  Notification of Visible   No.................  Subpart QQQQ does not
                                         Emissions/Opacity Test.                        have opacity or visible
                                                                                        emission standards.
Sec. 63.9(g)(1)-(3).................  Additional Notifications  No.................  Subpart QQQQ does not
                                         When Using CMS.                                require the use of
                                                                                        continuous emissions
                                                                                        monitoring systems.
Sec. 63.9(h)........................  Notification of           Yes................  Sec. 63.4710 specifies
                                         Compliance Status.                             the dates for submitting
                                                                                        the Notification of
                                                                                        Compliance Status.
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).......................  Recordkeeping/Reporting-- Yes................
                                         Applicability and
                                         General Information.
Sec. 63.10(b)(1)....................  General Recordkeeping     Yes................  Additional requirements
                                         Requirements.                                  are specified in Sec.
                                                                                        Sec. 63.4730 and
                                                                                        63.4731.
Sec. 63.10(b)(2)(i)-(ii)............  Recordkeeping of          No.................
                                         Occurrence and Duration
                                         of Startups and
                                         Shutdowns.
Sec. 63.10(b)(2)(iii)...............  Recordkeeping Relevant    Yes................
                                         to CMS.
Sec. 63.10(b)(2)(iv)-(v)............  Recordkeeping Relevant    No.................
                                         to SSM.
Sec. 63.10(b)(2)(vi)-(xi)...........  Recordkeeping for CMS     Yes................
                                         Malfunctions.
Sec. 63.10(b)(2)(xii)...............  Records.................  Yes................
Sec. 63.10(b)(2)(xiii)..............  ........................  No.................  Subpart QQQQ does not
                                                                                        require the use of
                                                                                        continuous emissions
                                                                                        monitoring systems.
Sec. 63.10(b)(2)(xiv)...............  ........................  Yes................
Sec. 63.10(b)(3)....................  Recordkeeping             Yes................
                                         Requirements for
                                         Applicability
                                         Determinations.
Sec. 63.10(c)(1)-(6)................  Additional Recordkeeping  Yes................
                                         Requirements for
                                         Sources with CMS.
Sec. 63.10(c)(7)-(8)................  ........................  No.................  The same records are
                                                                                        required in Sec.
                                                                                        63.4720(a)(7).
Sec. 63.10(c)(9)-(14)...............  ........................  Yes................
Sec. 63.10(c)(15)...................  Use of SSM Plan.........  No.................
Sec. 63.10(d)(1)....................  General Reporting         Yes................  Additional requirements
                                         Requirements.                                  are specified in Sec.
                                                                                        63.4720.
Sec. 63.10(d)(2)....................  Report of Performance     Yes................  Additional requirements
                                         Test Results.                                  are specified in Sec.
                                                                                        63.4720(b).
Sec. 63.10(d)(3)....................  Reporting Opacity or      No.................  Subpart QQQQ does not
                                         Visible Emissions                              require opacity or
                                         Observations.                                  visible emissions
                                                                                        observations.
Sec. 63.10(d)(4)....................  Progress Reports for      Yes................
                                         Sources With Compliance
                                         Extensions.
Sec. 63.10(d)(5)....................  SSM Reports.............  No.................  Malfunctions shall be
                                                                                        reported based on
                                                                                        compliance option under
                                                                                        Sec. 63.4720(a)(5-7).
Sec. 63.10(e)(1)-(2)................  Additional CMS Reports..  No.................  Subpart QQQQ does not
                                                                                        require the use of
                                                                                        continuous emissions
                                                                                        monitoring systems.
Sec. 63.10(e)(3)....................  Excess Emissions/CMS      No.................  Sec. 63.4720(b)
                                         Performance Reports.                           specifies the contents
                                                                                        of periodic compliance
                                                                                        reports.
Sec. 63.10(e)(4)....................  COMS Data Reports.......  No.................  Subpart QQQQ does not
                                                                                        specify requirements for
                                                                                        opacity or COMS.
Sec. 63.10(f).......................  Recordkeeping/Reporting   Yes................
                                         Waiver.
Sec. 63.11..........................  Control Device            No.................  Subpart QQQQ does not
                                         Requirements/Flares.                           specify use of flares
                                                                                        for compliance.
Sec. 63.12..........................  State Authority and       Yes................
                                         Delegations.
Sec. 63.13..........................  Addresses...............  Yes................
Sec. 63.14..........................  Incorporation by          Yes................  Test Methods ANSI A135.4-
                                         Reference.                                     2012, ANSI/ASME PTC
                                                                                        19.10-1981, Part 10,
                                                                                        ASTM D1475-13, ASTM
                                                                                        D2111-10 (Reapproved
                                                                                        2015), ASTM D2369-10
                                                                                        (Reapproved 2015) \e\,
                                                                                        ASTM D2697-03
                                                                                        (Reapproved 2014), ASTM
                                                                                        D4840-99 (2018) \e\,
                                                                                        ASTM D6093-97
                                                                                        (Reapproved 2016), ASTM
                                                                                        D6348-03 (Reapproved
                                                                                        2010) and NCASI Method
                                                                                        ISS/FP A105.01
                                                                                        (incorporated by
                                                                                        reference, see Sec.
                                                                                        63.14).

[[Page 1021]]

 
Sec. 63.15..........................  Availability of           Yes................
                                         Information/
                                         Confidentiality.
Sec. 63.16..........................  Requirements for          Yes................
                                         Performance Track
                                         Member Facilities.
----------------------------------------------------------------------------------------------------------------


[84 FR 7705, Mar. 4, 2019, as amended at 85 FR 73908, Nov. 19, 2020]




   Sec. Table 5 to Subpart QQQQ of Part 63--Default Organic HAP Mass 
                Fraction for Solvents and Solvent Blends

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data.

----------------------------------------------------------------------------------------------------------------
                                                                    Average
             Solvent/solvent blend                 CAS. No.       organic HAP    Typical organic HAP, percent by
                                                                 mass fraction                mass
----------------------------------------------------------------------------------------------------------------
1. Toluene....................................        108-88-3           1.0    Toluene.
2. Xylene(s)..................................       1330-20-7           1.0    Xylenes, ethylbenzene.
3. Hexane.....................................        110-54-3           0.5    n-hexane.
4. n-Hexane...................................        110-54-3           1.0    n-hexane.
5. Ethylbenzene...............................        100-41-4           1.0    Ethylbenzene.
6. Aliphatic 140..............................  ..............           0      None.
7. Aromatic 100...............................  ..............           0.02   1% xylene, 1% cumene.
8. Aromatic 150...............................  ..............           0.09   Naphthalene.
9. Aromatic naphtha...........................      64742-95-6           0.02   1% xylene, 1% cumene.
10. Aromatic solvent..........................      64742-94-5           0.1    Naphthalene.
11. Exempt mineral spirits....................       8032-32-4           0      None.
12. Ligroines (VM & P)........................       8032-32-4           0      None.
13. Lactol spirits............................      64742-89-6           0.15   Toluene.
14. Low aromatic white spirit.................      64742-82-1           0      None.
15. Mineral spirits...........................      64742-88-7           0.01   Xylenes.
16. Hydrotreated naphtha......................      64742-48-9           0      None.
17. Hydrotreated light distillate.............      64742-47-8           0.001  Toluene.
18. Stoddard solvent..........................       8052-41-3           0.01   Xylenes.
19. Super high-flash naphtha..................      64742-95-6           0.05   Xylenes.
20. Varsol [supreg] solvent...................       8052-49-3           0.01   0.5% xylenes, 0.5% ethylbenzene.
21. VM & P naphtha............................      64742-89-8           0.06   3% toluene, 3% xylene.
22. Petroleum distillate mixture..............      68477-31-6           0.08   4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------





   Sec. Table 6 to Subpart QQQQ of Part 63--Default Organic HAP Mass 
                Fraction for Petroleum Solvent Groups \a\

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data.

------------------------------------------------------------------------
                                        Average
           Solvent type               organic HAP   Typical organic HAP,
                                     mass fraction     percent by mass
------------------------------------------------------------------------
Aliphatic \b\.....................            0.03  1% xylene, 1%
                                                     toluene, and 1%
                                                     ethylbenzene.
Aromatic \c\......................            0.06  4% xylene, 1%
                                                     toluene, and 1%
                                                     ethylbenzene.
------------------------------------------------------------------------
\a\ Use this table only if the solvent blend does not match any of the
  solvent blends in Table 5 to this subpart and you only know whether
  the blend is aliphatic or aromatic.
\b\ E.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed
  Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol
  Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent
  Naphtha, Solvent Blend.
\c\ E.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha,
  Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic
  Hydrocarbons, Light Aromatic Solvent.





   Sec. Table 7 to Subpart QQQQ of Part 63--List of HAP That Must Be 
Counted Toward 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

[[Page 1022]]

 
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
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

[[Page 1023]]

 
Trifluralin.............................................       1582-09-8
Vinyl bromide...........................................        593-60-2
Vinyl chloride..........................................         75-01-4
Vinylidene chloride.....................................         75-35-4
------------------------------------------------------------------------


[88 FR 14287, Mar. 8, 2023]



 Subpart RRRR_National Emission Standards for Hazardous Air Pollutants: 
                   Surface Coating of Metal Furniture

    Source: 68 FR 28619, May 23, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.4880  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for metal furniture surface coating facilities. 
This subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations.



Sec. 63.4881  Am I subject to this subpart?

    (a) Except as provided in paragraph (c) of this section, the source 
category to which this subpart applies is surface coating of metal 
furniture.
    (1) Surface coating is the application of coatings to a substrate 
using, for example, spray guns or dip tanks.
    (2) Metal furniture means furniture or components of furniture 
constructed either entirely or partially from metal. Metal furniture 
includes, but is not limited to, components of the following types of 
products as well as the products themselves: household, office, 
institutional, laboratory, hospital, public building, restaurant, barber 
and beauty shop, and dental furniture; office and store fixtures; 
partitions; shelving; lockers; lamps and lighting fixtures; and 
wastebaskets.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source as defined in Sec. 63.4882, 
in the source category defined in paragraph (a) of this section, and 
that is a major source, is located at a major source, or is part of a 
major source of emissions of hazardous air pollutants (HAP). 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 any single HAP at a rate of 9.07 
megagrams (Mg) (10 tons) or more per year or any combination of HAP at a 
rate of 22.68 Mg (25 tons) or more per year.
    (c) This subpart does not apply to surface coating that meets any of 
the criteria of paragraphs (c)(1) through (6) of this section.
    (1) Surface coating conducted at an affected source that uses only 
coatings, thinners, and cleaning materials that contain no organic HAP.
    (2) Surface coating of metal components of wood furniture conducted 
in an operation that is subject to the wood furniture manufacturing 
NESHAP in subpart JJ of this part.
    (3) Surface coating that occurs at research or laboratory facilities 
or that is part of janitorial, building, and facility maintenance 
operations.
    (4) Surface coating of only small items such as knobs, hinges, or 
screws that have a wider use beyond metal furniture are not subject to 
this subpart unless the surface coating occurs at an affected metal 
furniture source.
    (5) Surface coating of metal furniture conducted for the purpose of 
repairing or maintaining metal furniture used by a major source and not 
for commerce is not subject to this subpart, unless organic HAP 
emissions from the surface coating itself are as high as the rates 
specified in paragraph (b) of this section.
    (6) Surface coating of metal furniture performed on-site at 
installations owned or operated by the Armed Forces of the United States 
(including the Coast Guard and the National Guard of any State).

[[Page 1024]]



Sec. 63.4882  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source.
    (b) The affected source is the collection of all of the items listed 
in paragraphs (b)(1) through (4) of this section that are used for 
surface coating of metal furniture:
    (1) All coating operations as defined in Sec. 63.4981;
    (2) All storage containers and mixing vessels in which coatings, 
thinners, and cleaning materials are stored or mixed;
    (3) All manual and automated equipment and containers and all pumps 
and piping within the affected source used for conveying coatings, 
thinners, and cleaning materials; and
    (4) All storage containers, all pumps and piping, and all manual and 
automated equipment and containers within the affected source used for 
conveying waste materials generated by a coating operation.
    (c) An affected source is a new affected source if you commenced its 
construction after April 24, 2002, and the construction is of a 
completely new metal furniture surface coating facility where previously 
no metal furniture surface coating facility had existed.
    (d) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.



Sec. 63.4883  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source is 
specified in paragraphs (a) through (c) of this section. The compliance 
date begins the initial compliance period during which you conduct the 
initial compliance demonstration described in Sec. Sec. 63.4940, 
63.4950, and 63.4960.
    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section:
    (1) If the initial startup of your new or reconstructed affected 
source is before May 23, 2003, the compliance date is May 23, 2003.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after May 23, 2003, the compliance date is the date of 
initial startup of your affected source.
    (b) For an existing affected source, the compliance date is the date 
3 years after May 23, 2003.
    (c) For an area source that increases its emissions or its potential 
to emit such that it becomes a major source of HAP emissions, the 
compliance date is specified in paragraphs (c)(1) and (2) of this 
section.
    (1) For any portion of the source that becomes a new or 
reconstructed affected source subject to this subpart, the compliance 
date is the date of initial startup of the affected source or May 23, 
2003, whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or 3 years after May 23, 
2003, whichever is later.
    (d) You must meet the notification requirements in Sec. 63.4910 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

                          Emission Limitations



Sec. 63.4890  What emission limits must I meet?

    (a) For a new or reconstructed affected source, you must emit no 
organic HAP during each compliance period, determined according to the 
procedures in Sec. 63.4941.
    (b) Alternative emission limit. You may request approval from the 
Administrator to use an alternative new source emission limit for 
specific metal furniture components or type of components for which you 
believe the emission limit in paragraph (a) of this section cannot be 
achieved.
    (1) Any request to use an alternative emission limit under paragraph 
(b) of this section must contain specific information demonstrating why 
no organic HAP-free coating technology can be used on the metal 
furniture components. The request must be based on

[[Page 1025]]

objective criteria related to the performance or appearance requirements 
of the finished coating, which may include but is not limited to the 
criteria listed in paragraphs (b)(1)(i) through (viii) of this section.
    (i) Low dried film thickness requirements (e.g., less than 0.0254 
millimeters (0.001 inch)).
    (ii) Flexibility requirements for parts subject to repeated bending.
    (iii) Chemical resistance to withstand chemical exposure in 
environments such as laboratories.
    (iv) Resistance to the effects of exposure to ultraviolet light.
    (v) Adhesion characteristics related to the condition of the 
substrate.
    (vi) High gloss requirements.
    (vii) Custom colors such as matching the color of a corporate logo.
    (viii) Non-uniform surface finishes such as an antique appearance 
that requires visible cracking of the dried film.
    (2) If the request to use an alternative emission limit under 
paragraph (b) of this section is approved, the new source must meet an 
emission limit of 0.094 kilogram (kg) organic HAP per liter (kg/liter) 
(0.78 pounds per gallon (lb/gal)) coating solids used for only those 
components subject to the approval. All other metal furniture surface 
coating operations at the new source must meet the emission limit 
specified in paragraph (a) of this section. Until approval to use the 
alternative emission limit has been granted by the Administrator under 
this paragraph (b)(2), you must meet the emission limit specified in 
paragraph (a) of this section and all other applicable requirements in 
this subpart.
    (c) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere to no more than 0.10 kg organic HAP per 
liter (0.83 lb/gal) of coating solids used during each compliance 
period, determined according to the procedures in Sec. 63.4941, Sec. 
63.4951, or Sec. 63.4961.



Sec. 63.4891  What are my options for demonstrating compliance
with the emission limits?

    You must include all coatings, thinners, and cleaning materials used 
in the affected source when determining whether the organic HAP emission 
rate is equal to or less than the applicable emission limit in Sec. 
63.4890. To make this determination, you must use at least one of the 
three compliance options listed in paragraphs (a) through (c) of this 
section. You may apply any of the compliance options to an individual 
coating operation or to multiple coating operations as a group or to the 
entire affected source. You may use different compliance options for 
different coating operations or at different times on the same coating 
operation. However, you may not use different compliance options at the 
same time on the same coating operation. If you switch between 
compliance options for any coating operation or group of coating 
operations, you must document this switch as required by Sec. 
63.4930(c), and you must report it in the next semiannual (6-month 
period) compliance report required in Sec. 63.4920.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation or group of 
coating operations is less than or equal to the applicable emission rate 
limit in Sec. 63.4890 and that each thinner and each cleaning material 
used contains no organic HAP. You must meet all the requirements of 
Sec. Sec. 63.4940, 63.4941, and 63.4942 to demonstrate compliance with 
the emission limit using this option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings, thinners, and cleaning materials used in the 
coating operation or group of coating operations, the organic HAP 
emission rate for the coating operation or group of coating operations 
is less than or equal to the applicable emission rate limit in Sec. 
63.4890, calculated as a monthly emission rate. You must meet all the 
requirements of Sec. Sec. 63.4950, 63.4951, and 63.4952 to demonstrate 
compliance with the emission rate limit using this option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on the coatings, thinners, and cleaning materials used in the 
coating operation or group of coating operations, and the emission 
reductions achieved by emission capture and add-on control systems, the 
organic HAP emission rate is less than or equal to the applicable

[[Page 1026]]

emission rate limit in Sec. 63.4890, calculated as a monthly emission 
rate. If you use this compliance option, you must also demonstrate that 
all capture systems and add-on control devices for the coating operation 
or group of coating operations meet the operating limits required in 
Sec. 63.4892, except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec. 63.4961(j); and that 
you meet the work practice standards required in Sec. 63.4893. You must 
meet all the requirements of Sec. Sec. 63.4960 through 63.4967 to 
demonstrate compliance with the emission limits, operating limits, and 
work practice standards using this option.
    (d) If you choose to use the emission rate with add-on controls 
compliance option in paragraph (c) of this section and operate the 
coating operation, its emission capture system, or its add-on control 
device at multiple sets of representative operating conditions that 
result in different capture system or add-on control device efficiencies 
during a compliance period, you must follow one of the procedures in 
paragraph (d)(1) or (2) of this section.
    (1) Determine the operating conditions that result in the lowest 
emission capture system and add-on control device efficiencies through 
performance testing conducted according to Sec. Sec. 63.4963, 63.4964, 
and 63.4965. Use these emission capture system and add-on control device 
efficiencies for all representative operating conditions during the 
compliance period.
    (2) Develop a compliance calculation procedure for determining the 
organic HAP emission rate for the compliance period that takes into 
account all of the representative operating conditions the source was 
operated under during the compliance period and submit the procedure to 
the Administrator for approval. Until you receive approval from the 
Administrator, you must determine compliance according to paragraph (c) 
of this section.



Sec. 63.4892  What operating limits must I meet?

    (a) For any coating operation or group of coating operations for 
which you use the compliant material option or the emission rate without 
add-on controls option to demonstrate compliance, you are not required 
to meet any operating limits.
    (b) For any coating operation or group of coating operations for 
which you use the emission rate with add-on controls option to 
demonstrate compliance, except those for which you use a solvent 
recovery system and conduct a liquid-liquid material balance according 
to Sec. 63.4961(j), you must meet the operating limits specified in 
Table 1 to this subpart. These operating limits apply to the emission 
capture and control systems on the coating operation or group of coating 
operations for which you use emission capture and add-on controls to 
demonstrate compliance. You must establish the operating limits during 
the performance test according to the requirements in Sec. 63.4966. You 
must meet the operating limits at all times after you establish them.
    (c) If you use an add-on control device other than those listed in 
Table 1 to this subpart, or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).



Sec. 63.4893  What work practice standards must I meet?

    (a) For any coating operation or group of coating operations for 
which you use the compliant material option or the emission rate without 
add-on controls option to demonstrate compliance, you are not required 
to meet any work practice standards.
    (b) For any coating operation or group of coating operations for 
which you use the emission rate with add-on controls option to 
demonstrate compliance, you must develop and implement a work practice 
plan to minimize organic HAP emissions from the storage, mixing, and 
conveying of coatings, thinners, and cleaning materials used in, and 
waste materials generated by, the coating operation or group of coating 
operations for which you use this option; or you must meet an 
alternative standard as provided in paragraph (c) of this section. The 
plan must specify practices and procedures to ensure that, at a minimum, 
the elements

[[Page 1027]]

specified in paragraphs (b)(1) through (5) of this section are 
implemented.
    (1) All organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be stored in closed containers. You 
must ensure that these containers are kept closed at all times except 
when depositing or removing these materials from the container.
    (2) Spills of organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners, cleaning materials, 
and waste materials must be conveyed from one location to another in 
closed containers or pipes.
    (4) Mixing vessels which contain organic-HAP-containing coatings and 
other materials must be closed except when adding to, removing, or 
mixing the contents.
    (5) Emissions of organic HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) As provided in Sec. 63.6(g), the Administrator may choose to 
grant you permission to use an alternative to the work practice 
standards in this section.

                     General Compliance Requirements



Sec. 63.4900  What are my general requirements for complying with this subpart?

    (a) The affected source must be in compliance at all times with the 
applicable emission limitations specified in Sec. Sec. 63.4890, 
63.4892, and 63.4893.
    (b) Before September 12, 2019, you must always operate and maintain 
your affected source, including all air pollution control and monitoring 
equipment you use for purposes of complying with this subpart, according 
to the provisions in Sec. 63.6(e)(1)(i). On and after September 12, 
2019, at all times, the owner or operator must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. The general 
duty to minimize emissions does not require the owner or operator to 
make any further efforts to reduce emissions if levels required by the 
applicable standard have been achieved. Determination of whether a 
source is operating in compliance with operation and maintenance 
requirements will be based on information available to the Administrator 
that may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the affected source.
    (c) Before September 12, 2019, if your affected source uses an 
emission capture system and add-on control device to comply with the 
emission limitations in Sec. 63.4890, you must develop a written 
startup, shutdown, and malfunction plan (SSMP) according to the 
provisions in Sec. 63.6(e)(3). The SSMP must address the startup, 
shutdown, and corrective actions in the event of a malfunction of the 
emission capture system or the add-on control device. The SSMP must also 
address any coating operation equipment that may cause increased 
emissions or that would affect capture efficiency if the process 
equipment malfunctions, such as conveyors that move parts among 
enclosures. A startup, shutdown, and malfunction plan is not required on 
and after September 12, 2019.

[84 FR 9635, Mar. 15, 2019]



Sec. 63.4901  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 63.15 apply to you.

                   Notifications, Reports, and Records



Sec. 63.4910  What notifications must I submit?

    (a) General. You must submit the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(f)(4), and 63.9(b) through (e), (h), and (j) that apply to 
you by the dates specified in those sections, except as provided in 
paragraphs (b) and (c) of this section.
    (b) Initial Notification. You must submit the Initial Notification 
required by Sec. 63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, 120 days after May 23, 2003, 
or no later than 120 days after

[[Page 1028]]

the source becomes subject to this subpart, whichever is later. For an 
existing affected source, you must submit the Initial Notification no 
later than 1 year after May 23, 2003, or no later than 120 days after 
the source becomes subject to this subpart, whichever is later.
    (c) Notification of Compliance Status. You must submit the 
Notification of Compliance Status required by Sec. 63.9(h) no later 
than 30 calendar days following the end of the initial compliance period 
described in Sec. 63.4940, Sec. 63.4950, or Sec. 63.4960 that applies 
to your affected source. The Notification of Compliance Status must 
contain the information specified in paragraphs (c)(1) through (9) of 
this section and the applicable information specified in Sec. 63.9(h).
    (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. Such certifications must also comply with the 
requirements of 40 CFR 70.5(d) or 40 CFR 71.5(d).
    (3) Date of the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec. 63.4940, Sec. 63.4950, or Sec. 63.4960 that applies 
to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec. 63.4891 that you used on each coating operation in the affected 
source during the initial compliance period and that you will use for 
demonstrating continuous compliance.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in Sec. 
63.4890, include all the calculations you used to determine compliance. 
You do not need to submit information provided by material suppliers or 
manufacturers or test reports.
    (7) For each of the data items listed in paragraphs (c)(7)(i) 
through (iv) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data can include a copy of 
the information provided by the supplier or manufacturer of the example 
coating or material or a summary of the results of testing conducted 
according to Sec. 63.4941(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating, for one thinner, 
and for one cleaning material.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner, and one cleaning 
material, except that if you use the compliant material option, only the 
example coating density is required.
    (iv) The amount of waste materials and the mass of organic HAP 
contained in the waste materials for which you are claiming an allowance 
in Equation 1 of Sec. 63.4951.
    (8) The calculation of the organic HAP emission rate for the 
compliance option(s) you used, as specified in paragraphs (c)(8)(i) 
through (iii) of this section.
    (i) For the compliant materials option, provide an example 
calculation of the organic HAP content for one coating, using Equation 2 
of Sec. 63.4941.
    (ii) For the emission rate without add-on controls option, provide 
the information specified in paragraphs (c)(8)(ii)(A) through (C) of 
this section.
    (A) The calculation of the total mass of organic HAP emissions 
during the initial compliance period, using Equation 1 of Sec. 63.4951.
    (B) The calculation of the total volume of coating solids used 
during the initial compliance period, using Equation 2 of Sec. 63.4951.
    (C) The calculation of the organic HAP emission rate for the initial 
compliance period, using Equation 3 of Sec. 63.4951.
    (iii) For the emission rate with add-on controls option, provide the 
information specified in paragraphs (c)(8)(iii)(A) through (D) of this 
section.

[[Page 1029]]

    (A) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used during the initial 
compliance period, using Equation 1 of Sec. 63.4951.
    (B) The calculation of the total volume of coating solids used 
during the initial compliance period, using Equation 2 of Sec. 63.4951.
    (C) The calculation of the mass of organic HAP emission reduction 
during the initial compliance period by emission capture systems and 
add-on control devices, using Equation 1 of Sec. 63.4961, and the 
calculation of the mass of organic HAP emission reduction for the 
coating operations controlled by solvent recovery systems during each 
compliance period, using Equation 3 of Sec. 63.4961 as applicable.
    (D) The calculation of the organic HAP emission rate for the initial 
compliance period, using Equation 4 of Sec. 63.4961.
    (9) For the emission rate with add-on controls option, you must 
include the information specified in paragraphs (c)(9)(i) through (v) of 
this section. However, the requirements in paragraphs (c)(9)(i) through 
(iii) of this section do not apply to solvent recovery systems for which 
you conduct liquid-liquid material balances according to Sec. 
63.4961(j).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure (PTE) or a 
measurement of the emission capture system efficiency. Include a 
description of the protocol followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you use 
the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show you 
meet the DQO or LCL criteria in appendix A to subpart KK of this part. 
You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented the 
work practice plan required by Sec. 63.4893.
    (v) Before September 12, 2019, a statement of whether or not you 
developed and implemented the startup, shutdown, and malfunction plan 
required by Sec. 63.4900. This statement is not required on and after 
September 12, 2019.

[68 FR 28619, May 23, 2003, as amended at 84 FR 9635, Mar. 15, 2019; 85 
FR 73908, Nov. 19, 2020]



Sec. 63.4920  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (7) of this section. The 
semiannual compliance reporting requirements may be satisfied by reports 
required under other parts of the Clean Air Act (CAA), such as those 
detailed in paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved a different 
schedule for submission of reports under Sec. 63.10(a), you must 
prepare and submit each semiannual compliance report according to the 
dates specified in paragraphs (a)(1)(i) through (iv) of this section.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec. 63.4940, Sec. 63.4950, or 
Sec. 63.4960 that applies to your affected source and ends on June 30 
or December 31, whichever occurs first following the end of the initial 
compliance period.
    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 or 
the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual 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.

[[Page 1030]]

    (iv) 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 6-month 
monitoring 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 semiannual 
compliance reports according to the dates the permitting authority has 
established for the 40 CFR part 70 or 40 CFR part 71 6-month monitoring 
reports instead of according to the dates specified in paragraph 
(a)(1)(iii) of this section. However, under no circumstances shall the 
semiannual compliance report be submitted more than 30 days after the 
end of the semiannual reporting period established in paragraphs 
(a)(1)(i) and (ii) of this section.
    (2) Inclusion with title V report. 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 6-
month 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 semiannual 
compliance report pursuant to this section along with, or as part of, 
the 6-month 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 part 70 or part 71 6-month monitoring 
report concerning deviations from the requirements of this subpart as 
defined in Sec. 63.4981, the submission of the semiannual compliance 
report shall be deemed to satisfy any obligation to report the same 
deviation information in the part 70 or part 71 6-month monitoring 
report. However, in such situations, the 6-month monitoring report must 
cross-reference the semiannual compliance report, and submission of a 
semiannual compliance report shall not otherwise affect any obligation 
the affected source may have to report deviations from permit 
requirements to the permitting authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (v) of 
this section, and the information specified in paragraphs (a)(4) through 
(7) of this section that is applicable to your affected source.
    (i) Company name and address.
    (ii) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the report. Such certifications must also comply with the 
requirements of 40 CFR 70.5(d) or 40 CFR 71.5(d).
    (iii) Date of report and beginning and ending dates of the reporting 
period. The reporting period is the 6-month period ending on June 30 or 
December 31.
    (iv) Identification of the compliance option or options specified in 
Sec. 63.4891 that you used on each coating operation during the 
reporting period. If you switched between compliance options during the 
reporting period, you must report the beginning and ending dates you 
used each option.
    (v) If you used the emission rate without add-on controls or the 
emission rate with add-on controls compliance option (Sec. 63.4891(b) 
or (c)), the calculation results for each organic HAP emission rate for 
each compliance period ending in the 6-month reporting period.
    (4) No deviations. If there were no deviations from the emission 
limits, operating limits, and work practice standards in Sec. Sec. 
63.4890, 63.4892, and 63.4893, respectively, that apply to you, the 
semiannual compliance report must include an affirmative statement that 
there were no deviations from the emission limits, operating limits, or 
work practice standards in Sec. Sec. 63.4890, 63.4892, and 63.4893 
during the reporting period. If there were no deviations from these 
emission limitations, the semiannual compliance report must include the 
affirmative statement that is described in either Sec. 63.4942(c), 
Sec. 63.4952(c), or Sec. 63.4962(f), as applicable. If you used the 
emission rate with add-on controls option and there were no periods 
during which the continuous parameter monitoring systems (CPMS) were 
out-of-control as specified in Sec. 63.8(c)(7), the semiannual 
compliance report must include a statement that there were no periods 
during which the CPMS were out-of-control during the reporting period as 
specified in Sec. 63.8(c)(7).

[[Page 1031]]

    (5) Deviations: Compliant material option. If you used the compliant 
material option, and there was a deviation from the applicable emission 
limit in Sec. 63.4890, the semiannual compliance report must contain 
the information in paragraph (a)(5)(i) or (ii) of this section, as 
applicable.
    (i) Before September 12, 2019, the information in paragraphs 
(a)(5)(i)(A) through (D) of this section.
    (A) Identification of each coating used that deviated from the 
emission limit, and of each thinner and cleaning material used that 
contained organic HAP, and the dates and time periods each was used.
    (B) The calculation of the organic HAP content for each coating 
identified in paragraph (a)(5)(i) of this section, using Equation 2 of 
Sec. 63.4941. You do not need to submit background data supporting this 
calculation, for example, information provided by materials suppliers or 
manufacturers, or test reports.
    (C) The determination of mass fraction of organic HAP for each 
coating, thinner, and cleaning material identified in paragraph 
(a)(5)(i) of this section. You do not need to submit background data 
supporting this calculation, for example, information provided by 
materials suppliers or manufacturers, or test reports.
    (D) A statement of the cause of each deviation.
    (ii) On and after September 12, 2019, if there was a deviation from 
the applicable emission limit in Sec. 63.4890, the semiannual 
compliance report must contain the information in paragraphs 
(a)(5)(ii)(A) through (E) of this section.
    (A) Identification of each coating used that deviated from the 
emission limit, and of each thinner and cleaning material used that 
contained organic HAP, and the date, time, and duration each was used.
    (B) The calculation of the organic HAP content for each coating 
identified in paragraph (a)(5)(ii)(A) of this section, using Equation 2 
of Sec. 63.4941. You do not need to submit background data supporting 
this calculation, for example, information provided by materials 
suppliers or manufacturers, or test reports.
    (C) The determination of mass fraction of organic HAP for each 
coating, thinner, and cleaning material identified in paragraph 
(a)(5)(ii)(A) of this section. You do not need to submit background data 
supporting this calculation, for example, information provided by 
materials suppliers or manufacturers, or test reports.
    (D) A statement of the cause of each deviation (including unknown 
cause, if applicable).
    (E) The number of deviations and, for each deviation, a list of the 
affected source or equipment, an estimate of the quantity of each 
regulated pollutant emitted over any emission limit in Sec. 63.4890, 
and a description of the method used to estimate the emissions.
    (6) Deviations: Emission rate without add-on controls option. If you 
used the emission rate without add-on controls option, and there was a 
deviation from any applicable emission limit in Sec. 63.4890, the 
semiannual compliance report must contain the information in paragraph 
(a)(6)(i) or (ii) of this section, as applicable. You do not need to 
submit background data supporting these calculations, for example, 
information provided by materials suppliers or manufacturers, or test 
reports.
    (i) Before September 12, 2019, the information in paragraphs 
(a)(6)(i)(A) through (E) of this section.
    (A) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Sec. 63.4890.
    (B) The calculation of the total mass of organic HAP emissions for 
each month, using Equations 1 of Sec. 63.4951.
    (C) The calculation of the total volume of coating solids used each 
month, using Equation 2 of Sec. 63.4951.
    (D) The calculation of the organic HAP emission rate for each month, 
using Equation 3 of Sec. 63.4951.
    (E) A statement of the cause of each deviation.
    (ii) On and after September 12, 2019, if there was a deviation from 
the applicable emission limit in Sec. 63.4890, the semiannual 
compliance report must contain the information in paragraphs 
(a)(6)(ii)(A) through (F) of this section.
    (A) The beginning and ending dates of each compliance period during 
which

[[Page 1032]]

the organic HAP emission rate exceeded the applicable emission limit in 
Sec. 63.4890.
    (B) The calculation of the total mass of organic HAP emissions for 
each month, using Equation 1 of Sec. 63.4951.
    (C) The calculation of the total volume of coating solids used each 
month, using Equation 2 of Sec. 63.4951.
    (D) The calculation of the organic HAP emission rate for each month, 
using Equation 3 of Sec. 63.4951.
    (E) A statement of the cause of each deviation (including unknown 
cause, if applicable).
    (F) The number of deviations, a list of the affected source or 
equipment, an estimate of the quantity of each regulated pollutant 
emitted over any emission limit in Sec. 63.4890, and a description of 
the method used to estimate the emissions.
    (7) Deviations: Emission rate with add-on controls option. If you 
used the emission rate with add-on controls option, and there was a 
deviation from any applicable emission limitation (including any periods 
when emissions bypassed the add-on control device and were diverted to 
the atmosphere), the semiannual compliance report must contain the 
information in paragraph (a)(7)(i) or (ii) of this section, as 
applicable.
    (i) Before September 12, 2019, the information in paragraphs 
(a)(7)(i)(A) through (Q) of this section. This includes periods of 
startup, shutdown, and malfunction during which deviations occurred. You 
do not need to submit background data supporting these calculations, for 
example, information provided by materials suppliers or manufacturers, 
or test reports.
    (A) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Sec. 63.4890.
    (B) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used during each month, 
using Equation 1 of Sec. 63.4951 and, if applicable, the calculation 
used to determine the total mass of organic HAP in waste materials sent 
or designated for shipment to a hazardous waste treatment, storage, and 
disposal facility (TSDF) for treatment or disposal during each 
compliance period, according to Sec. 63.4951(e)(4).
    (C) The calculation of the total volume of coating solids used, 
using Equation 2 of Sec. 63.4951.
    (D) The calculation of the mass of organic HAP emission reduction 
each month by emission capture systems and add-on control devices, using 
Equation 1 of Sec. 63.4961, and Equation 3 of Sec. 63.4961 for the 
calculation of the mass of organic HAP emission reduction for the 
coating operation controlled by solvent recovery systems each compliance 
period, as applicable.
    (E) The calculation of the organic HAP emission rate for each 
compliance period, using Equation 4 of Sec. 63.4961.
    (F) The date and time that each malfunction started and stopped.
    (G) A brief description of the CPMS.
    (H) The date of the latest CPMS certification or audit.
    (I) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (J) The date, time, and duration that each CPMS was out-of-control, 
including the information in Sec. 63.8(c)(8).
    (K) The date and time period of each deviation from an operating 
limit in Table 1 to this subpart; date and time period of any bypass of 
the add-on control device; and whether each deviation occurred during a 
period of startup, shutdown, or malfunction or during another period.
    (L) A summary of the total duration of each deviation from an 
operating limit in Table 1 to this subpart and each bypass of the add-on 
control device during the semiannual reporting period and the total 
duration as a percent of the total affected source operating time during 
that semiannual reporting period.
    (M) A breakdown of the total duration of the deviations from the 
operating limits in Table 1 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (N) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total

[[Page 1033]]

duration of CPMS downtime as a percent of the total affected source 
operating time during that semiannual reporting period.
    (O) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (P) For each deviation from the work practice standards, a 
description of the deviation; the date and time period of the deviation; 
and the actions you took to correct the deviation.
    (Q) A statement of the cause of each deviation.
    (ii) On and after September 12, 2019, the information in paragraphs 
(a)(7)(ii)(A) through (O), (Q), and (R) of this section if there was a 
deviation from the applicable emission limit in Sec. 63.4890 or the 
applicable operating limit(s) in Table 1 to this subpart (including any 
periods when emissions bypassed the add-on control device and were 
diverted to the atmosphere) and the information in paragraph 
(a)(7)(ii)(P) of this section if there was a deviation from the work 
practice standards in Sec. 63.4893(b).
    (A) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Sec. 63.4890.
    (B) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used during each month, 
using Equation 1 of Sec. 63.4951 and, if applicable, the calculation 
used to determine the total mass of organic HAP in waste materials sent 
or designated for shipment to a hazardous waste treatment, storage, and 
disposal facility (TSDF) for treatment or disposal during each 
compliance period, according to Sec. 63.4951(e)(4).
    (C) The calculation of the total volume of coating solids used, 
using Equation 2 of Sec. 63.4951.
    (D) The calculation of the mass of organic HAP emission reduction 
each month by emission capture systems and add-on control devices, using 
Equation 1 of Sec. 63.4961, and Equation 3 of Sec. 63.4961 for the 
calculation of the mass of organic HAP emission reduction for the 
coating operation controlled by solvent recovery systems each compliance 
period, as applicable.
    (E) The calculation of the organic HAP emission rate for each 
compliance period, using Equation 4 of Sec. 63.4961.
    (F) The date and time that each malfunction of the capture system or 
add-on control devices started and stopped.
    (G) A brief description of the CPMS.
    (H) The date of the latest CPMS certification or audit.
    (I) For each instance that the CPMS was inoperative, except for zero 
(low-level) and high-level checks, the date, time, and duration that the 
CPMS was inoperative; the cause (including unknown cause) for the CPMS 
being inoperative, and descriptions of corrective actions taken.
    (J) For each instance that the CPMS was out-of-control, as specified 
in Sec. 63.8(c)(7), the date, time, and duration that the CPMS was out-
of-control; the cause (including unknown cause) for the CPMS being out-
of-control; and descriptions of corrective actions taken.
    (K) The date, time, and duration of each deviation from an operating 
limit in Table 1 to this subpart; and the date, time, and duration of 
any bypass of the add-on control device.
    (L) A summary of the total duration of each deviation from an 
operating limit in Table 1 to this subpart and each bypass of the add-on 
control device during the semiannual reporting period and the total 
duration as a percent of the total affected source operating time during 
that semiannual reporting period.
    (M) A breakdown of the total duration of the deviations from the 
operating limits in Table 1 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to control equipment problems, process problems, other known 
causes, and other unknown causes.
    (N) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as a 
percent of the total affected source operating time during that 
semiannual reporting period.
    (O) A description of any changes in the CPMS, coating operation, 
emission

[[Page 1034]]

capture system, or add-on control device since the last semiannual 
reporting period.
    (P) For deviations from the work practice standards in Sec. 
63.4893(b), the number of deviations, and, for each deviation: A 
description of the deviation; the date, time, and duration of the 
deviation; and the actions taken to minimize emissions in accordance 
with Sec. 63.4900(b). The description of the deviation must include a 
list of the affected sources or equipment for which a deviation occurred 
and the cause of the deviation (including unknown cause, if applicable).
    (Q) For deviations from an emission limit in Sec. 63.4890 or 
operating limit in Table 1 to this subpart, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (R) For each deviation from an emission limit in Sec. 63.4890 or 
operating limit in Table 1 to this subpart, a list of the affected 
sources or equipment for which a deviation occurred, an estimate of the 
quantity of each regulated pollutant emitted over any emission limit in 
Sec. 63.4890, and a description of the method used to estimate the 
emissions.
    (b) Performance test reports. If you use the emission rate with add-
on controls option, you must submit reports of performance test results 
for emission capture systems and add-on control devices no later than 60 
days after completing the tests as specified in Sec. 63.10(d)(2).
    (c) Before September 12, 2019, if you used the emission rate with 
add-on controls option and you had a startup, shutdown, or malfunction 
during the semiannual reporting period, you must submit the reports 
specified in paragraphs (c)(1) and (2) of this section. The reports 
specified in paragraphs (c)(1) and (2) of this section are not required 
on and after September 12, 2019.
    (1) If your actions were consistent with your SSMP, you must include 
the information specified in Sec. 63.10(d)(5) in the semiannual 
compliance report required by paragraph (a) of this section.
    (2) If your actions were not consistent with your SSMP, you must 
submit an immediate startup, shutdown, and malfunction report as 
described in paragraphs (c)(2)(i) and (ii) of this section.
    (i) You must describe the actions taken during the event in a report 
delivered by facsimile, telephone, or other means to the Administrator 
within 2 working days after starting actions that are inconsistent with 
the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec. 
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec. 63.10(d)(5)(ii).

[68 FR 28619, May 23, 2003, as amended at 84 FR 9636, Mar. 15, 2019]



Sec. 63.4921  What are my electronic reporting requirements?

    (a) Beginning no later than June 13, 2019, you must submit the 
results of the performance test required Sec. 63.4920(b) following the 
procedure specified in paragraphs (a)(1) through (3) 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 website147 
(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). The CEDRI interface 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.
    (2) For 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, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec. 63.13, unless 
the Administrator agrees to or specifies an alternate reporting method.

[[Page 1035]]

    (3) If you claim that some of the performance test information being 
submitted under paragraph (a)(1) of this section 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 medium to the EPA. The 
electronic medium must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via the 
EPA's CDX as described in paragraph (a)(1) of this section.
    (b) Beginning on March 15, 2021, the owner or operator shall submit 
the initial notifications required in Sec. 63.9(b) and the notification 
of compliance status required in Sec. 63.9(h) and Sec. 63.4910(c) to 
the EPA via CEDRI. The CEDRI interface can be accessed through the EPA's 
CDX (https://cdx.epa.gov). The owner or operator must upload to CEDRI an 
electronic copy of each applicable notification in portable document 
format (PDF). The applicable notification must be submitted by the 
deadline specified in this subpart, regardless of the method in which 
the reports are submitted. Owners or operators who claim that some of 
the information required to be submitted via CEDRI is CBI shall submit a 
complete report generated using the appropriate form in CEDRI or an 
alternate electronic file consistent with the extensible markup language 
(XML) schema listed on the EPA's CEDRI website, including information 
claimed to be CBI, on a compact disc, flash drive, or other commonly 
used electronic storage medium to the EPA. The electronic medium shall 
be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be 
submitted to the EPA via the EPA's CDX as described earlier in this 
paragraph.
    (c) Beginning on March 15, 2021, or once the reporting template has 
been available on the CEDRI website for 1 year, whichever date is later, 
the owner or operator shall submit the semiannual compliance report 
required in Sec. 63.4920 to the EPA via CEDRI. The CEDRI interface can 
be accessed through the EPA's CDX (https://cdx.epa.gov).). The owner or 
operator must use the appropriate electronic template on the CEDRI 
website for this subpart or an alternate electronic file format 
consistent with the XML schema listed on the CEDRI website (https://
www.epa.gov/electronic- reporting-air-emissions/compliance- and-
emissions-data-reporting- interface-cedri). The date report templates 
become available will be listed on the CEDRI website. If the reporting 
form for the semiannual compliance report 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 addresses 
listed in Sec. 63.13. Once the form has been available in CEDRI for 1 
year, you must begin submitting all subsequent reports via CEDRI. The 
reports must be submitted by the deadlines specified in this subpart, 
regardless of the method in which the reports are submitted. Owners or 
operators who claim that some of the information required to be 
submitted via CEDRI is CBI shall submit a complete report generated 
using the appropriate form in CEDRI or an alternate electronic file 
consistent with the XML schema listed on the EPA's CEDRI website, 
including information claimed to be CBI, on a compact disc, flash drive, 
or other commonly used electronic storage medium to the EPA. The 
electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted shall be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph.
    (d) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, and due to a planned

[[Page 1036]]

or actual outage of either the EPA's CEDRI or CDX systems within the 
period of time beginning 5 business days prior to the date that the 
submission is due, you will be or are precluded from accessing CEDRI or 
CDX and submitting a required report within the time prescribed, you may 
assert a claim of EPA system outage for failure to timely comply with 
the reporting requirement. You must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or caused a delay in reporting. You must provide to the 
Administrator a written description identifying the date, time and 
length of the outage; a rationale for attributing the delay in reporting 
beyond the regulatory deadline to the EPA system outage; describe the 
measures taken or to be taken to minimize the delay in reporting; and 
identify a date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported. In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved. The 
decision to accept the claim of EPA system outage and allow an extension 
to the reporting deadline is solely within the discretion of the 
Administrator.
    (e) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX and a force majeure event is about to occur, 
occurs, or has occurred or there are lingering effects from such an 
event within the period of time beginning 5 business days prior to the 
date the submission is due, the owner or operator may assert a claim of 
force majeure for failure to timely comply with the reporting 
requirement. For the purposes of this section, a force majeure event is 
defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents you from 
complying with the requirement to submit a report electronically within 
the time period prescribed. Examples of such events are acts of nature 
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or 
equipment failure or safety hazard beyond the control of the affected 
facility (e.g., large scale power outage). If you intend to assert a 
claim of force majeure, you must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or caused a delay in reporting. You must provide to the 
Administrator a written description of the force majeure event and a 
rationale for attributing the delay in reporting beyond the regulatory 
deadline to the force majeure event; describe the measures taken or to 
be taken to minimize the delay in reporting; and identify a date by 
which you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the reporting must occur as soon as possible after the 
force majeure event occurs. The decision to accept the claim of force 
majeure and allow an extension to the reporting deadline is solely 
within the discretion of the Administrator.

[84 FR 9638, Mar. 15, 2019]



Sec. 63.4930  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart, and the documentation supporting each 
notification and report.
    (b) A current copy of information provided by materials suppliers or 
manufacturers. This would include records pertaining to the design and 
manufacturer's specifications for the life of the add-on control 
equipment. It would also include information such as manufacturer's 
formulation data for the materials used, or test data used to determine 
the mass fraction of organic HAP and density for each coating, thinner, 
and cleaning material and the volume fraction of coating solids for each 
coating. If you conducted testing to determine mass fraction of organic 
HAP, density, or volume fraction of

[[Page 1037]]

coating solids, you must keep a copy of the complete test report. If you 
use information provided to you by the manufacturer or supplier of the 
material that was based on testing, you must keep the summary sheet of 
results provided to you by the manufacturer or supplier. You are not 
required to obtain the test report or other supporting documentation 
from the manufacturer or supplier.
    (c) For each compliance period, the records specified in paragraphs 
(c)(1) through (4) of this section.
    (1) A record of the coating operations at which you used each 
compliance option and the time periods (beginning and ending dates and 
times) you used each option.
    (2) For the compliant material option, a record of the calculation 
of the organic HAP content for each coating, using Equation 2 of Sec. 
63.4941.
    (3) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coatings, thinners, and cleaning materials used during each compliance 
period, using Equation 1 of Sec. 63.4951 and, if applicable, the 
calculation used to determine the total mass of organic HAP in waste 
materials sent or designated for shipment to a hazardous waste TSDF for 
treatment or disposal during each compliance period, according to Sec. 
63.4951(e)(4); the calculation of the total volume of coating solids 
used during each compliance period, using Equation 2 of Sec. 63.4951; 
and the calculation of the organic HAP emission rate for each compliance 
period, using Equation 3 of Sec. 63.4951.
    (4) For the emission rate with add-on controls option, records of 
the calculations specified in paragraphs (c)(4)(i) through (iv) of this 
section.
    (i) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used during each 
compliance period, using Equation 1 of Sec. 63.4951 and, if applicable, 
the calculation used to determine the total mass of organic HAP in waste 
materials sent or designated for shipment to a hazardous waste TSDF for 
treatment or disposal during each compliance period, according to Sec. 
63.4951(e)(4);
    (ii) The calculation of the total volume of coating solids used 
during each compliance period, using Equation 2 of Sec. 63.4951;
    (iii) The calculation of the mass of organic HAP emission reduction 
by emission capture systems and add-on control devices, using Equation 1 
of Sec. 63.4961, and the calculation of the mass of organic HAP 
emission reduction for the coating operation controlled by a solvent 
recovery system during the compliance period, using Equation 3 of Sec. 
63.4961, as applicable;
    (iv) The calculation of the organic HAP emission rate for each 
compliance period, using Equation 4 of Sec. 63.4961.
    (d) A record of the name and volume of each coating, thinner, and 
cleaning material used during each compliance period.
    (e) A record of the mass fraction of organic HAP for each coating, 
thinner, and cleaning material used during each compliance period.
    (f) A record of the volume fraction of coating solids for each 
coating used during each compliance period.
    (g) If a determination of density is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, a 
record of the density for each coating used during each compliance 
period; and, if you use either the emission rate without add-on controls 
or the emission rate with add-on controls compliance option, the density 
for each thinner and cleaning material used during each compliance 
period.
    (h) If you use an allowance in Equation 1 of Sec. 63.4951 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a TSDF according to Sec. 63.4951(e)(4), you must keep 
records of the information specified in paragraphs (h)(1) through (3) of 
this section.
    (1) The name and address of each TSDF to which you sent waste 
materials for which you use an allowance in Equation 1 of Sec. 63.4951, 
a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 
apply to the facility, and the date of each shipment.
    (2) Identification of the coating operations producing waste 
materials included in each shipment and the month

[[Page 1038]]

or months in which you used the allowance for these materials in 
Equation 1 of Sec. 63.4951.
    (3) The methodology used in accordance with Sec. 63.4951(e)(4) to 
determine the total amount of waste materials sent to or the amount 
collected, stored, and designated for transport to a TSDF each month; 
and the methodology to determine the mass of organic HAP contained in 
these waste materials. This must include the sources for all data used 
in the determination, methods used to generate the data, frequency of 
testing or monitoring, and supporting calculations and documentation, 
including the waste manifest for each shipment.
    (i) [Reserved]
    (j) Before September 12, 2019, you must keep records of the date, 
time, and duration of each deviation. On and after September 12, 2019, 
for each deviation from an emission limitation reported under Sec. 
63.4920(a)(5) through (7), you must keep a record of the information 
specified in paragraphs (j)(1) through (4) of this section, as 
applicable.
    (1) The date, time, and duration of the deviation, as reported under 
Sec. 63.4920(a)(5) through (7).
    (2) A list of the affected sources or equipment for which the 
deviation occurred and the cause of the deviation, as reported under 
Sec. 63.4920(a)(5) through (7).
    (3) An estimate of the quantity of each regulated pollutant emitted 
over any applicable emission limit in Sec. 63.4890 or any applicable 
operating limit(s) in Table 1 to this subpart, and a description of the 
method used to calculate the estimate, as reported under Sec. 
63.4920(a)(5) through (7).
    (4) A record of actions taken to minimize emissions in accordance 
with Sec. 63.4900(b) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (k) If you use the emission rate with add-on controls option, you 
must also keep the records specified in paragraphs (k)(1) through (8) of 
this section.
    (1) Before September 12, 2019, for each deviation, a record of 
whether the deviation occurred during a period of startup, shutdown, or 
malfunction. The record in this paragraph (k)(1) is not required on and 
after September 12, 2019.
    (2) Before September 12, 2019, the records in Sec. 63.6(e)(3)(iii) 
through (v) related to startup, shutdown, and malfunction. The records 
in this paragraph (k)(2) are not required on and after September 12, 
2019.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 1 to this subpart that applies to 
you.
    (4) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec. 63.4964(a).
    (5) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec. 63.4963 and 63.4964(b) through (e), 
including the records specified in paragraphs (k)(5)(i) through (iii) of 
this section that apply to you.
    (i) Records for a liquid-to-uncaptured-gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH) as measured by Method 204A or F of 
appendix M to 40 CFR part 51 for each material used in the coating 
operation, and the total TVH for all materials used, during each capture 
efficiency test run, including a copy of the test report. Records of the 
mass of TVH emissions not captured by the capture system that exited the 
temporary total enclosure or building enclosure during each capture 
efficiency test run, as measured by Method 204D or E of appendix M to 40 
CFR part 51, including a copy of the test report. Records documenting 
that the enclosure used for the capture efficiency test met the criteria 
in Method 204 of appendix M to 40 CFR part 51 for either a temporary 
total enclosure or a building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or C 
of appendix M to

[[Page 1039]]

40 CFR part 51 at the inlet to the add-on control device, including a 
copy of the test report. Records of the mass of TVH emissions not 
captured by the capture system that exited the temporary total enclosure 
or building enclosure during each capture efficiency test run, as 
measured by Method 204D or E of appendix M to 40 CFR part 51, including 
a copy of the test report. Records documenting that the enclosure used 
for the capture efficiency test met the criteria in Method 204 of 
appendix M to 40 CFR part 51 for either a temporary total enclosure or a 
building enclosure.
    (iii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec. 63.4964(e), if applicable.
    (6) The records specified in paragraphs (k)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec. 63.4965.
    (i) Records of each add-on control device performance test conducted 
according to Sec. Sec. 63.4963 and 63.4965.
    (ii) Records of the coating operation conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as specified 
in Sec. 63.4966 and to document compliance with the operating limits as 
specified in Table 1 to this subpart.
    (8) A record of the work practice plan required by Sec. 63.4893 and 
documentation that you are implementing the plan on a continuous basis.

[68 FR 28619, May 23, 2003, as amended at 84 FR 9639, Mar. 15, 2019]



Sec. 63.4931  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). Where 
appropriate, the records may be maintained as electronic spreadsheets or 
as a database. Any records required to be maintained by this subpart 
that are in reports that were 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.
    (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 may keep these 
records off-site for the remaining 3 years. You must keep records on-
site pertaining to the design and manufacturer's specifications for 
operation of add-on control equipment for the life of the equipment.

[68 FR 28619, May 23, 2003, as amended at 84 FR 9639, Mar. 15, 2019]

        Compliance Requirements for the Compliant Material Option



Sec. 63.4940  By what date must I conduct the initial
compliance demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements in Sec. 
63.4941. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4883 and ends on the last day of 
the first full month following the compliance date. The initial 
compliance demonstration includes the calculations according to Sec. 
63.4941 and supporting documentation showing that, during the initial 
compliance period, you used no coating with an organic HAP content that 
exceeded the applicable emission limit in Sec. 63.4890, and you used no 
thinners or cleaning materials that contained organic HAP.

[[Page 1040]]



Sec. 63.4941  How do I demonstrate initial compliance with 
the emission limitations?

    You may use the compliant material option for any individual coating 
operation, for any group of coating operations in the affected source, 
or for all the coating operations in the affected source to demonstrate 
compliance with an organic HAP emission limit. You must use either the 
emission rate without add-on controls option or the emission rate with 
add-on controls option for any coating operation in the affected source 
for which you do not use this option. To demonstrate initial compliance 
using the compliant material option, during the compliance period the 
coating operation or group of coating operations must use no coating 
with an organic HAP content that exceeds the applicable emission limit 
in Sec. 63.4890 and must use no thinner or cleaning material that 
contains organic HAP as determined according to this section. Any 
coating operation for which you use the compliant material option is not 
required to comply with the operating limits or work practice standards 
required in Sec. Sec. 63.4892 and 63.4893, respectively. To demonstrate 
initial compliance with the emission limitations using the compliant 
material option, you must meet all the requirements of this section for 
the coating operation or group of coating operations using this option. 
Use the procedures in this section for each coating, thinner, and 
cleaning material in the condition it is in when it is received from its 
manufacturer or supplier and prior to any alteration. You do not need to 
redetermine the organic HAP content of cleaning materials that are 
reclaimed and reused onsite provided these materials in their condition 
as received were demonstrated to comply with the compliant material 
option.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating, thinner, and cleaning material used during the compliance 
period by using one of the options in paragraphs (a)(1) through (5) of 
this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the procedures 
specified in paragraphs (a)(1)(i) and (ii) of this section when 
performing a Method 311 test.
    (i) Count each organic HAP in Table 5 to this subpart that is 
measured to be present at 0.1 percent by mass or more and at 1.0 percent 
by mass or more for other organic HAP compounds. For example, if toluene 
(not listed in Table 5 to this subpart) is measured to be 0.5 percent of 
the material by mass, you do not have to count it. Express the mass 
fraction of each organic HAP you count as a value truncated to four 
places after the decimal point (for example, 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (for 
example, 0.763).
    (2) Method 24 in appendix A-7 of part 60. For coatings, you may use 
Method 24 to determine the mass fraction of nonaqueous volatile matter 
and use that value as a substitute for mass fraction of organic HAP. As 
an alternative to using Method 24, you may use ASTM D2369-10 (R2015), 
``Test Method for Volatile Content of Coatings'' (incorporated by 
reference, see Sec. 63.14).
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec. 63.7(f) to submit an 
alternative test method for approval.
    (4) 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) through (3) of this section, such 
as manufacturer's formulation data, if it represents each organic HAP in 
Table 5 to this subpart that is present at 0.1 percent by mass or more 
and at 1.0 percent by mass or more for other organic HAP compounds. For 
example, if toluene (not listed in Table 5 to this subpart) is 0.5 
percent of the material by mass, you do not have to count it. If there 
is a disagreement between such information and results of a test 
conducted according to paragraphs (a)(1) through (3)

[[Page 1041]]

of this section, then the test method results will take precedence.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in these 
solvent blends listed in Table 3 or 4 to this subpart. If you use the 
tables, you must use the values in Table 3 for all solvent blends that 
match Table 3 entries, and you may only use Table 4 if the solvent 
blends in the materials you use do not match any of the solvent blends 
in Table 3, and you only know whether the blend is aliphatic or 
aromatic. However, if the results of a Method 311 test indicate higher 
values than those listed on Table 3 or 4 of this subpart, the Method 311 
results will take precedence.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters of coating solids per liter of coating) for each coating used 
during the compliance period by a test or by information provided by the 
supplier or the manufacturer of the material, as specified in paragraphs 
(b)(1), (2), and (3) of this section. If test results obtained according 
to paragraph (b)(1) of this section do not agree with the information 
obtained under paragraph (b)(2) or (3) of this section, the test results 
will take precedence.
    (1) Test results. You may use ASTM D2697-03 (R2014), ``Standard Test 
Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings'', 
or D6093-97 (R2016), ``Standard Test Method for Percent Volume 
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas 
Pycnometer'' (both incorporated by reference, see Sec. 63.14), to 
determine the volume fraction of coating solids for each coating. Divide 
the nonvolatile volume percent obtained with the methods by 100 to 
calculate volume fraction of coating solids. Alternatively, you may use 
another test method once you obtain approval from the Administrator 
according to the requirements of Sec. 63.7(f).
    (2) Information from the supplier or manufacturer of the material. 
You may obtain the volume fraction of coating solids for each coating 
from the supplier or manufacturer.
    (3) Calculation of volume fraction of coating solids. If the volume 
fraction of coating solids cannot be determined using the options in 
paragraphs (b)(1) and (2) of this section, you must determine it using 
Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.019

Where:

Vs = Volume fraction of coating solids, liters coating solids 
          per liter coating.
Mvolatiles = Total volatile matter content of the coating, 
          including HAP, volatile organic compounds (VOC), water, and 
          exempt compounds, determined according to Method 24 in 
          appendix A-7 of part 60, or according to ASTM D2369--10 
          (R2015) Standard Test Method for Volatile Content of Coatings 
          (incorporated by reference, see Sec. 63.14), grams volatile 
          matter per liter coating.
Davg = Average density of volatile matter in the coating, 
          grams volatile matter per liter volatile matter, determined 
          from test results using ASTM D1475-13, ``Standard Test Method 
          for Density of Liquid Coatings, Inks, and Related Products'' 
          (incorporated by reference, see Sec. 63.14), information from 
          the supplier or manufacturer of the material, or reference 
          sources providing density or specific gravity data for pure 
          materials. If there is disagreement between ASTM D1475-13 test 
          results and other information sources, the test results will 
          take precedence.

    (c) Determine the density of each coating. You must determine the 
density of each coating used during the compliance period from test 
results using ASTM D1475-13, ``Standard Test Method for Density of 
Liquid Coatings, Inks, and Related Products'' (incorporated by 
reference, see Sec. 63.14), or information from the supplier or 
manufacturer of the material. If there is disagreement between ASTM 
D1475-13 test results and the supplier's or manufacturer's information, 
the test results will take precedence.
    (d) Calculate the organic HAP content of each coating. Calculate the 
organic

[[Page 1042]]

HAP content, kg organic HAP per liter coating solids, of each coating 
used during the compliance period, using Equation 2 of this section, 
except that if the mass fraction of organic HAP in the coating equals 
zero, then the organic HAP content also equals zero and you are not 
required to use Equation 2 to calculate the organic HAP content.
[GRAPHIC] [TIFF OMITTED] TR23MY03.020

Where:

Hc = Organic HAP content of the coating, kg organic HAP per 
          liter coating solids.
Dc = Density of coating, kg coating per liter coating, 
          determined according to paragraph (c) of this section.
Wc = Mass fraction of organic HAP in the coating, kg organic 
          HAP per kg coating, determined according to paragraph (a) of 
          this section.
Vs = Volume fraction of coating solids, liter coating solids 
          per liter coating, determined according to paragraph (b) of 
          this section.

    (e) Compliance demonstration. The calculated organic HAP content for 
each coating used during the initial compliance period must be less than 
or equal to the applicable emission limit in Sec. 63.4890 and each 
thinner and cleaning material used during the initial compliance period 
must contain no organic HAP, determined according to paragraph (a) of 
this section. You must keep all records required by Sec. Sec. 63.4930 
and 63.4931. As part of the Notification of Compliance Status required 
in Sec. 63.4910(c) and the semiannual compliance reports required in 
Sec. 63.4920, you must identify each coating operation and group of 
coating operations for which you used the compliant material option. If 
there were no deviations from the emission limit, include a statement 
that each coating operation was in compliance with the emission 
limitations during the initial compliance period because it used no 
coatings for which the organic HAP content exceeded the applicable 
emission limit in Sec. 63.4890, and it used no thinners or cleaning 
materials that contained organic HAP.

[68 FR 28619, May 23, 2003, as amended at 84 FR 9639, Mar. 15, 2019]



Sec. 63.4942  How do I demonstrate continuous compliance with
the emission limitations?

    (a) Following the initial compliance period, you must complete a 
compliance demonstration according to the requirements in Sec. 
63.4941(e) for each subsequent compliance period. Each month following 
the initial compliance period described in Sec. 63.4940 is a compliance 
period.
    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the use of any coating, thinner, or 
cleaning material that does not meet the criteria specified in paragraph 
(a) of this section is a deviation from the emission limitations that 
must be reported as specified in Sec. Sec. 63.4910(c)(6) and 
63.4920(a)(5).
    (c) As part of each semiannual compliance report required by Sec. 
63.4920, you must identify the coating operation or group of coating 
operations for which you used the compliant material option. If there 
were no deviations from the emission limits in Sec. 63.4890, submit an 
affirmative statement that the coating operation or group of coating 
operations was in compliance with the emission limitations during the 
reporting period because you used no coating for which the organic HAP 
content exceeded the applicable emission limit in Sec. 63.4890, and you 
used no thinner or cleaning material that contained organic HAP.
    (d) You must maintain records as specified in Sec. Sec. 63.4930 and 
63.4931.

 Compliance Requirements for the Emission Rate Without Add-On Controls 
                                 Option



Sec. 63.4950  By what date must I conduct the initial compliance
demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.4951. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4883 and ends on the last day of 
the first full month following the compliance date. The initial 
compliance demonstration includes the calculations

[[Page 1043]]

showing that the organic HAP emission rate for the initial compliance 
period was equal to or less than the applicable emission limit in Sec. 
63.4890.



Sec. 63.4951  How do I demonstrate initial compliance with the
emission limitations?

    You may use the emission rate without add-on controls option for any 
individual coating operation, for any group of coating operations in the 
affected source, or for all the coating operations in the affected 
source to demonstrate compliance with an organic HAP emission limit. You 
must use either the compliant material option or the emission rate with 
add-on controls option for any coating operation in the affected source 
for which you do not use this option. To demonstrate initial compliance 
using the emission rate without add-on controls option, the coating 
operation or group of coating operations must comply with the applicable 
emission limit in Sec. 63.4890, but is not required to meet the 
operating limits or work practice standards in Sec. Sec. 63.4892 and 
63.4893, respectively. You must meet all the requirements of this 
section to demonstrate initial compliance with the applicable emission 
limit in Sec. 63.4890 for the coating operation or group of coating 
operations. When calculating the organic HAP emission rate according to 
this section, do not include any coatings, thinners, or cleaning 
materials used on coating operations for which you use the compliant 
material option or the emission rate with add-on controls option. You do 
not need to include organic HAP in coatings, thinners, or cleaning 
materials that have been reclaimed onsite and reused in the coating 
operation for which you use the emission rate without add-on controls 
option.
    (a) Determine the mass fraction of organic HAP for each material. 
You must determine the mass fraction of organic HAP for each coating, 
thinner, and cleaning material used during the compliance period 
according to the requirements in Sec. 63.4941(a).
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids for 
each coating used during the compliance period according to the 
requirements in Sec. 63.4941(b).
    (c) Determine the density of each material. You must determine the 
density of each coating, thinner, and cleaning material used during the 
compliance period according to the requirements in Sec. 63.4941(c).
    (d) Determine the volume of each material used. You must determine 
the volume (liters) of each coating, thinner, and cleaning material used 
during the compliance period by measurement or usage records.
    (e) Calculate the mass of organic HAP emissions. The mass of organic 
HAP emissions is the combined mass of organic HAP contained in all 
coatings, thinners, and cleaning materials used during the compliance 
period minus the organic HAP in certain waste materials. Use Equation 1 
of this section to calculate the mass of organic HAP emissions:
[GRAPHIC] [TIFF OMITTED] TR23MY03.021

Where:

He = Total mass of organic HAP emissions during the 
          compliance period, kg.
A = Total mass of organic HAP in the coatings used during the compliance 
          period, kg, as calculated in Equation 1A of this section.
B = Total mass of organic HAP in the thinners used during the compliance 
          period, kg, as calculated in Equation 1B of this section.
C = Total mass of organic HAP in the cleaning materials used during the 
          compliance period, kg, as calculated in Equation 1C of this 
          section.
Rw = Total mass of organic HAP in waste materials sent or 
          designated for shipment to a hazardous waste TSDF for 
          treatment or disposal during the compliance period, kg, 
          determined according to paragraph (e)(4) of this section. The 
          mass of any waste material reused during the same compliance 
          period may not be included in Rw. (You may assign a 
          value of zero to Rw if you do not wish to use this 
          allowance.)

    (1) Calculate the mass of organic HAP in the coatings used during 
the compliance period, using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.022

Where:


[[Page 1044]]


A = Total mass of organic HAP in the coatings used during the compliance 
          period, kg.
Volc,i = Total volume of coating, i, used during the 
          compliance period, liters.
Dc,i = Density of coating, i, kg coating per liter coating.
Wc,i = Mass fraction of organic HAP in coating, i, kg organic 
          HAP per kg coating.
m = Number of different coatings used during the compliance period.

    (2) Calculate the mass of organic HAP in the thinners used during 
the compliance period, using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.023

Where:

B = Total mass of organic HAP in the thinners used during the compliance 
          period, kg.
Volt,j = Total volume of thinner, j, used during the 
          compliance period, liters.
Dt,j = Density of thinner, j, kg per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, kg organic 
          HAP per kg thinner.
n = Number of different thinners used during the compliance period.

    (3) Calculate the mass of organic HAP in the cleaning materials used 
during the compliance period using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.024

Where:

C = Total mass of organic HAP in the cleaning materials used during the 
          compliance period, kg.
Vols,k = Total volume of cleaning material, k, used during 
          the compliance period, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          kg organic HAP per kg material.
p = Number of different cleaning materials used during the compliance 
          period.

    (4) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF in the calculation of the total mass of organic HAP emissions 
during the compliance period in Equation 1 of this section, then you 
must determine the total mass of organic HAP in waste materials sent or 
designated for shipment to a hazardous waste TSDF for treatment or 
disposal during each compliance period, according to paragraphs 
(e)(4)(i) through (iv) of this section.
    (i) You may include in the determination of the total mass of 
organic HAP in waste materials sent or designated for shipment to a 
hazardous waste TSDF for treatment or disposal during each compliance 
period only waste materials that are generated by coating operations for 
which you use Equation 1 of this section and that will be treated or 
disposed of by a facility regulated as a TSDF under 40 CFR part 262, 
264, 265, or 266. The TSDF may be either off-site or on-site. You may 
not include in the determination of the total mass of organic HAP in 
waste materials sent or designated for shipment to a hazardous waste 
TSDF for treatment or disposal during each compliance period only waste 
materials that are generated by coating operations the organic HAP 
contained in wastewater, nor the organic HAP contained in any waste 
material reused during the same compliance period.
    (ii) You must determine either the amount of the waste materials 
sent to a TSDF during the compliance period or the amount collected and 
stored during the compliance period and designated for future transport 
to a TSDF. Do not include in your determination of the total mass of 
organic HAP in waste materials sent or designated for shipment to a 
hazardous waste TSDF for treatment or disposal during each compliance 
period only waste materials that are generated by coating operations any 
waste materials sent to a TSDF during a compliance period if you have 
already included them in the amount collected and stored during that or 
a previous compliance period.
    (iii) Determine the total mass of organic HAP contained in the waste 
materials specified in paragraph (e)(4)(ii) of this section.
    (iv) You must document your methodology to determine the amount of 
waste materials and the total mass of organic HAP they contain, as 
required in Sec. 63.4930(h). To the extent that waste manifests include 
this information,

[[Page 1045]]

they may be used as part of the documentation of the amount of waste 
materials and mass of organic HAP contained in them.
    (f) Calculate the total volume of coating solids used. Calculate the 
total volume of coating solids used, which is the combined volume of 
coating solids for all the coatings used during the compliance period, 
using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.025

Where:

Vst = Total volume of coating solids used during the 
          compliance period, liters.
Volc,i = Total volume of coating, i, used during the 
          compliance period, liters.
Vs,i = Volume fraction of coating solids for coating, i, 
          liter solids per liter coating, determined according to Sec. 
          63.4941(b).
m = Number of coatings used during the compliance period.

    (g) Calculate the organic HAP emission rate. Calculate the organic 
HAP emission rate for the compliance period, kg organic HAP per liter 
coating solids used, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.026

Where:

Havg = Organic HAP emission rate for the compliance period, 
          kg organic HAP per liter coating solids.
He = Total mass of organic HAP emissions from all materials 
          used during the compliance period, kg, as calculated by 
          Equation 1 of this section.
Vst = Total volume of coating solids used during the 
          compliance period, liters, as calculated by Equation 2 of this 
          section.

    (h) Compliance demonstration. The calculated organic HAP emission 
rate for the initial compliance period must be less than or equal to the 
applicable emission limit in Sec. 63.4890. You must keep all records as 
required by Sec. Sec. 63.4930 and 63.4931. As part of the Notification 
of Compliance Status required by Sec. 63.4910 and the semiannual 
compliance reports required in Sec. 63.4920, you must identify the 
coating operation or group of coating operations for which you used the 
emission rate without add-on controls option. If there were no 
deviations from the emission limit, include a statement that the coating 
operation or group of coating operations was in compliance with the 
emission limitations during the initial compliance period because the 
organic HAP emission rate was less than or equal to the applicable 
emission limit in Sec. 63.4890, determined according to this section.

[68 FR 28619, May 23, 2003, as amended at 84 FR 9640, Mar. 15, 2019]



Sec. 63.4952  How do I demonstrate continuous compliance with 
the emission limitations?

    (a) Following the initial compliance period, you must complete a 
compliance demonstration according to the requirements in Sec. 
63.4951(h) for each subsequent compliance period. Each month following 
the initial compliance period described in Sec. 63.4950 is a compliance 
period.
    (b) If the organic HAP emission rate for any compliance period 
exceeded the applicable emission limit in Sec. 63.4890, this is a 
deviation from the emission limitations for that compliance period and 
must be reported as specified in Sec. Sec. 63.4910(c)(6) and 
63.4920(a)(6).
    (c) As part of each semiannual compliance report required by Sec. 
63.4920, you must identify the coating operation or group of coating 
operations for which you used the emission rate without add-on controls 
option. If there were no deviations from the emission limitations, you 
must submit an affirmative statement that the coating operation or group 
of coating operations was in compliance with the emission limitations 
during the reporting period because the organic HAP emission rate for 
each compliance period was less than or equal to the applicable emission 
limit in Sec. 63.4890.
    (d) You must maintain records as specified in Sec. Sec. 63.4930 and 
63.4931.

[[Page 1046]]

   Compliance Requirements for the Emission Rate With Add-On Controls 
                                 Option



Sec. 63.4960  By what date must I conduct initial performance
tests and other initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.4883. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.4961(j), you must conduct a performance test of each capture system 
and add-on control device according to Sec. Sec. 63.4963, 63.4964, and 
63.4965, and establish the operating limits required by Sec. 63.4892, 
no later than 180 days after the applicable compliance date specified in 
Sec. 63.4883. For a solvent recovery system for which you conduct 
liquid-liquid material balances according to Sec. 63.4961(j), you must 
initiate the first material balance no later than 180 days after the 
applicable compliance date specified in Sec. 63.4883.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4893 no later than the compliance date specified in 
Sec. 63.4883.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.4961. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4883 and ends on the last day of 
the first full month following the compliance date. The initial 
compliance demonstration includes the results of emission capture system 
and add-on control device performance tests conducted according to 
Sec. Sec. 63.4963, 63.4964, and 63.4965; results of liquid-liquid 
material balances conducted according to Sec. 63.4961(j); calculations 
showing whether the organic HAP emission rate for the initial compliance 
period was equal to or less than the emission limit in Sec. 63.4890; 
the operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by Sec. 
63.4967; and documentation of whether you developed and implemented the 
work practice plan required by Sec. 63.4893.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec. 
63.4892 until after you have completed the performance tests specified 
in paragraph (a)(1) of this section. Instead, you must maintain a log 
detailing the operation and maintenance of the emission capture system, 
add-on control device, and continuous parameter monitors during the 
period between the compliance date and the performance test. You must 
begin complying with the operating limits for your affected source on 
the date you complete the performance tests specified in paragraph 
(a)(1) of this section. The requirements in this paragraph (a)(4) do not 
apply to solvent recovery systems for which you conduct liquid-liquid 
material balances.
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.4883. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec. 
63.4961(j), you must conduct a performance test of each capture system 
and add-on control device according to the procedures in Sec. Sec. 
63.4963, 63.4964, and 63.4965, and establish the operating limits 
required by Sec. 63.4892, no later than the compliance date specified 
in Sec. 63.4883. For a solvent recovery system for which you conduct 
liquid-liquid material balances according to Sec. 63.4961(j), you must 
initiate the first material balance no later than the compliance date 
specified in Sec. 63.4883.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4893 no later than the compliance date specified in 
Sec. 63.4883.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec. 
63.4961. The initial compliance period begins on the applicable 
compliance date specified in

[[Page 1047]]

Sec. 63.4883 and ends on the last day of the first full month following 
the compliance date. The initial compliance demonstration includes the 
results of emission capture system and add-on control device performance 
tests conducted according to Sec. Sec. 63.4963, 63.4964, and 63.4965; 
results of liquid-liquid material balances conducted according to Sec. 
63.4961(j); calculations showing whether the organic HAP emission rate 
for the initial compliance period was equal to or less than the emission 
limit in Sec. 63.4890(c); the operating limits established during the 
performance tests and the results of the continuous parameter monitoring 
required by Sec. 63.4967; and documentation of whether you developed 
and implemented the work practice plan required by Sec. 63.4893.



Sec. 63.4961  How do I demonstrate initial compliance?

    (a) When add-on controls are used. You may use the emission rate 
with add-on controls option for any coating operation, for any group of 
coating operations in the affected source, or for all of the coating 
operations in the affected source. You may include both controlled and 
uncontrolled coating operations in a group for which you use this 
option. You must use either the compliant material option or the 
emission rate without add-on controls option for any coating operation 
in the affected source for which you do not use the emission rate with 
add-on controls option. To demonstrate initial compliance, the coating 
operation or group of coating operations for which you use the emission 
rate with add-on controls option must meet the applicable emission limit 
in Sec. 63.4890, and each controlled coating operation must meet the 
operating limits and work practice standards required in Sec. Sec. 
63.4892 and 63.4893, respectively. You must meet all the requirements of 
this section to demonstrate initial compliance with the emission 
limitations. When calculating the organic HAP emission rate according to 
this section, do not include any coatings, thinners, or cleaning 
materials used on coating operations for which you use the compliant 
material option or the emission rate without add-on controls option.
    (b) Compliance with operating limits. Except as provided in Sec. 
63.4960(a)(4), you must establish and demonstrate continuous compliance 
during the initial compliance period with the operating limits required 
by Sec. 63.4892, using the procedures specified in Sec. Sec. 63.4966 
and 63.4967.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.4893 during the initial compliance period, as 
specified in Sec. 63.4930.
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (m) of this section to demonstrate compliance 
with the applicable emission limit in Sec. 63.4890.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec. 63.4951(a) through (d) to determine the mass fraction 
of organic HAP, density, and volume of each coating, thinner, and 
cleaning material used during each compliance period and the volume 
fraction of coating solids for each coating used during each compliance 
period.
    (f) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec. 63.4951, calculate the total mass of 
organic HAP emissions before add-on controls from all coatings, 
thinners, and cleaning materials used during the compliance period.
    (g) Calculate the organic HAP emission reduction for each controlled 
coating operation. Determine the mass of organic HAP emissions reduced 
for each controlled coating operation during each compliance period. The 
emission reduction determination quantifies the total organic HAP 
emissions that pass through the emission capture system and are 
destroyed or removed by the add-on control device. Use the procedures in 
paragraph (h) of this section to calculate the mass of organic HAP 
emission reduction for each controlled coating operation using an 
emission

[[Page 1048]]

capture system and add-on control device other than a solvent recovery 
system for which you conduct liquid-liquid material balances. For each 
controlled coating operation using a solvent recovery system for which 
you conduct a liquid-liquid material balance, use the procedures in 
paragraph (j) of this section to calculate the organic HAP emission 
reduction.
    (h) Calculate the organic HAP emission reduction for controlled 
coating operations not using liquid-liquid material balance. For each 
controlled coating operation using an emission capture system and add-on 
control device other than a solvent recovery system for which you 
conduct liquid-liquid material balances, calculate the organic HAP 
emission reduction, using Equation 1 of this section. The calculation 
applies the emission capture system efficiency and add-on control device 
efficiency to the mass of organic HAP contained in the coatings, 
thinners, and cleaning materials that are used in the coating operation 
served by the emission capture system and add-on control device during 
the compliance period. For any period of time a deviation specified in 
Sec. 63.4962(c) or (d) occurs in the controlled coating operation, you 
must assume zero efficiency for the emission capture system and add-on 
control device. Equation 1 of this section treats the materials used 
during such a deviation as if they were used on an uncontrolled coating 
operation for the time period of the deviation:
[GRAPHIC] [TIFF OMITTED] TR15MR19.001

Where:

HR = Mass of organic HAP emission reduction for the 
          controlled coating operation during the compliance period, kg.
AI = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the compliance period, 
          excluding coatings used during deviations, kg, as calculated 
          in Equation 1A of this section.
BI = Total mass of organic HAP in the thinners used in the 
          controlled coating operation during the compliance period, 
          excluding thinners used during deviations, kg, as calculated 
          in Equation 1B of this section.
CI = Total mass of organic HAP in the cleaning materials used 
          in the controlled coating operation during the compliance 
          period, excluding cleaning materials used during deviations, 
          kg, as calculated in Equation 1C of this section.
Rw = Total mass of organic HAP in waste materials sent or 
          designated for shipment to a hazardous waste TSDF for 
          treatment or disposal during the compliance period, kg, 
          determined according to Sec. 63.4951(e)(4). The mass of any 
          waste material reused during the same compliance period may 
          not be included in Rw. (You may assign a value of 
          zero to Rw if you do not wish to use this 
          allowance.)
CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent. Use the test methods and 
          procedures specified in Sec. Sec. 63.4963 and 63.4964 to 
          measure and record capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
          control device, percent. Use the test methods and procedures 
          in Sec. Sec. 63.4963 and 63.4965 to measure and record the 
          organic HAP destruction or removal efficiency.
Hunc = Total mass of organic HAP in the coatings, thinners, 
          and cleaning materials used during all deviations specified in 
          Sec. 63.4962(c) and (d) that occurred during the compliance 
          period in the controlled coating operation, kg, as calculated 
          in Equation 1D of this section.

    (1) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation, using Equation 1A of this section. Do not 
include in the calculation the coatings used during any deviation 
specified in Sec. 63.4962(c) or (d) that occurred during the month. 
Include such coatings in the calculation of the total mass of organic 
HAP in the coatings, thinners, and cleaning materials used during all 
deviations that occurred during the compliance period in the controlled 
coating operation in Equation 1D of this section.

[[Page 1049]]

[GRAPHIC] [TIFF OMITTED] TR23MY03.028

Where:

AI = Total mass of organic HAP in the coatings used in the 
          controlled coating operation during the compliance period, 
          excluding coatings used during deviations, kg.
Volc,i = Total volume of coating, i, used during the 
          compliance period except during deviations, liters.
Dc,i = Density of coating, i, kg per liter.
Wc,i = Mass fraction of organic HAP in coating, i, kg per kg.
m = Number of different coatings used.

    (2) Calculate the mass of organic HAP in the thinners used in the 
controlled coating operation, using Equation 1B of this section. Do not 
include in the calculation the thinners used during any deviation 
specified in Sec. 63.4962(c) or (d) that occurred during the month. 
Include such coatings in the calculation of the total mass of organic 
HAP in the coatings, thinners, and cleaning materials used during all 
deviations that occurred during the compliance period in the controlled 
coating operation in Equation 1D of this section.
[GRAPHIC] [TIFF OMITTED] TR23MY03.029

Where:

BI = Total mass of organic HAP in the thinners used in the 
          controlled coating operation during the compliance period, 
          excluding thinners used during deviations, kg.
Volt,j = Total volume of thinner, j, used during the 
          compliance period except during deviations, liters.
Dt,j = Density of thinner, j, kg per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, kg per kg.
n = Number of different thinners used.

    (3) Calculate the mass of organic HAP in the cleaning materials used 
in the controlled coating operation, using Equation 1C of this section. 
Do not include in the calculation the cleaning materials used during any 
deviation specified in Sec. 63.4962(c) or (d) that occurred during the 
compliance period. Include such cleaning materials in the calculation of 
the total mass of organic HAP in the coatings, thinners, and cleaning 
materials used during all deviations that occurred during the compliance 
period in the controlled coating operation in Equation 1D of this 
section.
[GRAPHIC] [TIFF OMITTED] TR23MY03.030

Where:

CI = Total mass of organic HAP in the cleaning materials used 
          in the controlled coating operation during the compliance 
          period, excluding cleaning materials used during deviations, 
          kg.
Vols,k = Total volume of cleaning material, k, used during 
          the compliance period except during deviations, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          kg per kg.
p = Number of different cleaning materials used.

    (4) Calculate the mass of organic HAP in the coatings, thinners, and 
cleaning materials used in the controlled coating operation during 
deviations specified in Sec. 63.4962(c) and (d), using Equation 1D of 
this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.031

Where:

Hunc = Total mass of organic HAP in the coatings, thinners, 
          and cleaning materials used during all deviations specified in 
          Sec. 63.4962(c) and (d) that occurred during the compliance 
          period in the controlled coating operation, kg.
Volh = Total volume of coating, thinner, or cleaning 
          material, h, used in the controlled coating operation during 
          deviations, liters.
Dh = Density of coating, thinner, or cleaning material, h, kg 
          per liter.
Wh = Mass fraction of organic HAP in coating, thinner, or 
          cleaning material, h, kg organic HAP per kg coating.
q = Number of different coatings, thinning solvents, or cleaning 
          materials.

    (i) [Reserved]
    (j) Calculate the organic HAP emission reduction for controlled 
coating operations using liquid-liquid material balance. For each 
controlled coating operation using a solvent recovery system for which 
you conduct liquid-liquid

[[Page 1050]]

material balances, calculate the organic HAP emission reduction by 
applying the volatile organic matter collection and recovery efficiency 
to the mass of organic HAP contained in the coatings, thinners, and 
cleaning materials that are used in the coating operation controlled by 
the solvent recovery system during the compliance period. Perform a 
liquid-liquid material balance for each compliance period as specified 
in paragraphs (j)(1) through (6) of this section. Calculate the mass of 
organic HAP emission reduction by the solvent recovery system as 
specified in paragraph (j)(7) of this section.
    (1) For each solvent recovery system, you must install, calibrate, 
maintain, and operate according to the manufacturer's specifications, a 
device that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each compliance period. The 
device must be initially certified by the manufacturer to be accurate to 
within 2.0 percent of the mass of volatile organic 
matter recovered.
    (2) For each solvent recovery system, determine the mass of volatile 
organic matter recovered for the compliance period, based on measurement 
with the device required in paragraph (j)(1) of this section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating, thinner, and cleaning material used in the coating operation 
controlled by the solvent recovery system during the compliance period. 
You may determine the volatile organic matter mass fraction using Method 
24 in appendix A-7 of part 60, ASTM D2369-10 (R2015), ``Test Method for 
Volatile Content of Coatings'' (incorporated by reference, see Sec. 
63.14), or an EPA-approved alternative method. Alternatively, you may 
use information provided by the manufacturer or supplier of the coating. 
In the event of any inconsistency between information provided by the 
manufacturer or supplier and the results of Method 24, ASTM D2369-10 
(R2015), or an approved alternative method, the test method results will 
govern.
    (4) Determine the density of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the compliance period according to Sec. 
63.4951(c).
    (5) Measure the volume of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the compliance period.
    (6) For each compliance period, calculate the solvent recovery 
system's volatile organic matter collection and recovery efficiency, 
using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.032

Where:

RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system during the 
          compliance period, percent.
MVR = Mass of volatile organic matter recovered by the 
          solvent recovery system during the compliance period, kg.
Voli = Volume of coating, i, used in the coating operation 
          controlled by the solvent recovery system during the 
          compliance period, liters.
Di = Density of coating, i, kg per liter.
WVc,i = Mass fraction of volatile organic matter for coating, 
          i, kg volatile organic matter per kg coating.
Volj = Volume of thinner, j, used in the coating operation 
          controlled by the solvent recovery system during the 
          compliance period, liters.
Dj = Density of thinner, j, kg per liter.
WVt,j = Mass fraction of volatile organic matter for thinner, 
          j, kg volatile organic matter per kg thinner.
Volk = Volume of cleaning material, k, used in the coating 
          operation controlled by the solvent recovery system during the 
          compliance period, liters.

[[Page 1051]]

Dk = Density of cleaning material, k, kg per liter.
WVs,k = Mass fraction of volatile organic matter for cleaning 
          material, k, kg volatile organic matter per kg cleaning 
          material.
m = Number of different coatings used in the coating operation 
          controlled by the solvent recovery system during the 
          compliance period.
n = Number of different thinners used in the coating operation 
          controlled by the solvent recovery system during the 
          compliance period.
p = Number of different cleaning materials used in the coating operation 
          controlled by the solvent recovery system during the 
          compliance period.

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
compliance period, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.033

Where:

HCSR = Mass of organic HAP emission reduction for the coating 
          operation controlled by the solvent recovery system during the 
          compliance period, kg.
ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system, 
          kg, calculated using Equation 3A of this section.
BCSR = Total mass of organic HAP in the thinners used in the 
          coating operation controlled by the solvent recovery system, 
          kg, calculated using Equation 3B of this section.
CCSR = Total mass of organic HAP in the cleaning materials 
          used in the coating operation controlled by the solvent 
          recovery system, kg, calculated using Equation 3C of this 
          section.
RV = Volatile organic matter collection and recovery 
          efficiency of the solvent recovery system, percent, from 
          Equation 2 of this section.

    (i) Calculate the mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 3A of this section.
[GRAPHIC] [TIFF OMITTED] TR23MY03.034

Where:

ACSR = Total mass of organic HAP in the coatings used in the 
          coating operation controlled by the solvent recovery system 
          during the month, kg.
Volc,i = Total volume of coating, i, used during the month in 
          the coating operation controlled by the solvent recovery 
          system, liters.
Dc,i = Density of coating, i, kg coating per liter coating.
Wc,i = Mass fraction of organic HAP in coating, i, kg organic 
          HAP per kg coating.
m = Number of different coatings used.

    (ii) Calculate the mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system, using 
Equation 3B of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.035

Where:

BCSR = Total mass of organic HAP in the thinners used in the 
          coating operation controlled by the solvent recovery system 
          during the month, kg.
Volt,j = Total volume of thinner, j, used during the month in 
          the coating operation controlled by the solvent recovery 
          system, liters.
Dt,j = Density of thinner, j, kg thinner per liter thinner.
Wt,j = Mass fraction of organic HAP in thinner, j, kg organic 
          HAP per kg thinner.
n = Number of different thinners used.

    (iii) Calculate the mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery system 
during the month, using Equation 3C of this section:

[[Page 1052]]

[GRAPHIC] [TIFF OMITTED] TR23MY03.036

Where:

CCSR = Total mass of organic HAP in the cleaning materials 
          used in the coating operation controlled by the solvent 
          recovery system during the month, kg.
Vols,k = Total volume of cleaning material, k, used during 
          the month in the coating operation controlled by the solvent 
          recovery system, liters.
Ds,k = Density of cleaning material, k, kg cleaning material 
          per liter cleaning material.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
          kg organic HAP per kg cleaning material.
p = Number of different cleaning materials used.

    (k) Calculate the total volume of coating solids used. Calculate the 
total volume of coating solids used, which is the combined volume of 
coating solids for all the coatings used during the compliance period, 
using Equation 2 of Sec. 63.4951.
    (l) Calculate the organic HAP emissions rate. Calculate the organic 
HAP emission rate to the atmosphere, using Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.037

Where:

Hhap = Organic HAP emission rate for the compliance period, 
          kg organic HAP per liter coating solids.
He = Total mass of organic HAP emissions before add-on 
          controls from all the coatings, thinners, and cleaning 
          materials used during the compliance period, kg, determined 
          according to paragraph (f) of this section.
HR,i = Total mass of organic HAP emission reduction for 
          controlled coating operation, i, not using liquid-liquid 
          material balances, during the compliance period, kg, from 
          Equation 1 of this section.
HCSR,j = Total mass of organic HAP emission reduction for 
          controlled coating operation, j, using a liquid-liquid 
          material balance, during the compliance period, kg, from 
          Equation 3 of this section.
Vst = Total volume of coating solids used during the 
          compliance period, liters, from Equation 2 of Sec. 63.4951.
q = Number of controlled coating operations except those controlled with 
          a solvent recovery system.
r = Number of coating operations controlled with a solvent recovery 
          system.

    (m) Compliance demonstration. To demonstrate initial compliance with 
the emission limit during the compliance period as calculated using 
Equation 4 of this section, the HAP emission rate for the compliance 
period must be less than or equal to the applicable emission limit in 
Sec. 63.4890. You must keep all records as required by Sec. Sec. 
63.4930 and 63.4931. As part of the Notification of Compliance Status 
required by Sec. 63.4910 and the semiannual compliance reports required 
in Sec. 63.4920, you must identify the coating operation or group of 
coating operations for which you used the emission rate with add-on 
controls option. If there were no deviations from the emission limit, 
include a statement that the coating operation or group of coating 
operations was in compliance with the emission limitations during the 
initial compliance period because the organic HAP emission rate was less 
than or equal to the applicable emission limit in Sec. 63.4890, and you 
achieved the operating limits required by Sec. 63.4892 and the work 
practice standards required by Sec. 63.4893.

[68 FR 28619, May 23, 2003, as amended at 84 FR 9640, Mar. 15, 2019]



Sec. 63.4962  How do I conduct periodic performance tests and
demonstrate continuous compliance with the emission limitations?

    (a) Following the initial compliance period, you must complete a 
compliance demonstration according to the requirements in Sec. 
63.4961(m) for each subsequent compliance period. Each month following 
the initial compliance period described in Sec. 63.4960 is a compliance 
period.
    (b) If the organic HAP emission rate for any compliance period 
exceeded the applicable emission limit in Sec. 63.4890, this is a 
deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec. 63.4910(c)(6) and 
63.4920(a)(7).

[[Page 1053]]

    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.4892 that applies to you, as specified in 
Table 1 to this subpart, and you must conduct periodic performance tests 
as specified in paragraph (c)(3) of this section.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 to this subpart, this is a deviation from the operating limit 
that must be reported as specified in Sec. Sec. 63.4910(c)(6) and 
63.4920(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 1 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation. For the purposes of 
completing the compliance calculations specified in Sec. 63.4961, you 
must treat the materials used during a deviation on a controlled coating 
operation as if they were used on an uncontrolled coating operation for 
the time period of the deviation, as indicated in Equation 1 of Sec. 
63.4961.
    (3) Except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec. 63.4961(j), within 5 
years following the previous performance test, you must conduct 
according to the procedures in Sec. Sec. 63.4963, 63.4964, and 63.4965 
a periodic performance test of each capture system and add-on control 
device used, and you must establish the operating limits required by 
Sec. 63.4892. You must conduct the first periodic performance test and 
establish the operating limits required by Sec. 63.4892 before March 
15, 2022, 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 40 CFR part 71 and have conducted a 
performance test on or after March 15, 2017. 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.
    (d) You must meet the requirements for bypass lines in Sec. 
63.4967(b) for controlled coating operations for which you do not 
conduct liquid-liquid material balances. If any bypass line is opened 
and emissions are diverted to the atmosphere when the coating operation 
is running, this is a deviation that must be reported as specified in 
Sec. Sec. 63.4910(c)(6) and 63.4920(a)(7). For the purposes of 
completing the compliance calculations in Sec. 63.4961, you must treat 
the materials used during a deviation on a controlled coating operation 
as if they were used on an uncontrolled coating operation for the time 
period of the deviation, as indicated in Equation 1 of Sec. 63.4961.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.4893. If you did not develop a work 
practice plan, or you did not implement the plan, or you did not keep 
the records required by Sec. 63.4930(k)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec. 63.4910(c)(6) and 63.4920(a)(7).
    (f) As part of each semiannual compliance report required in Sec. 
63.4920, you must identify the coating operation or group of coating 
operations for which you used the emission rate with add-on controls 
option. If there were no deviations from the emission limitations, 
submit an affirmative statement that you were in compliance with the 
emission limitations during the reporting period because the organic HAP 
emission rate for each compliance period was less than or equal to the 
applicable emission limit in Sec. 63.4890, and you achieved the 
operating limits required by Sec. 63.4892 and the work practice 
standards required by Sec. 63.4893 during each compliance period.
    (g)-(h) [Reserved]
    (i) You must maintain records as specified in Sec. Sec. 63.4930 and 
63.4931.

[68 FR 28619, May 23, 2003, as amended at 71 FR 20466, Apr. 20, 2006; 84 
FR 9641, Mar. 15, 2019]



Sec. 63.4963  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec. Sec. 
63.4960 and 63.4962 according to the requirements in this section unless 
you obtain a waiver of the performance test according to the provisions 
in Sec. 63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct

[[Page 1054]]

the performance test under representative operating conditions for the 
coating operation. Operations during periods of startup, shutdown, or 
nonoperation do not constitute representative conditions for purposes of 
conducting a performance test. The owner or operator 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.
    (2) Representative emission capture system and add-on control device 
operating conditions. You must conduct the performance test when the 
emission capture system and add-on control device are operating at a 
representative flow rate, and the add-on control device is operating at 
a representative inlet concentration. You must record information that 
is necessary to document emission capture system and add-on control 
device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.4964. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec. 63.4965.
    (c) The performance test to determine add-on control device organic 
HAP destruction or removal efficiency must consist of three runs as 
specified in Sec. 63.7(e)(3) and each run must last at least 1 hour.

[68 FR 28619, May 23, 2003, as amended at 84 FR 9641, Mar. 15, 2019]



Sec. 63.4964  How do I determine the emission capture system efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required by 
Sec. 63.4960.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the 
enclosure to an add-on control device.
    (2) All coatings, thinners, and cleaning materials used in the 
coating operation are applied within the capture system; coating solvent 
flash-off and coating, curing, and drying occurs within the capture 
system; and the removal of or evaporation of cleaning materials from the 
surfaces they are applied to occurs within the capture system. For 
example, this criterion is not met if parts enter the open shop 
environment when being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours duration or the length of a production run, whichever is 
longer, up to 8 hours. For the purposes of this test, a production run 
means the time required for a single part to go from the beginning to 
the end of production, which includes surface preparation activities and 
drying or curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of TVH emissions not captured by the emission 
capture system. Use a temporary total enclosure or a building enclosure 
and the procedures in paragraphs (c)(1) through (6) of this section to 
measure emission capture system efficiency using the liquid-to-
uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings, thinners, and cleaning materials 
are applied, and all areas where emissions

[[Page 1055]]

from these applied coatings and materials subsequently occur, such as 
flash-off, curing, and drying areas. The areas of the coating operation 
where capture devices collect emissions for routing to an add-on control 
device, such as the entrance and exit areas of an oven or spray booth, 
must also be inside the enclosure. The enclosure must meet the 
applicable definition of a temporary total enclosure or building 
enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction, kg TVH per kg material, of TVH liquid input 
from each coating, thinner, and cleaning material used in the coating 
operation during each capture efficiency test run. To make the 
determination, substitute TVH for each occurrence of the term VOC in the 
methods.
    (3) Use Equation 1 of this section to calculate the mass of TVH 
liquid input from all the coatings, thinners, and cleaning materials 
used in the coating operation during each capture efficiency test run:
[GRAPHIC] [TIFF OMITTED] TR23MY03.038

Where:

TVHused = Mass of liquid total volatile hydrocarbons in 
          materials used in the coating operation during the capture 
          efficiency test run, lb.
TVHi = Mass fraction of TVH in coating, thinner, or cleaning 
          material, i, that is used in the coating operation during the 
          capture efficiency test run, kg TVH per kg material.
Voli = Total volume of coating, thinner, or cleaning 
          material, i, used in the coating operation during the capture 
          efficiency test run, liters.
Di = Density of coating, thinner, or cleaning material, i, kg 
          material per liter material.
n = Number of different coatings, thinners, and cleaning materials used 
          in the coating operation during the capture efficiency test 
          run.

    (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure 
the total mass of TVH emissions that are not captured by the emission 
capture system; they are measured as they exit the temporary total 
enclosure or building enclosure during each capture efficiency test run. 
To make the measurement, substitute TVH for each occurrence of the term 
VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound emitting 
operations inside the building enclosure, other than the coating 
operation for which capture efficiency is being determined, must be shut 
down, but all fans and blowers must be operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system, using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.039

Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHused = Total mass of TVH liquid input used in the coating 
          operation during the capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a

[[Page 1056]]

building enclosure and the procedures in paragraphs (d)(1) through (5) 
of this section to measure emission capture system efficiency using the 
gas-to-gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the coating operation where coatings, thinners, and cleaning materials 
are applied, and all areas where emissions from these applied coatings 
and materials subsequently occur, such as flash-off, curing, and drying 
areas. The areas of the coating operation where capture devices collect 
emissions generated by the coating operation for routing to an add-on 
control device, such as the entrance and exit areas of an oven or a 
spray booth, must also be inside the enclosure. The enclosure must meet 
the applicable definition of a temporary total enclosure or building 
enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass of TVH emissions captured by the emission capture 
system during each capture efficiency test run as measured at the inlet 
to the add-on control device. To make the measurement, substitute TVH 
for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or 204C measurement must 
be upstream from the add-on control device and must represent total 
emissions routed from the capture system and entering the add-on control 
device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass of TVH emissions that are not captured by the 
emission capture system; they are measured as they exit the temporary 
total enclosure or building enclosure during each capture efficiency 
test run. To make the measurement, substitute TVH for each occurrence of 
the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound emitting 
operations inside the building enclosure, other than the coating 
operation for which capture efficiency is being determined, must be shut 
down, but all fans and blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system, using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.040

Where:

CE = Capture efficiency of the emission capture system vented to the 
          add-on control device, percent.
TVHcaptured = Total mass of TVH captured by the emission 
          capture system as measured at the inlet to the add-on control 
          device during the emission capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg.

    (5) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (e) Alternative capture efficiency protocol. As an alternative to 
the procedures specified in paragraphs (c) and (d) of this section, you 
may determine capture efficiency using any other capture efficiency 
protocol and test methods that satisfy the criteria of either the DQO or 
LCL approach as described in appendix A to subpart KK of this part.

[[Page 1057]]



Sec. 63.4965  How do I determine the add-on control device emission
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec. 63.4960. 
You must conduct three test runs as specified in Sec. 63.7(e)(3), and 
each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A in appendix A-1 of part 60, as appropriate, 
to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F in appendix A-1, or Method 2G in 
appendix A-2, of part 60, as appropriate, to measure gas volumetric flow 
rate.
    (3) Use Method 3, 3A, or 3B in appendix A-2 of part 60, as 
appropriate, for gas analysis to determine dry molecular weight. You may 
also use as an alternative to Method 3B, the manual method for measuring 
the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas 
in ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 10, 
Instruments and Apparatus]'' (incorporated by reference, see Sec. 
63.14).
    (4) Use Method 4 in appendix A-3 of part 60 to determine stack gas 
moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either Method 25 or 25A in appendix A-7 of part 60, as specified in 
paragraphs (b)(1) through (3) of this section. You must use the same 
method for both the inlet and outlet measurements. You may use Method 18 
in appendix A-6 of part 60 to subtract methane emissions from measured 
total gaseous organic mass emissions as carbon.
    (1) Use EPA Method 25 to appendix A-7 to part 60 if the add-on 
control device is an oxidizer and you expect the total gaseous organic 
concentration as carbon to be more than 50 parts per million (ppm) at 
the control device outlet.
    (2) Use EPA Method 25A to appendix A-7 to part 60 if the add-on 
control device is an oxidizer and you expect the total gaseous organic 
concentration as carbon to be 50 ppm or less at the control device 
outlet.
    (3) Use EPA Method 25A to appendix A-7 to part 60 if the add-on 
control device is not an oxidizer.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator with 
an outlet for the high-volume, dilute stream that has been treated by 
the concentrator, and a second add-on control device is an oxidizer with 
an outlet for the low-volume, concentrated stream that is treated with 
the oxidizer, you must measure emissions at the outlet of the oxidizer 
and the high volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic emissions 
mass flow rates for the inlet and the outlet of the add-on control 
device, using Equation 1 of this section. If there is more than one 
inlet or outlet to the add-on control device, you must calculate the 
total gaseous organic mass flow rate using Equation 1 of this section 
for each inlet and each outlet and then total all of the inlet emissions 
and total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TR23MY03.041

Where:

Mf = Total gaseous organic emissions mass flow rate, kg/per 
          hour (h).
Qsd = Volumetric flow rate of gases entering or exiting the 
          add-on control device, as determined by Method 2, 2A, 2C, 2D, 
          2F, or 2G, dry standard cubic meters/hour (dscm/h).
Cc = Concentration of organic compounds as carbon in the vent 
          gas, as determined by Method 25 or Method 25A, parts per 
          million by volume (ppmv), dry basis.
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
          (mol/m\3\) (@ 293 Kelvin (K) and 760 millimeters of mercury 
          (mmHg)).


[[Page 1058]]


    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.042

Where:

DRE = Organic emissions destruction or removal efficiency of the add-on 
          control device, percent.
Mfi = Total gaseous organic emissions mass flow rate at the 
          inlet(s) to the add-on control device, using Equation 1 of 
          this section, kg/h.
Mfo = Total gaseous organic emissions mass flow rate at the 
          outlet(s) of the add-on control device, using Equation 1 of 
          this section, kg/h.

    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.

[68 FR 28619, May 23, 2003, as amended at 84 FR 9641, Mar. 15, 2019; 85 
FR 41161, July 8, 2020]



Sec. 63.4966  How do I establish the emission capture system and
add-on control device operating limits during performance tests?

    During the performance tests required by Sec. Sec. 63.4960 and 
63.4962, and described in Sec. Sec. 63.4963, 63.4964, and 63.4965, you 
must establish the operating limits required by Sec. 63.4892 according 
to this section, unless you have received approval for alternative 
monitoring and operating limits under Sec. 63.8(f) as specified in 
Sec. 63.4892.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of the 
three test runs. You must monitor the temperature in the firebox of the 
thermal oxidizer or immediately downstream of the firebox before any 
substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed maintained during 
the performance test. These are the minimum operating limits for your 
catalytic oxidizer.
    (3) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet to 
the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During the performance test, you must monitor 
and record the temperature just before the catalyst bed at least once 
every 15 minutes during each of the three test runs. Use the data 
collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. This is the minimum operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, at 
a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) 
of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.

[[Page 1059]]

    (ii) Monthly inspection of the oxidizer system, including the burner 
assembly and fuel supply lines for problems and, as necessary, adjust 
the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must replace the catalyst bed or take corrective 
action consistent with the manufacturer's recommendations and conduct a 
new performance test to determine destruction efficiency according to 
Sec. 63.4965.
    (c) Carbon adsorbers. If your add-on control device is a carbon 
adsorber, establish the operating limits according to paragraphs (c)(1) 
and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing gas 
(e.g., steam or nitrogen) mass flow for each regeneration cycle, and the 
carbon bed temperature after each carbon bed regeneration and cooling 
cycle, for the regeneration cycle either immediately preceding or 
immediately following the performance test.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle and 
the maximum carbon bed temperature recorded after the cooling cycle.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) of 
this section.
    (1) During the performance test, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average condenser outlet (product side) gas temperature 
maintained during the performance test. This average condenser outlet 
gas temperature is the maximum operating limit for your condenser.
    (e) Emission capture system. For each capture device that is not 
part of a PTE that meets the criteria of Sec. 63.4964(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (e)(1) and (2) of this section. The 
operating limit for a PTE is specified in Table 1 to this subpart.
    (1) During the capture efficiency determination required by 
Sec. Sec. 63.4960 and 63.4962, and described in Sec. Sec. 63.4963 and 
63.4964, you must monitor and record either the gas volumetric flow rate 
or the duct static pressure for each separate capture device in your 
emission capture system at least once every 15 minutes during each of 
the three test runs at a point in the duct between the capture device 
and the add-on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device. 
This average gas volumetric flow rate or duct static pressure is the 
minimum operating limit for that specific capture device.
    (f) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (f)(1) through (4) of this section.
    (1) During the performance test, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature. This is the minimum operating limit 
for the desorption concentrate gas stream temperature.
    (3) During the performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least once 
every 15 minutes during each of the three runs of the performance test.
    (4) Use the data collected during the performance test to calculate 
and record the average pressure drop. This is the maximum operating 
limit for the dilute stream across the concentrator.
    (g) Bioreactors. If you are using a bioreactor, you must comply with 
the provisions for the use of an alternative monitoring method as set 
forth in 40 CFR 63.8(f).

[68 FR 28619, May 23, 2003, as amended at 84 FR 9641, Mar. 15, 2019]

[[Page 1060]]



Sec. 63.4967  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), and (f) of this section according to 
paragraphs (a)(1) through (6) of this section. You must install, 
operate, and maintain each CPMS specified in paragraphs (b) and (d) of 
this section according to paragraphs (a)(3) through (5) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for each 
3-hour period of the emission capture system and add-on control device 
operation.
    (3) You must record the results of each inspection, calibration, and 
validation check of the CPMS.
    (4) You must maintain the CPMS at all times in accordance with Sec. 
63.4900(b) and have readily available necessary parts for routine 
repairs of the monitoring equipment.
    (5) Before September 12, 2019, you must operate the CPMS and collect 
emission capture system and add-on control device parameter data at all 
times that a controlled coating operation is operating, except during 
monitoring malfunctions, repairs to correct the monitor malfunctions, 
and required quality assurance or control activities (including, if 
applicable, calibration checks and required zero and span adjustments). 
On and after September 12, 2019, you must operate the CPMS and collect 
emission capture system and add-on control device parameter data at all 
times in accordance with Sec. 63.4900(b).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, repairs 
to correct the monitor malfunctions, out-of-control periods, or required 
quality assurance or control activities when calculating data averages. 
You must use all the data collected during all other periods in 
calculating the data averages for determining compliance with the 
emission capture system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Any period for which the 
monitoring system is out-of-control and data are not available for 
required calculations is a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must be 
recorded, as well as every time the flow direction is changed. The flow 
control position indicator must be installed at the entrance to any 
bypass line that could divert the emissions away from the add-on control 
device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass line 
valve in the closed 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 
closed position, and the emissions are not diverted away from the add-on 
control device to the atmosphere.

[[Page 1061]]

    (iii) Valve closure monitoring. Ensure that any bypass line valve is 
in the closed (nondiverting) position through monitoring of valve 
position at least once every 15 minutes. You must inspect the monitoring 
system at least once every month to verify that the monitor will 
indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the coating operation is stopped when flow is diverted by the 
bypass line away from the add-on control device to the atmosphere when 
the coating operation is running. You must inspect the automatic 
shutdown system at least once every month to verify that it will detect 
diversions of flow and shut down the coating operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec. 63.4920.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section:
    (1) For a thermal oxidizer, install a gas temperature monitor in the 
firebox of the thermal oxidizer or in the duct immediately downstream of 
the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install a gas temperature monitor in 
the gas stream immediately before the catalyst bed, and if you are 
establishing operating limits according to Sec. 63.4966(b)(1) and (2), 
also install a gas temperature monitor in the gas stream immediately 
after the catalyst bed.
    (3) For each gas temperature monitoring device, you must meet the 
requirements in paragraphs (a) and (c)(3)(i) through (vi) of this 
section for each gas temperature monitoring device. For the purposes of 
this paragraph (c)(3), a thermocouple is part of the temperature sensor.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with an accuracy of at least 5 degrees 
Fahrenheit or 1.0 percent of the temperature value, whichever is larger.
    (iii) Perform an initial calibration according to the manufacturer's 
requirements.
    (iv) Before using the sensor for the first time or upon relocation 
or replacement of the sensor, perform a validation check by comparing 
the sensor output to a calibrated temperature measurement device or by 
comparing the sensor output to a simulated temperature.
    (v) Conduct an accuracy audit every quarter and after every 24 hour 
excursion. Accuracy audit methods include comparisons of sensor output 
to redundant temperature sensors, to calibrated temperature measurement 
devices, or to temperature simulation devices.
    (vi) Conduct a visual inspection of each sensor every quarter if 
redundant temperature sensors are not used.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing gas 
(e.g., steam or nitrogen) mass flow for each regeneration cycle, the 
carbon bed temperature after each regeneration and cooling cycle, and 
comply with paragraphs (a)(3) through (5) and (d)(1) through (3) of this 
section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent, capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must be capable of recording 
the temperature within 15 minutes of completing any carbon bed cooling 
cycle.
    (3) For all carbon adsorbers, you must meet the requirements in 
paragraphs (c)(3)(i) through (vi) of this section for each gas 
temperature monitoring device.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The temperature monitor must provide a gas temperature record at 
least once every 15 minutes.

[[Page 1062]]

    (2) For all condensers, you must meet the requirements in paragraphs 
(c)(3)(i) through (vi) of this section for each gas temperature 
monitoring device.
    (f) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (f)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the requirements 
in paragraphs (a) and (f)(1)(i) through (vii) of this section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Use a flow sensor with an accuracy of at least 10 percent of 
the flow.
    (iii) Perform an initial sensor calibration in accordance with the 
manufacturer's requirements.
    (iv) Perform a validation check before initial use or upon 
relocation or replacement of a sensor. Validation checks include 
comparison of sensor values with electronic signal simulations or via 
relative accuracy testing.
    (v) Perform accuracy audits every quarter and after every 24 hour 
excursion. Accuracy audits include comparison of sensor values with 
electronic signal simulations or with values obtained via relative 
accuracy testing.
    (vi) Perform leak checks monthly.
    (vii) Perform visual inspections of the sensor system quarterly if 
there is no redundant sensor.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (f)(2)(i) through (vii) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Use a pressure sensor with an accuracy of at least 0.5 inches 
of water column or 5 percent of the measured value, whichever is larger.
    (iii) Perform an initial calibration of the sensor according to the 
manufacturer's requirements.
    (iv) Conduct a validation check before initial operation or upon 
relocation or replacement of the sensor. Validation checks include 
comparison of the sensor values to calibrated pressure measurement 
devices or to pressure simulation using calibrated pressure sources.
    (v) Conduct accuracy audits every quarter and after every 24 hour 
excursion. Accuracy audits include comparison of sensor values to 
calibrated pressure measurement devices or to pressure simulation using 
calibrated pressure sources.
    (vi) Perform monthly leak checks on pressure connections. A pressure 
of at least 1.0 inches of water column to the connection must yield a 
stable sensor result for at least 15 seconds.
    (vii) Perform a visual inspection of the sensor at least monthly if 
there is no redundant sensor.
    (g) Concentrators. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must comply with 
the requirements in paragraphs (a) and (g)(1) and (2) of this section.
    (1) You must install a temperature monitor in the desorption gas 
stream. The temperature monitor must meet the requirements in paragraphs 
(a) and (c)(3) of this section.
    (2) You must install a device to monitor pressure drop across the 
zeolite wheel or rotary carbon bed. The pressure monitoring device must 
meet the requirements in paragraphs (a) and (f)(2) of this section.

[68 FR 28619, May 23, 2003, as amended at 84 FR 9642, Mar. 15, 2019]

                   Other Requirements and Information



Sec. 63.4980  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 Administrator has delegated 
authority to your State, local, or tribal agency, then that agency (as 
well as EPA) has the authority to implement and enforce this subpart. 
You should contact your 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

[[Page 1063]]

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 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 listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the work practice standards in Sec. 
63.4893 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. 63.4981  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:
    Add-on control means an air pollution control device such as a 
thermal oxidizer or carbon adsorber that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.
    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to collect 
emissions generated by a coating operation in the use of coatings or 
cleaning materials, both at the point of application and at subsequent 
points where emissions from the coatings and cleaning materials occur, 
such as flashoff, drying, or curing. As used in this subpart, multiple 
capture devices that collect emissions generated by a coating operation 
are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting), from a substrate before or after coating application 
or from equipment associated with a coating operation, such as spray 
booths, spray guns, racks, tanks, and hangers. Thus, it includes any 
cleaning material used on substrates or equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, caulks, inks, adhesives, and maskants. 
Decorative, protective, or functional materials that consist only of 
protective oils for metal, acids, bases, or any combination of these 
substances are not considered coatings for the purposes of this subpart.
    Coating operation means equipment used to apply cleaning materials 
to a substrate to prepare it for coating application or to remove dried 
or wet coating (surface preparation); to apply coating to a substrate 
(coating application) and to dry or cure the coating after application; 
and to clean coating operation equipment (equipment cleaning). A single 
coating operation may include any combination of these types of 
equipment, but always includes at least the point at which a coating or 
cleaning material is applied and all subsequent points in the affected 
source where organic HAP emissions from that coating or cleaning 
material occur. There may be multiple coating operations in an affected 
source. Coating application with hand-held nonrefillable aerosol 
containers, touchup markers, or marking pens is not a coating operation 
for the purposes of this subpart.
    Coating solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system (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 coating operation,

[[Page 1064]]

or capture system, or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Deviation means:
    (1) Before September 12, 2019, 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, or 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) Fails to meet any emission limit, or 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; and
    (2) On and after September 12, 2019, 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, or 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.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Enclosure means a structure that surrounds a source of emissions and 
captures and directs the emissions to an add-on control device.
    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds are 
listed in 40 CFR 51.100(s).
    Facility maintenance means the routine repair or renovation 
(including surface coating) of the tools, equipment, machinery, and 
structures that comprise the infrastructure of the affected facility and 
that are necessary for the facility to function in its intended 
capacity.
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material with the test methods specified in 
Sec. 63.4941(a)(1) through (3). Manufacturer's formulation data may 
include, but are not limited to, information on density, organic HAP 
content, volatile organic matter content, and coating solids content.
    Mass fraction of coating solids means the ratio of the mass of 
coating solids to the mass of a coating in which it is contained, 
expressed as kg of coating solids per kg of coating.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as kg 
of organic HAP per kg of material.
    Month means a calendar month or a pre-specified period of 28 days to 
35 days to allow for flexibility in recordkeeping when data are based on 
a business accounting period.
    Organic HAP content means the mass of organic HAP per volume of 
coating solids for a coating, calculated using Equation 2 of Sec. 
63.4941. The organic HAP content is determined for the coating in the 
condition it is in when received from its manufacturer or supplier and 
does not account for any alteration after receipt.
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.

[[Page 1065]]

    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and is not engaged in the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Startup, initial means the first time equipment is brought online in 
a facility.
    Surface preparation means use of a cleaning material on a portion of 
or all of a substrate. This includes use of a cleaning material to 
remove dried coating, which is sometimes called ``depainting'' or 
``paint stripping,'' for the purpose of preparing a substrate for 
coating application.
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from a 
given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through 204F of appendix M to 40 CFR part 51 and substituting 
the term TVH each place in the methods where the term VOC is used. The 
TVH includes both VOC and non-VOC.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission capture 
system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC in 
40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating, expressed as liters of coating solids per liter of coating.
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or discharged.

[68 FR 28619, May 23, 2003, as amended at 84 FR 9642, Mar. 15, 2019]



 Sec. Table 1 to Subpart RRRR of Part 63--Operating Limits if Using the 
                Emission Rate With Add-on Controls Option

    If you are required to comply with operating limits by Sec. 
63.4892, you must comply with the applicable operating limits in the 
following table:

----------------------------------------------------------------------------------------------------------------
                                                                                   and you must demonstrate
      For the following device . . .          you must meet the following       continuous compliance with the
                                                 operating limit . . .             operating limit by . . .
----------------------------------------------------------------------------------------------------------------
1. thermal oxidizer......................  a. the average combustion          i. collecting the combustion
                                            temperature in any 3-hour period   temperature data according to
                                            must not fall below the            Sec. 63.4967(c);
                                            combustion temperature limit      ii. reducing the data to 3-hour
                                            established according to Sec. block averages; and
                                            63.4966(a).                       iii. maintaining the 3-hour
                                                                               average combustion temperature at
                                                                               or above the temperature limit.
2. catalytic oxidizer....................  a. the average temperature         i. collecting the temperature data
                                            measured just before the           according to Sec. 63.4967(c);
                                            catalyst bed in any 3-hour        ii. reducing the data to 3-hour
                                            period must not fall below the     block averages; and
                                            limit established according to    iii. maintaining the 3-hour
                                            Sec. 63.4966(b); and either      average temperature before the
                                                                               catalyst bed at or above the
                                                                               temperature limit.
                                           b. ensure that the average         i. collecting the temperature data
                                            temperature difference across      according to Sec. 63.4967(c);
                                            the catalyst bed in any 3-hour    ii. reducing the data to 3-hour
                                            period does not fall below the     block averages; and
                                            temperature difference limit      iii. maintaining the 3-hour
                                            established according to Sec. average temperature difference at
                                            63.4966(b), or                     or above the temperature
                                                                               difference limit.

[[Page 1066]]

 
                                           c. develop and implement an        i. maintaining an up-to-date
                                            inspection and maintenance plan    inspection and maintenance plan,
                                            according to Sec. records of annual catalyst
                                            63.4966(b)(3) and (4).             activity checks, records of
                                                                               monthly inspections of the
                                                                               oxidizer system, and records of
                                                                               the annual internal inspections
                                                                               of the catalyst bed. If a problem
                                                                               is discovered during a monthly or
                                                                               annual inspection required by
                                                                               Sec. 63.4966(b)(4), you must
                                                                               take corrective action as soon as
                                                                               practicable consistent with the
                                                                               manufacturer's recommendations.
3. carbon adsorber.......................  a. the total regeneration          i. measuring the total
                                            desorbing gas (e.g., steam or      regeneration desorbing gas (e.g.,
                                            nitrogen) mass flow for each       steam or nitrogen) mass flow for
                                            carbon bed regeneration cycle      each regeneration cycle according
                                            must not fall below the total      Sec. 63.4967(d); and
                                            regeneration desorbing gas mass   ii. maintaining the total
                                            flow limit established according   regeneration desorbing gas mass
                                            to Sec. 63.4966(c).              flow at or above the mass flow
                                                                               limit.
                                           b. the temperature of the carbon   i. measuring the temperature of
                                            bed after completing each          the carbon bed after completing
                                            regeneration and any cooling       each regeneration and any cooling
                                            cycle must not exceed the carbon   cycle according to Sec.
                                            bed temperature limit              63.4967(d); and
                                            established according to Sec. ii. operating the carbon beds such
                                            63.4966(c).                        that each carbon bed is not
                                                                               returned to service until
                                                                               completing each regeneration and
                                                                               any cooling cycle until the
                                                                               recorded temperature of the
                                                                               carbon bed is at or below the
                                                                               temperature limit.
4. condenser.............................  a. the average condenser outlet    i. collecting the condenser outlet
                                            (product side) gas temperature     (product side) gas temperature
                                            in any 3-hour period must not      according to Sec. 63.4967(e);
                                            exceed the temperature limit      ii. reducing the data to 3-hour
                                            established according to Sec. block averages; and
                                            63.4966(d).                       iii. maintaining the 3-hour
                                                                               average gas temperature at the
                                                                               outlet at or below the
                                                                               temperature limit.
5. emission capture system that is a PTE   a. the direction of the air flow   i. collecting the direction of air
 according to Sec. 63.4964(a).            at all times must be into the      flow, and either the facial
                                            enclosure; and either              velocity of air through all
                                                                               natural draft openings according
                                                                               to Sec. 63.4967(f)(1) or the
                                                                               pressure drop across the
                                                                               enclosure according to Sec.
                                                                               63.4967(f)(2); and
                                                                              ii. maintaining the facial
                                                                               velocity of air flow through all
                                                                               natural draft openings or the
                                                                               pressure drop at or above the
                                                                               facial velocity limit or pressure
                                                                               drop limit, and maintaining the
                                                                               direction of air flow into the
                                                                               enclosure at all times.
                                           b. the average facial velocity of  i. collecting the direction of air
                                            air through all natural draft      flow, and either the facial
                                            openings in the enclosure must     velocity of air through all
                                            be at least 200 feet per minute;   natural draft openings according
                                            or                                 to Sec. 63.4967(f)(1) or the
                                                                               pressure drop across the
                                                                               enclosure according to Sec.
                                                                               63.4967(f)(2); and
                                                                              ii. maintaining the facial
                                                                               velocity of air flow through all
                                                                               natural draft openings or the
                                                                               pressure drop at or above the
                                                                               facial velocity limit or pressure
                                                                               drop limit, and maintaining the
                                                                               direction of air flow into the
                                                                               enclosure at all times.
                                           c. the pressure drop across the    i. collecting the direction of air
                                            enclosure must be at least 0.007   flow, and either the facial
                                            inch H2O, as established in        velocity of air through all
                                            Method 204 of appendix M to 40     natural draft openings according
                                            CFR part 51.                       to Sec. 63.4967(f)(1) or the
                                                                               pressure drop across the
                                                                               enclosure according to Sec.
                                                                               63.4967(f)(2); and
                                                                              ii. maintaining the facial
                                                                               velocity of air flow through all
                                                                               natural draft openings or the
                                                                               pressure drop at or above the
                                                                               facial velocity limit or pressure
                                                                               drop limit, and maintaining the
                                                                               direction of air flow into the
                                                                               enclosure at all times.
6. emission capture system that is not a   a. the average gas volumetric      i. collecting the gas volumetric
 PTE according to Sec. 63.4964(a).        flow rate or duct static           flow rate or duct static pressure
                                            pressure in each duct between a    for each capture device according
                                            capture device and add-on          to Sec. 63.4967(f);
                                            control device inlet in any 3-    ii. reducing the data to 3-hour
                                            hour period must not fall below    block averages; and
                                            the average volumetric flow rate  iii. maintaining the 3-hour
                                            or duct static pressure limit      average gas volumetric flow rate
                                            established for that capture       or duct static pressure for each
                                            device according to Sec. capture device at or above the
                                            63.4966(e).                        gas volumetric flow rate or duct
                                                                               static pressure limit.

[[Page 1067]]

 
7. concentrators, including zeolite        a. the average gas temperature of  i. collecting the temperature data
 wheels and rotary carbon adsorbers.        the desorption concentrate         according to Sec. 63.4967(g);
                                            stream in any 3-hour period must  ii. reducing the data to 3-hour
                                            not fall below the limit           block averages; and
                                            established according to Sec. iii. maintaining the 3-hour
                                            63.4966(f).                        average temperature at or above
                                                                               the temperature limit.
                                           b. the average pressure drop of    i. collecting the pressure drop
                                            the dilute stream across the       data according to Sec.
                                            concentrator in any 3-hour         63.4967(g);
                                            period must not fall below the    ii. reducing the pressure drop
                                            limit established according to     data to 3-hour block averages;
                                            Sec. 63.4966(f).                 and
                                                                              iii. maintaining the 3-hour
                                                                               average pressure drop at or above
                                                                               the pressure drop
8. bioreactor systems....................  a. the use of an alternative
                                            monitoring method as set forth
                                            in Sec. 63.8(f)
----------------------------------------------------------------------------------------------------------------



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

     [You must comply with the applicable General Provisions requirements according to the following table:]
----------------------------------------------------------------------------------------------------------------
                Citation                        Subject            Applicable to subpart         Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(12).................  General Applicability  Yes.......................
Sec. 63.1(b)(1)-(3)..................  Initial Applicability  Yes.......................  Applicability to
                                          Determination.                                     subpart RRRR is
                                                                                             also specified in
                                                                                             Sec. 63.4881.
Sec. 63.1(c)(1)......................  Applicability After    Yes.......................
                                          Standard Established.
Sec. 63.1(c)(2)-(3)..................  Applicability of       No........................  Area sources are not
                                          Permit Program for                                 subject to subpart
                                          Area Sources.                                      RRRR.
Sec. 63.1(c)(4)-(5)..................  Extensions and         Yes.......................
                                          Notifications.
Sec. 63.1(c)(6)......................  Reclassification.....  Yes.......................
Sec. 63.1(e).........................  Applicability of       Yes.......................
                                          Permit Program
                                          Before Relevant
                                          Standard is Set.
Sec. 63.2............................  Definitions..........  Yes.......................  Additional
                                                                                             definitions are
                                                                                             specified in Sec.
                                                                                             63.4981.
Sec. 63.3(a)-(c).....................  Units and              Yes.......................
                                          Abbreviations.
Sec. 63.4(a)(1)-(5)..................  Prohibited Activities  Yes.......................
Sec. 63.4(b)-(c).....................  Circumvention/         Yes.......................
                                          Severability.
Sec. 63.5(a).........................  Construction/          Yes.......................
                                          Reconstruction.
Sec. 63.5(b)(1)-(6)..................  Requirements for       Yes.......................
                                          Existing, Newly
                                          Constructed, and
                                          Reconstructed
                                          Sources.
Sec. 63.5(d).........................  Application for        Yes.......................
                                          Approval of
                                          Construction/
                                          Reconstruction.
Sec. 63.5(e).........................  Approval of            Yes.......................
                                          Construction/
                                          Reconstruction.
Sec. 63.5(f).........................  Approval of            Yes.......................
                                          Construction/
                                          Reconstruction Based
                                          on Prior State
                                          Review.
Sec. 63.6(a).........................  Compliance With        Yes.......................
                                          Standards and
                                          Maintenance
                                          Requirements--Applic
                                          ability.
Sec. 63.6(b)(1)-(7)..................  Compliance Dates for   Yes.......................  Section 63.4883
                                          New and                                            specifies the
                                          Reconstructed                                      compliance dates.
                                          Sources.
Sec. 63.6(c)(1)-(5)..................  Compliance Dates for   Yes.......................  Section 63.4883
                                          Existing Sources.                                  specifies the
                                                                                             compliance dates.
Sec. 63.6(e)(1)(i)...................  Operation and          Yes, before September 12,   See Sec.
                                          Maintenance.           2019. No, on and after      63.4900(b) for
                                                                 September 12, 2019.         general duty
                                                                                             requirement.
Sec. 63.6(e)(1)(ii)..................  Operation and          Yes, before September 12,
                                          Maintenance.           2019. No, on and after
                                                                 September 12, 2019.
Sec. 63.6(e)(1)(iii).................  Operation and          Yes.......................
                                          Maintenance.

[[Page 1068]]

 
Sec. 63.6(e)(3)......................  Startup, shutdown,     Yes, before September 12,
                                          and malfunction Plan   2019. No, on and after
                                          (SSMP).                September 12, 2019.
Sec. 63.6(f)(1)......................  Compliance Except      Yes, before September 12,
                                          During Startup,        2019. No, on and after
                                          Shutdown, and          September 12, 2019.
                                          Malfunction.
Sec. 63.6(f)(2)-(3)..................  Methods for            Yes.......................
                                          Determining
                                          Compliance.
Sec. 63.6(g)(1)-(3)..................  Use of Alternative     Yes.......................
                                          Standards.
Sec. 63.6(h).........................  Compliance With        No........................  Subpart RRRR does
                                          Opacity/Visible                                    not establish
                                          Emission Standards.                                opacity standards
                                                                                             and does not
                                                                                             require continuous
                                                                                             opacity monitoring
                                                                                             systems (COMS).
Sec. 63.6(i)(1)-(16).................  Extension of           Yes.......................
                                          Compliance.
Sec. 63.6(j).........................  Presidential           Yes.......................
                                          Compliance Exemption.
Sec. 63.7(a)(1)......................  Performance Test       Yes.......................  Applies to all
                                          Requirements--Applic                               affected sources
                                          ability.                                           using an add-on
                                                                                             control device to
                                                                                             comply with the
                                                                                             standards.
                                                                                             Additional
                                                                                             requirements for
                                                                                             performance testing
                                                                                             are specified in
                                                                                             Sec. Sec.
                                                                                             63.4963, 63.4964,
                                                                                             and 63.4965.
Sec. 63.7(a)(2)......................  Performance Test       Yes.......................  Applies only to
                                          Requirements--Dates.                               performance tests
                                                                                             for capture system
                                                                                             and control device
                                                                                             efficiency at
                                                                                             sources using these
                                                                                             to comply with the
                                                                                             standards. Section
                                                                                             63.4960 specifies
                                                                                             the schedule for
                                                                                             performance test
                                                                                             requirements that
                                                                                             are earlier than
                                                                                             those specified in
                                                                                             Sec. 63.7(a)(2).
Sec. 63.7(a)(3)......................  Performance Tests      Yes.......................
                                          Required by the
                                          Administrator.
Sec. 63.7(b)-(d).....................  Performance Test       Yes.......................  Applies only to
                                          Requirements--Notifi                               performance tests
                                          cation, Quality                                    for capture system
                                          Assurance,                                         and add-on control
                                          Facilities Necessary                               device efficiency
                                          Safe Testing,                                      at sources using
                                          Conditions During                                  these to comply
                                          Test.                                              with the standards.
Sec. 63.7(e)(1)......................  Conduct of             Yes, before September 12,   See Sec.
                                          performance tests.     2019. No, on and after      63.4963(a).
                                                                 September 12, 2019.
Sec. 63.7(e)(2)-(4)..................  Conduct of             Yes.......................
                                          performance tests.
Sec. 63.7(f).........................  Performance Test       Yes.......................  Applies to all test
                                          Requirements--Use of                               methods except
                                          Alternative Test                                   those used to
                                          Method.                                            determine capture
                                                                                             system efficiency.
Sec. 63.7(g)-(h).....................  Performance Test       Yes.......................  Applies only to
                                          Requirements--Data                                 performance tests
                                          Analysis,                                          for capture system
                                          Recordkeeping,                                     and add-on control
                                          Reporting, Waiver of                               device efficiency
                                          Test.                                              at sources using
                                                                                             these to comply
                                                                                             with the standards.
Sec. 63.8(a)(1)-(3)..................  Monitoring             Yes.......................  Applies only to
                                          Requirements--Applic                               monitoring of
                                          ability.                                           capture system and
                                                                                             add-on control
                                                                                             device efficiency
                                                                                             at sources using
                                                                                             these to comply
                                                                                             with the standards.
                                                                                             Additional
                                                                                             requirements for
                                                                                             monitoring are
                                                                                             specified in Sec.
                                                                                             63.4967.

[[Page 1069]]

 
Sec. 63.8(a)(4)......................  Additional Monitoring  No........................  Subpart RRRR does
                                          Requirements.                                      not have monitoring
                                                                                             requirements for
                                                                                             flares.
Sec. 63.8(b).........................  Conduct of Monitoring  Yes.......................
Sec. 63.8(c)(1)......................  Continuous Monitoring  Yes, before September 12,
                                          Systems (CMS)          2019. No, on and after
                                          Operation and          September 12, 2019.
                                          Maintenance.
Sec. 63.8(c)(2)-(3)..................  CMS Operation and      Yes.......................  Applies only to
                                          Maintenance.                                       monitoring of
                                                                                             capture system and
                                                                                             add-on control
                                                                                             device efficiency
                                                                                             at sources using
                                                                                             these to comply
                                                                                             with the standards.
                                                                                             Additional
                                                                                             requirements for
                                                                                             CMS operations and
                                                                                             maintenance are
                                                                                             specified in Sec.
                                                                                             63.4967.
Sec. 63.8(c)(4)......................  CMS..................  No........................  Section 63.4967
                                                                                             specifies the
                                                                                             requirements for
                                                                                             the operation of
                                                                                             CMS for capture
                                                                                             systems and add-on
                                                                                             control devices at
                                                                                             sources using these
                                                                                             to comply.
Sec. 63.8(c)(5)......................  COMS.................  No........................  Subpart RRRR does
                                                                                             not have opacity or
                                                                                             visible emissions
                                                                                             standards.
Sec. 63.8(c)(6)......................  CMS Requirements.....  No........................  Section 63.4967
                                                                                             specifies the
                                                                                             requirements for
                                                                                             monitoring systems
                                                                                             for capture systems
                                                                                             and add-on control
                                                                                             devices at sources
                                                                                             using these to
                                                                                             comply.
Sec. 63.8(c)(7)......................  CMS Out-of-Control     Yes.......................
                                          Periods.
Sec. 63.8(c)(8)......................  CMS Out-of-Control     No........................  Section 63.4920
                                          Periods Reporting.                                 requires reporting
                                                                                             of CMS out-of-
                                                                                             control periods.
Sec. 63.8(d)-(e).....................  Quality Control        No........................  Subpart RRRR does
                                          Program and CMS                                    not require the use
                                          Performance                                        of CEMS.
                                          Evaluation.
Sec. 63.8(f)(1)-(5)..................  Use of an Alternative  Yes.......................
                                          Monitoring Method.
Sec. 63.8(f)(6)......................  Alternative to         No........................  Subpart RRRR does
                                          Relative Accuracy                                  not require the use
                                          Test.                                              of CEMS.
Sec. 63.8(g)(1)-(5)..................  Data Reduction.......  No........................  Sections 63.4966 and
                                                                                             63.4967 specify
                                                                                             monitoring data
                                                                                             reduction.
Sec. 63.9(a)-(d).....................  Notification           Yes.......................
                                          Requirements.
Sec. 63.9(e).........................  Notification of        Yes.......................  Applies only to
                                          Performance Test.                                  capture system and
                                                                                             add-on control
                                                                                             device performance
                                                                                             tests at sources
                                                                                             using these to
                                                                                             comply with the
                                                                                             standards.
Sec. 63.9(f).........................  Notification of        No........................  Subpart RRRR does
                                          Visible Emissions/                                 not have opacity or
                                          Opacity Test.                                      visible emission
                                                                                             standards.
Sec. 63.9(g)(1)-(3)..................  Additional             No........................  Subpart RRRR does
                                          Notifications When                                 not require the use
                                          Using CMS.                                         of CEMS.
Sec. 63.9(h).........................  Notification of        Yes.......................  Section 63.4910
                                          Compliance Status.                                 specifies the dates
                                                                                             for submitting the
                                                                                             notification of
                                                                                             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--Applicabi
                                          lity and General
                                          Information.

[[Page 1070]]

 
Sec. 63.10(b)(1).....................  General Recordkeeping  Yes.......................  Additional
                                          Requirements.                                      requirements are
                                                                                             specified in Sec.
                                                                                             Sec. 63.4930 and
                                                                                             63.4931.
Sec. 63.10(b)(2)(i)..................  Recordkeeping of       Yes, before September 12,   See Sec.
                                          Occurrence and         2019. No, on and after      63.4930(j).
                                          Duration of Startups   September 12, 2019.
                                          and Shutdowns.
Sec. 63.10(b)(2)(ii).................  Recordkeeping of       Yes, before September 12,   See Sec.
                                          Failures to Meet       2019. No, on and after      63.4930(j).
                                          Standards.             September 12, 2019.
Sec. 63.10(b)(2)(iii)................  Recordkeeping          Yes.......................
                                          Relevant to
                                          Maintenance of Air
                                          Pollution Control
                                          and Monitoring
                                          Equipment.
Sec. 63.10(b)(2)(iv)- (v)............  Actions Taken to       Yes, before September 12,   See Sec.
                                          Minimize Emissions     2019..                      63.4930(j)(4) for a
                                          During SSM.           No, on and after September   record of actions
                                                                 12, 2019.                   taken to minimize
                                                                                             emissions during a
                                                                                             deviation from the
                                                                                             standard.
Sec. 63.10(b)(2)(vi).................  Recordkeeping for CMS  Yes, before September 12,   See Sec.
                                          malfunctions.          2019. No, on and after      63.4930(j) for
                                                                 September 12, 2019.         records of periods
                                                                                             of deviation from
                                                                                             the standard,
                                                                                             including instances
                                                                                             where a CMS is
                                                                                             inoperative or out-
                                                                                             of-control.
Sec. 63.10(b)(2)(vii)-(xi)...........  Records..............  Yes.......................
Sec. 63.10(b)(2)(xii)................  Records..............  Yes.......................
Sec. 63.10(b)(2)(xiii)...............  .....................  No........................  Subpart RRRR does
                                                                                             not require the use
                                                                                             of CEMS.
Sec. 63.10(b)(2)(xiv)................  .....................  Yes.......................
Sec. 63.10(b)(3).....................  Recordkeeping          Yes.......................
                                          Requirements for
                                          Applicability
                                          Determinations.
Sec. 63.10(c)(1)-(6).................  Additional             Yes.......................
                                          Recordkeeping
                                          Requirements for
                                          Sources with CMS.
Sec. 63.10(c)(7)-(8).................  Additional             No........................  See Sec.
                                          Recordkeeping                                      63.4930(j)(1) for
                                          Requirements for                                   records of periods
                                          Sources with CMS.                                  of deviation from
                                                                                             the standard,
                                                                                             including instances
                                                                                             where a CMS is
                                                                                             inoperative or out-
                                                                                             of-control.
Sec. 63.10(c)(10)-(14)...............  Additional             Yes.......................
                                          Recordkeeping
                                          Requirements for
                                          Sources with CMS.
Sec. 63.10(c)(15)....................  Records Regarding the  Yes, before September 12,
                                          SSMP.                  2019. No, on and after
                                                                 September 12, 2019.
Sec. 63.10(d)(1).....................  General Reporting      Yes.......................  Additional
                                          Requirements.                                      requirements are
                                                                                             specified in Sec.
                                                                                             63.4920.
Sec. 63.10(d)(2).....................  Report of Performance  Yes.......................  Additional
                                          Test Results.                                      requirements are
                                                                                             specified in Sec.
                                                                                             63.4920(b).
Sec. 63.10(d)(3).....................  Reporting Opacity or   No........................  Subpart RRRR does
                                          Visible Emissions                                  not require opacity
                                          Observations.                                      or visible
                                                                                             emissions
                                                                                             observations.
Sec. 63.10(d)(4).....................  Progress Reports for   Yes.......................
                                          Sources With
                                          Compliance
                                          Extensions.
Sec. 63.10(d)(5).....................  Startup, Shutdown,     Yes, before September 12,   See Sec.
                                          and Malfunction        2019. No, on and after      63.4920(a)(7).
                                          Reports.               September 12, 2019.
Sec. 63.10(e)(1)-(2).................  Additional CMS         No........................  Subpart RRRR does
                                          Reports.                                           not require the use
                                                                                             of CEMS.
Sec. 63.10(e)(3).....................  Excess Emissions/CMS   No........................  Section 63.4920(a)
                                          Performance Reports.                               specifies the
                                                                                             contents of
                                                                                             periodic compliance
                                                                                             reports.
Sec. 63.10(e)(4).....................  COMS Data Reports....  No........................  Subpart RRRR does
                                                                                             not specify
                                                                                             requirements for
                                                                                             opacity or COMS.

[[Page 1071]]

 
Sec. 63.10(f)........................  Recordkeeping/         Yes.......................
                                          Reporting Waiver.
Sec. 63.11...........................  Control Device         No........................  Subpart RRRR does
                                          Requirements/Flares.                               not specify use of
                                                                                             flares for
                                                                                             compliance.
Sec. 63.12...........................  State Authority and    Yes.......................
                                          Delegations.
Sec. 63.13...........................  Addresses............  Yes.......................
Sec. 63.14...........................  Incorporation by       Yes.......................
                                          Reference.
Sec. 63.15...........................  Availability of        Yes.......................  ....................
                                          Information/
                                          Confidentiality.
----------------------------------------------------------------------------------------------------------------


[84 FR 9642, Mar. 15, 2019, as amended at 85 FR 73908, Nov. 19, 2020]



   Sec. Table 3 to Subpart RRRR of Part 63--Default Organic HAP Mass 
                Fraction for Solvents and Solvent Blends

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data:

----------------------------------------------------------------------------------------------------------------
                                                                Average
            Solvent/Solvent blend                CAS. No.     organic HAP   Typical organic HAP, percent by mass
                                                             mass fraction
----------------------------------------------------------------------------------------------------------------
1. Toluene...................................      108-88-3          1.0    Toluene.
2. Xylene(s).................................     1330-20-7          1.0    Xylenes, ethylbenzene.
3. Hexane....................................      110-54-3          0.5    n-hexane.
4. n-Hexane..................................      110-54-3          1.0    n-hexane.
5. Ethylbenzene..............................      100-41-4          1.0    Ethylbenzene.
6. Aliphatic 140.............................  ............          0      None.
7. Aromatic 100..............................  ............          0.02   1% xylene, 1% cumene.
8. Aromatic 150..............................  ............          0.09   Naphthalene.
9. Aromatic naphtha..........................    64742-95-6          0.02   1% xylene, 1% cumene.
10. Aromatic solvent.........................    64742-94-5          0.1    Naphthalene.
11. Exempt mineral spirits...................     8032-32-4          0      None.
12. Ligroines (VM & P).......................     8032-32-4          0      None.
13. Lactol spirits...........................    64742-89-6          0.15   Toluene.
14. Low aromatic white spirit................    64742-82-1          0      None.
15. Mineral spirits..........................    64742-88-7          0.01   Xylenes.
16. Hydrotreated naphtha.....................    64742-48-9          0      None.
17. Hydrotreated light distillate............    64742-47-8          0.001  Toluene.
18. Stoddard solvent.........................     8052-41-3          0.01   Xylenes.
19. Super high-flash naphtha.................    64742-95-6          0.05   Xylenes.
20. Varsol [supreg] solvent..................     8052-49-3          0.01   0.5% xylenes, 0.5% ethyl benzene.
21. VM & P naphtha...........................    64742-89-8          0.06   3% toluene, 3% xylene.
22. Petroleum distillate mixture.............    68477-31-6          0.08   4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 4 to Subpart RRRR of Part 63--Default Organic HAP Mass 
                Fraction for Petroleum Solvent Groups \1\

    You May Use the Mass Fraction Values in the Following Fable for 
Solvent Blends for Which You Do Not Have Test Data or Manufacturer's 
Formulation Data:

------------------------------------------------------------------------
                                 Average organic
          Solvent type               HAP mass         Typical organic
                                     fraction      percent HAP, by mass
------------------------------------------------------------------------
Aliphatic \2\..................            0.03   1% Xylene, 1% Toluene,
                                                   and 1% Ethylbenzene.
Aromatic \3\...................            0.06   4% Xylene, 1% Toluene,
                                                   and 1% Ethylbenzene.
------------------------------------------------------------------------
\1\ Use this table only if the solvent blend does not match any of the
  solvent blends in Table 3 to this subpart and you only know whether
  the blend is aliphatic or aromatic.
\2\ E.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed
  Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol
  Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent
  Naphtha, Solvent Blend.
\3\ E.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha,
  Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic
  Hydrocarbons, Light Aromatic Solvent.


[[Page 1072]]



     Sec. Table 5 to Subpart RRRR 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'-Dichlorobenzidine..................................         91-94-1
3,3'-Dimethoxybenzidine.................................        119-90-4
3,3'-Dimethylbenzidine..................................        119-93-7
4,4'-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
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
------------------------------------------------------------------------


[84 FR 9645, Mar. 15, 2019]



 Subpart SSSS_National Emission Standards for Hazardous Air Pollutants: 
                      Surface Coating of Metal Coil

    Source: 67 FR 39812, June 10, 2002, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.5080  What is in this subpart?

    This subpart describes the actions you must take to reduce emissions 
of hazardous air pollutants (HAP) if you own or operate a facility that 
performs metal coil surface coating operations and is a major source of 
HAP. This subpart establishes emission standards and states what you 
must do to comply. Certain requirements apply to all who must comply 
with the subpart; others depend on the means you use to comply with an 
emission standard.



Sec. 63.5090  Does this subpart apply to me?

    (a) The provisions of this subpart apply to each facility that is a 
major source of HAP, as defined in Sec. 63.2, at which a coil coating 
line is operated, except as provided in paragraphs (b) and (e) of this 
section.
    (b) This subpart does not apply to any coil coating line that meets 
the criteria of paragraph (b)(1) or (2) of this section.
    (1) A coil coating line that is part of research or laboratory 
equipment.
    (2) A coil coating line on which at least 85 percent of the metal 
coil coated, based on surface area, is less than

[[Page 1073]]

0.15 millimeter (0.006 inch) thick, except as provided in paragraph (c) 
of this section.
    (c) If you operate a coating line subject to subpart JJJJ of this 
part that also meets the criteria in either paragraph (c)(1) or (2) of 
this section, and you choose to comply with the requirements of this 
subpart, then such compliance constitutes compliance with subpart JJJJ. 
The coating line for which you choose this option is, therefore, 
included in the affected source for this subpart as defined in Sec. 
63.5110 and shall not be included in the affected source for subpart 
JJJJ as defined in Sec. 63.3300.
    (1) The coating line is used to coat metal coil of thicknesses both 
less than and greater than or equal to 0.15 millimeter (0.006 inch) 
thick, regardless of the percentage of surface area of each thickness 
coated.
    (2) The coating line is used to coat only metal coil that is less 
than 0.15 millimeter (0.006 inch) thick and the coating line is 
controlled by a common control device that also receives organic HAP 
emissions from a coil coating line that is subject to the requirements 
of this subpart.
    (d) Each coil coating line that does not comply with the provisions 
of this subpart because it meets the criteria in paragraph (b)(2) of 
this section, that for any rolling 12-month period fails to meet the 
criteria in paragraph (b)(2) would from that point forward become 
subject to the provisions of this subpart. After becoming subject to the 
provisions of this subpart, the coil coating line would no longer be 
eligible to use the criteria of paragraph (b)(2) of this section, even 
if in subsequent 12-month periods at least 85 percent of the metal coil 
coated, based on surface area, is less than 0.15 millimeter (0.006 inch) 
thick.
    (e) This subpart does not apply to the application of incidental 
markings (including letters, numbers, or symbols) that are added to bare 
metal coils and that are used for only product identification or for 
product inventory control. The application of letters, numbers, or 
symbols to a coated metal coil is considered a coil coating process and 
part of the coil coating affected source.

[67 FR 39812, June 10, 2002, as amended at 85 FR 10861, Feb. 25, 2020]



Sec. 63.5100  Which of my emissions sources are affected by this subpart?

    The affected source subject to this subpart is the collection of all 
of the coil coating lines at your facility.



Sec. 63.5110  What special definitions are used in this subpart?

    All terms used in this subpart that are not defined in this section 
have the meaning given to them in the Clean Air Act (CAA) and in subpart 
A of this part.
    Always-controlled work station means a work station associated with 
a curing oven from which the curing oven exhaust is delivered to a 
control device with no provision for the oven exhaust to bypass the 
control device. Sampling lines for analyzers and relief valves needed 
for safety purposes are not considered bypass lines.
    Capture efficiency means the fraction of all organic HAP emissions 
generated by a process that is delivered to a control device, expressed 
as a percentage.
    Capture system means a hood, enclosed room, or other means of 
collecting organic HAP emissions and conveying them to a control device.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve or damper (e.g., from open to closed) in 
such a way that the position of the valve or damper cannot be changed 
without breaking the seal.
    Coating means material applied onto or impregnated into a substrate 
for decorative, protective, or functional purposes. Such materials 
include, but are not limited to, paints, varnishes, sealants, inks, 
adhesives, maskants, and temporary coatings. Decorative, protective, or 
functional materials that consist only of solvents, protective oils, 
acids, bases, or any combination of these substances are not considered 
coatings for the purposes of this subpart.
    Coating material means the coating and other products (e.g., a 
catalyst and resin in multi-component coatings)

[[Page 1074]]

combined to make a single material at the coating facility that is 
applied to metal coil. For the purposes of this subpart, an organic 
solvent that is used to thin a coating prior to application to the metal 
coil is considered a coating material.
    Coil coating line means a process and the collection of equipment 
used to apply an organic coating to the surface of metal coil. A coil 
coating line includes a web unwind or feed section, a series of one or 
more work stations, any associated curing oven, wet section, and quench 
station. A coil coating line does not include ancillary operations such 
as mixing/thinning, cleaning, wastewater treatment, and storage of 
coating material.
    Control device means a device such as a solvent recovery device or 
oxidizer which reduces the organic HAP in an exhaust gas by recovery or 
by destruction.
    Control device efficiency means the ratio of organic HAP emissions 
recovered or destroyed by a control device to the total organic HAP 
emissions that are introduced into the control device, expressed as a 
percentage.
    Curing oven means the device that uses heat or radiation to dry or 
cure the coating material applied to the metal coil.
    Day means a 24-consecutive-hour period.
    Deviation, before August 24, 2020, 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 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) or work practice standard in this subpart during start-up, 
shutdown, or malfunction, regardless of whether or not such failure is 
permitted by this subpart.
    Deviation, on and after August 24, 2020, 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 and that is included in the 
operating permit for any affected source required to obtain such a 
permit.
    Existing affected source means an affected source the construction 
of which commenced on or before July 18, 2000, and it has not 
subsequently undergone reconstruction as defined in Sec. 63.2.
    Facility means all contiguous or adjoining property that is under 
common ownership or control, including properties that are separated 
only by a road or other public right-of-way.
    Flexible packaging means any package or part of a package the shape 
of which can be readily changed. Flexible packaging includes but is not 
limited to bags, pouches, labels, liners and wraps utilizing paper, 
plastic, film, aluminum foil, metalized or coated paper or film, or any 
combination of these materials.
    HAP applied means the organic HAP content of all coating materials 
applied to a substrate by a coil coating line.
    Intermittently-controllable work station means a work station 
associated with a curing oven with provisions for the curing oven 
exhaust to be delivered to a control device or diverted from a control 
device through a bypass line, depending on the position of a valve or 
damper. Sampling lines for analyzers and relief valves needed for safety 
purposes are not considered bypass lines.
    Metal coil means a continuous metal strip that is at least 0.15 
millimeter (0.006 inch) thick, which is packaged in a roll or coil prior 
to coating. After coating, it may or may not be rewound into a roll or 
coil. Metal coil does not include metal webs that are coated for use in 
flexible packaging.

[[Page 1075]]

    Month means a calendar month or a pre-specified period of 28 days to 
35 days to allow for flexibility in recordkeeping when data are based on 
a business accounting period.
    Never-controlled work station means a work station which is not 
equipped with provisions by which any emissions, including those in the 
exhaust from any associated curing oven, may be delivered to a control 
device.
    New affected source means an affected source the construction or 
reconstruction of which commenced after July 18, 2000.
    Overall organic HAP control efficiency means the total efficiency of 
a control system, determined either by:
    (1) The product of the capture efficiency as determined in 
accordance with the requirements of Sec. 63.5160(e) and the control 
device efficiency as determined in accordance with the requirements of 
Sec. 63.5160(a)(1)(i) and (ii) or Sec. 63.5160(d); or
    (2) A liquid-liquid material balance in accordance with the 
requirements of Sec. 63.5170(e)(1).
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51 for a PTE, and that directs all the exhaust gases from the 
enclosure to a control device.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil includes 
but is not limited to lubricating oils, evaporative oils (including 
those that evaporate completely), and extrusion oils.
    Research or laboratory equipment means any equipment for which the 
primary purpose is to conduct research and development into new 
processes and products, where such equipment is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.
    Temporary total enclosure (TTE) means an enclosure constructed for 
the purpose of measuring the capture efficiency of pollutants emitted 
from a given source, as defined in Method 204 of 40 CFR part 51, 
appendix M.
    Work station means a unit on a coil coating line where coating 
material is deposited onto the metal coil substrate.

[67 FR 39812, June 10, 2002, as amended at 85 FR 10861, Feb. 25, 2020]

                 Emission Standards and Compliance Dates



Sec. 63.5120  What emission standards must I meet?

    (a) Each coil coating affected source must limit organic HAP 
emissions to the level specified in paragraph (a)(1), (2), or (3) of 
this section:
    (1) No more than 2 percent of the organic HAP applied for each month 
during each 12-month compliance period (98 percent reduction); or
    (2) No more than 0.046 kilogram (kg) of organic HAP per liter of 
solids applied during each 12-month compliance period; or
    (3) If you use an oxidizer to control organic HAP emissions, operate 
the oxidizer such that an outlet organic HAP concentration of no greater 
than 20 parts per million by volume (ppmv) on a dry basis is achieved 
and the efficiency of the capture system is 100 percent.
    (b) You must demonstrate compliance with one of these standards by 
following the applicable procedures in Sec. 63.5170.



Sec. 63.5121  What operating limits must I meet?

    (a) Except as provided in paragraph (b) of this section, for any 
coil coating line for which you use an add-on control device, unless you 
use a solvent recovery system and conduct a liquid-liquid material 
balance according to Sec. 63.5170(e)(1), you must meet the applicable 
operating limits specified in Table 1 to this subpart. You must 
establish the operating limits during performance tests according to the 
requirements in Sec. 63.5160(d)(3) and Table 1 to Sec. 63.5160. You 
must meet the operating limits established during the most recent 
performance test required in Sec. 63.5160 at all times after you 
establish them.
    (b) If you use an add-on control device other than those listed in 
Table 1 to this subpart, or wish to monitor an

[[Page 1076]]

alternative parameter and comply with a different operating limit, you 
must apply to the Administrator for approval of alternative monitoring 
under Sec. 63.8(f).

[67 FR 39812, June 10, 2002, as amended at 85 FR 10862, Feb. 25, 2020]



Sec. 63.5130  When must I comply?

    (a) For an existing affected source, the compliance date is June 10, 
2005.
    (b) If you own or operate a new affected source subject to the 
provisions of this subpart, you must comply immediately upon start-up of 
the affected source, or by June 10, 2002, whichever is later.
    (c) Affected sources which have undergone reconstruction are subject 
to the requirements for new affected sources.
    (d) The initial compliance period begins on the applicable 
compliance date specified in paragraph (a) or (b) of this section and 
ends on the last day of the 12th month following the compliance date. If 
the compliance date falls on any day other than the first day of a 
month, then the initial compliance period extends through that month 
plus the next 12 months.
    (e) For the purpose of demonstrating continuous compliance, a 
compliance period consists of 12 months. Each month after the end of the 
initial compliance period described in paragraph (d) of this section is 
the end of a compliance period consisting of that month and the 
preceding 11 months.

[67 FR 39812, June 10, 2002, as amended at 85 FR 10862, Feb. 25, 2020]

General Requirements for Compliance with the Emission Standards and for 
                    Monitoring and Performance Tests



Sec. 63.5140  What general requirements must I meet to comply with the standards?

    (a) Before August 24, 2020, you must be in compliance with the 
applicable emission standards in Sec. 63.5120 and the operating limits 
in Table 1 to this subpart at all times, except during periods of start-
up, shutdown, and malfunction of any capture system and control device 
used to comply with this subpart. On and after August 24, 2020 you must 
be in compliance with the applicable emission standards in Sec. 63.5120 
and the operating limits in Table 1 to this subpart at all times. If you 
are complying with the emission standards of this subpart without the 
use of a capture system and control device, you must be in compliance 
with the standards at all times.
    (b) Before August 24, 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). On and after 
August 24, 2020, at all times, you must operate and maintain your 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. The general 
duty to minimize emissions does not require the owner or operator to 
make any further efforts to reduce emissions if levels required by the 
applicable standard have been achieved. Determination of whether a 
source is operating in compliance with operation and maintenance 
requirements will be based on information available to the Administrator 
that may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the affected source.
    (c) Table 2 of this subpart provides cross references to subpart A 
of this part, indicating the applicability of the General Provisions 
requirements to this subpart.

[67 FR 39812, June 10, 2002, as amended at 85 FR 10862, Feb. 25, 2020]

[[Page 1077]]



Sec. 63.5150  If I use a control device to comply with the emission 
standards, what monitoring must I do?

 Table 1 to Sec. 63.5150--Control Device Monitoring Requirements Index
------------------------------------------------------------------------
If you operate a coil coating line
      and have the following:                  Then you must:
------------------------------------------------------------------------
1. Control device.................  Monitor control device operating
                                     parameters (Sec. 63.5150(a)(3)).
2. Capture system.................  Monitor capture system operating
                                     parameters (Sec. 63.5150(a)(4)).
3. Intermittently controllable      Monitor parameters related to
 work station.                       possible exhaust flow through any
                                     bypass to a control device (Sec.
                                     63.5150(a)(1)).
4. Continuous emission monitors...  Operate continuous emission monitors
                                     and perform a quarterly audit (Sec.
                                       63.5150(a)(2)).
------------------------------------------------------------------------

    (a) To demonstrate continuing compliance with the standards, you 
must monitor and inspect each capture system and each control device 
required to comply with Sec. 63.5120 following the date on which the 
initial performance test of the capture system and control device is 
completed. You must install and operate the monitoring equipment as 
specified in paragraphs (a)(1) through (4) of this section. On and after 
August 24, 2020, you must also maintain the monitoring equipment at all 
times in accordance with Sec. 63.5140(b) and keep the necessary parts 
readily available for routine repairs of the monitoring equipment.
    (1) Bypass monitoring. If you operate coil coating lines with 
intermittently-controllable work stations, you must follow at least one 
of the procedures in paragraphs (a)(1)(i) through (iv) of this section 
for each curing oven associated with these work stations to monitor for 
potential bypass of the control device:
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that provides a record indicating whether the 
exhaust stream from the curing oven is directed to the control device or 
is diverted from the control device. The time and flow control position 
must be recorded at least once per hour, as well as every time the flow 
direction is changed. The flow control position indicator must be 
installed at the entrance to any bypass line that could divert the 
exhaust stream away from the control device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass line 
valve in the closed position with a car-seal or a lock-and-key type 
configuration when the control device is in operation; a visual 
inspection of the seal or closure mechanism will be performed at least 
once every month to ensure that the valve or damper is maintained in the 
closed position, and the exhaust stream is not diverted through the 
bypass line.
    (iii) Valve closure continuous monitoring. Ensure that any bypass 
line valve or damper is in the closed position through continuous 
monitoring of valve position when the control device is in operation. 
The monitoring system must be inspected at least once every month to 
verify that the monitor will indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the coil coating line is stopped when flow is diverted away from 
the control device to any bypass line when the control device is in 
operation. The automatic shutdown system must be inspected at least once 
every month to verify that it will detect diversions of flow and shut 
down operations.
    (2) Continuous emission monitoring system (CEMS). If you are 
demonstrating continuous compliance with the standards in Sec. 
63.5120(a)(1) or (2) through continuous emission monitoring of a control 
device, you must install, calibrate, operate, and maintain continuous 
emission monitors to measure the total organic volatile matter 
concentration at both the control device inlet and outlet, and you must 
continuously monitor flow rate. If you are demonstrating continuous 
compliance with the outlet organic HAP concentration limit in Sec. 
63.5120(a)(3), you must install, calibrate, operate, and maintain a 
continuous emission monitor to measure

[[Page 1078]]

the total organic volatile matter concentration at the control device 
outlet.
    (i) All CEMS must comply with performance specification 8 or 9 of 40 
CFR part 60, appendix B, as appropriate for the detection principle you 
choose. The requirements of 40 CFR part 60, procedure 1, appendix F must 
also be followed. In conducting the quarterly audits of the monitors as 
required by procedure 1, appendix F, you must use compounds 
representative of the gaseous emission stream being controlled.
    (ii) As specified in Sec. 63.8(c)(4)(ii), each CEMS and each flow 
rate monitor must complete a minimum of one cycle of operation 
(sampling, analyzing, and data recording) for each successive 15-minute 
period. Information which must be determined for recordkeeping purposes, 
as required by Sec. 63.5190(a)(1)(i) includes:
    (A) The hourly average of all recorded readings;
    (B) The daily average of all recorded readings for each operating 
day; and
    (C) The monthly average for each month during the semiannual 
reporting period.
    (3) Temperature monitoring of oxidizers. If you are complying with 
the requirements of the standards in Sec. 63.5120 through the use of an 
oxidizer and demonstrating continuous compliance through monitoring of 
an oxidizer operating parameter, you must comply with paragraphs 
(a)(3)(i) through (iii) of this section.
    (i) Install, calibrate, maintain, and operate temperature monitoring 
equipment according to manufacturer's specifications. The calibration of 
the chart recorder, data logger, or temperature indicator must be 
verified every 3 months; or the chart recorder, data logger, or 
temperature indicator must be replaced. You must replace the equipment 
either if you choose not to perform the calibration, or if the equipment 
cannot be calibrated properly. Each temperature monitoring device must 
be equipped with a continuous recorder. The device must have an accuracy 
of 1 percent of the temperature being monitored in 
degrees Celsius, or 1 [deg]Celsius, whichever is 
greater.
    (ii) For an oxidizer other than a catalytic oxidizer, to demonstrate 
continuous compliance with the operating limit established according to 
Sec. 63.5160(d)(3)(i), you must install the thermocouple or temperature 
sensor in the combustion chamber at a location in the combustion zone.
    (iii) For a catalytic oxidizer, if you are demonstrating continuous 
compliance with the operating limit established according to Sec. 
63.5160(d)(3)(ii)(A) and (B), then you must install the thermocouples or 
temperature sensors in the vent stream at the nearest feasible point to 
the inlet and outlet of the catalyst bed. Calculate the temperature 
difference across the catalyst. If you are demonstrating continuous 
compliance with the operating limit established according to Sec. 
63.5160(d)(3)(ii)(C) and (D), then you must install the thermocouple or 
temperature sensor in the vent stream at the nearest feasible point to 
the inlet of the catalyst bed.
    (4) Capture system monitoring. If you are complying with the 
requirements of the standards in Sec. 63.5120 through the use of a 
capture system and control device, you must develop a capture system 
monitoring plan containing the information specified in paragraphs 
(a)(4)(i) and (ii) of this section. You must monitor the capture system 
in accordance with paragraph (a)(4)(iii) of this section. You must make 
the monitoring plan available for inspection by the permitting authority 
upon request.
    (i) The monitoring plan must identify the operating parameter to be 
monitored to ensure that the capture efficiency measured during 
compliance tests is maintained, explain why this parameter is 
appropriate for demonstrating ongoing compliance, and identify the 
specific monitoring procedures.
    (ii) The plan also must specify operating limits at the capture 
system operating parameter value, or range of values, that demonstrates 
compliance with the standards in Sec. 63.5120. The operating limits 
must represent the conditions indicative of proper operation and 
maintenance of the capture system.
    (iii) You must conduct monitoring in accordance with the plan.
    (b) If an operating parameter monitored in accordance with 
paragraphs

[[Page 1079]]

(a)(3) and (4) of this section is out of the allowed range specified in 
Table 1 to this subpart it will be considered a deviation from the 
operating limit.

[67 FR 39812, June 10, 2002, as amended at 85 FR 10862, Feb. 25, 2020]



Sec. 63.5160  What performance tests must I complete?

     Table 1 to Sec. 63.5160--Required Performance Testing Summary
------------------------------------------------------------------------
  If you control HAP on your coil
         coating line by:                         You must:
------------------------------------------------------------------------
1. Limiting HAP or Volatile matter  Determine the HAP or volatile matter
 content of coatings.                and solids content of coating
                                     materials according to the
                                     procedures in Sec. 63.5160(b) and
                                     (c).
2. Using a capture system and add-  Except as specified in paragraph (a)
 on control device.                  of this section, conduct an initial
                                     performance test within 180 days of
                                     the applicable compliance date in
                                     Sec. 63.5130, and conduct
                                     periodic performance tests within 5
                                     years following the previous
                                     performance test, as follows: If
                                     you are not required to complete
                                     periodic performance tests as a
                                     requirement of renewing your
                                     facility's operating permit under
                                     40 CFR part 70 or 40 CFR part 71,
                                     you must conduct the first periodic
                                     performance test before March 25,
                                     2023, unless you already have
                                     conducted a performance test on or
                                     after March 25, 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. If you are
                                     required to complete periodic
                                     performance tests as a requirement
                                     of renewing your facility's
                                     operating permit under 40 CFR part
                                     70 or 40 CFR part 71, you must
                                     conduct the periodic testing in
                                     accordance with the terms and
                                     schedule required by your permit
                                     conditions. For each performance
                                     test: (1) For each capture and
                                     control system, determine the
                                     destruction or removal efficiency
                                     of each control device according to
                                     Sec. 63.5160(d) and the capture
                                     efficiency of each capture system
                                     according to Sec. 63.5160(e), and
                                     (2) confirm or re-establish the
                                     operating limits.
------------------------------------------------------------------------

    (a) If you use a control device to comply with the requirements of 
Sec. 63.5120, you are not required to conduct a performance test to 
demonstrate compliance if one or more of the criteria in paragraphs 
(a)(1) through (3) of this section are met:
    (1) The control device is equipped with continuous emission monitors 
for determining total organic volatile matter concentration, and capture 
efficiency has been determined in accordance with the requirements of 
this subpart; and the continuous emission monitors are used to 
demonstrate continuous compliance in accordance with Sec. 
63.5150(a)(2); or
    (2) You have received a waiver of performance testing under Sec. 
63.7(h); or
    (3) The control device is a solvent recovery system and you choose 
to comply by means of a monthly liquid-liquid material balance.
    (b) Organic HAP content. You must determine the organic HAP weight 
fraction of each coating material applied by following one of the 
procedures in paragraphs (b)(1) through (4) of this section:
    (1) Method 311. You may test the material in accordance with Method 
311 of appendix A of this part. The Method 311 determination may be 
performed by the manufacturer of the material and the results provided 
to you. The organic HAP content must be calculated according to the 
criteria and procedures in paragraphs (b)(1)(i) through (iii) of this 
section.
    (i) Count only those organic HAP in Table 3 to this subpart that are 
measured to be present at greater than or equal to 0.1 weight percent 
and greater than or equal to 1.0 weight percent for other organic HAP 
compounds.
    (ii) Express the weight fraction of each organic HAP you count 
according to paragraph (b)(1)(i) of this section as a value truncated to 
four places after the decimal point (for example, 0.3791).
    (iii) Calculate the total weight fraction of organic HAP in the 
tested material by summing the counted individual organic HAP weight 
fractions and truncating the result to three places after the decimal 
point (for example, 0.763).
    (2) Method 24 in appendix A-7 of part 60. For coatings, you may 
determine

[[Page 1080]]

the total volatile matter content as weight fraction of nonaqueous 
volatile matter and use it as a substitute for organic HAP, using Method 
24 in appendix A-7 of part 60. As an alternative to using Method 24, you 
may use ASTM D2369-10 (2015), ``Test Method for Volatile Content of 
Coatings'' (incorporated by reference, see Sec. 63.14). The 
determination of total volatile matter content using a method specified 
in this paragraph (b)(2) or as provided in paragraph (b)(3) of this 
section may be performed by the manufacturer of the coating and the 
results provided to you.
    (3) Alternative method. You may use an alternative test method for 
determining the organic HAP weight fraction once the Administrator has 
approved it. You must follow the procedure in Sec. 63.7(f) to submit an 
alternative test method for approval.
    (4) Formulation data. You may use formulation data provided that the 
information represents each organic HAP in Table 3 to this subpart that 
is present at a level equal to or greater than 0.1 percent and equal to 
or greater than 1.0 percent for other organic HAP compounds in any raw 
material used, weighted by the mass fraction of each raw material used 
in the material. Formulation data may be provided to you by the 
manufacturer of the coating material. In the event of any inconsistency 
between test data obtained with the test methods specified in paragraphs 
(b)(1) through (3) of this section and formulation data, the test data 
will govern.
    (c) Solids content and density. You must determine the solids 
content and the density of each coating material applied. You may 
determine the volume solids content using ASTM D2697-03(2014) Standard 
Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings 
(incorporated by reference, see Sec. 63.14) or ASTM D6093-97 (2016) 
Standard Test Method for Percent Volume Nonvolatile Matter in Clear or 
Pigmented Coatings Using a Helium Gas Pycnometer (incorporated by 
reference, see Sec. 63.14), or an EPA approved alternative method. You 
must determine the density of each coating using ASTM D1475-13 
``Standard Test Method for Density of Liquid Coatings, Inks, and Related 
Products'' (incorporated by reference, see Sec. 63.14) or ASTM D2111-10 
(2015) ``Standard Test Methods for Specific Gravity and Density of 
Halogenated Organic Solvents and Their Admixtures'' (incorporated by 
reference, see Sec. 63.14). The solids determination using ASTM D2697-
03(2014) or ASTM D6093-97 (2016) and the density determination using 
ASTM D1475-13 or ASTM 2111-10 (2015) may be performed by the 
manufacturer of the material and the results provided to you. 
Alternatively, you may rely on formulation data provided by material 
providers to determine the volume solids. In the event of any 
inconsistency between test data obtained with the ASTM test methods 
specified in this section and formulation data, the test data will 
govern.
    (d) Control device destruction or removal efficiency. If you are 
using an add-on control device, such as an oxidizer, to comply with the 
standard in Sec. 63.5120, you must conduct performance tests according 
to Table 1 to Sec. 63.5160 to establish the destruction or removal 
efficiency of the control device or the outlet HAP concentration 
achieved by the oxidizer, according to the methods and procedures in 
paragraphs (d)(1) and (2) of this section. During performance tests, you 
must establish the operating limits required by Sec. 63.5121 according 
to paragraph (d)(3) of this section.
    (1) Performance tests conducted to determine the destruction or 
removal efficiency of the control device must be performed such that 
control device inlet and outlet testing is conducted simultaneously. To 
determine the outlet organic HAP concentration achieved by the oxidizer, 
only oxidizer outlet testing must be conducted. The data must be reduced 
in accordance with the test methods and procedures in paragraphs 
(d)(1)(i) through (ix).
    (i) Method 1 or 1A of 40 CFR part 60, appendix A, is used for sample 
and velocity traverses to determine sampling locations.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix A, 
is used to determine gas volumetric flow rate.
    (iii) Method 3, 3A, or 3B of 40 CFR part 60, appendix A, used for 
gas analysis to determine dry molecular

[[Page 1081]]

weight. You may also use as an alternative to Method 3B, the manual 
method for measuring the oxygen, carbon dioxide, and carbon monoxide 
content of exhaust gas, ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses'' (incorporated by reference, see Sec. 63.14).
    (iv) Method 4 of 40 CFR part 60, appendix A, is used to determine 
stack gas moisture.
    (v) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run, as specified in paragraph (d)(1)(vii) of this section.
    (vi) Method 25 or 25A in appendix A-7 of part 60 is used to 
determine total gaseous non-methane organic matter concentration. You 
may use Method 18 in appendix A-6 of part 60 to subtract methane 
emissions from measured total gaseous organic mass emissions as carbon. 
Use the same test method for both the inlet and outlet measurements, 
which must be conducted simultaneously. You must submit notification of 
the intended test method to the Administrator for approval along with 
notification of the performance test required under Sec. 63.7 (b). You 
must use Method 25A if any of the conditions described in paragraphs 
(d)(1)(vi)(A) through (D) of this section apply to the control device.
    (A) The control device is not an oxidizer.
    (B) The control device is an oxidizer, but an exhaust gas volatile 
organic matter concentration of 50 ppmv or less is required to comply 
with the standards in Sec. 63.5120; or
    (C) The control device is an oxidizer, but the volatile organic 
matter concentration at the inlet to the control system and the required 
level of control are such that they result in exhaust gas volatile 
organic matter concentrations of 50 ppmv or less; or
    (D) The control device is an oxidizer, but because of the high 
efficiency of the control device, the anticipated volatile organic 
matter concentration at the control device exhaust is 50 ppmv or less, 
regardless of inlet concentration.
    (vii) Each performance test must consist of three separate runs, 
except as provided by Sec. 63.7(e)(3); each run must be conducted for 
at least 1 hour under the conditions that exist when the affected source 
is operating under normal operating conditions. For the purpose of 
determining volatile organic matter concentrations and mass flow rates, 
the average of the results of all runs will apply. If you are 
demonstrating compliance with the outlet organic HAP concentration limit 
in Sec. 63.5120(a)(3), only the average outlet volatile organic matter 
concentration must be determined.
    (viii) If you are determining the control device destruction or 
removal efficiency, for each run, determine the volatile organic matter 
mass flow rates using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR10JN02.000

Where:

Mf = total organic volatile matter mass flow rate, kg/per 
          hour (h).
Cc = concentration of organic compounds as carbon in the vent 
          gas, as determined by Method 25 or Method 25A, ppmv, dry 
          basis.
Qsd = volumetric flow rate of gases entering or exiting the 
          control device, as determined by Method 2, 2A, 2C, 2D, 2F, or 
          2G, dry standard cubic meters (dscm)/h.
0.0416 = conversion factor for molar volume, kg-moles per cubic meter 
          (mol/m\3\) (@ 293 Kelvin (K) and 760 millimeters of mercury 
          (mmHg)).

    (ix) For each run, determine the control device destruction or 
removal efficiency, DRE, using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR10JN02.001

Where:

DRE = organic emissions destruction or removal efficiency of the add-on 
          control device, percent.
Mfi = organic volatile matter mass flow rate at the inlet to 
          the control device, kg/h.
Mfo = organic volatile matter mass flow rate at the outlet of 
          the control device, kg/h.

    (x) The control device destruction or removal efficiency is 
determined as the average of the efficiencies determined in the three 
test runs and calculated in Equation 2 of this section.
    (2) You must record such process information as may be necessary to 
determine the conditions in existence at

[[Page 1082]]

the time of the performance test. Before August 24, 2020, operations 
during periods of start-up, shutdown, and malfunction will not 
constitute representative conditions for the purpose of a performance 
test. On and after August 24, 2020, you must conduct the performance 
test under representative operating conditions for the coating 
operation. Operations during periods of start-up, shutdown, or 
nonoperation do not constitute representative conditions for the purpose 
of a performance test. The owner or operator 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.
    (3) Operating limits. If you are using a capture system and add-on 
control device other than a solvent recovery system for which you 
conduct a liquid-liquid material balance to comply with the requirements 
in Sec. 63.5120, you must establish the applicable operating limits 
required by Sec. 63.5121. These operating limits apply to each capture 
system and to each add-on emission control device that is not monitored 
by CEMS, and you must establish the operating limits during performance 
tests required by paragraph (d) of this section according to the 
requirements in paragraphs (d)(3)(i) through (iii) of this section.
    (i) Thermal oxidizer. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs 
(d)(3)(i)(A) and (B) of this section.
    (A) During performance tests, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of the 
three test runs. You must monitor the temperature in the firebox of the 
thermal oxidizer or immediately downstream of the firebox before any 
substantial heat exchange occurs.
    (B) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer.
    (ii) Catalytic oxidizer. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (d)(3)(ii)(A) and (B) or paragraphs (d)(3)(ii)(C) and (D) of 
this section.
    (A) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (B) Use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed maintained during 
the performance test. These are the minimum operating limits for your 
catalytic oxidizer.
    (C) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet to 
the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(d)(3)(ii)(D) of this section. During the performance test, you must 
monitor and record the temperature just before the catalyst bed at least 
once every 15 minutes during each of the three test runs. Use the data 
collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. This is the minimum operating limit for your catalytic oxidizer.
    (D) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (d)(3)(ii)(C) of this section. The plan must 
address, at a minimum, the elements specified in paragraphs 
(d)(3)(ii)(D) (1) through (3) of this section.
    (1) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.

[[Page 1083]]

    (2) Monthly inspection of the oxidizer system including the burner 
assembly and fuel supply lines for problems and,
    (3) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendations and conduct a new performance test to 
determine destruction efficiency according to Sec. 63.5160.
    (iii) Other types of control devices. If you use a control device 
other than an oxidizer or a solvent recovery system for which you choose 
to comply by means of a monthly liquid-liquid material balance, or wish 
to monitor an alternative parameter and comply with a different 
operating limit, you must apply to the Administrator for approval of 
alternative monitoring under Sec. 63.8(f).
    (e) Capture efficiency. If you are required to determine capture 
efficiency to meet the requirements of Sec. 63.5170(e)(2), (f)(1) and 
(2), (g)(2) through (4), or (i)(2) and (3), you must determine capture 
efficiency using the procedures in paragraph (e)(1), (2), or (3) of this 
section, as applicable.
    (1) For an enclosure that meets the criteria for a PTE, you may 
assume it achieves 100 percent capture efficiency. You must confirm that 
your capture system is a PTE by demonstrating that it meets the 
requirements of section 6 of EPA Method 204 of 40 CFR part 51, appendix 
M (or an EPA approved alternative method), and that all exhaust gases 
from the enclosure are delivered to a control device.
    (2) You may determine capture efficiency, CE, according to the 
protocols for testing with temporary total enclosures that are specified 
in Method 204A through F of 40 CFR part 51, appendix M. You may exclude 
never-controlled work stations from such capture efficiency 
determinations.
    (3) As an alternative to the procedures specified in paragraphs 
(e)(1) and (2) of this section, if you are required to conduct a capture 
efficiency test, you may use any capture efficiency protocol and test 
methods that satisfy the criteria of either the Data Quality Objective 
or the Lower Confidence Limit approach as described in appendix A to 
subpart KK of this part. You may exclude never-controlled work stations 
from such capture efficiency determinations.

[67 FR 39812, June 10, 2002, as amended at 85 FR 10862, Feb. 25, 2020]

                   Requirements for Showing Compliance



Sec. 63.5170  How do I demonstrate compliance with the standards?

    You must include all coating materials (as defined in Sec. 63.5110) 
used in the affected source when determining compliance with the 
applicable emission limit in Sec. 63.5120. To make this determination, 
you must use at least one of the four compliance options listed in Table 
1 of this section. You may apply any of the compliance options to an 
individual coil coating line, or to multiple lines as a group, or to the 
entire affected source. You may use different compliance options for 
different coil coating lines, or at different times on the same line. 
However, you may not use different compliance options at the same time 
on the same coil coating line. If you switch between compliance options 
for any coil coating line or group of lines, you must document this 
switch as required by Sec. 63.5190(a), and you must report it in the 
next semiannual compliance report required in Sec. 63.5180.

 Table 1 to Sec. 63.5170--Compliance Demonstration Requirements Index
------------------------------------------------------------------------
   If you choose to demonstrate
          compliance by:               Then you must demonstrate that:
------------------------------------------------------------------------
1. Use of ``as purchased''          a. Each coating material used during
 compliant coatings.                 the 12-month compliance period does
                                     not exceed 0.046 kg HAP per liter
                                     solids, as purchased. Paragraph (a)
                                     of this section.
2. Use of ``as applied'' compliant  a. Each coating material used does
 coatings.                           not exceed 0.046 kg HAP per liter
                                     solids on a rolling 12-month
                                     average as applied basis,
                                     determined monthly. Paragraphs
                                     (b)(1) of this section; or
                                    b. Average of all coating materials
                                     used does not exceed 0.046 kg HAP
                                     per liter solids on a rolling 12-
                                     month average as applied basis,
                                     determined monthly. Paragraph
                                     (b)(2) of this section.

[[Page 1084]]

 
3. Use of a capture system and      Overall organic HAP control
 control device.                     efficiency is at least 98 percent
                                     on a monthly basis for individual
                                     or groups of coil coating lines; or
                                     overall organic HAP control
                                     efficiency is at least 98 percent
                                     during performance tests conducted
                                     according to Table 1 to Sec.
                                     63.5170 and operating limits are
                                     achieved continuously for
                                     individual coil coating lines; or
                                     oxidizer outlet HAP concentration
                                     is no greater than 20 ppmv and
                                     there is 100-percent capture
                                     efficiency during performance tests
                                     conducted according to Table 1 to
                                     Sec. 63.5170 and operating limits
                                     are achieved continuously for
                                     individual coil coating lines.
                                     Paragraph (c) of this section.
4. Use of a combination of          Average equivalent emission rate
 compliant coatings and control      does not exceed 0.046 kg HAP per
 devices and maintaining an          liter solids on a rolling 12-month
 acceptable equivalent emission      average as applied basis,
 rate.                               determined monthly. Paragraph (d)
                                     of this section.
------------------------------------------------------------------------

    (a) As-purchased compliant coatings. If you elect to use coatings 
that individually meet the organic HAP emission limit in Sec. 
63.5120(a)(2) as-purchased, to which you will not add HAP during 
distribution or application, you must demonstrate that each coating 
material applied during the 12-month compliance period contains no more 
than 0.046 kg HAP per liter of solids on an as-purchased basis.
    (1) Determine the organic HAP content for each coating material in 
accordance with Sec. 63.5160(b) and the volume solids content in 
accordance with Sec. 63.5160(c).
    (2) Combine these results using Equation 1 of this section and 
compare the result to the organic HAP emission limit in Sec. 
63.5120(a)(2) to demonstrate that each coating material contains no more 
organic HAP than the limit.
[GRAPHIC] [TIFF OMITTED] TR10JN02.002

Where:

Hsiap = as-purchased, organic HAP to solids ratio of coating 
          material, i, kg organic HAP/liter solids applied.
Chi = organic HAP content of coating material, i, expressed 
          as a weight-fraction, kg/kg.
Di = density of coating material, i, kg/l.
Vsi = volume fraction of solids in coating, i, l/l.

    (b) As-applied compliant coatings. If you choose to use ``as-
applied'' compliant coatings, you must demonstrate that the average of 
each coating material applied during the 12-month compliance period 
contains no more than 0.046 kg of organic HAP per liter of solids 
applied in accordance with (b)(1) of this section, or demonstrate that 
the average of all coating materials applied during the 12-month 
compliance period contain no more than 0.046 kg of organic HAP per liter 
of solids applied in accordance with paragraph (b)(2) of this section.
    (1) To demonstrate that the average organic HAP content on the basis 
of solids applied for each coating material applied, HSi yr, 
is less than 0.046 kg HAP per liter solids applied for the 12-month 
compliance period, use Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR10JN02.003

Where:

Hsi yr = average for the 12-month compliance period, as-
          applied, organic HAP to solids

[[Page 1085]]

          ratio of material, i, kg organic HAP/liter solids applied.
Vi = volume of coating material, i, l.
Di = density of coating material, i, kg/l.
Cahi = monthly average, as-applied, organic HAP content of 
          solids-containing coating material, i, expressed as a weight 
          fraction, kilogram (kg)/kg.
Vj = volume of solvent, j, l.
Dj = density of solvent, j, kg/l.
Chij = organic HAP content of solvent, j, added to coating 
          material, i, expressed as a weight fraction, kg/kg.
Vsi = volume fraction of solids in coating, i, l/l.
y = identifier for months.
q = number of different solvents, thinners, reducers, diluents, or other 
          non-solids-containing coating materials applied in a month.

    (2) To demonstrte that the average organic HAP content on the basis 
of solids applied, HS yr, of all coating materials applied is 
less than 0.046 kg HAP per liter solids applied for the 12-month 
compliance period, use Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR10JN02.004

Where:

HS yr = average for the 12-month compliance period, as-
          applied, organic HAP to solids ratio of all materials applied, 
          kg organic HAP/liter solids applied.
Vi = volume of coating material, i, l.
Di = density of coating material, i, kg/l.
Cahi = monthly average, as-applied, organic HAP content of 
          solids-containing coating material, i, expressed as a weight 
          fraction, kilogram (kg)/kg.
Vj = volume of solvent, j, l.
Dj = density of solvent, j, kg/l.
Chij = organic HAP content of solvent, j, added to coating 
          material, i, expressed as a weight fraction, kg/kg.
Vsi = volume fraction of solids in coating, i, l/l.
p = number of different coating materials applied in a month.
q = number of different solvents, thinners, reducers, diluents, or other 
          non-solids-containing coating materials applied in a month.
y = identifier for months.

    (c) Capture and control to reduce emissions to no more than the 
allowable limit. If you use one or more capture systems and one or more 
control devices and demonstrate an average overall organic HAP control 
efficiency of at least 98 percent for each month to comply with Sec. 
63.5120(a)(1); or operate a capture system and oxidizer so that the 
capture efficiency is 100 percent and the oxidizer outlet HAP 
concentration is no greater than 20 ppmv on a dry basis to comply with 
Sec. 63.5120(a)(3), you must follow one of the procedures in paragraphs 
(c)(1) through (4) of this section. Alternatively, you may demonstrate 
compliance for an individual coil coating line by operating its capture 
system and control device and continuous parameter monitoring system 
according to the procedures in paragraph (i) of this section.
    (1) If the affected source uses one compliance procedure to limit 
organic HAP emissions to the level specified in Sec. 63.5120(a)(1) or 
(3) and has only always-controlled work stations, then you must 
demonstrate compliance with the provisions of paragraph (e) of this 
section when emissions from the affected source are controlled by one or 
more solvent recovery devices.
    (2) If the affected source uses one compliance procedure to limit 
organic HAP emissions to the level specified in Sec. 63.5120(a)(1) or 
(3) and has only always-controlled work stations, then you must 
demonstrate compliance with the provisions of paragraph (f) of this 
section when emissions are controlled by one or more oxidizers.
    (3) If the affected source operates both solvent recovery and 
oxidizer control devices, one or more never-controlled work stations, or 
one or more

[[Page 1086]]

intermittently-controllable work stations, or uses more than one 
compliance procedure, then you must demonstrate compliance with the 
provisions of paragraph (g) of this section.
    (4) The method of limiting organic HAP emissions to the level 
specified in Sec. 63.5120(a)(3) is the installation and operation of a 
PTE around each work station and associated curing oven in the coating 
line and the ventilation of all organic HAP emissions from each PTE to 
an oxidizer with an outlet organic HAP concentration of no greater than 
20 ppmv on a dry basis. An enclosure that meets the requirements in 
Sec. 63.5160(e)(1) is considered a PTE. Compliance of the oxidizer with 
the outlet organic HAP concentration limit is demonstrated either 
through continuous emission monitoring according to paragraph (c)(4)(ii) 
of this section or through performance tests according to the 
requirements of Sec. 63.5160(d) and Table 1 to Sec. 63.5160. If this 
method is selected, you must meet the requirements of paragraph 
(c)(4)(i) of this section to demonstrate continuing achievement of 100 
percent capture of organic HAP emissions and either paragraph (c)(4)(ii) 
or paragraph (c)(4)(iii) of this section, respectively, to demonstrate 
continuous compliance with the oxidizer outlet organic HAP concentration 
limit through continuous emission monitoring or continuous operating 
parameter monitoring:
    (i) Whenever a work station is operated, continuously monitor the 
capture system operating parameter established in accordance with Sec. 
63.5150(a)(4).
    (ii) To demonstrate that the value of the exhaust gas organic HAP 
concentration at the outlet of the oxidizer is no greater than 20 ppmv, 
on a dry basis, install, calibrate, operate, and maintain CEMS according 
to the requirements of Sec. 63.5150(a)(2).
    (iii) To demonstrate continuous compliance with operating limits 
established in accordance with Sec. 63.5150(a)(3), whenever a work 
station is operated, continuously monitor the applicable oxidizer 
operating parameter.
    (d) Capture and control to achieve the emission rate limit. If you 
use one or more capture systems and one or more control devices and 
limit the organic HAP emission rate to no more than 0.046 kg organic HAP 
emitted per liter of solids applied on a 12-month average as-applied 
basis, then you must follow one of the procedures in paragraphs (d)(1) 
through (3) of this section.
    (1) If you use one or more solvent recovery devices, you must 
demonstrate compliance with the provisions in paragraph (e) of this 
section.
    (2) If you use one or more oxidizers, you must demonstrate 
compliance with the provisions in paragraph (f) of this section.
    (3) If you use both solvent recovery devices and oxidizers, or 
operate one or more never-controlled work stations or one or more 
intermittently controllable work stations, you must demonstrate 
compliance with the provisions in paragraph (g) of this section.
    (e) Use of solvent recovery to demonstrate compliance. If you use 
one or more solvent recovery devices to control emissions from always-
controlled work stations, you must show compliance by following the 
procedures in either paragraph (e)(1) or (2) of this section:
    (1) Liquid-liquid material balance. Perform a liquid-liquid material 
balance for each month as specified in paragraphs (e)(1)(i) through (vi) 
of this section and use Equations 4 through 6 of this section to convert 
the data to units of this standard. All determinations of quantity of 
coating and composition of coating must be made at a time and location 
in the process after all ingredients (including any dilution solvent) 
have been added to the coating, or appropriate adjustments must be made 
to account for any ingredients added after the amount of coating has 
been determined.
    (i) Measure the mass of each coating material applied on the work 
station or group of work stations controlled by one or more solvent 
recovery devices during the month.
    (ii) If demonstrating compliance with the organic HAP emission rate 
based on solids applied, determine the organic HAP content of each 
coating material applied during the month following the procedure in 
Sec. 63.5160(b).
    (iii) Determine the volatile matter content of each coating material 
applied during the month following the procedure in Sec. 63.5160(c).

[[Page 1087]]

    (iv) If demonstrating compliance with the organic HAP emission rate 
based on solids applied, determine the solids content of each coating 
material applied during the month following the procedure in Sec. 
63.5160(c).
    (v) For each solvent recovery device used to comply with Sec. 
63.5120(a), install, calibrate, maintain, and operate according to the 
manufacturer's specifications, a device that indicates the cumulative 
amount of volatile matter recovered by the solvent recovery device on a 
monthly basis. The device must be initially certified by the 
manufacturer to be accurate to within 2.0 percent.
    (vi) For each solvent recovery device used to comply with Sec. 
63.5120(a), measure the amount of volatile matter recovered for the 
month.
    (vii) Recovery efficiency, Rv. Calculate the volatile 
organic matter collection and recovery efficiency, Rv, using 
Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TR10JN02.005

Where:

Rv = organic volatile matter collection and recovery 
          efficiency, percent.
Mkvr = mass of volatile matter recovered in a month by 
          solvent recovery device, k, kg.
Mi = mass of coating material, i, applied in a month, kg.
Cvi = volatile matter content of coating material, i, 
          expressed as a weight fraction, kg/kg.
Mj = mass of solvent, thinner, reducer, diluent, or other 
          non-solids-containing coating material (excluding 
          H2O), j, applied in a month, kg.
p = number of different coating materials applied in a month.
q = number of different solvents, thinners, reducers, diluents, or other 
          non-solids-containing coating materials applied in a month.
s = number of solvent recovery devices used to comply with the standard 
          of Sec. 63.5120 of this subpart, in the facility.

    (viii) Organic HAP emitted, He. Calculate the mass of 
organic HAP emitted during the month, He, using Equation 5 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR10JN02.006

Where:

He = total monthly organic HAP emitted, kg.
Rv = organic volatile matter collection and recovery 
          efficiency, percent.
Chi = organic HAP content of coating material, i, expressed 
          as a weight-fraction, kg/kg.
Mi = mass of coating material, i, applied in a month, kg.
Chij = organic HAP content of solvent, j, added to coating 
          material, i, expressed as a weight fraction, kg/kg.
Mij = mass of solvent, thinner, reducer, diluent, or other 
          non-solids-containing coating material, j, added to solids-
          containing coating material, i, in a month, kg.
p = number of different coating materials applied in a month.
q = number of different solvents, thinners, reducers, diluents, or other 
          non-solids-containing coating materials applied in a month.

    (ix) Organic HAP emission rate based on solids applied for the 12-
month compliance period, LANNUAL. Calculate the organic HAP 
emission rate based on solids applied for the 12-month compliance 
period, LANNUAL, using Equation 6 of this section:

[[Page 1088]]

[GRAPHIC] [TIFF OMITTED] TR10JN02.007

Where:

LANNUAL = mass organic HAP emitted per volume of solids 
          applied for the 12-month compliance period, kg/liter.
He = total monthly organic HAP emitted, kg.
Csi = solids content of coating material, i, expressed as 
          liter of solids/kg of material.
Mi = mass of coating material, i, applied in a month, kg.
y = identifier for months.
p = number of different coating materials applied in a month.

    (x) Compare actual performance to performance required by compliance 
option. The affected source is in compliance with Sec. 63.5120(a) if it 
meets the requirement in either paragraph (e)(1)(x)(A) or (B) of this 
section:
    (A) The average volatile organic matter collection and recovery 
efficiency, Rv, is 98 percent or greater each month of the 
12-month compliance period; or
    (B) The organic HAP emission rate based on solids applied for the 
12-month compliance period, LANNUAL, is 0.046 kg organic HAP 
per liter solids applied or less.
    (2) Continuous emission monitoring of control device performance. 
Use continuous emission monitors to demonstrate recovery efficiency, 
conduct performance tests of capture efficiency and volumetric flow 
rate, and continuously monitor a site specific operating parameter to 
ensure that capture efficiency and volumetric flow rate are maintained 
following the procedures in paragraphs (e)(2)(i) through (xi) of this 
section:
    (i) Control device destruction or removal efficiency, DRE. For each 
control device used to comply with Sec. 63.5120(a), continuously 
monitor the gas stream entering and exiting the control device to 
determine the total volatile organic matter mass flow rate (e.g., by 
determining the concentration of the vent gas in grams per cubic meter 
and the volumetric flow rate in cubic meters per second, such that the 
total volatile organic matter mass flow rate in grams per second can be 
calculated using Equation 1 of Sec. 63.5160, and the percent 
destruction or removal efficiency, DRE, of the control device can be 
calculated for each month using Equation 2 of Sec. 63.5160.
    (ii) Determine the percent capture efficiency, CE, for each work 
station in accordance with Sec. 63.5160(e).
    (iii) Capture efficiency monitoring. Whenever a work station is 
operated, continuously monitor the operating parameter established in 
accordance with Sec. 63.5150(a)(4).
    (iv) Control efficiency, R. Calculate the overall organic HAP 
control efficiency, R, achieved for each month using Equation 7 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR10JN02.008

Where:

R = overall organic HAP control efficiency, percent.
DREk = organic volatile matter destruction or removal 
          efficiency of control device, k, percent.
CEA = organic volatile matter capture efficiency of the 
          capture system for work station, A, percent.
MAi = mass of coating material, i, applied on work station, 
          A, in a month, kg.
Cvi = volatile matter content of coating material, i, 
          expressed as a weight fraction, kg/kg.
MAj = mass of solvent, thinner, reducer, diluent, or other 
          non-solids-containing coating material (including 
          H2O), j, applied on work station, A, in a month, 
          kg.
Mi = mass of coating material, i, applied in a month, kg.
Mj = mass of solvent, thinner, reducer, diluent, or other 
          non-solids-containing coating material (excluding 
          H2O), j, applied in a month, kg.
w = number of always-controlled work stations in the facility.
p = number of different coating materials applied in a month.
q = number of different solvents, thinners, reducers, diluents, or other 
          non-solids-containing coating materials applied in a month.

    (v) If demonstrating compliance with the organic HAP emission rate 
based on solids applied, measure the mass of each coating material 
applied on each work station during the month.
    (vi) If demonstrating compliance with the organic HAP emission rate 
based on solids applied, determine the organic HAP content of each 
coating

[[Page 1089]]

material applied during the month in accordance with Sec. 63.5160(b).
    (vii) If demonstrating compliance with the organic HAP emission rate 
based on solids applied, determine the solids content of each coating 
material applied during the month in accordance with Sec. 63.5160(c).
    (viii) If demonstrating compliance with the organic HAP emission 
rate based on solids applied, calculate the organic HAP emitted during 
the month, He, for each month using Equation 8 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR10JN02.009

Where:

He = total monthly organic HAP emitted, kg.
DREk = organic volatile matter destruction or removal 
          efficiency of control device, k, percent.
CEA = organic volatile matter capture efficiency of the 
          capture system for work station, A, percent.
Chi = organic HAP content of coating material, i, expressed 
          as a weight-fraction, kg/kg.
MAi = mass of coating material, i, applied on work station, 
          A, in a month, kg.
Chij = organic HAP content of solvent, j, added to coating 
          material, i, expressed as a weight fraction, kg/kg.
MAij = mass of solvent, thinner, reducer, diluent, or other 
          non-solids-containing coating material, j, added to solids-
          containing coating material, i, applied on work station, A, in 
          a month, kg.
w = number of always-controlled work stations in the facility.
p = number of different coating materials applied in a month.
q = number of different solvents, thinners, reducers, diluents, or other 
          non-solids-containing coating materials applied in a month.

    (ix) Organic HAP emission rate based on solids applied for the 12-
month compliance period, LANNUAL. Calculate the organic HAP emission 
rate based on solids applied for the 12-month compliance period, 
LANNUAL, using Equation 6 of this section.
    (x) Compare actual performance to performance required by compliance 
option. The affected source is in compliance with Sec. 63.5120(a) if 
each capture system operating parameter is operated at an average value 
greater than or less than (as appropriate) the operating parameter value 
established in accordance with Sec. 63.5150 for each 3-hour period; and
    (A) The overall organic HAP control efficiency, R, is 98 percent or 
greater for each; or
    (B) The organic HAP emission rate based on solids applied for the 
12-month compliance period, LANNUAL, is 0.046 kg organic HAP 
per liter solids applied or less.
    (f) Use of oxidation to demonstrate compliance. If you use one or 
more oxidizers to control emissions from always controlled work 
stations, you must follow the procedures in either paragraph (f)(1) or 
(2) of this section:
    (1) Continuous monitoring of capture system and control device 
operating parameters. Demonstrate compliance through performance tests 
of capture efficiency and control device efficiency and continuous 
monitoring of capture system and control device operating parameters as 
specified in paragraphs (f)(1)(i) through (xi) of this section:
    (i) For each oxidizer used to comply with Sec. 63.5120(a), 
determine the oxidizer destruction or removal efficiency, DRE, using the 
procedure in Sec. 63.5160(d).
    (ii) Whenever a work station is operated, continuously monitor the 
operating parameter established in accordance with Sec. 63.5150(a)(3).
    (iii) Determine the capture system capture efficiency, CE, for each 
work station in accordance with Sec. 63.5160(e).
    (iv) Whenever a work station is operated, continuously monitor the 
operating parameter established in accordance with Sec. 63.5150(a)(4).

[[Page 1090]]

    (v) Calculate the overall organic HAP control efficiency, R, 
achieved using Equation 7 of this section.
    (vi) If demonstrating compliance with the organic HAP emission rate 
based on solids applied, measure the mass of each coating material 
applied on each work station during the month.
    (vii) If demonstrating compliance with the organic HAP emission rate 
based on solids applied, determine the organic HAP content of each 
coating material applied during the month following the procedure in 
Sec. 63.5160(b).
    (viii) If demonstrating compliance with the organic HAP emission 
rate based on solids applied, determine the solids content of each 
coating material applied during the month following the procedure in 
Sec. 63.5160(c).
    (ix) Calculate the organic HAP emitted during the month, 
He, for each month:
    (A) For each work station and its associated oxidizer, use Equation 
8 of this section.
    (B) For periods when the oxidizer has not operated within its 
established operating limit, the control device efficiency is determined 
to be zero.
    (x) Organic HAP emission rate based on solids applied for the 12-
month compliance period, LANNUAL. If demonstrating compliance with the 
organic HAP emission rate based on solids applied for the 12-month 
compliance period, calculate the organic HAP emission rate based on 
solids applied, LANNUAL, for the 12-month compliance period 
using Equation 6 of this section.
    (xi) Compare actual performance to performance required by 
compliance option. The affected source is in compliance with Sec. 
63.5120(a) if each oxidizer is operated such that the average operating 
parameter value is greater than the operating parameter value 
established in Sec. 63.5150(a)(3) for each 3-hour period, and each 
capture system operating parameter average value is greater than or less 
than (as appropriate) the operating parameter value established in Sec. 
63.5150(a)(4) for each 3-hour period; and the requirement in either 
paragraph (f)(1)(xi)(A) or (B) of this section is met.
    (A) The overall organic HAP control efficiency, R, is 98 percent or 
greater for each; or
    (B) The organic HAP emission rate based on solids applied, 
LANNUAL, is 0.046 kg organic HAP per liter solids applied or 
less for the 12-month compliance period.
    (2) Continuous emission monitoring of control device performance. 
Use continuous emission monitors, conduct performance tests of capture 
efficiency, and continuously monitor a site specific operating parameter 
to ensure that capture efficiency is maintained. Compliance must be 
demonstrated in accordance with paragraph (e)(2) of this section.
    (g) Combination of capture and control. You must demonstrate 
compliance according to the procedures in paragraphs (g)(1) through (8) 
of this section if both solvent recovery and oxidizer control devices, 
one or more never controlled coil coating stations, or one or more 
intermittently controllable coil coating stations are operated; or more 
than one compliance procedure is used.
    (1) Solvent recovery system using liquid/liquid material balance 
compliance demonstration. For each solvent recovery system used to 
control one or more work stations for which you choose to comply by 
means of a liquid-liquid material balance, you must determine the 
organic HAP emissions each month of the 12-month compliance period for 
those work stations controlled by that solvent recovery system according 
to either paragraph (g)(1)(i) or (ii) of this section:
    (i) In accordance with paragraphs (e)(1)(i) through (iii) and 
(e)(1)(v) through (viii) of this section if the work stations controlled 
by that solvent recovery system are only always-controlled work 
stations; or
    (ii) In accordance with paragraphs (e)(1)(ii) through (iii), 
(e)(1)(v) through (vi), and (h) of this section if the work stations 
controlled by that solvent recovery system include one or more never-
controlled or intermittently-controllable work stations.
    (2) Solvent recovery system using performance test and continuous 
monitoring compliance demonstration. For each solvent recovery system 
used to control one or more coil coating stations for

[[Page 1091]]

which you choose to comply by means of performance testing of capture 
efficiency, continuous emission monitoring of the control device, and 
continuous monitoring of a capture system operating parameter, each 
month of the 12-month compliance period you must meet the requirements 
of paragraphs (g)(2)(i) and (ii) of this section:
    (i) For each capture system delivering emissions to that solvent 
recovery system, monitor an operating parameter established in Sec. 
63.5150(a)(4) to ensure that capture system efficiency is maintained; 
and
    (ii) Determine the organic HAP emissions for those work stations 
served by each capture system delivering emissions to that solvent 
recovery system according to either paragraph (g)(2)(ii)(A) or (B) of 
this section:
    (A) In accordance with paragraphs (e)(2)(i) through (iii) and 
(e)(2)(v) through (viii) of this section if the work stations served by 
that capture system are only always-controlled coil coating stations; or
    (B) In accordance with paragraphs (e)(2)(i) through (iii), (e)(2)(v) 
through (vii), and (h) of this section if the work stations served by 
that capture system include one or more never-controlled or 
intermittently-controllable work stations.
    (3) Oxidizer using performance tests and continuous monitoring of 
operating parameters compliance demonstration. For each oxidizer used to 
control emissions from one or more work stations for which you choose to 
demonstrate compliance through performance tests of capture efficiency, 
control device efficiency, and continuous monitoring of capture system 
and control device operating parameters, each month of the 12-month 
compliance period you must meet the requirements of paragraphs (g)(3)(i) 
through (iii) of this section:
    (i) Monitor an operating parameter established in Sec. 
63.5150(a)(3) to ensure that control device destruction or removal 
efficiency is maintained; and
    (ii) For each capture system delivering emissions to that oxidizer, 
monitor an operating parameter established in Sec. 63.5150(a)(4) to 
ensure capture efficiency; and
    (iii) Determine the organic HAP emissions for those work stations 
served by each capture system delivering emissions to that oxidizer 
according to either paragraph (g)(3)(iii)(A) or (B) of this section:
    (A) In accordance with paragraphs (f)(1)(i) through (v) and (ix) of 
this section if the work stations served by that capture system are only 
always-controlled work stations; or
    (B) In accordance with paragraphs (f)(1)(i) through (v), (ix), and 
(h) of this section if the work stations served by that capture system 
include one or more never-controlled or intermittently-controllable work 
stations.
    (4) Oxidizer using continuous emission monitoring compliance 
demonstration. For each oxidizer used to control emissions from one or 
more work stations for which you choose to demonstrate compliance 
through capture efficiency testing, continuous emission monitoring of 
the control device, and continuous monitoring of a capture system 
operating parameter, each month of the 12-month compliance period you 
must meet the requirements in paragraphs (g)(4)(i) and (ii) of this 
section:
    (i) For each capture system delivering emissions to that oxidizer, 
monitor an operating parameter established in Sec. 63.5150(a)(4) to 
ensure capture efficiency; and
    (ii) Determine the organic HAP emissions for those work stations 
served by each capture system delivering emissions to that oxidizer 
according to either paragraph (g)(4)(ii)(A) or (B) of this section:
    (A) In accordance with paragraphs (e)(2)(i) through (iii) and 
(e)(2)(v) through (viii) of this section if the work stations served by 
that capture system are only always-controlled work stations; or
    (B) In accordance with paragraphs (e)(2)(i) through (iii), (e)(2)(v) 
through (vii), and (h) of this section if the work stations served by 
that capture system include one or more never-controlled or 
intermittently-controllable work stations.
    (5) Uncontrolled work stations. For uncontrolled work stations, each 
month of the 12-month compliance period you must determine the organic 
HAP applied on those work stations using Equation 9 of this section. The 
organic HAP emitted from an uncontrolled

[[Page 1092]]

work station is equal to the organic HAP applied on that work station:
[GRAPHIC] [TIFF OMITTED] TR10JN02.010

Where:

Hm = facility total monthly organic HAP applied on 
          uncontrolled coil coating stations, kg.
Chi = organic HAP content of coating material, i, expressed 
          as a weight-fraction, kg/kg.
MAi = mass of coating material, i, applied on work station, 
          A, in a month, kg.
Chij = organic HAP content of solvent, j, added to coating 
          material, i, expressed as a weight fraction, kg/kg.
MAij = mass of solvent, thinner, reducer, diluent, or other 
          non-solids-containing coating material, j, added to solids-
          containing coating material, i, applied on work station, A, in 
          a month, kg.
x = number of uncontrolled work stations in the facility.
p = number of different coating materials applied in a month.
q = number of different solvents, thinners, reducers, diluents, or other 
          non-solids-containing coating materials applied in a month.

    (6) If demonstrating compliance with the organic HAP emission rate 
based on solids applied, each month of the 12-month compliance period 
you must determine the solids content of each coating material applied 
during the month following the procedure in Sec. 63.5160(c).
    (7) Organic HAP emitted. You must determine the organic HAP 
emissions for the affected source for each 12-month compliance period by 
summing all monthly organic HAP emissions calculated according to 
paragraphs (g)(1), (g)(2)(ii), (g)(3)(iii), (g)(4)(ii), and (g)(5) of 
this section.
    (8) Compare actual performance to performance required by compliance 
option. The affected source is in compliance with Sec. 63.5120(a) for 
the 12-month compliance period if all operating parameters required to 
be monitored under paragraphs (g)(2) through (4) of this section were 
maintained at the values established in Sec. 63.5150; and it meets the 
requirement in either paragraph (g)(8)(i) or (ii) of this section.
    (i) The total mass of organic HAP emitted by the affected source was 
not more than 0.046 kg HAP per liter of solids applied for the 12-month 
compliance period; or
    (ii) The total mass of organic HAP emitted by the affected source 
was not more than 2 percent of the total mass of organic HAP applied by 
the affected source each month. You must determine the total mass of 
organic HAP applied by the affected source in each month of the 12-month 
compliance period using Equation 9 of this section.
    (h) Organic HAP emissions from intermittently-controllable or never-
controlled coil coating stations. If you have been expressly referenced 
to this paragraph by paragraphs (g)(1)(ii), (g)(2)(ii)(B), 
(g)(3)(iii)(B), or (g)(4)(ii)(B) of this section for calculation 
procedures to determine organic HAP emissions, you must for your 
intermittently-controllable or never-controlled work stations meet the 
requirements of paragraphs (h)(1) through (6) of this section:
    (1) Determine the sum of the mass of all solids-containing coating 
materials which are applied on intermittently-controllable work stations 
in bypass mode, and the mass of all solids-containing coating materials 
which are applied on never-controlled coil coating stations during each 
month of the 12-month compliance period, MBi.
    (2) Determine the sum of the mass of all solvents, thinners, 
reducers, diluents, and other nonsolids-containing coating materials 
which are applied on intermittently-controllable work stations in bypass 
mode, and the mass of all solvents, thinners, reducers, diluents and 
other nonsolids-containing coating materials which are applied on never-
controlled work stations during each month of the 12-month compliance 
period, MBj.

[[Page 1093]]

    (3) Determine the sum of the mass of all solids-containing coating 
materials which are applied on intermittently-controllable work stations 
in controlled mode, and the mass of all solids-containing coating 
materials which are applied on always-controlled work stations during 
each month of the 12-month compliance period, MCi.
    (4) Determine the sum of the mass of all solvents, thinners, 
reducers, diluents, and other nonsolids-containing coating materials 
which are applied on intermittently-controllable work stations in 
controlled mode, and the mass of all solvents, thinners, reducers, 
diluents, and other nonsolids-containing coating materials which are 
applied on always-controlled work stations during each month of the 12-
month compliance period, MCj.
    (5) Liquid-liquid material balance calculation of HAP emitted. For 
each work station or group of work stations for which you use the 
provisions of paragraph (g)(1)(ii) of this section, you must calculate 
the organic HAP emitted during the month using Equation 10 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR10JN02.011

Where:

He = total monthly organic HAP emitted, kg.
Mci = sum of the mass of solids-containing coating material, 
          i, applied on intermittently-controllable work stations 
          operating in controlled mode and the mass of solids-containing 
          coating material, i, applied on always-controlled work 
          stations, in a month, kg.
Chi = organic HAP content of coating material, i, expressed 
          as a weight-fraction, kg/kg.
Mcj = sum of the mass of solvent, thinner, reducer, diluent, 
          or other non-solids-containing coating material, j, applied on 
          intermittently-controllable work stations operating in 
          controlled mode and the mass of solvent, thinner, reducer, 
          diluent, or other non-solids-containing coating material, j, 
          applied on always-controlled work stations in a month, kg.
Chj = organic HAP content of solvent, j, expressed as a 
          weight fraction, kg/kg.
Mkvr = mass of volatile matter recovered in a month by 
          solvent recovery device, k, kg.
Cvi = volatile matter content of coating material, i, 
          expressed as a weight fraction, kg/kg.
MBi = sum of the mass of solids-containing coating material, 
          i, applied on intermittently-controllable work stations 
          operating in bypass mode and the mass of solids-containing 
          coating material, i, applied on never-controlled work 
          stations, in a month, kg.
MBj = sum of the mass of solvent, thinner, reducer, diluent, 
          or other non-solids-containing coating material, j, applied on 
          intermittently-controllable work stations operating in bypass 
          mode and the mass of solvent, thinner, reducer, diluent, or 
          other non-solids-containing coating material, j, applied on 
          never-controlled work stations, in a month, kg.
p = number of different coating materials applied in a month.
q = number of different solvents, thinners, reducers, diluents, or other 
          non-solids-containing coating materials applied in a month.
s = number of solvent recovery devices used to comply with the standard 
          of Sec. 63.5120 of this subpart, in the facility.

    (6) Control efficiency calculation of HAP emitted. For each work 
station or group of work stations for which you use the provisions of 
paragraphs (g)(2)(ii)(B), (g)(3)(iii)(B), or (g)(4)(ii)(B) of this 
section, you must calculate the organic HAP emitted during the month, 
He, using Equation 11 of this section:

[[Page 1094]]

[GRAPHIC] [TIFF OMITTED] TR25FE20.001

Where:

He = total monthly organic HAP emitted, kg.
Mci = sum of the mass of solids-containing coating material, 
          i, applied on intermittently-controllable work stations 
          operating in controlled mode and the mass of solids-containing 
          coating material, i, applied on always-controlled work 
          stations, in a month, kg.
Chi = organic HAP content of coating material, i, expressed 
          as a weight-fraction, kg/kg.
Mcj = sum of the mass of solvent, thinner, reducer, diluent, 
          or other non-solids-containing coating material, j, applied on 
          intermittently-controllable work stations operating in 
          controlled mode and the mass of solvent, thinner, reducer, 
          diluent, or other non-solids-containing coating material, j, 
          applied on always-controlled work stations in a month, kg.
Chj = organic HAP content of solvent, j, expressed as a 
          weight fraction, kg/kg.
DREk = organic volatile matter destruction or removal 
          efficiency of control device, k, percent.
CEA = organic volatile matter capture efficiency of the 
          capture system for work station, A, percent.
MBi = sum of the mass of solids-containing coating material, 
          i, applied on intermittently-controllable work stations 
          operating in bypass mode and the mass of solids-containing 
          coating material, i, applied on never-controlled work 
          stations, in a month, kg.
MBj = sum of the mass of solvent, thinner, reducer, diluent, 
          or other non-solids-containing coating material, j, applied on 
          intermittently-controllable work stations operating in bypass 
          mode and the mass of solvent, thinner, reducer, diluent, or 
          other non-solids-containing coating material, j, applied on 
          never-controlled work stations, in a month, kg.
wi = number of intermittently-controllable work stations in 
          the facility.
p = number of different coating materials applied in a month.
q = number of different solvents, thinners, reducers, diluents, or other 
          non-solids-containing coating materials applied in a month.

    (i) Capture and control system compliance demonstration procedures 
using a CPMS for a coil coating line. If you use an add-on control 
device, to demonstrate compliance for each capture system and each 
control device through performance tests and continuous monitoring of 
capture system and control device operating parameters, you must meet 
the requirements in paragraphs (i)(1) through (3) of this section.
    (1) Conduct performance tests according to the schedule in Table 1 
to Sec. 63.5160 to determine the control device destruction or removal 
efficiency, DRE, according to Sec. 63.5160(d) and Table 1 to Sec. 
63.5160.
    (2) Determine the emission capture efficiency, CE, in accordance 
with Sec. 63.5160(e).
    (3) Whenever a coil coating line is operated, continuously monitor 
the operating parameters established according to Sec. 63.5150(a)(3) 
and (4) to ensure capture and control efficiency.

[67 FR 39812, June 10, 2002, as amended at 85 FR 10864, Feb. 25, 2020]

                       Reporting and Recordkeeping



Sec. 63.5180  What reports must I submit?

    (a) Submit the reports specified in paragraphs (b) through (i) of 
this section to the EPA Regional Office that serves the State or 
territory in which the affected source is located and to the delegated 
State agency:
    (b) You must submit an initial notification required in Sec. 
63.9(b).
    (1) Submit an initial notification for an existing source no later 
than 2 years after June 10, 2002, or no later than 120 days after the 
source becomes subject to this subpart, whichever is later.
    (2) Submit an initial notification for a new or reconstructed source 
as required by Sec. 63.9(b).
    (3) For the purpose of this subpart, a title V permit application 
may be used in lieu of the initial notification required under Sec. 
63.9(b), provided the same information is contained in the permit 
application as required by Sec. 63.9(b), and the State to which the 
permit application has been submitted has an approved operating permit 
program under part 70 of this chapter and

[[Page 1095]]

has received delegation of authority from the EPA.
    (4) Submit a title V permit application used in lieu of the initial 
notification required under Sec. 63.9(b) by the same due dates as those 
specified in paragraphs (b)(1) and (2) of this section for the initial 
notifications.
    (c) You must submit a Notification of Performance Test as specified 
in Sec. Sec. 63.7 and 63.9(e) if you are complying with the emission 
standard using a control device. This notification and the site-specific 
test plan required under Sec. 63.7(c)(2) must identify the operating 
parameter to be monitored to ensure that the capture efficiency measured 
during the performance test is maintained. You may consider the 
operating parameter identified in the site-specific test plan to be 
approved unless explicitly disapproved, or unless comments received from 
the Administrator require monitoring of an alternate parameter.
    (d) You must submit a Notification of Compliance Status as specified 
in Sec. 63.9(h). You must submit the Notification of Compliance Status 
no later than 30 calendar days following the end of the initial 12-month 
compliance period described in Sec. 63.5130.
    (e) You must submit performance test reports as specified in Sec. 
63.10(d)(2) if you are using a control device to comply with the 
emission standards and you have not obtained a waiver from the 
performance test requirement.
    (f) Before August 24, 2020, you must submit start-up, shutdown, and 
malfunction reports as specified in Sec. 63.10(d)(5) if you use a 
control device to comply with this subpart.
    (1) Before August 24, 2020, if your actions during a start-up, 
shutdown, or malfunction of an affected source (including actions taken 
to correct a malfunction) are not completely consistent with the 
procedures specified in the source's start-up, shutdown, and malfunction 
plan specified in Sec. 63.6 (e)(3) and required before August 24, 2020, 
you must state such information in the report. The start-up, shutdown, 
or malfunction report will consist of a letter containing the name, 
title, and signature of the responsible official who is certifying its 
accuracy, that will be submitted to the Administrator. Separate start-
up, shutdown, or malfunction reports are not required if the information 
is included in the report specified in paragraph (g) of this section. 
The start-up, shutdown, and malfunction plan and start-up, shutdown, and 
malfunction report are no longer required on and after August 24, 2020.
    (2) [Reserved]
    (g) You must submit semi-annual compliance reports containing the 
information specified in paragraphs (g)(1) and (2) of this section.
    (1) Compliance report dates.
    (i) The first semiannual reporting period begins 1 day after the end 
of the initial compliance period described in Sec. 63.5130(d) that 
applies to your affected source and ends 6 months later.
    (ii) The first semiannual compliance report must cover the first 
semiannual reporting period and be postmarked or delivered no later than 
30 days after the reporting period ends.
    (iii) 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.
    (iv) 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.
    (v) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or part 71, and 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 (g)(1)(i) through (iv) of this section.
    (2) The semi-annual compliance report must contain the following 
information:
    (i) Company name and address.
    (ii) Statement by a responsible official with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.

[[Page 1096]]

    (iii) Date of report and beginning and ending dates of the reporting 
period. The reporting period is the 6-month period ending on June 30 or 
December 31. Note that the information reported for each of the 6 months 
in the reporting period will be based on the last 12 months of data 
prior to the date of each monthly calculation.
    (iv) Identification of the compliance option or options specified in 
Table 1 to Sec. 63.5170 that you used on each coating operation during 
the reporting period. If you switched between compliance options during 
the reporting period, you must report the beginning dates you used each 
option.
    (v) A statement that there were no deviations from the applicable 
emission limit in Sec. 63.5120 or the applicable operating limit(s) 
established according to Sec. 63.5121 during the reporting period, and 
that no CEMS were inoperative, inactive, malfunctioning, out-of-control, 
repaired, or adjusted.
    (h) You must submit, for each deviation occurring at an affected 
source where you are not using CEMS to comply with the standards in this 
subpart, the semi-annual compliance report containing the information in 
paragraphs (g)(2)(i) through (iv) of this section and the information in 
paragraphs (h)(1) through (4) of this section:
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Before August 24, 2020, you must provide information on the 
number, duration, and cause of deviations (including unknown cause, if 
applicable) as applicable, and the corrective action taken. On and after 
August 24, 2020, you must provide information on the number, date, time, 
duration, and cause of deviations from an emission limit in Sec. 
63.5120 or any applicable operating limit established according to Sec. 
63.5121 (including unknown cause, if applicable) as applicable, and the 
corrective action taken.
    (3) Before August 24, 2020, you must provide information on the 
number, duration, and cause for continuous parameter monitoring system 
downtime incidents (including unknown cause other than downtime 
associated with zero and span and other daily calibration checks, if 
applicable). On and after August 24, 2020, you must provide the 
information specified in paragraphs (h)(3)(i) and (ii) of this section.
    (i) Number, date, time, duration, cause (including unknown cause), 
and descriptions of corrective actions taken for continuous parameter 
monitoring systems that are inoperative (except for zero (low-level) and 
high-level checks).
    (ii) Number, date, time, duration, cause (including unknown cause), 
and descriptions of corrective actions taken for continuous parameter 
monitoring systems that are out of control as specified in Sec. 
63.8(c)(7).
    (4) On and after August 24, 2020, for each deviation from an 
emission limit in Sec. 63.5120 or any applicable operating limit 
established according to Sec. 63.5121, you must provide a list of the 
affected source or equipment, an estimate of the quantity of each 
regulated pollutant emitted over any emission limit in Sec. 63.5120, a 
description of the method used to estimate the emissions, and the 
actions you took to minimize emissions in accordance with Sec. 
63.5140(b).
    (i) You must submit, for each deviation from the applicable emission 
limit in Sec. 63.5120 or the applicable operation limit(s) established 
according to Sec. 63.5121 occurring at an affected source where you are 
using CEMS to comply with the standards in this subpart, the semi-annual 
compliance report containing the information in paragraphs (g)(2)(i) 
through (iv) of this section, and the information in paragraphs (i)(1) 
through (12) of this section:
    (1) The date and time that each malfunction of the capture system or 
add-on control devices started and stopped.
    (2) Before August 24, 2020, the date and time that each CEMS was 
inoperative, except for zero (low-level) and high-level checks. On and 
after August 24, 2020, for each instance that the CEMS was inoperative, 
except for zero (low-level) and high-level checks, the date, time, and 
duration that the CEMS was inoperative; the cause (including unknown 
cause) for the CEMS being inoperative; and a description of corrective 
actions taken.
    (3) Before August 24, 2020, the date and time that each CEMS was 
out-of-control, including the information in Sec. 63.8(c)(8). On and 
after August 24, 2020,

[[Page 1097]]

for each instance that the CEMS was out-of-control, as specified in 
Sec. 63.8(c)(7), the date, time, and duration that the CEMS was out-of-
control; the cause (including unknown cause) for the CEMS being out-of-
control; and descriptions of corrective actions taken.
    (4) Before August 24, 2020, the date and time that each deviation 
started and stopped, and whether each deviation occurred during a period 
of start-up, shutdown, or malfunction or during another period. On and 
after August 24, 2020, the date, time, and duration of each deviation 
from an emission limit in Sec. 63.5120. For each deviation, an estimate 
of the quantity of each regulated pollutant emitted over any emission 
limit in Sec. 63.5120 to this subpart, and a description of the method 
used to estimate the emissions.
    (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 August 24, 2020, a breakdown of the total duration of the 
deviations during the reporting period into those that are due to start-
up, shutdown, control equipment problems, process problems, other known 
causes, and other unknown causes. On and after August 24, 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 CEMS downtime during the 
reporting period, and the total duration of CEMS downtime as a percent 
of the total source operating time during that reporting period.
    (8) A breakdown of the total duration of CEMS downtime during the 
reporting period into periods that are due to monitoring equipment 
malfunctions, nonmonitoring equipment malfunctions, quality assurance/
quality control calibrations, other known causes, and other unknown 
causes.
    (9) Before August 24, 2020, a brief description of the metal coil 
coating line. On and after August 24, 2020, a list of the affected 
source or equipment, including a brief description of the metal coil 
coating line.
    (10) The monitoring equipment manufacturer(s) and model number(s).
    (11) The date of the latest CEMS certification or audit.
    (12) A description of any changes in CEMS, processes, or controls 
since the last reporting period.

[67 FR 39812, June 10, 2002, as amended at 68 FR 12592, Mar. 17, 2003; 
85 FR 10865, Feb. 25, 2020; 85 FR 73908, Nov. 19, 2020]



Sec. 63.5181  What are my electronic reporting requirements?

    (a) Beginning no later than August 24, 2020, you must submit the 
results of each performance test as required in Sec. 63.5180(e) 
following the procedure specified in paragraphs (a)(1) through (3) 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). The CEDRI interface 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.
    (2) For 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, you must submit the results of the performance test in portable 
document format (PDF) using the attachment module of the ERT.
    (3) If you claim that some of the performance test information being 
submitted under paragraph (a)(1) of this section 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

[[Page 1098]]

to be CBI, on a compact disc, flash drive or other commonly used 
electronic storage medium to the EPA. The electronic medium must be 
clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI 
omitted must be submitted to the EPA via the EPA's CDX as described in 
paragraph (a)(1) of this section.
    (b) Beginning on August 24, 2020, the owner or operator shall submit 
the initial notifications required in Sec. 63.9(b) and the notification 
of compliance status required in Sec. Sec. 63.9(h) and 63.5180(d) to 
the EPA via the CEDRI. The CEDRI interface can be accessed through the 
EPA's CDX (https://cdx.epa.gov). The owner or operator must upload to 
CEDRI an electronic copy of each applicable notification in PDF. The 
applicable notification must be submitted by the deadline specified in 
this subpart, regardless of the method in which the reports are 
submitted. Owners or operators who claim that some of the information 
required to be submitted via CEDRI is CBI shall submit a complete report 
generated using the appropriate form in CEDRI or an alternate electronic 
file consistent with the XML schema listed on the EPA's CEDRI website, 
including information claimed to be CBI, on a compact disc, flash drive, 
or other commonly used electronic storage medium to the EPA. The 
electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted shall be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph.
    (c) Beginning on March 25, 2021, or once the reporting template has 
been available on the CEDRI website for 1 year, whichever date is later, 
the owner or operator shall submit the semiannual compliance report 
required in Sec. 63.5180(g) through (i), as applicable, to the EPA via 
the CEDRI. The CEDRI interface can be accessed through the EPA's CDX 
(https://cdx.epa.gov). The owner or operator must use the appropriate 
electronic template on the CEDRI website for this subpart (https://
www.epa.gov/electronic- reporting-air-emissions/compliance- and-
emissions-data-reporting- interface-cedri). The date on which the report 
templates become available will be listed on the CEDRI website. If the 
reporting form for the semiannual compliance report 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 
addresses listed in Sec. 63.13. Once the form has been available in 
CEDRI for 1 year, you must begin submitting all subsequent reports via 
CEDRI. The reports must be submitted by the deadlines specified in this 
subpart, regardless of the method in which the reports are submitted. 
Owners or operators who claim that some of the information required to 
be submitted via CEDRI is CBI shall submit a complete report generated 
using the appropriate form in CEDRI, including information claimed to be 
CBI, on a compact disc, flash drive, or other commonly used electronic 
storage medium to the EPA. The electronic medium shall be clearly marked 
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted shall be submitted to the 
EPA via the EPA's CDX as described earlier in this paragraph.
    (d) If you are required to electronically submit a report through 
the 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.

[[Page 1099]]

    (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 the 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.
    (e) 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 (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.

[85 FR 10866, Feb. 25, 2020]



Sec. 63.5190  What records must I maintain?

    (a) You must maintain the records specified in paragraphs (a) and 
(b) of this section in accordance with Sec. 63.10(b)(1):
    (1) Records of the coating lines on which you used each compliance 
option and the time periods (beginning and ending dates and times) you 
used each option.
    (2) Records specified in Sec. 63.10(b)(2) of all measurements 
needed to demonstrate compliance with this subpart, including:
    (i) Continuous emission monitor data in accordance with Sec. 
63.5150(a)(2);
    (ii) Control device and capture system operating parameter data in 
accordance with Sec. 63.5150(a)(1), (3), and (4);
    (iii) Organic HAP content data for the purpose of demonstrating 
compliance in accordance with Sec. 63.5160(b);

[[Page 1100]]

    (iv) Volatile matter and solids content data for the purpose of 
demonstrating compliance in accordance with Sec. 63.5160(c);
    (v) Overall control efficiency determination or alternative outlet 
HAP concentration using capture efficiency tests and control device 
destruction or removal efficiency tests in accordance with Sec. 
63.5160(d), (e), and (f); and
    (vi) Material usage, HAP usage, volatile matter usage, and solids 
usage and compliance demonstrations using these data in accordance with 
Sec. 63.5170(a), (b), and (d);
    (3) Records specified in Sec. 63.10(b)(3); and
    (4) Additional records specified in Sec. 63.10(c) for each 
continuous monitoring system operated by the owner or operator in 
accordance with Sec. 63.5150(a)(2).
    (5) On and after August 24, 2020, for each deviation from an 
emission limitation reported under Sec. 63.5180(h) or (i), a record of 
the information specified in paragraphs (a)(5)(i) through (iv) of this 
section, as applicable.
    (i) The date, time, and duration of the deviation, as reported under 
Sec. 63.5180(h) and (i).
    (ii) A list of the affected sources or equipment for which the 
deviation occurred and the cause of the deviation, as reported under 
Sec. 63.5180(h) and (i).
    (iii) An estimate of the quantity of each regulated pollutant 
emitted over any applicable emission limit in Sec. 63.5120 to this 
subpart or any applicable operating limit established according to Sec. 
63.5121 to this subpart, and a description of the method used to 
calculate the estimate, as reported under Sec. 63.5180(h) and (i).
    (iv) A record of actions taken to minimize emissions in accordance 
with Sec. 63.5140(b) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (b) Maintain records of all liquid-liquid material balances that are 
performed in accordance with the requirements of Sec. 63.5170.
    (c) Any records required to be maintained by this subpart that are 
in reports that were 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.

[67 FR 39812, June 10, 2002, as amended at 85 FR 10867, Feb. 25, 2020]

                         Delegation of Authority



Sec. 63.5200  What authorities may be delegated to the States?

    (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 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 section 40 CFR part 
63, subpart E, the authorities contained in paragraph (c) of this 
section are retained by the EPA Administrator and not transferred to the 
State, local, or tribal agency.
    (c) Authority which will not be delegated to States, local, or 
tribal agencies:
    (1) Approval of alternatives to the emission limitations in Sec. 
63.5120;
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.5160;
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.5150; and
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. Sec. 63.5180 and 63.5190.



Sec. Sec. 63.5201-63.5209  [Reserved]

[[Page 1101]]



 Sec. Table 1 to Subpart SSSS of Part 63--Operating Limits if Using Add-
                  on Control Devices and Capture System

    If you are required to comply with operating limits by Sec. 
63.5121, you must comply with the applicable operating limits in the 
following table:

------------------------------------------------------------------------
                                                         And you must
                                   You must meet the      demonstrate
                                       following          continuous
 For the following device . . .    operating limit .    compliance with
                                          . .            the operating
                                                        limit by . . .
------------------------------------------------------------------------
1. thermal oxidizer.............  a. the average      i. collecting the
                                   combustion          combustion
                                   temperature in      temperature data
                                   any 3-hour period   according to Sec.
                                   must not fall         63.5150(a)(3);
                                   below the          ii. reducing the
                                   combustion          data to 3-hour
                                   temperature limit   block averages;
                                   established         and
                                   according to Sec. iii. maintaining
                                                       the 3-hour
                                   63.5160(d)(3)(i).   average
                                                       combustion
                                                       temperature at or
                                                       above the
                                                       temperature
                                                       limit.
2. catalytic oxidizer...........  a. the average      i. collecting the
                                   temperature         temperature data
                                   measured just       according to Sec.
                                   before the            63.5150(a)(3);
                                   catalyst bed in    ii. reducing the
                                   any 3-hour period   data to 3-hour
                                   must not fall       block averages;
                                   below the limit     and
                                   established        iii. maintaining
                                   according to Sec. the 3-hour
                                                       average
                                   63.5160(d)(3)(ii)   temperature
                                   ; and either        before the
                                                       catalyst bed at
                                                       or above the
                                                       temperature
                                                       limit.
                                  b. ensure that the  i. collecting the
                                   average             temperature data
                                   temperature         according to Sec.
                                   difference across     63.5150(a)(3);
                                   the catalyst bed   ii. reducing the
                                   in any 3-hour       data to 3-hour
                                   period does not     block averages;
                                   fall below the      and
                                   temperature        iii. maintaining
                                   difference limit    the 3-hour
                                   established         average
                                   according to Sec. temperature
                                                       difference at or
                                   63.5160(d)(3)(ii)   above the
                                   ; or                temperature
                                                       difference limit.
                                  c. develop and      maintaining an up-
                                   implement an        to-date
                                   inspection and      inspection and
                                   maintenance plan    maintenance plan,
                                   according to Sec. records of annual
                                                       catalyst activity
                                   63.5160(d)(3)(ii).  checks, records
                                                       of monthly
                                                       inspections of
                                                       the oxidizer
                                                       system, and
                                                       records of the
                                                       annual internal
                                                       inspections of
                                                       the catalyst bed.
                                                       If a problem is
                                                       discovered during
                                                       a monthly or
                                                       annual inspection
                                                       required by Sec.
                                                        63.5160(d)(3)(ii
                                                       ), you must take
                                                       corrective action
                                                       as soon as
                                                       practicable
                                                       consistent with
                                                       the
                                                       manufacturer's
                                                       recommendations.
3. emission capture system......  develop a           conducting
                                   monitoring plan     monitoring
                                   that identifies     according to the
                                   operating           plan Sec.
                                   parameter to be     63.5150(a)(4).
                                   monitored and
                                   specifies
                                   operating limits
                                   according to Sec.
                                     63.5150(a)(4).
------------------------------------------------------------------------



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

    You must comply with the applicable General Provisions requirements 
according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
     General provisions reference              Subject                    SSSS                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(4)................  General Applicability..  Yes....................
Sec. 63.1(a)(6)....................  Source Category Listing  Yes....................
Sec. 63.1(a)(10)-(12)..............  Timing and Overlap       Yes....................
                                        Clarifications.
Sec. 63.1(b)(1)....................  Initial Applicability    Yes....................  Applicability to
                                        Determination.                                    Subpart SSSS is also
                                                                                          specified in Sec.
                                                                                          63.5090.
Sec. 63.1(b)(3)....................  Applicability            Yes....................
                                        Determination
                                        Recordkeeping.
Sec. 63.1(c)(1)....................  Applicability after      Yes....................
                                        Standard Established.
Sec. 63.1(c)(2)....................  Applicability of Permit  Yes....................
                                        Program for Area
                                        Sources.
Sec. 63.1(c)(5)....................  Extensions and           Yes....................
                                        Notifications.
Sec. 63.1(c)(6)....................  Yes....................
Sec. 63.1(e).......................  Applicability of Permit  Yes....................
                                        Program Before
                                        Relevant Standard is
                                        Set.
Sec. 63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                          are specified in Sec.
                                                                                           63.5110.

[[Page 1102]]

 
Sec. 63.3..........................  Units and Abbreviations  Yes....................
Sec. 63.4(a)(1)-(2)................  Prohibited Activities..  Yes....................
Sec. 63.4(b)-(c)...................  Circumvention/           Yes....................
                                        Fragmentation.
Sec. 63.5(a).......................  Construction/            Yes....................
                                        Reconstruction.
Sec. 63.5(b)(1), (3), (4), (6).....  Requirements for         Yes....................
                                        Existing, Newly
                                        Constructed, and
                                        Reconstructed Sources.
Sec. 63.5(d)(1)(i)-(ii)(F),          Application for          Yes....................  Only total HAP
 (d)(1)(ii)(H), (d)(1)(ii)(J),          Approval of                                       emissions in terms of
 (d)(1)(iii), (d)(2)-(4).               Construction/                                     tons per year are
                                        Reconstruction.                                   required for Sec.
                                                                                          63.5(d)(1)(ii)(H).
Sec. 63.5(e).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction.
Sec. 63.5(f).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction Based
                                        on Prior State Review.
Sec. 63.6(a).......................  Compliance with          Yes....................
                                        Standards and
                                        Maintenance
                                        Requirements-
                                        Applicability.
Sec. 63.6(b)(1)-(5), (b)(7)........  Compliance Dates for     Yes....................  Section 63.5130
                                        New and Reconstructed                             specifies the
                                        Sources.                                          compliance dates.
Sec. 63.6(c)(1), (2), (5)..........  Compliance Dates for     Yes....................  Section 63.5130
                                        Existing Sources.                                 specifies the
                                                                                          compliance dates.
Sec. 63.6(e)(1)(i)-(ii)............  General Duty to          Yes before August 24,    See Sec. 63.5140(b)
                                        Minimize Emissions and   2020, No on and after    for general duty
                                        Requirement to Correct   August 24, 2020.         requirement.
                                        Malfunctions As Soon
                                        As Possible.
Sec. 63.6(e)(1)(iii)...............  Operation and            Yes....................
                                        Maintenance
                                        Requirements.
Sec. 63.6(e)(3)(i), (e)(3)(iii)-     SSMP Requirements......  Yes before August 24,
 (ix).                                                           2020, No on and after
                                                                 August 24, 2020.
Sec. 63.6(f)(1)....................  SSM Exemption..........  Yes before August 24,    See Sec. 63.5140(b)
                                                                 2020, No on and after    for general duty
                                                                 August 24, 2020.         requirement.
Sec. 63.6(f)(2)-(3)................  Compliance with Non-     Yes....................
                                        Opacity Emission
                                        Standards.
Sec. 63.6(g).......................  Alternative Non-Opacity  Yes....................
                                        Emission Standard.
Sec. 63.6(h).......................  Compliance with Opacity/ No.....................  Subpart SSSS does not
                                        Visible Emission                                  establish opacity
                                        Standards.                                        standards or visible
                                                                                          emission standards.
Sec. 63.6(i)(1)-(14), (i)(16)......  Extension of Compliance  Yes....................
                                        and Administrator's
                                        Authority.
Sec. 63.6(j).......................  Presidential Compliance  Yes....................
                                        Exemption.
Sec. 63.7(a)-(d) except (a)(2)(i)-   Performance Test         Yes....................
 (viii).                                Requirements.
Sec. 63.7(e)(1)....................  Performance Testing....  Yes before August 24,    See Sec.
                                                                 2020, No on and after    63.5160(d)(2).
                                                                 August 24, 2020.
Sec. 63.7(e)(2)-(4)................  Conduct of Performance   Yes....................
                                        Tests.
Sec. 63.7(f).......................  Alternative Test Method  Yes....................  EPA retains approval
                                                                                          authority.
Sec. 63.7(g)-(h)...................  Data Analysis and        Yes....................
                                        Waiver of Tests.
Sec. 63.8(a)(1)-(2)................  Monitoring               Yes....................  Additional requirements
                                        Requirements--Applicab                            for monitoring are
                                        ility.                                            specified in Sec.
                                                                                          63.5150(a).
Sec. 63.8(a)(4)....................  Additional Monitoring    No.....................  Subpart SSSS does not
                                        Requirements.                                     have monitoring
                                                                                          requirements for
                                                                                          flares.
Sec. 63.8(b).......................  Conduct of Monitoring..  Yes....................
Sec. 63.8(c)(1)....................  Operation and            Yes before August 24,    Section 63.5150(a)
                                        Maintenance of           2020, No on and after    specifies the
                                        Continuous Monitoring    August 24, 2020.         requirements for the
                                        System (CMS).                                     operation of CMS for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.

[[Page 1103]]

 
Sec. 63.8(c)(2)-(3)................  CMS Operation and        Yes....................  Applies only to
                                        Maintenance.                                      monitoring of capture
                                                                                          system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Additional
                                                                                          requirements for CMS
                                                                                          operations and
                                                                                          maintenance are
                                                                                          specified in Sec.
                                                                                          63.5170.
Sec. 63.8(c)(4)-(5)................  CMS Continuous           No.....................  Subpart SSSS does not
                                        Operation Procedures.                             require COMS.
Sec. 63.8(c)(6)-(8)................  CMS Requirements.......  Yes....................  Provisions only apply
                                                                                          if CEMS are used.
Sec. 63.8(d)-(e)...................  CMS Quality Control,     Yes....................  Provisions only apply
                                        Written Procedures,                               if CEMS are used.
                                        and Performance
                                        Evaluation.
Sec. 63.8(f)(1)-(5)................  Use of an Alternative    Yes....................  EPA retains approval
                                        Monitoring Method.                                authority.
Sec. 63.8(f)(6)....................  Alternative to Relative  No.....................  Section 63.8(f)(6)
                                        Accuracy Test.                                    provisions are not
                                                                                          applicable because
                                                                                          subpart SSSS does not
                                                                                          require CEMS.
Sec. 63.8(g).......................  Data Reduction.........  No.....................  Sections 63.5170,
                                                                                          63.5140, 63.5150, and
                                                                                          63.5150 specify
                                                                                          monitoring data
                                                                                          reduction.
Sec. 63.9(a).......................  Notification of          Yes....................
                                        Applicability.
Sec. 63.9(b)(1)....................  Initial Notifications..  Yes....................
Sec. 63.9(b)(2)....................  Initial Notifications..  Yes....................  With the exception that
                                                                                          Sec. 63.5180(b)(1)
                                                                                          provides 2 years after
                                                                                          the proposal date for
                                                                                          submittal of the
                                                                                          initial notification
                                                                                          for existing sources.
Sec. 63.9(b)(4)(i), (b)(4)(v),       Application for          Yes....................
 (b)(5).                                Approval of
                                        Construction or
                                        Reconstruction.
Sec. 63.9(c)-(e)...................  Request for Extension    Yes....................  Notification of
                                        of Compliance, New                                performance test
                                        Source Notification                               requirement applies
                                        for Special Compliance                            only to capture system
                                        Requirements, and                                 and add-on control
                                        Notification of                                   device performance
                                        Performance Test.                                 tests at sources using
                                                                                          these to comply with
                                                                                          the standards.
Sec. 63.9(f).......................  Notification of Visible  No.....................  Subpart SSSS does not
                                        Emissions/Opacity Test.                           require opacity and
                                                                                          visible emissions
                                                                                          observations.
Sec. 63.9(g).......................  Additional               No.....................  Provisions for COMS are
                                        Notifications When                                not applicable.
                                        Using CMS.
Sec. 63.9(h)(1)-(3)................  Notification of          Yes....................  Section 63.5130
                                        Compliance Status.                                specifies the dates
                                                                                          for submitting the
                                                                                          notification of
                                                                                          compliance status.
Sec. 63.9(h)(5)-(6)................  Clarifications.........  Yes....................
Sec. 63.9(i).......................  Adjustment of Submittal  Yes....................
                                        Deadlines.
Sec. 63.9(j).......................  Change in Previous       Yes....................
                                        Information.
Sec. 63.9(k).......................  Yes....................  Only as specified in
                                                                 Sec. 63.9(j).
Sec. 63.10(a)......................  Recordkeeping/           Yes....................
                                        Reporting--Applicabili
                                        ty and General
                                        Information.
Sec. 63.10(b)(1)...................  General Recordkeeping    Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                           63.5190.
Sec. 63.10(b)(2)(i)-(ii)...........  Recordkeeping of         Yes before August 24,    See Sec.
                                        Occurrence and           2020, No on and after    63.5190(a)(5).
                                        Duration of Startups     August 24, 2020.
                                        and Shutdowns and
                                        Recordkeeping of
                                        Failures to Meet
                                        Standards.
Sec. 63.10(b)(2)(iii)..............  Maintenance Records....  Yes....................
Sec. 63.10(b)(2)(iv)-(v)...........  Actions Taken to         Yes before August 24,    See Sec.
                                        Minimize Emissions       2020, No on and after    63.5190(a)(5).
                                        During Startup,          August 24, 2020.
                                        Shutdown, and
                                        Malfunction.

[[Page 1104]]

 
Sec. 63.10(b)(2)(vi)...............  Recordkeeping for CMS    Yes before August 24,    See Sec.
                                        Malfunctions.            2020, No on and after    63.5190(a)(5).
                                                                 August 24, 2020.
Sec. 63.10(b)(2)(vii)-(xiv)........  Other CMS Requirements.  Yes....................
Sec. 63.10(b)(3)...................  Recordkeeping            Yes....................
                                        Requirements for
                                        Applicability
                                        Determinations.
Sec. 63.10(c)......................  Additional CMS           No.....................  See Sec.
                                        Recordkeeping                                     63.5190(a)(5).
                                        Requirements.
Sec. 63.10(d)(1)-(2)...............  General Reporting        Yes....................  Additional requirements
                                        Requirements and                                  are specified in Sec.
                                        Report of Performance                              63.5180(e).
                                        Test Results.
Sec. 63.10(d)(3)...................  Reporting Opacity or     No.....................  Subpart SSSS does not
                                        Visible Emissions                                 require opacity and
                                        Observations.                                     visible emissions
                                                                                          observations.
Sec. 63.10(d)(4)...................  Progress Reports for     Yes....................
                                        Sources with
                                        Compliance Extensions.
Sec. 63.10(d)(5)...................  Startup, Shutdown,       Yes before August 24,
                                        Malfunction Reports.     2020, No on and after
                                                                 August 24, 2020.
Sec. 63.10(e)......................  Additional Reporting     No.....................
                                        Requirements for
                                        Sources with CMS.
Sec. 63.10(f)......................  Recordkeeping/Reporting  Yes....................
                                        Waiver.
Sec. 63.11.........................  Control Device           No.....................  Subpart SSSS does not
                                        Requirements/Flares.                              specify use of flares
                                                                                          for compliance.
Sec. 63.12.........................  State Authority and      Yes....................
                                        Delegations.
Sec. 63.13(a)......................  Addresses..............  Yes before August 24,
                                                                 2020, No on and after
                                                                 August 24, 2020.
Sec. 63.13(b)......................  Submittal to State       Yes....................
                                        Agencies.
Sec. 63.13(c)......................  Submittal to State       Yes before August 24,
                                        Agencies.                2020, No unless the
                                                                 state requires the
                                                                 submittal via CEDRI,
                                                                 on and after August
                                                                 24, 2020.
Sec. 63.14.........................  Incorporation by         Yes....................  Subpart SSSS includes
                                        Reference.                                        provisions for
                                                                                          alternative ASTM and
                                                                                          ASME test methods that
                                                                                          are incorporated by
                                                                                          reference.
Sec. 63.15.........................  Availability of          Yes....................
                                        Information/
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------


[85 FR 10868, Feb. 25, 2020, as amended at 85 FR 73908, Nov. 19, 2020]



     Sec. Table 3 to Subpart SSSS 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

[[Page 1105]]

 
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
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 10870, Feb. 25, 2020]



 Subpart TTTT_National Emission Standards for Hazardous Air Pollutants 
                    for Leather Finishing Operations

    Source: 67 FR 9162, Feb. 27, 2002, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.5280  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for leather finishing operations. These 
standards limit HAP emissions from specified leather finishing 
operations. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with the emission standards.



Sec. 63.5285  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a leather 
finishing operation 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. A leather finishing operation is defined in Sec. 
63.5460. In general, a leather finishing operation is a single process 
or group of processes used to adjust and improve the physical and 
aesthetic characteristics of the leather surface through multistage 
application of a coating comprised of dyes, pigments, film-forming 
materials, and performance modifiers dissolved or suspended in liquid 
carriers.
    (b) You are a major source of HAP emissions if you own or operate 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.
    (c) You are not subject to this subpart if your source finishes 
leather solely for the purpose of research and development.



Sec. 63.5290  What parts of my facility does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source at leather finishing operations.
    (b) The affected source subject to this subpart is the collection of 
all equipment and activities used for the multistage application of 
finishing materials to adjust and improve the physical and aesthetic 
characteristics of the leather surface. This subpart applies to the 
leather finishing operations listed in paragraphs (b)(1) through (4) of 
this section and as defined in Sec. 63.5460, whether or not the 
operations are collocated with leather tanning operations:

[[Page 1106]]

    (1) Upholstery leather with greater than or equal to 4 grams finish 
add-on per square foot of leather;
    (2) Upholstery leather with less than 4 grams finish add-on per 
square foot of leather;
    (3) Water-resistant/specialty leather; and
    (4) Nonwater-resistant leather.
    (c) An affected source does not include portions of your leather 
finishing operation that are listed in paragraphs (c)(1) and (2) of this 
section:
    (1) Equipment used solely with leather tanning operations; and
    (2) That portion of your leather finishing operation using a solvent 
degreasing process, such as in the manufacture of leather chamois, that 
is already subject to the Halogenated Solvent Cleaning NESHAP (40 CFR 
part 63, subpart T).
    (d) An affected source is a new affected source if you commenced 
construction of the affected source on or after October 2, 2000, and you 
meet the applicability criteria at the time you commenced 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. 63.5295  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 startup your affected source before February 27, 2002, 
then you must comply with the emission standards for new and 
reconstructed sources in this subpart no later than February 27, 2002.
    (2) If you startup your affected source after February 27, 2002, 
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 February 28, 
2005.
    (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) An area source that meets the criteria of a new affected source, 
as specified at Sec. 63.5290(d), or a reconstructed affected source, as 
specified at Sec. 63.5290(e), must be in compliance with this subpart 
upon becoming a major source.
    (2) An area source that meets the criteria of an existing affected 
source, as specified at Sec. 63.5290(f), must be in compliance with 
this subpart no later than 3 years after it becomes a major source.
    (d) You must meet the notification requirements in Sec. 63.5415 and 
in subpart A of this part. Some of the notifications must be submitted 
before you are required to comply with the emission standards in this 
subpart.

                                Standards



Sec. 63.5305  What emission standards must I meet?

    The emission standards limit the number of pounds of HAP lost per 
square foot of leather processed. You must meet each emission limit in 
Table 1 of this subpart that applies to you.

                         Compliance Requirements



Sec. 63.5320  How does my affected major source comply with the HAP emission standards?

    (a) All affected sources must be in compliance with the requirements 
of this subpart at all times.
    (b) At all times, the owner or operator must operate and maintain 
any affected source, including associated air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. The 
general duty to minimize emissions does not require the owner or 
operator to make any further efforts to reduce emissions if levels 
required by the applicable standard have been achieved. Determination of

[[Page 1107]]

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) You must perform all of the items listed in paragraphs (c)(1) 
through (10) of this section:
    (1) Submit the necessary notifications in accordance with Sec. 
63.5415.
    (2) Develop and implement a plan for demonstrating compliance in 
accordance with Sec. 63.5325.
    (3) Submit the necessary reports in accordance with Sec. 63.5420.
    (4) Keep a finish inventory log, as specified at Sec. 63.5335(b), 
to record monthly the pounds of each type of finish applied for each 
leather product process operation and the mass fraction of HAP in each 
applied finish. You may be required to start recordkeeping prior to the 
compliance dates specified at Sec. 63.5295.
    (5) Keep an inventory log, as specified at Sec. 63.5430(f), to 
record monthly the surface area of leather processed in 1,000's of 
square feet for each product process operation. You may be required to 
start recordkeeping prior to the compliance dates specified at Sec. 
63.5295.
    (6) Determine the actual HAP loss from your affected source in 
accordance with Sec. 63.5335.
    (7) Determine the allowable HAP loss for your affected source in 
accordance with Sec. 63.5340.
    (8) Determine the compliance ratio for your affected source each 
month as specified at Sec. 63.5330. The compliance ratio compares your 
actual HAP loss to your allowable HAP loss for the previous 12 months.
    (9) Maintain the compliance ratio for your affected source at or 
below 1.00 in accordance with Sec. 63.5330.
    (10) Maintain all the necessary records you have used to demonstrate 
compliance with this subpart in accordance with Sec. 63.5430.

[67 FR 9162, Feb. 27, 2002, as amended at 84 FR 3320, Feb. 12, 2019]



Sec. 63.5325  What is a plan for demonstrating compliance and 
when must I have one in place?

    (a) You must develop and implement a written plan for demonstrating 
compliance that provides the detailed procedures you will follow to 
monitor and record data necessary for demonstrating compliance with this 
subpart. Procedures followed for quantifying HAP loss from the source 
and amount of leather processed vary from source to source because of 
site-specific factors such as equipment design characteristics and 
operating conditions. Typical procedures include one or more accurate 
measurement methods such as weigh scales and volumetric displacement. 
Because the industry does not have a uniform set of procedures, you must 
develop and implement your own site-specific plan for demonstrating 
compliance not later than the compliance date for your source. You must 
also incorporate the plan for demonstrating compliance by reference in 
the source's title V permit. The plan for demonstrating compliance must 
include the items listed in paragraphs (a)(1) through (7) of this 
section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the leather finishing operation.
    (3) Provide a detailed description of all methods of measurement 
your source will use to determine your finish usage, HAP content of each 
finish, quantity of leather processed, and leather product process 
operation type.
    (4) Specify when each measurement will be made.
    (5) Provide examples of each calculation you will use to determine 
your compliance status. Include examples of how you will convert data 
measured with one parameter to other terms for use in compliance 
determination.
    (6) Provide example logs of how data will be recorded.
    (7) Provide a quality assurance/quality control plan to ensure that 
the data continue to meet compliance demonstration needs.
    (b) You may be required to revise your plan for demonstrating 
compliance. We may require reasonable revisions if the procedures lack 
detail, are

[[Page 1108]]

inconsistent, or do not accurately determine finish usage, HAP content 
of each finish, quantity of leather processed, or leather product 
process operation type.



Sec. 63.5330  How do I determine the compliance ratio?

    (a) When your source has processed leather for 12 months, you must 
determine the compliance ratio for your affected source by the fifteenth 
of each month for the previous 12 months.
    (b) You must determine the compliance ratio using Equation 1 of this 
section as follows:
[GRAPHIC] [TIFF OMITTED] TR27FE02.003

Where:

Actual HAP Loss = Pounds of actual HAP loss for the previous 12 months, 
          as determined in Sec. 63.5335.
Allowable HAP Loss = Pounds of allowable HAP loss for the previous 12 
          months, as determined in Sec. 63.5340.

    (1) If the value of the compliance ratio is less than or equal to 
1.00, your affected source was in compliance with the applicable HAP 
emission limits of this subpart for the previous month.
    (2) If the value of the compliance ratio is greater than 1.00, your 
affected source was deviating from compliance with the applicable HAP 
emission limits of this subpart for the previous month.



Sec. 63.5335  How do I determine the actual HAP loss?

    (a) This section describes the information and procedures you must 
use to determine the actual HAP loss from your leather finishing 
operation. By the fifteenth of each month, you must determine the actual 
HAP loss in pounds from your leather finishing operation for the 
previous month.
    (b) Use one of the procedures listed in either paragraph (b)(1) or 
(b)(2) of this section for determining the actual HAP loss from your 
affected sources. Regardless of which procedure is used to determine HAP 
loss, each source is still required to maintain a written or printed log 
that documents the total quantity of solvents/finishes used each month 
in the process and the mass fraction of HAP in each solvent/finish.
    (1) Measure Finish as Applied. Use a finish inventory log to record 
the pounds of each type of finish applied for each leather product 
process operation and the mass fraction of HAP in each applied finish. 
Figure 1 of this subpart shows an example log for recording the minimum 
information necessary to determine your finish usage and HAP loss. The 
finish inventory log must contain, at a minimum, the information for 
each type of finish applied listed in paragraphs (b)(1)(i) through (vii) 
of this section:
    (i) Finish type;
    (ii) Pounds (or density and volume) of each finish applied to the 
leather;
    (iii) Mass fraction of HAP in each applied finish;
    (iv) Date of the recorded entry;
    (v) Time of the recorded entry;
    (vi) Name of the person recording the entry;
    (vii) Product process operation type.
    (2) Chemical Inventory Mass Balance. Determine the actual monthly 
HAP loss from your affected source through mass balance calculations. 
You must follow your detailed mass balance procedures and calculations 
in your plan for demonstrating compliance in accordance with Sec. 
63.5325. The HAP mass balance must be based on a detailed inventory of 
stored chemicals at the beginning and end of each month, and business 
purchasing records to indicate additions to the inventory of chemical 
supplies. The net loss of chemicals used for finish applications is 
determined by subtracting the end of the month

[[Page 1109]]

chemical inventory from the beginning of the month chemical inventory 
and adding the quantities of all chemicals purchased during the same 1-
month period. In situations when an excess amount of finish is 
formulated, you must have documented procedures on how the excess amount 
is accounted for in the mass balance.
    (c) To determine the pounds of HAP loss for the previous month, you 
must first determine the pounds of HAP loss from each finish application 
according to paragraph (c)(1) or (2) of this section.
    (1) For facilities not using add-on emission control devices, the 
entire HAP content of the finishes are assumed to be released to the 
environment. Using the finish inventory log, multiply the pounds of each 
recorded finish usage by the corresponding mass fraction of HAP in the 
finish. The result is the HAP loss in pounds from each finish 
application. Sum the pounds of HAP loss from all finish applications 
recorded during the previous month to determine the total monthly HAP 
loss in pounds from your finishing operation.
    (2) For facilities using add-on emission control devices, the finish 
inventory log and the emission reduction efficiency of the add-on 
capture and control devices can be used to determine the net HAP loss in 
pounds. The emission reduction efficiency for a control device must be 
determined from a performance test conducted in accordance with 
Sec. Sec. 63.5375 and 63.5380. Using the finish inventory log, multiply 
the pounds of each recorded finish usage by the corresponding mass 
fraction of HAP in the finish. The result is the gross HAP loss in 
pounds from each finish application prior to the add-on control device. 
Multiply the gross HAP loss by the percent emission reduction achieved 
by the add-on control device and then subtract this amount from the 
gross HAP loss. The result is the net HAP loss in pounds from each 
finish application. Sum the pounds of net HAP loss from all finish 
applications recorded during the previous month to determine the total 
monthly net HAP loss in pounds from your finishing operation.
    (d) After collecting HAP loss data for 12 months, you must also 
determine by the fifteenth of each month the annual HAP loss in pounds 
by summing the monthly HAP losses for the previous 12 months. The annual 
HAP loss is the ``actual HAP loss,'' which is used in Equation 1 of 
Sec. 63.5330 to calculate your compliance ratio, as described in Sec. 
63.5330.

[67 FR 9162, Feb. 27, 2002, as amended at 70 FR 6360, Feb. 7, 2005]



Sec. 63.5340  How do I determine the allowable HAP loss?

    (a) By the fifteenth of each month, you must determine the allowable 
HAP loss in pounds from your leather finishing operation for the 
previous month.
    (b) To determine the allowable HAP loss for your leather finishing 
operation, you must select the appropriate HAP emission limit, expressed 
in pounds of HAP loss per 1,000 square feet of leather processed, from 
Table 1 of this subpart, for each type of leather product process 
operation performed during the previous 12 months. Under the appropriate 
existing or new source column, select the HAP emission limit that 
corresponds to each type of product process operation performed during 
the previous 12 months. Next, determine the annual total of leather 
processed in 1,000's of square feet for each product process operation 
in accordance with Sec. 63.5400. Then, multiply the annual total of 
leather processed in each product process operation by the corresponding 
HAP emission limit to determine the allowable HAP loss in pounds for the 
corresponding leather product process operation. Finally, sum the pounds 
of HAP loss from all leather product process operations performed in the 
previous 12 months. Equation 1 of this section illustrates the 
calculation of allowable HAP loss as follows:

[[Page 1110]]

[GRAPHIC] [TIFF OMITTED] TR27FE02.004

Where:

Annual Total of Leather Processed = 1,000's of square feet of leather 
          processed in the previous 12 months in product process 
          operation ``i''.
HAP Emission Limit = From Table 1 of this subpart, the HAP emission 
          limit in pounds of HAP loss per 1,000 square feet of leather 
          processed for product process operation ``i''.
n = Number of leather product process operation types performed during 
          the previous 12 months.

    (c) The resulting ``allowable HAP loss'' is used in Equation 1 of 
Sec. 63.5330 to calculate your compliance ratio, as described in Sec. 
63.5330.



Sec. 63.5345  How do I distinguish between the two upholstery product process operations?

    (a) Product process operations that finish leather for use in 
automobile and furniture seat coverings are categorized as an upholstery 
product process operation. There are two upholstery product process 
operations subject to the requirements of this subpart--operations with 
less than 4 grams of finish add-on per square foot, and operations with 
4 grams or more of finish add-on per square foot. You must distinguish 
between the two upholstery product process operations so that you can 
determine which HAP emission limit in Table 1 of this subpart applies to 
your affected source.
    (b) You must determine finish add-on by calculating the difference 
in mass before and after the finishing process. You may use an empirical 
method to determine the amount of finish add-on applied during the 
finishing process, as described in paragraphs (b)(1) through (4) of this 
section:
    (1) Weigh a one square foot representative section of polyester 
film, paper, cardstock, or equivalent material substrate to be finished. 
This will provide an initial mass and surface area prior to starting the 
finishing process.
    (2) Use a scale with an accuracy of at least 5 percent of the mass 
in grams of the representative section of substrate.
    (3) Upon completion of these measurements, process the 
representative section of substrate on the finishing line as you would 
for a typical section of leather.
    (4) After the finishing and drying process, weigh the representative 
section of substrate to determine the final mass. Divide the net mass in 
grams gained on the representative section by its surface area in square 
feet to determine grams per square foot of finish add-on. Equation 1 of 
this section illustrates this calculation, as follows:
[GRAPHIC] [TIFF OMITTED] TR27FE02.005

Where:

Finish Add-On = Grams per square foot of finish add-on applied to a 
          representative section of polyester film or equivalent 
          material substrate.
Final Mass = Final mass in grams of representative section of polyester 
          film or equivalent material substrate, after finishing and 
          drying.
Initial Mass = Initial mass in grams of representative section of 
          polyester film or equivalent material substrate, prior to 
          finishing.
Surface Area = Surface area in square feet of a representative section 
          of polyester film or equivalent material substrate.

    (c) Any appropriate engineering units may be used for determining 
the finish add-on. However, finish add-on results must be converted to 
the units of grams of finish add-on per square foot

[[Page 1111]]

of leather processed. If multiple representative leather sections are 
analyzed, then use the average of these measurements for selecting the 
appropriate product process operation.
    (d) For each leather product with a unique finish application, you 
must maintain records to support how the leather product was categorized 
to a product process operations type. You must repeat the leather 
product categorization to a product process operation type no less 
frequently than once every 5 years if the applied finish chemical 
characteristics of the leather product have not changed, or when the 
applied finish chemical characteristics of the leather product change, 
whichever is sooner.

[67 FR 9162, Feb. 27, 2002, as amended at 70 FR 6360, Feb. 7, 2005]



Sec. 63.5350  How do I distinguish between the water-resistant
/specialty and nonwater-resistant leather product process operations?

    (a) Product process operations that finish leather for nonupholstery 
use are categorized as either water-resistant/specialty or nonwater-
resistant product process operations. You must distinguish between the 
water-resistant/specialty and nonwater-resistant product process 
operations so that you can determine which HAP emission limit in Table 1 
of this subpart applies to your affected source. Water-resistant and 
nonwater-resistant product process operations for nonupholstery use can 
be distinguished using the methods described in paragraph (b) of this 
section. Specialty leather product process operations for nonupholstery 
use can be distinguished using the criteria described in paragraph (c) 
of this section.
    (b) To determine whether your product process operation produces 
water-resistant or nonwater-resistant leather, you must conduct the 
Maeser Flexes test method according to American Society for Testing and 
Materials (ASTM) Designation D2099-00 (incorporated by reference-see 
Sec. 63.14) or a method approved by the Administrator.
    (1) Statistical analysis of initial water penetration data performed 
to support ASTM Designation D2099-00 indicates that poor quantitative 
precision is associated with this testing method. Therefore, at a 
minimum, 36 leather substrate samples (i.e., three sections of leather 
substrate from at least 12 sides of leather), must be tested to 
determine the water-resistant characteristics of the leather. You must 
average the results of these tests to determine the final number of 
Maeser Flexes prior to initial water penetration.
    (2) Results from leather samples indicating an average of 5,000 
Maeser Flexes or more is considered a water-resistant product process 
operation, and results indicating less than 5,000 Maeser Flexes is 
considered a nonwater-resistant product process operation. However, 
leather samples resulting in less than 5,000 Maeser Flexes may be 
categorized as specialty leather in paragraph (c) of this section.
    (3) For each leather product with a unique finish application, you 
must maintain records to support how the leather product was categorized 
to a product process operations type. You must repeat the leather 
product categorization to a product process operation type no less 
frequently than once every 5 years if the applied finish chemical 
characteristics of the leather product have not changed, or when the 
applied finish chemical characteristics of the leather product do 
change, whichever is sooner.
    (c) To determine whether your product process operation produces 
specialty leather, you must meet the criteria in paragraphs (c)(1) and 
(2), or (c)(3) of this section:
    (1) The leather must be a select grade of chrome tanned, bark 
retanned, or fat liquored leather.
    (2) The leather must be retanned through the application of grease, 
waxes, and oil in quantities greater than 12 percent of the dry leather 
weight. Specialty leather is also finished with higher solvent-based 
finishes that provide rich color, luster, or an oily/tacky feel. 
Specialty leather products may include, but are not limited to, 
specialty shoe leather and top grade football leathers.
    (3) The leather must be a high-quality dress or performance shoe 
leather that can withstand one of the visual

[[Page 1112]]

tests in paragraph (c)(3)(i) or (ii) of this section:
    (i) Moisture injection into the leather using vacuum mulling without 
signs of blistering.
    (ii) Prolonged ironing at 200 [deg]F for smoothing out surface 
roughness without finish lift off.
    (4) For each leather product with a unique finish application, you 
must maintain records to support how the leather product was categorized 
to a product process operations type. You must repeat the leather 
product categorization to a product process operation type no less 
frequently than once every 5 years if the applied finish chemical 
characteristics of the leather product have not changed, or when the 
applied finish chemical characteristics of the leather product do 
change, whichever is sooner.

[67 FR 9162, Feb. 27, 2002, as amended at 70 FR 6360, Feb. 7, 2005]



Sec. 63.5355  How do I monitor and collect data to demonstrate
continuous compliance?

    (a) You must monitor and collect data according to this section.
    (b) You must collect data at all required intervals as specified in 
your plan for demonstrating compliance as specified at Sec. 63.5325.
    (c) For emission control devices, 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.
    (d) 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 compliance ratio, 
and, if an emission control device is used, in assessing the operation 
of the control device.



Sec. 63.5360  How do I demonstrate continuous compliance with
the emission standards?

    (a) You must demonstrate continuous compliance with the emission 
standards in Sec. 63.5305 by following the requirements in paragraphs 
(a)(1) and (2) of this section:
    (1) You must collect and monitor data according to the procedures in 
your plan for demonstrating compliance as specified in Sec. 63.5325.
    (2) If you use an emission control device, you must comply with 
Sec. 63.982(a)(2) (subpart SS of this part) and collect the monitoring 
data as specified therein.
    (3) You must maintain your compliance ratio less than or equal to 
1.00, as specified at Sec. 63.5330.
    (b) You must report each instance in which you did not meet the 
emission standards in Sec. 63.5305. These deviations must be reported 
according to the requirements in Sec. 63.5420(b).
    (c) You must conduct the initial compliance demonstration before the 
compliance date that is specified for your source in Sec. 63.5295.

[67 FR 9162, Feb. 27, 2002, as amended at 84 FR 3321, Feb. 12, 2019]

               Testing and Initial Compliance Requirements



Sec. 63.5375  When must I conduct a performance test or initial
compliance demonstration?

    You must conduct performance tests after the installation of any 
emission control device that reduces HAP emissions and will be used to 
comply with the HAP emission requirements of this subpart. You must 
complete your performance tests not later than 60 calendar days before 
the end of the 12-month period used in the initial compliance 
determination.

[84 FR 3321, Feb. 12, 2019]



Sec. 63.5380  How do I conduct performance tests?

    (a) Each performance test must be conducted according to the 
requirements in Sec. 63.7(e)(2) through (4) and the procedures of Sec. 
63.997(e)(1) and (2).
    (b) Performance tests shall be conducted under such conditions as 
the Administrator specifies to the owner or

[[Page 1113]]

operator based on representative performance of the affected source for 
the period being tested. Representative conditions exclude periods of 
startup and shutdown. The owner or operator may not conduct performance 
tests during periods of malfunction. The owner or operator must record 
the process information that is necessary to document operating 
conditions during the test and include in such record an explanation to 
support that such conditions represent normal operation. Upon request, 
the owner or operator shall make available to the Administrator such 
records as may be necessary to determine the conditions of performance 
tests.
    (c) 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.

[67 FR 9162, Feb. 27, 2002, as amended at 84 FR 3321, Feb. 12, 2019]



Sec. 63.5385  How do I measure the quantity of finish applied to the leather?

    (a) To determine the amount of finish applied to the leather, you 
must measure the mass, or density, and volume of each applied finish.
    (b) Determine the mass of each applied finish with a scale 
calibrated to an accuracy of at least 5 percent of the amount measured. 
The quantity of all finishes used for finishing operations must be 
weighed or have a predetermined weight.
    (c) Determine the density and volume of each applied finish 
according to the criteria listed in paragraphs (c)(1) through (3) of 
this section:
    (1) Determine the density of each applied finish in pounds per 
gallon in accordance with Sec. 63.5395. The finish density will be used 
to convert applied finish volumes from gallons into mass units of 
pounds.
    (2) Volume measurements of each applied finish can be obtained with 
a flow measurement device. For each flow measurement device, you must 
perform the items listed in paragraphs (c)(2)(i) through (v) of this 
section:
    (i) Locate the flow sensor and other necessary equipment such as 
straightening vanes in or as close to a position that provides a 
representative flow.
    (ii) Use a flow sensor with a minimum tolerance of 2 percent of the 
flow rate.
    (iii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iv) Conduct a flow sensor calibration check at least semiannually.
    (v) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (3) Volume measurements of each applied finish can be obtained with 
a calibrated volumetric container with an accuracy of at least 5 percent 
of the amount measured.



Sec. 63.5390  How do I measure the HAP content of a finish?

    (a) To determine the HAP content of a finish, the reference method 
is EPA Method 311 of appendix A of 40 CFR part 63. You may use EPA 
Method 311, an alternative method approved by the Administrator, or any 
other reasonable means for determining the HAP content. Other reasonable 
means of determining HAP content include, but are not limited to, a 
material safety data sheet (MSDS) or a manufacturer's hazardous air 
pollutant data sheet. If the HAP content is provided on a MSDS or a 
manufacturer's data sheet as a range of values, then the highest HAP 
value of the range must be used for the determination of compliance to 
this standard. This value must be entered on the finish log for each 
type of finish applied. You are not required to test the materials that 
you use, but the Administrator may require a test using EPA Method 311 
(or another approved method) to confirm the reported HAP content. 
However, if the results of an analysis by EPA Method 311 are different 
from the HAP content determined by another means, the EPA Method 311 
results will govern compliance determinations.
    (b) You may use the weighted average of the HAP content analysis as 
determined in paragraph (a) of this section for each finish when you 
perform one of the actions listed in paragraphs (b)(1) and (2) of this 
section:
    (1) Mix your own finishes on site.

[[Page 1114]]

    (2) Mix new quantities of finish with previous quantities of finish 
that may have a different HAP content.



Sec. 63.5395  How do I measure the density of a finish?

    (a) To determine the density of a finish, the reference method is 
EPA Method 24 of appendix A of 40 CFR part 60. You may use EPA Method 
24, an alternative method approved by the Administrator, or any other 
reasonable means for determining the density of a finish. Other 
reasonable means of determining density include, but are not limited to, 
an MSDS or a manufacturer's hazardous air pollutant data sheet. If the 
density is provided on a MSDS or a manufacturer's data sheet as a range 
of values, then the highest density value of the range must be used for 
the determination of compliance to this standard. This value must be 
entered on the finish log for each type of finish applied. You are not 
required to test the materials that you use, but the Administrator may 
require a test using EPA Method 24 (or another approved method) to 
confirm the reported density. However, if the results of an analysis by 
EPA Method 24 are different from the density determined by another 
means, the EPA Method 24 results will govern compliance determinations.
    (b) You may use the weighted average of finish densities as 
determined in paragraph (a) of this section for each finish when you 
perform one of the actions listed in paragraphs (b)(1) and (2) of this 
section:
    (1) Mix your own finishes on site.
    (2) Mix new quantities of finish with previous quantities of finish 
that may have different densities.
    (c) Equation 1 of this section may be used to determine the weighted 
average of finish densities, as follows:
[GRAPHIC] [TIFF OMITTED] TR27FE02.006

Where:

Average Weighted Density = The average weighted density of applied 
          finishes in pounds per gallon.
Mass = Pounds of finish ``i'' applied.
Density = The density of finish ``i'' in pounds per gallon.
n = Number of finish types applied.



Sec. 63.5400  How do I measure the quantity of leather processed?

    (a) This section describes the information and procedures you must 
use to determine the quantity of leather processed at your affected 
source.
    (1) To determine the surface area (i.e., quantity) of leather 
substrate processed each month at your source for each product process 
operation, follow the procedures in your plan for demonstrating 
compliance. You must consistently measure the surface area of processed 
leather substrate at one of the manufacturing locations listed in 
paragraph (a)(1)(i) or (ii) of this section:
    (i) Measure the surface area of processed leather upon exiting the 
leather finishing operation.
    (ii) Measure the surface area of processed leather upon shipment 
from the source.
    (2) By the fifteenth of each month, you must determine the quantity 
of leather processed in 1,000's of square feet for each product process 
operation during the previous month. After collecting data on the amount 
of leather processed for 12 months, you must also determine by the 
fifteenth of each month the annual total of leather processed in 1,000's 
of square feet for each product process operation by summing the monthly 
quantities of leather processed in each product process operation for 
the previous 12 months. The ``annual total of leather processed'' in 
each

[[Page 1115]]

product process operation is used in Equation 1 of Sec. 63.5340 to 
calculate your allowable HAP loss as described in Sec. 63.5340. Your 
allowable HAP loss is then subsequently used to calculate your 
compliance ratio as described in Sec. 63.5330.
    (b) To determine the surface area of leather processed at your 
source for each product process operation, you must use one of the 
methods listed in paragraphs (b)(1) and (2) of this section:
    (1) Premeasured leather substrate sections being supplied by another 
manufacturer as an input to your finishing process.
    (2) Measure the surface area of each piece of processed or shipped 
leather with a computer scanning system accurate to 0.1 square feet. The 
computer scanning system must be initially calibrated for minimum 
accuracy to the manufacturer's specifications. For similar leather 
production runs, use an average based on a minimum of 500 pieces of 
leather in lieu of individual measurements.
    (c) Except as provided in paragraph (d) of this section, you must 
include the surface area of each piece of processed leather only once 
when determining the monthly quantity of leather processed, regardless 
of the number of times a piece of leather is reprocessed through a 
portion of the finishing operations.
    (d) If a piece of leather is completely stripped of all applied 
finishes and reprocessed through the entire finishing operation as if it 
were a new piece of leather, you may recount the surface area of leather 
reprocessed when determining the monthly quantity of leather processed.

                   Notifications, Reports, and Records



Sec. 63.5415  What notifications must I submit and when?

    (a) In accordance with Sec. Sec. 63.7(b) and (c) and 63.9(b) and 
(h) of the General Provisions, you must submit the one-time 
notifications listed in paragraphs (b) through (g) of this section.
    (b) As specified in Sec. 63.9(b)(2), if you start up your affected 
source before February 27, 2002, you must submit an Initial Notification 
not later than June 27, 2002, or no later than 120 days after the source 
becomes subject to this subpart, whichever is later.
    (c) In the Initial Notification, include the items in paragraphs 
(c)(1) through (4) of this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the leather finishing operation.
    (3) Identification of the relevant standard, such as the Leather 
Finishing Operations NESHAP, and compliance date.
    (4) A brief description of the source including the types of leather 
product process operations and nominal operating capacity.
    (d) As specified in Sec. 63.9(b)(1) and (2), if you startup your 
new or reconstructed affected source on or after February 27, 2002, you 
must submit an Initial Notification not later than 120 calendar days 
after you become subject to this subpart.
    (e) 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).
    (f) You must submit a Notification of Compliance Status report not 
later than 60 calendar days after determining your initial 12-month 
compliance ratio. The notification of compliance status must contain the 
items in paragraphs (f)(1) through (5) of this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the leather finishing operation.
    (3) Each type of leather product process operation performed during 
the previous 12 months.
    (4) Each HAP identified under Sec. 63.5390 in finishes applied 
during the 12-month period used for the initial compliance 
determination.
    (5) A compliance status certification indicating whether the source 
complied with all of the requirements of this subpart throughout the 12-
month period used for the initial source compliance determination. This 
certification must include the items in paragraphs (f)(5)(i) through 
(iii) of this section:

[[Page 1116]]

    (i) The plan for demonstrating compliance, as described in Sec. 
63.5325, is complete and available on site for inspection.
    (ii) You are following the procedures described in the plan for 
demonstrating compliance.
    (iii) The compliance ratio value was determined to be less than or 
equal to 1.00, or the value was determined to be greater than 1.00.
    (g) If your source becomes a major source on or after February 27, 
2002, you must submit an initial notification not later than 120 days 
after you become subject to this subpart.

[67 FR 9162, Feb. 27, 2002, as amended at 85 FR 73909, Nov. 19, 2020]



Sec. 63.5420  What reports must I submit and when?

    (a) You must submit the first annual compliance status certification 
12 months after you submit the Notification of Compliance Status. Each 
subsequent annual compliance status certification is due 12 months after 
the previous annual compliance status certification. The annual 
compliance status certification provides the compliance status for each 
month during the 12-month period ending 60 days prior to the date on 
which the report is due. Include the information in paragraphs (a)(1) 
through (5) of this section in the annual certification:
    (1) The name and address of the owner or operator.
    (2) The physical address of the leather finishing operation.
    (3) Each type of leather product process operation performed during 
the 12-month period covered by the report.
    (4) Each HAP identified under Sec. 63.5390, in finishes applied 
during the 12-month period covered by the report.
    (5) A compliance status certification indicating whether the source 
complied with all of the requirements of this subpart throughout the 12-
month period covered by the report. This certification must include the 
items in paragraphs (a)(5)(i) and (ii) of this section:
    (i) You are following the procedures described in the plan for 
demonstrating compliance.
    (ii) The compliance ratio value was determined to be less than or 
equal to 1.00, or the value was determined to be greater than 1.00.
    (b) You must submit a Deviation Notification Report for each 
compliance determination you make in which the compliance ratio exceeds 
1.00, as determined under Sec. 63.5330. Submit the deviation report by 
the fifteenth of the following month in which you determined the 
deviation from the compliance ratio. The Deviation Notification Report 
must include the items in paragraphs (b)(1) through (6) of this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the leather finishing operation.
    (3) The 12-month period covered by the report and each type of 
leather product process operation performed during the 12-month period.
    (4) The compliance ratio comprising the deviation. You may reduce 
the frequency of submittal of the Deviation Notification Report if the 
Administrator of these NESHAP approves an alternative schedule.
    (5) An estimate of the quantity of HAP (in pounds) emitted during 
the 12 months specified in paragraph (b)(3) of this section in excess of 
the allowable HAP loss. Calculate this estimate of excess emissions by 
subtracting the allowable HAP loss determined as specified in Sec. 
63.5340 from the actual HAP loss determined as specified in Sec. 
63.5335.
    (6) The cause of the events that resulted in the source failing to 
meet an applicable standard (including unknown cause, if applicable).
    (c) 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 test following the procedures 
specified in paragraphs (c)(1) through (3) 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). The CEDRI Interface can be accessed through 
the EPA's Central

[[Page 1117]]

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.
    (2) For 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, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec. 63.13 unless 
the Administrator agrees to or specifies an alternate reporting method.
    (3) If you claim that some of the performance test information being 
submitted under paragraph (c)(1) of this section 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 medium to the EPA. The 
electronic medium must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via the 
EPA's CDX as described in paragraph (c)(1) of this section.
    (4) If you are required to electronically submit a report through 
the CEDRI in the EPA's CDX, and due to a planned or actual outage of 
either the EPA's CEDRI or CDX systems within the period of time 
beginning 5 business days prior to the date that the submission is due, 
you will be or are precluded from accessing CEDRI or CDX and submitting 
a required report within the time prescribed, you may assert a claim of 
EPA system outage for failure to timely comply with the reporting 
requirement. You must submit notification to the Administrator in 
writing as soon as possible following the date you first knew, or 
through due diligence should have known, that the event may cause or 
caused a delay in reporting. You must provide to the Administrator a 
written description identifying the date, time and length of the outage; 
a rationale for attributing the delay in reporting beyond the regulatory 
deadline to the EPA system outage; describe the measures taken or to be 
taken to minimize the delay in reporting; and identify a date by which 
you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the report must be submitted electronically as soon as 
possible after the outage is resolved. The decision to accept the claim 
of EPA system outage and allow an extension to the reporting deadline is 
solely within the discretion of the Administrator.
    (5) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX and a force majeure event is about to occur, 
occurs, or has occurred or there are lingering effects from such an 
event within the period of time beginning 5 business days prior to the 
date the submission is due, the owner or operator may assert a claim of 
force majeure for failure to timely comply with the reporting 
requirement. For the purposes of this section, a force majeure event is 
defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents you from 
complying with the requirement to submit a report electronically within 
the time period prescribed. Examples of such events are acts of nature 
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or 
equipment failure or safety hazard beyond the control of the affected 
facility (e.g., large scale power outage). If you intend to assert a 
claim of force majeure, you must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or caused a delay in reporting. You must provide to the 
Administrator a written description of the force majeure event and a 
rationale for attributing the delay in reporting

[[Page 1118]]

beyond the regulatory deadline to the force majeure event; describe the 
measures taken or to be taken to minimize the delay in reporting; and 
identify a date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported. In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs. The decision to accept 
the claim of force majeure and allow an extension to the reporting 
deadline is solely within the discretion of the Administrator.

[67 FR 9162, Feb. 27, 2002, as amended at 84 FR 3321, Feb. 12, 2019]



Sec. 63.5425  When must I start recordkeeping to determine my
compliance ratio?

    (a) If you have a new or reconstructed affected source, you must 
start recordkeeping to determine your compliance ratio according to one 
of the schedules listed in paragraphs (a)(1) and (2) of this section:
    (1) If the startup of your new or reconstructed affected source is 
before February 27, 2002, then you must start recordkeeping to determine 
your compliance ratio no later than February 27, 2002.
    (2) If the startup of your new or reconstructed affected source is 
after February 27, 2002, then you must start recordkeeping to determine 
your compliance ratio upon startup of your affected source.
    (b) If you have an existing affected source, you must start 
recordkeeping to determine your compliance ratio no later than February 
27, 2004.
    (c) If you have a source that becomes a major source of HAP 
emissions after February 27, 2002, then you must start recordkeeping to 
determine your compliance ratio immediately upon submitting your Initial 
Notification, as required at Sec. 63.5415(g).



Sec. 63.5430  What records must I keep?

    You must satisfy the recordkeeping requirements in paragraphs (a) 
through (i) of this section by the compliance date specified in Sec. 
63.5295.
    (a) You must keep the plan for demonstrating compliance as required 
at Sec. 63.5325 onsite and readily available as long as the source is 
operational. If you make any changes to the plan for demonstrating 
compliance, then you must keep all previous versions of the plan and 
make them readily available for inspection for at least 5 years after 
each revision.
    (b) You must keep a copy of each notification and report that you 
are required to submit in accordance with this subpart.
    (c) You must keep records of performance tests in accordance with 
this subpart.
    (d) You must record and maintain a continuous log of finish usage as 
specified at Sec. 63.5335(b).
    (e) You must maintain all necessary records to document the methods 
you used and the results of all HAP content measurements of each applied 
finish.
    (f) For each leather product process operation, you must maintain a 
monthly log of the items listed in paragraphs (f)(1) and (2) of this 
section:
    (1) Dates for each leather product process operation.
    (2) Total surface area of leather processed for each leather product 
process operation.
    (g) If you use an emission control device, you must keep records of 
monitoring data as specified at Sec. 63.982(a)(2) (subpart SS of this 
part).
    (h) In the event that the compliance ratio exceeded 1.00, as 
determined under Sec. 63.5330, keep a record of the information 
specified in paragraphs (h)(1) through (5) of this section for each 
exceedance.
    (1) The 12-month period in which the exceedance occurred, as 
reported in Sec. 63.5420(b).
    (2) Each type of leather product process operation performed during 
the 12-month period in which the exceedance occurred, as reported in 
Sec. 63.5420(b).
    (3) Estimate of the quantity of HAP (in pounds) emitted during the 
12 months specified in Sec. 63.5420(b)(3) in excess of the allowable 
HAP loss, as reported in Sec. 63.5420(b).
    (4) Cause of the events that resulted in the source failing to meet 
an applicable standard (including unknown cause, if applicable), as 
reported in Sec. 63.5420(b).
    (5) Actions taken to minimize emissions in accordance with Sec. 
63.5320(b),

[[Page 1119]]

and any corrective actions taken to return the affected unit to its 
normal or usual manner of operation.
    (i) 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.

[67 FR 9162, Feb. 27, 2002, as amended at 84 FR 3322, Feb. 12, 2019]



Sec. 63.5435  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 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 can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.5450  What parts of the General Provisions apply to me?

    Table 2 of this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.5455  Who administers this subpart?

    (a) This subpart can be administered 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 primary authority to administer and 
enforce this subpart. You should contact your U.S. EPA Regional Office 
to find out if the authority to implement and enforce 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 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 listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the emission standards in Sec. 
63.5305 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. 63.5460  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, Sec. 
63.2, and in this section as follows:
    Area source means any stationary source of hazardous air pollutants 
that is not a major source as defined in this part.
    Compliance ratio means the ratio of the actual HAP loss from the 
previous 12 months to the allowable HAP loss from the previous 12 
months. Equation 1 in Sec. 63.5330 is used to calculate this value. If 
the value is less than or equal to 1.00, the source is in compliance. If 
the value is greater than 1.00, the source is deviating from compliance.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source fails to meet any 
requirement or obligation established by this subpart, including, but 
not limited to, any emission limits or work practice standards.
    Drying means the process of removing all but equilibrium moisture 
from the leather. Drying methods currently in use include: toggling, 
hanging, pasting, and vacuum drying.
    Finish add-on means the amount of solid material deposited on the 
leather

[[Page 1120]]

substrate due to finishing operations. Typically, the solid deposition 
is a dye or other chemical used to enhance the color and performance of 
the leather. Finish add-on is quantified as mass per surface area of 
substrate, such as grams of finish add-on per square foot of leather 
substrate.
    Hazardous air pollutants (HAP) means any substance or mixture of 
substances listed as a hazardous air pollutant under section 112(b) of 
the Clean Air Act.
    Leather means the pelt or hide of an animal which has been 
transformed by a tanning process into a nonputrescible and useful 
material.
    Leather finishing means a single process or group of processes used 
to adjust and improve the physical and aesthetic characteristics of the 
leather surface through the multistage application of a coating 
comprised of dyes, pigments, film-forming materials, and performance 
modifiers dissolved or suspended in liquid carriers.
    Leather substrate means a nonputrescible leather surface intended 
for the application of finishing chemicals and materials. The leather 
substrate may be a continuous piece of material such as side leather or 
may be a combination of smaller leather pieces and leather fibers, which 
when joined together, form an integral composite leather material.
    Leather tanning means the processes, commonly referred to as wet 
operations, used to purify and stabilize the collagen content of the 
hide. Wet operations are divided into three phases, the beamhouse 
(includes soaking and unhairing); the tanyard (includes bating, 
pickling, tanning, trimming/siding, and splitting); and the coloring 
department (includes retanning, coloring, and atliquoring operations).
    Month means that all references to a month in this subpart refer to 
a calendar month.
    Nonwater-resistant leather means nonupholstery leather that is not 
treated with any type of waterproof finish and, thus, cannot withstand 
5,000 Maeser Flexes with a Maeser Flex Testing Machine or a method 
approved by the Administrator prior to initial water penetration. This 
leather is typically used for dress shoes, handbags, and garments.
    Product process operation means any one of the four leather 
production classifications developed for ease of compliance with this 
subpart. The four leather product process operations are as follows: 
upholstery leather with greater than or equal to 4 grams finish add-on 
per square foot, upholstery leather with less than 4 grams finish add-on 
per square foot, water-resistant/specialty leather, and nonwater-
resistant leather.
    Specialty leather means a select grade of chrome tanned, bark 
retanned, or fat liquored leather that is retanned through the 
application of grease, waxes, and oil in quantities greater than 12 
percent of the dry leather weight or high-quality dress or performance 
shoe leather that can withstand one or more of the following visual 
tests: moisture injection into the leather using vacuum mulling without 
signs of blistering, or prolonged ironing at 200 [deg]F for smoothing 
out surface roughness without finish lift off. Specialty leather is also 
finished with higher solvent-based finishes that provide rich color, 
luster, or an oily/tacky feel. Specialty leather products are generally 
low volume, high-quality leather, such as specialty shoe leather and top 
grade football leathers.
    Upholstery leather (greater than or equal to 4 grams finish add-on 
per square foot) means an upholstery leather with a final finish add-on 
to leather ratio of 4 or more grams of finish per square foot of 
leather. These types of finishes are used primarily for automobile 
seating covers. These finishes tend to be aqueous-based.
    Upholstery leather (less than 4 grams finish add-on per square foot) 
means an upholstery leather with a final finish add-on to leather ratio 
of less than 4 grams of finish per square foot of leather. These types 
of finishes are typically used for furniture seating covers. The 
finishes tend to be solvent-based and leave a thinner, softer, and more 
natural leather texture.
    Vacuum mulling means the injection of water into the leather 
substrate using a vacuum process to increase the moisture content of the 
leather.

[[Page 1121]]

    Water-resistant leather means nonupholstery leather that has been 
treated with one or more waterproof finishes such that the leather can 
withstand 5,000 or more Maeser Flexes with a Maeser Flex Testing Machine 
or a method approved by the Administrator prior to initial water 
penetration. This leather is used for outerwear, boots and outdoor 
applications.

[67 FR 9162, Feb. 27, 2002, as amended at 70 FR 6360, Feb. 7, 2005; 84 
FR 3322, Feb. 12, 2019]



  Sec. Figure 1 to Subpart TTTT of Part 63--Example Logs for Recording 
                   Leather Finish Use and HAP Content

Month:____________ Year:____________

                                              Finish Inventory Log
----------------------------------------------------------------------------------------------------------------
                      Finish usage    HAP Content (mass                                         Product process
   Finish type          (pounds)          fraction)        Date and time     Operator's name       operation
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------


                                         Monthly Summary of Finish Usage
----------------------------------------------------------------------------------------------------------------
                                     Upholstery leather       Upholstery                            Nonwater-
                                       (=4        leather (<4      Water-resistant/      resistant
                                           grams)               grams)       specialty leather       leather
----------------------------------------------------------------------------------------------------------------
Number of Entries.................
Total Finish Usage (pounds).......
Total HAP Usage (pounds)..........
----------------------------------------------------------------------------------------------------------------



Sec. Table 1 to Subpart TTTT of Part 63--Leather Finishing HAP Emission 
              Limits for Determining the Allowable HAP Loss

    As required in Sec. Sec. 63.5305 and 63.5340(b), you must meet the 
appropriate emission limits in the following table:

------------------------------------------------------------------------
                                      HAP Emission Limit (pounds of HAP
                                        loss per 1,000 square feet of
  Type of Leather Product Process            leather processed)
             Operation             -------------------------------------
                                     Existing sources     New sources
------------------------------------------------------------------------
1. Upholstery Leather (=4 grams add-on/square feet)..
2. Upholstery Leather (<4 grams                   6.8                2.5
 add-on/square feet)..............
3. Water-resistant (=5,000 Maeser Flexes)/
 Specialty Leather................
4. Nonwater-resistant Leather                     3.7                2.1
 (<5,000 Maeser Flexes)...........
------------------------------------------------------------------------



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

    As required in Sec. 63.5450, you must meet the appropriate NESHAP 
General Provision requirements in the following table:

----------------------------------------------------------------------------------------------------------------
                                      Subject of       Brief description
   General provisions citation         citation         of requirement    Applies to subpart      Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1.....................  Applicability.....  Initial             Yes...............
                                                       applicability
                                                       determination;
                                                       applicability
                                                       after standard
                                                       established;
                                                       permit
                                                       requirements;
                                                       extensions,
                                                       notifications..
Sec. 63.2.....................  Definitions.......  Definitions for     Yes...............  Except as
                                                       Part 63 standards.                      specifically
                                                                                               provided in this
                                                                                               subpart.
Sec. 63.3.....................  Units and           Units and           Yes...............
                                   abbreviations.      abbreviations for
                                                       Part 63 standards.

[[Page 1122]]

 
Sec. 63.4.....................  Prohibited          Prohibited          Yes...............
                                   activities and      activities;
                                   circumvention.      compliance date;
                                                       circumvention,
                                                       severability.
Sec. 63.5.....................  Construction/       Applicability;      Yes...............  Except for
                                   reconstruction.     applications;                           paragraphs of
                                                       approvals.                              Sec. 63.5 as
                                                                                               listed below.
Sec. 63.5(c)..................  [Reserved]........
Sec. 63.5(d)(1)(ii)(H)........  Application for     Type and quantity   No................  All sources emit
                                   approval.           of HAP, operating                       HAP. Subpart TTTT
                                                       parameters..                            does not require
                                                                                               control from
                                                                                               specific emission
                                                                                               points.
Sec. 63.5(d)(1)(i)............  [Reserved].
Sec. 63.5(d)(1)(iii), (d)(2),                       Application for     No................  The requirements
 (d)(3)(ii).                                           approval.                               of the
                                                                                               application for
                                                                                               approval for new
                                                                                               and reconstructed
                                                                                               sources are
                                                                                               described in Sec.
                                                                                                 63.5320(b).
                                                                                               General provision
                                                                                               requirements for
                                                                                               identification of
                                                                                               HAP emission
                                                                                               points or
                                                                                               estimates of
                                                                                               actual emissions
                                                                                               are not required.
                                                                                               Descriptions of
                                                                                               control and
                                                                                               methods, and the
                                                                                               estimated and
                                                                                               actual control
                                                                                               efficiency of
                                                                                               such do not
                                                                                               apply.
                                                                                               Requirements for
                                                                                               describing
                                                                                               control equipment
                                                                                               and the estimated
                                                                                               and actual
                                                                                               control
                                                                                               efficiency of
                                                                                               such equipment
                                                                                               apply only to
                                                                                               control equipment
                                                                                               to which the
                                                                                               subpart TTTT
                                                                                               requirements for
                                                                                               quantifying
                                                                                               solvent destroyed
                                                                                               by an add-on
                                                                                               control device
                                                                                               would be
                                                                                               applicable.
Sec. 63.6.....................  Applicability of    Applicability of    Yes...............  Except for
                                   general             general                                 paragraphs of
                                   provisions.         provisions.                             Sec. 63.6 as
                                                                                               listed below.
Sec. 63.6(b)(1)-(3)...........  Compliance dates,                       No................  Section Sec.
                                   new and                                                     63.5283 specifies
                                   reconstructed                                               the compliance
                                   sources.                                                    dates for new and
                                                                                               reconstructed
                                                                                               sources.
Sec. 63.6(b)(6)...............  [Reserved].
Sec. 63.6(c)(3)-(4)...........  [Reserved].
Sec. 63.6(d)..................  [Reserved].
Sec. 63.6(e)(1)...............  Operation and       ..................  No................  See Sec.
                                   maintenance                                                 63.5320(b) for
                                   requirements.                                               general duty
                                                                                               requirement.
Sec. 63.6(e)(2)...............  [Reserved]
Sec. 63.6(e)(3)...............  Operation and       Startup, shutdown,  No................  Subpart TTTT does
                                   maintenance         and malfunction                         not have any
                                   requirements.       plan requirements.                      startup,
                                                                                               shutdown, and
                                                                                               malfunction plan
                                                                                               requirements.
Sec. 63.6(f)-(g)..............  Compliance with     Comply with         No................  Subpart TTTT does
                                   nonopacity          emission                                not have
                                   emission            standards at all                        nonopacity
                                   standards except    times except                            requirements.
                                   during SSM.         during SSM.
Sec. 63.6(h)..................  Opacity/visible     ..................  No................  Subpart TTTT has
                                   emission (VE)                                               no opacity or
                                   standards.                                                  visual emission
                                                                                               standards.

[[Page 1123]]

 
Sec. 63.6(i)..................  Compliance          Procedures and      Yes...............
                                   extension.          criteria for
                                                       responsible
                                                       agency to grant
                                                       compliance
                                                       extension.
Sec. 63.6(j)..................  Presidential        President may       Yes...............
                                   compliance          exempt source
                                   exemption.          category from
                                                       requirement to
                                                       comply with
                                                       subpart.
Sec. 63.7.....................  Performance         Schedule,           Yes...............  Except for
                                   testing             conditions,                             paragraphs of
                                   requirements.       notifications and                       Sec. 63.7 as
                                                       procedures.                             listed below.
                                                                                               Subpart TTTT
                                                                                               requires
                                                                                               performance
                                                                                               testing only if
                                                                                               the source
                                                                                               applies
                                                                                               additional
                                                                                               control that
                                                                                               destroys solvent.
                                                                                               Sec. 63.5311
                                                                                               requires sources
                                                                                               to follow the
                                                                                               performance
                                                                                               testing
                                                                                               guidelines of the
                                                                                               General
                                                                                               Provisions if a
                                                                                               control is added.
Sec. 63.7(a)(2) (i) and (iii).  Performance         Applicability and   No................  Sec. 63.5310(a)
                                   testing             performance dates.                      of subpart TTTT
                                   requirements.                                               specifies the
                                                                                               requirements of
                                                                                               performance
                                                                                               testing dates for
                                                                                               new and existing
                                                                                               sources.
Sec. 63.7(e)(1)...............  Conduct of          Defines             No................  See Sec.
                                   performance tests.  representative                          63.5380.
                                                       conditions;
                                                       provides an
                                                       exemption from
                                                       the standards for
                                                       periods of
                                                       startup,
                                                       shutdown, and
                                                       malfunction;
                                                       requires that,
                                                       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.
Sec. 63.8.....................  Monitoring          Applicability,      No................  See Sec.
                                   requirements.       conduct of                              63.5360(a)(2) for
                                                       monitoring,                             monitoring
                                                       operation and                           requirements.
                                                       maintenance,
                                                       quality control,
                                                       performance
                                                       evaluations, use
                                                       of alternative
                                                       monitoring
                                                       method, reduction
                                                       of monitoring
                                                       data.
Sec. 63.9.....................  Notification        Applicability and   Yes...............  Except for
                                   requirements.       State delegation.                       paragraphs of
                                                                                               Sec. 63.9 as
                                                                                               listed below.
Sec. 63.9(e)..................  Notification of     Notify responsible  Yes...............  Applies only if
                                   performance test.   agency 60 days                          performance
                                                       ahead.                                  testing is
                                                                                               performed.
Sec. 63.9(f)..................  Notification of VE/ Notify responsible  No................  Subpart TTTT has
                                   opacity             agency 30 days                          no opacity or
                                   observations.       ahead.                                  visual emission
                                                                                               standards.

[[Page 1124]]

 
Sec. 63.9(g)..................  Additional          Notification of     No................  See Sec.
                                   notifications       performance                             63.5360(a)(2) for
                                   when using a        evaluation;                             CMS requirements.
                                   continuous          notification
                                   monitoring system   using COMS data;
                                   (CMS).              notification that
                                                       exceeded
                                                       criterion for
                                                       relative accuracy.
Sec. 63.9(h)..................  Notification of     Contents..........  No................  Sec. 63.5320(d)
                                   compliance status.                                          specifies
                                                                                               requirements for
                                                                                               the notification
                                                                                               of compliance
                                                                                               status.
Sec. 63.9(j)..................  Notification        Change in previous  Yes...............
                                   requirements.       information.
Sec. 63.9(k)..................  Notification        Electronic          Yes...............  Only as specified
                                   requirements.       reporting                               in Sec.
                                                       procedures.                             63.9(j).
Sec. 63.10....................  Recordkeeping/      Schedule for        Yes...............  Except for
                                   reporting.          reporting, record                       paragraphs of
                                                       storage.                                Sec. 63.10 as
                                                                                               listed below.
Sec. 63.10(b)(2)..............  Recordkeeping.....  CMS recordkeeping;  No................  See Sec. 63.5360
                                                       CMS records of                          for CMS
                                                       startup,                                recordkeeping
                                                       shutdown, and                           requirements,
                                                       malfunction                             except see Sec.
                                                       events.                                 63.5430(h) for
                                                                                               CMS recordkeeping
                                                                                               requirements if
                                                                                               there is a
                                                                                               deviation from
                                                                                               the standard.
Sec. 63.10(c).................  Recordkeeping.....  Additional CMS      No................  See Sec.
                                                       recordkeeping.                          63.5360(a)(2) for
                                                                                               CMS recordkeeping
                                                                                               requirements.
Sec. 63.10(d)(2)..............  Reporting.........  Reporting           Yes...............  Applies only if
                                                       performance test                        performance
                                                       results.                                testing is
                                                                                               performed.
Sec. 63.10(d)(3)..............  Reporting.........  Reporting opacity   No................  Subpart TTTT has
                                                       or VE                                   no opacity or
                                                       observations.                           visible emission
                                                                                               standards.
Sec. 63.10(d)(4)..............  Reporting.........  Progress reports..  Yes...............  Applies if a
                                                                                               condition of
                                                                                               compliance
                                                                                               extension.
Sec. 63.10(d)(5)..............  Reporting.........  Startup, shutdown,  No................  See Sec.
                                                       and malfunction                         63.5420(b) for
                                                       reporting.                              reporting
                                                                                               requirements if
                                                                                               there is a
                                                                                               deviation from
                                                                                               the standard.
Sec. 63.10(e).................  Reporting.........  Additional CMS      No................  See Sec.
                                                       reports.                                63.5360(a)(2) for
                                                                                               monitoring
                                                                                               requirements.
Sec. 63.11....................  Control device      Requirements for    Yes...............  Applies only if
                                   requirements.       flares.                                 your source uses
                                                                                               a flare to
                                                                                               control solvent
                                                                                               emissions.
                                                                                               Subpart TTTT does
                                                                                               not require
                                                                                               flares.
Sec. 63.12....................  State authority     State authority to  Yes...............
                                   and delegations.    enforce standards.
Sec. 63.13....................  State/regional      Addresses where     Yes...............
                                   addresses.          reports,
                                                       notifications,
                                                       and requests are
                                                       sent.
Sec. 63.14....................  Incorporation by    Test methods        Yes...............
                                   reference.          incorporated by
                                                       reference.
Sec. 63.15....................  Availability of     Public and          Yes...............
                                   information and     confidential
                                   confidentiality.    information.
----------------------------------------------------------------------------------------------------------------


[84 FR 3322, Feb. 12, 2019, as amended at 85 FR 73909, Nov. 19, 2020]

[[Page 1125]]



 Subpart UUUU_National Emission Standards for Hazardous Air Pollutants 
                  for Cellulose Products Manufacturing

    Source: 67 FR 40055, June 11, 2002, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.5480  What is the purpose of this subpart?

    This subpart establishes emission limits, operating limits, and work 
practice standards for hazardous air pollutants (HAP) emitted from 
cellulose products manufacturing operations. Carbon disulfide, carbonyl 
sulfide, ethylene oxide, methanol, methyl chloride, propylene oxide, and 
toluene are the HAP emitted in the greatest quantities from cellulose 
products manufacturing operations. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limits, operating limits, and work practice standards.



Sec. 63.5485  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a cellulose 
products manufacturing operation that is located at a major source of 
HAP emissions.
    (a) Cellulose products manufacturing includes both the Miscellaneous 
Viscose Processes source category and the Cellulose Ethers Production 
source category. The Miscellaneous Viscose Processes source category 
includes all of the operations that use the viscose process. These 
operations include the cellulose food casing, rayon, cellulosic sponge, 
and cellophane operations, as defined in Sec. 63.5610. The Cellulose 
Ethers Production source category includes all of the cellulose ether 
operations, as defined in Sec. 63.5610, that use the cellulose ether 
process.
    (b) A major source of HAP 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 any single HAP at a rate 
of 9.1 megagrams per year (Mg/yr) (10 tons per year (tpy)) or more or 
any combination of HAP at a rate of 23 Mg/yr (25 tpy) or more.
    (c) The provisions of this subpart do not apply to research and 
development facilities, as defined in section 112(b)(7) of the Clean Air 
Act (CAA), regardless of whether the facilities are located at the same 
plant site as an operation subject to the provisions of this subpart.
    (d) For cellulose ether operations, the applicability provisions in 
paragraph (d)(1) or (2) of this section apply.
    (1) The applicability provisions in Sec. Sec. 63.100(a) through (f) 
and 63.160 apply if you are complying with the equipment leak provisions 
of subpart H of this part.
    (2) The applicability provisions in Sec. 63.1019 apply if you are 
complying with the equipment leak provisions in subpart UU of this part.
    (e) For cellulose ether operations, the applicability provisions in 
Sec. Sec. 63.100(a) through (f) and 63.110(a), (e) and (h) apply if you 
are complying with the wastewater provisions in subparts F and G of this 
part.



Sec. 63.5490  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source for the Miscellaneous Viscose Processes and Cellulose 
Ethers Production source categories.
    (b) The affected source for the Miscellaneous Viscose Processes 
source category is each cellulose food casing, rayon, cellulosic sponge, 
or cellophane operation, as defined in Sec. 63.5610. The affected 
source for the Cellulose Ethers Production source category is each 
cellulose ether operation, as defined in Sec. 63.5610.
    (c) You must consider storage vessels to be part of your process 
unit, as defined in Sec. 63.5610, under either of the conditions 
described in paragraphs (c)(1) and (2) of this section. Otherwise, you 
may assign your storage vessels according to paragraph (c)(3) or (4) of 
this section.
    (1) The input to the storage vessel from your viscose process or 
cellulose ether process (either directly or through other storage 
vessels assigned to your process unit) is greater than or equal to the 
input from any other process.

[[Page 1126]]

    (2) The output from the storage vessel to your viscose process or 
cellulose ether process (either directly or through other storage 
vessels assigned to your process unit) is greater than or equal to the 
output to any other process.
    (3) If the greatest input to and/or output from a shared storage 
vessel is the same for two or more processes, including at least one 
viscose process or cellulose ether process, you may assign the storage 
vessel to any process unit that has the greatest input or output.
    (4) If the use varies from year to year, then you must base the 
determination on the utilization that occurred during the year preceding 
June 11, 2002 or, if the storage vessel was not operating during that 
year, you must base the use on the expected use for the first 5-year 
period after startup. You must include this determination in the 
Notification of Compliance Status Report specified in Table 7 to this 
subpart.
    (d) An affected source is a new affected source if you began 
construction of the affected source after August 28, 2000 and you met 
the applicability criteria in Sec. 63.5485 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.
    (g) For the purposes of this subpart, the definitions of new and 
existing affected source in paragraphs (d) through (f) of this section 
supersede the definitions of new and existing affected source in 
subparts F, G, H, U and UU of this part.

[67 FR 40055, June 11, 2002, as amended at 70 FR 46692, Aug. 10, 2005]



Sec. 63.5495  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, then 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 affected source before June 11, 2002, then 
you must comply with the emission limits, operating limits, and work 
practice standards for new and reconstructed sources in this subpart no 
later than June 11, 2002.
    (2) If you start up your affected source after June 11, 2002, then 
you must comply with the emission limits, operating limits, and work 
practice standards for new and reconstructed sources in this subpart 
upon startup of your affected source.
    (b) If you have an existing affected source, then you must comply 
with this subpart according to the requirements in paragraphs (b)(1) and 
(2) of this section.
    (1) Cellulose food casing, cellulosic sponge, cellophane, and 
cellulose ether operations must comply with the emission limits, 
operating limits, and work practice standards for existing sources in 
this subpart no later than June 13, 2005.
    (2) Rayon operations must comply with this subpart according to the 
requirements in paragraphs (b)(2)(i) through (iii) of this section.
    (i) Rayon operations must comply with the 35 percent reduction 
emission limit and associated operating limits and work practice 
standards for existing sources in this subpart no later than June 13, 
2005.
    (ii) Rayon operations must comply with the work practice standard 
for carbon disulfide unloading and storage operations for existing 
sources in this subpart no later than June 13, 2005.
    (iii) Rayon operations must comply with the 40 percent reduction 
emission limit and associated operating limits and work practice 
standards for existing sources in this subpart no later than June 11, 
2010.
    (c) If you have an area source that increases its emissions or its 
potential to emit so that it becomes a major source of HAP and an 
affected source subject to this subpart, then the requirements in 
paragraphs (c)(1) and (2) of this section apply.
    (1) An area source that meets the criteria of a new affected source, 
as specified in Sec. 63.5490(d), or a reconstructed affected source, as 
specified in Sec. 63.5490(e), must be in compliance with this subpart 
upon becoming a major source.
    (2) An area source that meets the criteria of an existing affected 
source, as

[[Page 1127]]

specified in Sec. 63.5490(f), must be in compliance with this subpart 
no later than 3 years after it becomes a major source.
    (d) You must meet the notification requirements in Sec. 63.5575 and 
in subpart A of this part. 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) For the purposes of this subpart, the compliance dates in this 
section supersede the compliance dates in subparts F, G, H, U and UU of 
this part.

     Emission Limits, Operating Limits, and Work Practice Standards



Sec. 63.5505  What emission limits, operating limits, and 
work practice standards must I meet?

    (a) You must meet each emission limit and work practice standard 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) As provided in Sec. 63.6(g), you may apply to EPA for 
permission to use an alternative to the work practice standards in this 
section.
    (d) Opening of a safety device, as defined in Sec. 63.5610, is 
allowed at any time that conditions require venting to avoid unsafe 
conditions.
    (e) The emission limits in Table 1 to this subpart used to control 
emissions from storage vessels 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 1 to this subpart, must not exceed 240 
hours per year.
    (f) Carbon disulfide storage tanks part of a submerged unloading and 
storage operation subject to this part are not subject to 40 CFR part 
60, subpart Kb (Standards of Performance for Volatile Organic Liquid 
Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which 
Construction, Reconstruction, or Modification Commenced After July 23, 
1984).

[67 FR 40055, June 11, 2002, as amended at 85 FR 39994, July 2, 2020]

                     General Compliance Requirements



Sec. 63.5515  What are my general requirements for complying with this subpart?

    (a) On or before December 29, 2020, for each existing source (and 
for each new or reconstructed source for which construction or 
reconstruction commenced on or before September 9, 2019), you must be in 
compliance with the emission limits, operating limits, and work practice 
standards in this subpart at all times, except during periods of 
startup, shutdown, and malfunction. After December 29, 2020, for each 
existing source (and for each new or reconstructed source for which 
construction or reconstruction commenced on or before September 9, 
2019), 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 September 9, 2019, you 
must be in compliance with the emission limits, operating limits, and 
work practice standards in this subpart at all times on July 2, 2020, or 
immediately upon startup, whichever is later.
    (b) On or before December 29, 2020, for each existing source (and 
for each new or reconstructed source for which construction or 
reconstruction commenced on or before September 9, 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 December 29. 2020, for each existing 
source (and for each new or reconstructed source for which construction 
or reconstruction commenced on or before September 9, 2019), and after 
September 9, 2019, for new and reconstructed sources for which 
construction or reconstruction commenced after September 9, 2019, 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. The general duty to minimize 
emissions

[[Page 1128]]

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.
    (1) During the period, if any, between the compliance date specified 
for your affected source in Sec. 63.5495 and the date upon which 
continuous monitoring systems (CMS) have been installed and validated 
and any applicable operating limits have been set, you must maintain a 
log detailing the operation and maintenance of any control technique 
used to comply with this subpart.
    (2) [Reserved]
    (c) On or before December 29 2020, for each existing source (and for 
each new or reconstructed source for which construction or 
reconstruction commenced on or before September 9, 2019), you must 
maintain a written startup, shutdown, and malfunction (SSM) plan 
according the provisions in Sec. 63.6(e)(3). For each such source, a 
SSM plan is not required after December 29, 2020. No SSM plan is 
required for any new or reconstruction source for which construction or 
reconstruction commenced after September 9, 2019.
    (d) After you treat a wastewater stream according to the provisions 
of subparts F and G of this part, it is no longer subject to this 
subpart.
    (e) If you use a boiler or process heater to comply with an emission 
limit or work practice standard in Table 1 to this subpart, then the 
vent stream must be introduced into the flame zone of the boiler or 
process heater.
    (f) You are not required to conduct a performance test when you use 
any of the units specified in paragraphs (f)(1) through (5) of this 
section to comply with the applicable emission limit or work practice 
standard in table 1 to this subpart. You are also exempt from the 
continuous compliance, reporting, and recordkeeping requirements 
specified in tables 5 through 9 to this subpart for any of these units. 
This exemption applies to units used as control devices or wastewater 
treatment units.
    (1) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater;
    (2) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel;
    (3) A boiler or process heater burning hazardous waste that meets 
the requirements in paragraph (f)(3)(i) or (ii) of this section.
    (i) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H; or
    (ii) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (4) A hazardous waste incinerator that has been issued a final 
permit under 40 CFR part 270 and that complies with the requirements of 
40 CFR part 264, subpart O, or that has certified compliance with the 
interim status requirements of 40 CFR part 265, subpart O.
    (5) A control device for which a performance test was conducted for 
determining compliance with a rule promulgated by EPA and the test was 
conducted using the same test methods specified in Table 4 to this 
subpart and either you have made no deliberate process changes since the 
test, or you can demonstrate that the results of the performance test 
with or without adjustments, reliably demonstrate compliance despite 
process changes.
    (g) For purposes of meeting any of the emission limits in Table 1 to 
this subpart, you may use either a single control technique or any 
combination of control techniques, as defined in Sec. 63.5610.
    (h) You must be in compliance with the provisions of subpart A of 
this part, except as noted in Table 10 to this subpart.

[67 FR 40055, June 11, 2002, as amended at 70 FR 46692, Aug. 10, 2005; 
71 FR 20466, Apr. 20, 2006; 85 FR 39994, July 2, 2020]

[[Page 1129]]

               Testing and Initial Compliance Requirements



Sec. 63.5530  How do I demonstrate initial compliance with the 
emission limits and work practice standards?

    (a) You must demonstrate initial compliance with each emission limit 
and work practice standard that applies to you according to Table 3 to 
this subpart. You must also install and operate the monitoring equipment 
according to the requirements in Sec. 63.5545 that apply to you.
    (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. 63.5535 and Table 4 to this Subpart UUUU.
    (c) You must submit the Notification of Compliance Status Report 
containing the results of the initial compliance demonstration according 
to the requirements in Sec. 63.5575 and Table 7 to this Subpart UUUU.



Sec. 63.5535  What performance tests and other procedures must I use?

    (a) You must conduct each performance test in Table 4 to this 
Subpart UUUU that applies to you.
    (b) You must conduct each performance test for continuous process 
vents and combinations of batch and continuous process vents based on 
representative performance (i.e., performance based on normal operating 
conditions) of the affected source for the period being tested, 
according to the specific conditions in Table 4 to this subpart. 
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.
    (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, except as specified in Sec. 
63.490(c) for batch process vents.
    (e) Except as specified in Sec. 63.490(c) for batch process vents, 
you may use the equations in paragraphs (e)(1) through (3) of this 
section as applicable to determine the control efficiency for each 
performance test.
    (1) The total organic HAP emission rate is the sum of the emission 
rates of the individual HAP components. You must calculate the total 
organic HAP emission rate at the inlet and outlet of each control device 
for each test run using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR11JN02.004

Where:

ERHAPt = total emission rate of organic HAP in vent stream, 
          kilograms per hour (kg/hr) (pounds per hour (lb/hr)).
ERHAPj = emission rate of individual organic HAP in vent 
          stream, kg/hr (lb/hr).
j = individual HAP.
m = number of individual HAP sampled in each test run.

    (2) The total sulfide emission rate is the sum of the emission rates 
of the individual sulfide components, expressed as carbon disulfide. You 
must calculate the total sulfide emission rate at the inlet and outlet 
of each control device for each test run using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR11JN02.005

Where:

ERsulft = total emission rate of sulfide in vent stream, kg/
          hr (lb/hr), as carbon disulfide.
ERCS2 = emission rate of carbon disulfide in vent stream, kg/
          hr (lb/hr).

[[Page 1130]]

ERH2S = emission rate of hydrogen sulfide in vent 
          stream, kg/hr (lb/hr).
MCS2 = mass of carbon disulfide per mole of carbon disulfide, 
          76 kilograms per kilogram-mole (kg/kg-mol) (76 pounds per 
          pound-mole (lb/lb-mol)).
MH2S = mass of hydrogen sulfide per mole of carbon 
          disulfide, 68 kg/kg-mol (68 lb/lb-mol).
ERCOS = emission rate of carbonyl sulfide in vent stream, kg/
          hr (lb/hr).
MCOS = mass of carbonyl sulfide per mole of carbon disulfide, 
          120 kg/kg-mol (120 lb/lb-mol).

    (3) You must calculate the control efficiency for each control 
device for each test run using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR11JN02.006

Where:

CE = control efficiency, percent.
ERi = total emission rate of organic HAP (ERHAPt) 
          or sulfide (ERsulft) in the inlet vent stream of 
          the control device, kg/hr (lb/hr).
ERo = total emission rate of organic HAP (ERHAPt) 
          or sulfide (ERsulft) in the outlet vent stream of 
          the control device, kg/hr (lb/hr).

    (f) When a flare is used to comply with the applicable emission 
limit or work practice standard in Table 1 to this subpart, you must 
comply with the requirements in paragraphs (f)(1) through (3) of this 
section. You are not required to conduct a performance test to determine 
the control efficiency of the flare or the outlet organic HAP 
concentration. If you have previously conducted a compliance 
demonstration for a flare using the techniques specified in paragraphs 
(f)(1) through (3) of this section, you may use that compliance 
demonstration to satisfy the requirements of this paragraph if either no 
deliberate process changes have been made since the compliance 
demonstration, or the results of the compliance demonstration reliably 
demonstrate compliance despite process changes.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4);
    (2) Determine the net heating value of the gas being combusted using 
the techniques specified in Sec. 63.11(b)(6); and
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7) or (b)(8), as appropriate.
    (g) Viscose process affected sources must conduct a month-long 
initial compliance demonstration according to the requirements in 
paragraphs (g)(1) through (5) of this section and Table 3 to this 
subpart.
    (1) Viscose process affected sources that must use non-recovery 
control devices to meet the applicable emission limit in table 1 to this 
subpart must conduct an initial performance test of their non-recovery 
control devices according to the requirements in table 4 to this subpart 
to determine the control efficiency of their non-recovery control 
devices and incorporate this information in their material balance. 
Periodic performance tests must be conducted as specified in Sec. 
63.5541.
    (2) Viscose process affected sources that use recovery devices to 
meet the applicable emission limit in Table 1 to this subpart must 
determine the quantity of carbon disulfide fed to the process and the 
quantity of carbon disulfide recovered using the recovery device and 
incorporate this information in their material balance.
    (3) Viscose process affected sources that use viscose process 
changes to meet the applicable emission limit in Table 1 to this subpart 
must determine the quantity of carbon disulfide used before and after 
the process change and incorporate this information in their material 
balance.
    (4) Cellophane operations that use recovery devices to meet the 95 
percent toluene emission limit in Table 1 to this subpart must determine 
the quantity of toluene fed to the process and the toluene recovered 
using the solvent recovery device and incorporate this information in 
their material balance.
    (5) Using the pertinent material balance information obtained 
according to paragraphs (g)(1) through (4) of this section, viscose 
process affected sources must calculate the monthly average percent 
reduction for their affected source over the month-long period of the 
compliance demonstration.
    (h) Cellulose ether affected sources using the material balance 
compliance demonstration must conduct a month-long initial compliance 
demonstration

[[Page 1131]]

according to the requirements in paragraphs (h)(1) through (4) of this 
section and table 3 to this subpart.
    (1) Cellulose ether affected sources that must use non-recovery 
control devices to meet the applicable emission limit in table 1 to this 
subpart must conduct an initial performance test of their non-recovery 
control devices according to the requirements in table 4 to this subpart 
to determine the control efficiency of their non-recovery control 
devices and incorporate this information in their material balance. 
Periodic performance tests must be conducted as specified in Sec. 
63.5541.
    (2) Cellulose ether affected sources that use recovery devices to 
meet the applicable emission limit in table 1 to this subpart must 
determine the quantity of organic HAP fed to the process and the 
quantity of organic HAP recovered using the recovery device and 
incorporate this information in their material balance.
    (3) Cellulose ether affected sources that use cellulose ether 
process changes to meet the applicable emission limit in table 1 to this 
subpart must determine the quantity of organic HAP used before and after 
the process change and incorporate this information in their material 
balance. For cellulose ether affected sources that use extended cookout, 
the start point from which the percent reduction is determined must be 
the onset of extended cookout.
    (4) Using the pertinent material balance information obtained 
according to paragraphs (h)(1) through (3) of this section, cellulose 
ether affected sources must calculate the monthly average percent 
reduction for their affected source over the month-long period of the 
compliance demonstration.
    (i) During the period of each compliance demonstration, you must 
establish each site-specific operating limit in table 2 to this subpart 
that applies to you according to the requirements in paragraphs (i)(1) 
through (9) of this section.
    (1) For continuous, batch, and combinations of continuous and batch 
process vents, establish your site-specific operating limit using the 
procedures in Sec. 63.505(c), except that, if you demonstrate initial 
compliance using a month-long compliance demonstration, references to 
``performance test'' mean ``compliance demonstration'' for purposes of 
this subpart.
    (2) For condensers, record the outlet (product side) gas or 
condensed liquid temperature averaged over the same period as the 
compliance demonstration while the vent stream is routed and constituted 
normally. Locate the temperature sensor in a position that provides a 
representative temperature.
    (3) For thermal oxidizers, record the firebox temperature averaged 
over the same period as the compliance demonstration. Locate the 
temperature sensor in a position that provides a representative 
temperature.
    (4) For water scrubbers, record the range of the pressure drop and 
flow rate of the scrubber liquid over the same time period as the 
compliance demonstration while the vent stream is routed and constituted 
normally. Locate the pressure and flow sensors in a position that 
provides a representative measurement of the parameter.
    (5) For caustic scrubbers, record the range of the pressure drop, 
flow rate of the scrubber liquid, and pH, conductivity, or alkalinity of 
the scrubber liquid over the same time period as the compliance 
demonstration while the vent stream is routed and constituted normally. 
Locate the pressure sensors, flow sensors, and pH, conductivity, or 
alkalinity sensors in positions that provide representative measurements 
of these parameters. Ensure the sample is properly mixed and 
representative of the fluid to be measured.
    (6) For flares, record the presence of a pilot flame. Locate the 
pilot flame sensor in a position that provides an accurate and 
continuous determination of the presence of the pilot flame.
    (7) For biofilters, record the pressure drop across the biofilter 
beds, inlet gas temperature, and effluent pH or conductivity averaged 
over the same time period as the compliance demonstration while the vent 
stream is routed and constituted normally. Locate the pressure, 
temperature, and pH or conductivity sensors in positions that provide 
representative measurement of these parameters. Ensure the sample is 
properly mixed and representative of the fluid to be measured.

[[Page 1132]]

    (8) For carbon adsorbers, record the total regeneration stream mass 
or volumetric flow during each carbon bed regeneration cycle during the 
period of the compliance demonstration. Record the temperature of the 
carbon bed after each carbon bed regeneration cycle during the period of 
the compliance demonstration (and within 15 minutes of completion of any 
cooling cycle(s)). Record the operating time since the end of the last 
carbon bed regeneration cycle and the beginning of the next carbon bed 
regeneration cycle during the period of the compliance demonstration. 
Locate the temperature and flow sensors in positions that provide 
representative measurement of these parameters.
    (9) For oil absorbers, record the flow of absorption liquid through 
the absorber, the temperatures of the absorption liquid before and after 
the steam stripper, and the steam flow through the steam stripper 
averaged during the same period of the compliance demonstration. Locate 
the temperature and flow sensors in positions that provide 
representative measurement of these parameters.

[67 FR 40055, June 11, 2002, as amended at 70 FR 46692, Aug. 10, 2005; 
85 FR 39995, July 2, 2020]



Sec. 63.5540  By what date must I conduct a performance test
or other initial compliance demonstration?

    (a) You must conduct performance tests or other initial compliance 
demonstrations no later than 180 calendar days after the compliance date 
that is specified for your source in Sec. 63.5495 and according to the 
provisions in Sec. 63.7(a)(2).



Sec. 63.5541  When must I conduct subsequent performance tests?

    (a) For each affected source utilizing a non-recovery control device 
to comply with Sec. 63.5515 that commenced construction or 
reconstruction before September 9, 2019, a periodic performance test 
must be performed by July 2, 2023, and subsequent tests no later than 60 
months thereafter.
    (b) For each affected source utilizing a non-recovery control device 
to comply with Sec. 63.5515 that commences construction or 
reconstruction after September 9, 2019, a periodic performance test must 
be performed no later than 60 months after the initial performance test 
required by Sec. 63.5535, and subsequent tests no later than 60 months 
thereafter.

[85 FR 39995, July 2, 2020]



Sec. 63.5545  What are my monitoring installation, operation,
and maintenance requirements?

    (a) For each CMS 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 provisions in 
paragraphs (a)(1) through (3) of this section.
    (1) 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);
    (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).
    (b) In your site-specific monitoring plan, you must also address the 
provisions in paragraphs (b)(1) through (3) of this section.
    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. Sec. 63.8(c)(3) and (4)(ii), 
63.5515(b), and 63.5580(c)(6);
    (2) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 63.8(d)(2); and
    (3) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. Sec. 63.10(c), (e)(1), (e)(2)(i) 
and 63.5585.
    (c) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (d) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.
    (e) For each continuous emissions monitoring system (CEMS), you must

[[Page 1133]]

meet the requirements in paragraphs (e)(1) through (6) of this section.
    (1) Each CEMS must be installed, operated, and maintained according 
to the applicable performance specification (PS) listed in paragraphs 
(e)(1)(i) through (iv) of this section:
    (i) PS-7 of 40 CFR part 60, appendix B, for CEMS used to measure 
hydrogen sulfide emissions;
    (ii) PS-8 of 40 CFR part 60, appendix B, for CEMS used to measure 
volatile organic compound emissions;
    (iii) PS-9 of 40 CFR part 60, appendix B, for CEMS that use gas 
chromatography to measure organic HAP emissions; and
    (iv) PS-15 of 40 CFR part 60, appendix B, for CEMS that use Fourier 
transform infrared spectroscopy to measure organic HAP emissions.
    (2) You must conduct a performance evaluation of each CEMS according 
to the requirements in Sec. 63.8, Procedure 1 of 40 CFR part 60, 
appendix F, and according to the applicable performance specification 
listed in paragraphs (e)(1)(i) through (iv) of this section.
    (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.
    (4) The CEMS data must be reduced to operating data averages 
computed using valid data from at least 75 percent of the hours during 
the averaging period. To have a valid hour of data, you must have four 
or more data points equally spaced over the 1-hour period (or at least 
two data points during an hour when calibration, quality assurance, or 
maintenance activities are being performed), except as specified in 
paragraph (e)(5) of this section.
    (5) The CEMS data taken during periods in which the control devices 
are not functioning in controlling emissions, as indicated by periods of 
no flow for all or a portion of an affected source, must not be 
considered in the averages.
    (6) Determine the daily average of all recorded readings for each 
operating day during the semiannual reporting period described in Table 
8 to this subpart.
    (f) For each continuous parameter monitoring system (CPMS), you must 
meet the requirements in paragraphs (f)(1) through (9) of this section.
    (1) Satisfy all requirements of performance specifications for CPMS 
upon promulgation of such performance specifications.
    (2) Satisfy all requirements of quality assurance (QA) procedures 
for CPMS upon promulgation of such QA procedures.
    (3) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period.
    (4) To calculate a valid hourly average, there must be at least four 
equally spaced values for that hour, excluding data collected during the 
periods described in paragraph (f)(6) of this section.
    (5) Have valid hourly data for at least 75 percent of the hours 
during the averaging period.
    (6) The CPMS data taken during periods in which the control devices 
are not functioning in controlling emissions, as indicated by periods of 
no flow for all or a portion of an affected source, must not be 
considered in the averages.
    (7) Calculate a daily average using all of the valid hourly averages 
for each operating day during the semiannual reporting period.
    (8) Record the results of each inspection, calibration, and 
validation check.
    (9) Except for redundant sensors, any device that is used to conduct 
an initial validation or accuracy audit of a CPMS must meet the accuracy 
requirements specified in paragraphs (f)(9)(i) and (ii) of this section.
    (i) The device must have an accuracy that is traceable to National 
Institute of Standards and Technology (NIST) standards.
    (ii) The device must be at least three times as accurate as the 
required accuracy for the CPMS.
    (g) If flow to a control device could be intermittent, you must 
install, calibrate, and operate a flow indicator at the inlet or outlet 
of the control device to identify periods of no flow.

[67 FR 40055, June 11, 2002, as amended at 70 FR 46693, Aug. 10, 2005; 
85 FR 39995, July 2, 2020]

[[Page 1134]]

                   Continuous Compliance Requirements



Sec. 63.5555  How do I demonstrate continuous compliance with 
the emission limits, operating limits, and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limit, operating limit, and work practice standard in Tables 1 and 2 to 
this subpart that applies to you according to methods specified in 
Tables 5 and 6 to this subpart.
    (b) You must report each instance in which you were not in 
continuous compliance (as specified in Tables 5 and 6 to this subpart) 
with each emission limit, each operating limit, and each work practice 
standard that apply to you. This includes periods of startup, shutdown, 
and malfunction. These instances are deviations from the emission 
limits, operating limits, and work practice standards in this subpart. 
These deviations must be reported according to the requirements in Sec. 
63.5580.
    (c) [Reserved]
    (d) For each affected source that commenced construction or 
reconstruction before September 9, 2019, on or before December 29, 2020, 
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. 
63.5515(b). The Administrator will determine whether deviations that 
occur on or before December 29, 2020, and during a period you identify 
as a startup, shutdown, or malfunction are violations, according to the 
provisions in Sec. 63.5515(b). This section no longer applies after 
December 30, 2020. For new sources that commence construction or 
reconstruction after September 9, 2019, this section does not apply.

[67 FR 40055, June 11, 2002, as amended at 71 FR 20466, Apr. 20, 2006; 
85 FR 39995, July 2, 2020]



Sec. 63.5560  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, 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.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, required quality assurance or control activities, 
and periods of no flow for all or a portion of an affected source 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.
    (d) All terms in this subpart that define a period of time for 
completing required tasks (e.g., weekly, monthly, quarterly, or 
annually) refer to the standard calendar periods.
    (1) You may change time periods specified in this subpart for 
completing required tasks by mutual agreement with the Administrator, as 
specified in subpart A of this part. For example, a period could begin 
on the compliance date or another date, rather than on the first day of 
the standard calendar period. For each time period that is changed by 
agreement, the revised period must remain in effect until it is changed. 
A new request is not necessary for each recurring period.
    (2) Where the period specified for compliance is a standard calendar 
period, if the initial compliance date occurs after the beginning of the 
period, then you must comply according to the schedule specified in 
paragraph (d)(2)(i) or (ii) of this section, as appropriate.
    (i) You must comply before the end of the standard calendar period 
within which the compliance deadline occurs, if there remain at least 3 
days for tasks that must be performed weekly, at least 2 weeks for tasks 
that must be performed monthly, at least 1 month for tasks that must be 
performed quarterly, or at least 3 months for tasks that must be 
performed annually; or
    (ii) In all instances where a provision of this subpart requires 
completing a task during each of multiple successive

[[Page 1135]]

periods, you may perform the required task at any time during the 
specified period, provided that the task is conducted at a reasonable 
interval after completion of the task during the previous period.

                   Notifications, Reports, and Records



Sec. 63.5575  What notifications must I submit and when?

    You must submit each notification in Table 7 to this subpart that 
applies to you by the date specified in Table 7 to this subpart. Initial 
notifications and Notification of Compliance Status Reports shall be 
electronically submitted in portable document format (PDF) following the 
procedure specified in Sec. 63.5580(g).

[85 FR 39995, July 2, 2020]



Sec. 63.5580  What reports must I submit and when?

    (a) You must submit each report in Table 8 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submitting reports under Sec. 63.10, you must submit each compliance 
report by the date 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. 
63.5495 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. 63.5495.
    (2) The first compliance report must be submitted no later than 
August 31 or February 28, whichever date follows the end of the first 
calendar half after the compliance date that is specified for your 
affected source in Sec. 63.5495.
    (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 submitted no later 
than August 31 or February 28, 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 according to the dates in paragraphs (b)(1) through (4) of 
this section.
    (6) Prior to December 29, 2020, all compliance reports submitted by 
mail must be postmarked or delivered no later than the dates specified 
in paragraphs (b)(1) through (5). Beginning on December 29, 2020, you 
must submit all compliance reports following the procedure specified in 
paragraph (g) of this section by the dates specified in paragraphs 
(b)(1) through (5).
    (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 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) Before December 30, 2020, for each existing source (and for each 
new or reconstructed source for which construction or reconstruction 
commenced on or before September 9, 2019), if you had a startup, 
shutdown, or malfunction during the reporting period and you took 
actions consistent with your SSM plan, the compliance report must 
include the information in Sec. 63.10(d)(5)(i). After December 29, 
2020, you are no longer required to report the information in Sec. 
63.10(d)(5)(i). No SSM plan is required for any new or reconstruction 
source for which construction or reconstruction commenced after 
September 9, 2019.
    (5) If there are no deviations from any emission limits, operating 
limits, or work practice standards that apply

[[Page 1136]]

to you (see Tables 5 and 6 to this subpart), the compliance report must 
contain a statement that there were no deviations from the emission 
limits, operating limits, or work practice standards during the 
reporting period.
    (6) If there were no periods during which the CMS was out-of-
control, the compliance report must contain a statement that there were 
no periods during which the CMS was out-of-control during the reporting 
period. You must include specifications for out-of-control operation in 
the quality control plan required under Sec. 63.8(d)(2).
    (d) For each deviation from an emission limit or work practice 
standard that occurs at an affected source where you are not using a CMS 
to demonstrate continuous compliance with the emission limits or work 
practice standards in this subpart (see Table 5 to this subpart), the 
compliance report must contain the information in paragraphs (c)(1) 
through (4) and (d)(1) and (2) of this section. This includes periods of 
startup, shutdown, and malfunction.
    (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), as applicable, and the 
corrective action taken.
    (e) For each deviation from an emission limit or operating limit 
occurring at an affected source where you are using a CMS to demonstrate 
continuous compliance with the emission limit or operating limit in this 
subpart (see Tables 5 and 6 to this subpart), you must include the 
information in paragraphs (c)(1) through (4) and (e)(1) through (14) of 
this section. This includes periods of SSM.
    (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.
    (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.
    (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 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) An identification of each HAP that is known to be in the 
emission stream at the affected source.
    (9) A brief description of the process units.
    (10) A brief description of the CMS.
    (11) The date of the latest CEMS certification or audit or CPMS 
inspection, calibration, or validation check.
    (12) A description of any changes in CMS, processes, or controls 
since the last reporting period.
    (13) The operating day average values of monitored parameters.
    (14) 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.
    (f) 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 limit, operating limit, or work practice standard in this 
subpart, 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 permit authority.

[[Page 1137]]

    (g) If you are required to submit notifications or reports following 
the procedure specified in this paragraph, you must submit notifications 
or 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/). Notifications must be submitted 
as PDFs to CEDRI. You must use the semi-annual 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. The semi-annual 
compliance 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 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 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 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 
(h) of this section.
    (i) 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 (i)(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

[[Page 1138]]

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 (CBI). If you claim some of 
the information submitted under this paragraph (i) 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 this 
paragraph (i).
    (j) 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 (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 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) A description of 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 the 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) 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 (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 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 1139]]

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) A description of 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.

[67 FR 40055, June 11, 2002, as amended at 85 FR 39995, July 2, 2020]



Sec. 63.5585  What records must I keep?

    You must keep the records in Table 9 to this subpart that apply to 
you.



Sec. 63.5590  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 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 can keep the 
records offsite for the remaining 3 years.
    (d) You may keep records in hard copy or computer-readable form 
including, but not limited to, paper, microfilm, computer, floppy disk, 
magnetic tape, or microfiche.
    (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 the EPA as part of an on-site 
compliance evaluation.

[67 FR 40055, June 11, 2002, as amended at 85 FR 39997, July 2, 2020]

                   Other Requirements and Information



Sec. 63.5595  What compliance options do I have if part of my affected source is subject to both this subpart and another subpart?

    (a) For any Group 1 or Group 2 wastewater stream that is subject to 
the wastewater provisions in this subpart and the wastewater provisions 
in 40 CFR parts 260 through 272, you must comply with the requirements 
of either paragraph (a)(1) or (2) of this section.
    (1) You must comply with more stringent control, testing, 
monitoring, recordkeeping, and reporting requirements that overlap 
between the provisions of this subpart and the provisions of 40 CFR 
parts 260 through 272. You must keep a record of the information used to 
determine which requirements were the most stringent and submit this 
information if requested by the Administrator.
    (2) You must submit, no later than 4 months before the applicable 
compliance date specified in Sec. 63.5495, a request for a case-by-case 
determination of requirements. The request must include the information 
specified in paragraphs (a)(2)(i) and (ii) of this section.
    (i) Identification of the wastewater streams that are subject to 
this subpart and to provisions in 40 CFR parts 260 through 272, 
determination of the Group 1/Group 2 status of those streams, 
determination of whether or not those streams are listed or exhibit a 
characteristic as specified in 40 CFR part 261, and determination of 
whether the waste management unit is subject to permitting under 40 CFR 
part 270.

[[Page 1140]]

    (ii) Identification of the specific control, testing, monitoring, 
recordkeeping, and reporting requirements that overlap between the 
provisions of this subject and the provisions of 40 CFR parts 260 
through 272.
    (b) If any combustion device, recovery device, or recapture device, 
as defined in Sec. 63.111, subject to this subpart is also subject to 
the monitoring, recordkeeping, and reporting requirements in 40 CFR part 
264, subpart AA or CC, or is subject to monitoring and recordkeeping 
requirements in 40 CFR part 265, subpart AA or CC, and you comply with 
the periodic reporting requirements under 40 CFR part 264, subpart AA or 
CC, that would apply to the device if the affected source had final-
permitted status, you may elect to comply either with the monitoring, 
recordkeeping, and reporting requirements of this subpart, or with the 
monitoring, recordkeeping, and reporting requirements in 40 CFR parts 
264 and/or 265, as described in this paragraph (b), which will 
constitute compliance with the monitoring, recordkeeping, and reporting 
requirements of this subpart. You must identify which option has been 
selected in the Notification of Compliance Status Report required in 
Sec. 63.5575 and Table 7 to this subpart.



Sec. 63.5600  What other requirements apply to me?

    (a) Table 10 to this subpart shows which provisions of the General 
Provisions in Sec. Sec. 63.1 through 63.15 apply to you.
    (b) For the purposes of this subpart, the applicable subpart A 
requirements in Table 10 to this subpart supersede the applicable 
subpart A requirements in subparts F, G, H, U and UU of this part.



Sec. 63.5605  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the US 
Environmental Protection Agency (EPA), or a delegated authority, such as 
your State, local, or tribal agency. If the 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 Administrator keeps the authorities contained in paragraphs 
(b)(1) through (4) of this section and does not delegate such 
authorities to a State, local, or tribal agency.
    (1) Approval of alternatives to the non-opacity emission limits, 
operating limits, and work practice standards in Sec. 63.5505(a) 
through (c) and 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. 63.5610  What definitions apply to this subpart?

    (a) For all affected sources complying with the batch process vent 
testing provisions in Sec. 63.490(c) and the operating limit provisions 
in Sec. 63.505(c), the terms used in this subpart and in subpart U of 
this part are defined in Sec. 63.482 and paragraph (g) of this section.
    (b) For all affected sources complying with the closed-vent system 
and bypass line requirements in Sec. 63.148, the terms used in this 
subpart and in subpart G of this part are defined in Sec. 63.111 and 
paragraph (g) of this section.
    (c) For all affected sources complying with the heat exchanger 
system requirements in Sec. 63.104, the terms used in this subpart and 
in subpart F of this part are defined in Sec. 63.101 and paragraph (g) 
of this section.
    (d) For cellulose ether affected sources complying with the 
maintenance wastewater, process wastewater, and liquid stream in open 
system requirements of subparts F and G of this part, the terms used in 
this subpart and in subparts F and G of this part are defined in 
Sec. Sec. 63.101 and 63.111 and paragraph (g) of this section.

[[Page 1141]]

    (e) For cellulose ether affected sources complying with the 
equipment leak requirements of subpart H of this part, the terms used in 
this subpart and in subpart H of this part are defined in Sec. 63.161 
and paragraph (g) of this section.
    (f) For cellulose ether affected sources complying with the 
equipment leak requirements of subpart UU of this part, the terms used 
in this subpart and in subpart UU of this part are defined in Sec. 
63.1020 and paragraph (g) of this section.
    (g) All other terms used in this subpart have the meaning given them 
in Sec. 63.2 and this paragraph (g). If a term is defined in Sec. 
63.2, Sec. 63.101, Sec. 63.111, Sec. 63.161, or Sec. 63.1020 and in 
this paragraph (g), the definition in this paragraph (g) applies for 
purposes of this subpart.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    Carbon disulfide unloading and storage operation means a system at 
an affected source that includes unloading of carbon disulfide from a 
railcar using nitrogen or water displacement and storage of carbon 
disulfide in a storage vessel using nitrogen or water padding.
    Cellophane means a thin, transparent cellulose material, which is 
manufactured using the viscose process and used in food packaging (e.g., 
candy, cheese, baked goods), adhesive tapes, and membranes for 
industrial uses, such as batteries.
    Cellophane operation means the collection of the cellophane process 
unit and any other equipment, such as heat exchanger systems, wastewater 
and waste management units, or cooling towers, that are not associated 
with an individual cellophane process unit, but are located at a 
cellophane operation for the purpose of manufacturing cellophane and are 
under common control.
    Cellophane process unit means all equipment associated with the 
viscose process or solvent coating process which collectively function 
to manufacture cellophane and any associated storage vessels, liquid 
streams in open systems (as defined in Sec. 63.149), and equipment (as 
defined in Sec. 63.161) that are used in the manufacturing of 
cellophane.
    Cellulose ether means a compound, such as carboxymethyl cellulose, 
hydroxyethyl cellulose, hydroxypropyl cellulose, methyl cellulose, or 
hydroxypropyl methyl cellulose, which is manufactured using the 
cellulose ether process and used mainly as a thickener, viscosifier, or 
binder in a wide variety of consumer and other products.
    Cellulose ether operation means the collection of the cellulose 
ether process unit and any other equipment, such as heat exchanger 
systems, wastewater and waste management units, or cooling towers, that 
are not associated with an individual cellulose ether process unit, but 
are located at a cellulose ether operation for the purpose of 
manufacturing a particular cellulose ether and are under common control.
    Cellulose ether process means the following:
    (1) A manufacturing process that includes the following process 
steps:
    (i) Reaction of cellulose (e.g., wood pulp or cotton linters) with 
sodium hydroxide to produce alkali cellulose;
    (ii) Reaction of the alkali cellulose with a chemical compound(s), 
such as ethylene oxide, propylene oxide, methyl chloride, or 
chloroacetic acid, to produce a particular cellulose ether;
    (iii) Washing and purification of the cellulose ether; and
    (iv) Drying of the cellulose ether.
    (2) Solids handling steps downstream of the drying process are not 
considered part of the cellulose ether process.
    Cellulose ether process change means a change to the cellulose ether 
process that occurred no earlier than January 1991 that allows the 
recovery of organic HAP, reduction in organic HAP usage, or reduction in 
organic HAP leaving the reactor. Includes extended cookout.
    Cellulose ether process unit means all equipment associated with a 
cellulose ether process which collectively function to manufacture a 
particular cellulose ether and any associated storage vessels, liquid 
streams in open systems (as defined in Sec. 63.149), and equipment (as 
defined in Sec. 63.161 or Sec. 63.1020) that are used in the 
manufacturing of a particular cellulose ether.

[[Page 1142]]

    Cellulose Ethers Production source category means the collection of 
cellulose ether operations that use the cellulose ether process to 
manufacture a particular cellulose ether.
    Cellulose food casing means a cellulose casing, which is 
manufactured using the viscose process, used in forming meat products 
(e.g., hot dogs, sausages) and, in most cases, removed from the meat 
products before sale.
    Cellulose food casing operation means the collection of the 
cellulose food casing process unit and any other equipment, such as heat 
exchanger systems, wastewater and waste management units, or cooling 
towers, that are not associated with an individual cellulose food casing 
process unit, but are located at a cellulose food casing operation for 
the purpose of manufacturing cellulose food casings and are under common 
control.
    Cellulose food casing process unit means all equipment associated 
with the viscose process which collectively function to manufacture 
cellulose food casings and any associated storage vessels, liquid 
streams in open systems (as defined in Sec. 63.149), and equipment (as 
defined in Sec. 63.161) that are used in the manufacturing of cellulose 
food casings.
    Cellulosic sponge means a porous cellulose product, which is 
manufactured using the viscose process and used mainly for consumer use 
(e.g., for cleaning).
    Cellulosic sponge operation means the collection of the cellulosic 
sponge process unit and any other equipment, such as heat exchanger 
systems, wastewater and waste management units, or cooling towers, that 
are not associated with an individual cellulosic sponge process unit, 
but are located at a cellulosic sponge operation for the purpose of 
manufacturing cellulosic sponges and are under common control.
    Cellulosic sponge process unit means all equipment associated with 
the viscose process which collectively function to manufacture 
cellulosic sponges and any associated storage vessels, liquid streams in 
open systems (as defined in Sec. 63.149), and equipment (as defined in 
Sec. 63.161) that are used in the manufacturing of cellulosic sponges.
    Closed-loop system means a system wherein the emission stream is not 
normally vented to the atmosphere but is recycled back to the process.
    Control technique means any equipment or process control used for 
capturing, recovering, treating, or preventing HAP emissions. The 
equipment includes recovery devices and non-recovery control devices, as 
defined in this paragraph. The process control includes cellulose ether 
process changes and viscose process changes, as defined in this 
paragraph.
    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 limit, 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 emission limit, 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.
    Emission point means an individual process vent, storage vessel, 
waste management unit, or equipment leak.
    Extended cookout (ECO) means a cellulose ether process change that 
reduces the amount of unreacted ethylene oxide, propylene oxide, methyl 
chloride, or chloroacetic acid leaving the reactor. This is accomplished 
by allowing the product to react for a longer time, thereby leaving less 
unreacted ethylene oxide, propylene oxide, methyl chloride, or 
chloroacetic acid and reducing emissions of ethylene oxide, propylene 
oxide, methyl chloride, or chloroacetic acid that might have occurred 
otherwise.
    Miscellaneous Viscose Processes source category means the collection 
of cellulose food casing, rayon, cellulosic sponge, and cellophane 
operations that use the viscose process to manufacture a particular 
cellulose product. These cellulose products include cellulose

[[Page 1143]]

food casings, rayon, cellulosic sponges, and cellophane.
    Nitrogen storage system means a system of padding the carbon 
disulfide storage vessels with nitrogen to prevent contact with oxygen.
    Nitrogen unloading and storage system means the combination of a 
nitrogen unloading system for unloading carbon disulfide and a nitrogen 
storage system for storing carbon disulfide.
    Nitrogen unloading system means a system of unloading carbon 
disulfide from railcars to storage vessels using nitrogen displacement 
to prevent gaseous carbon disulfide emissions to the atmosphere and to 
preclude contact with oxygen.
    Non-recovery control device means an individual unit of equipment 
capable of and normally used for the purpose of capturing or treating 
HAP emissions. Examples of equipment that may be non-recovery control 
devices include, but are not limited to, biofilters, caustic scrubbers, 
flares, thermal oxidizers, and water scrubbers.
    Oil absorber means a packed-bed absorber that absorbs pollutant 
vapors using a type of oil (e.g., kerosene) as the absorption liquid.
    Onsite means that records are stored at a location within a major 
source which encompasses the affected source. Onsite includes, but is 
not limited to, storage at the affected source or process unit to which 
the records pertain or storage in central files elsewhere at the major 
source.
    Process vent means a point of discharge to the atmosphere (or the 
point of entry into a control device, if any) of a HAP-containing gas 
stream from the unit operation. Process vents do not include vents with 
a flow rate less than 0.005 standard cubic meter per minute or with a 
concentration less than 50 parts per million by volume (ppmv) of HAP or 
TOC, vents on storage tanks, vents on wastewater emission sources, or 
pieces of equipment regulated under equipment leak standards.
    Rayon means cellulose fibers, which are manufactured using the 
viscose process and used in the production of either textiles (e.g., 
apparel, drapery, upholstery) or non-woven products (e.g., feminine 
hygiene products, wipes, computer disk liners, surgical swabs).
    Rayon operation means the collection of the rayon process unit and 
any other equipment, such as heat exchanger systems, wastewater and 
waste management units, or cooling towers, that are not associated with 
an individual rayon process unit, but are located at a rayon operation 
for the purpose of manufacturing rayon and are under common control.
    Rayon process unit means all equipment associated with the viscose 
process which collectively function to manufacture rayon and any 
associated storage vessels, liquid streams in open systems (as defined 
in Sec. 63.149), and equipment (as defined in Sec. 63.161) that are 
used in the manufacturing of rayon.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering HAP emissions 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, but are not limited to, absorbers, carbon adsorbers, 
condensers, oil-water separators or organic-water separators, or organic 
removal devices such as decanters, strippers, or thin-film evaporation 
units.
    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 this 
vapor headspace in responses to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed position 
during normal operation and open only when the internal

[[Page 1144]]

pressure, or another relevant parameter, exceeds the device threshold 
setting applicable to the air emission control equipment as determined 
by the owner or operator based on manufacturer recommendations, 
applicable regulations, fire protection and prevention codes, standard 
engineering codes and practices, or other requirements for the safe 
handling of flammable, combustible, explosive, reactive, or hazardous 
materials.
    Solvent coating process means a manufacturing process in which 
cellophane film is coated (e.g., with Saran [supreg] or nitrocellulose) 
to impart moisture impermeability to the film and to make it printable. 
Both Saran and nitrocellulose use the same solvents--tetrahydrofuran and 
toluene.
    Storage vessel means a tank or other vessel used to store liquids 
that contain one or more HAP. Storage vessels do not include the 
following:
    (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 (30 pounds per square inch) and without emissions to the 
atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters (10,000 
gallons);
    (4) Vessels and equipment storing and/or handling material that 
contains no HAP or contains HAP as impurities only;
    (5) Bottoms receiver tanks;
    (6) Surge control vessels;
    (7) Wastewater storage vessels; and
    (8) Storage vessels assigned to another process unit regulated under 
another subpart of part 63.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit when in-process storage, mixing, or management of flow rates or 
volumes is needed to assist in production of a product.
    Total HAP means the sum of organic HAP emissions measured using EPA 
Method 18.
    Total sulfide means the sum of emissions for carbon disulfide, 
hydrogen sulfide, and carbonyl sulfide reported as carbon disulfide. 
Total sulfide, as defined for the purposes of this subpart, does not 
include other sulfur compounds, such as sulfur dioxide.
    Viscose process means the following:
    (1) A manufacturing process that includes the following process 
steps:
    (i) Reaction of cellulose (e.g., wood pulp) with sodium hydroxide to 
produce alkali cellulose;
    (ii) Reaction of alkali cellulose with carbon disulfide to produce 
sodium cellulose xanthate;
    (iii) Combination of sodium cellulose xanthate with additional 
sodium hydroxide to produce viscose solution;
    (iv) Extrusion of the viscose into various shapes (e.g., hollow 
casings, thin fibers, thin sheets, molds);
    (v) Regeneration of the cellulose product;
    (vi) Washing of the cellulose product; and
    (vii) Possibly acid or salt recovery.
    (2) The cellulose products manufactured using the viscose process 
include cellulose food casings, rayon, cellulosic sponges, and 
cellophane.
    Viscose process change means a change to the viscose process that 
occurred no earlier than January 1991 that allows either the recovery of 
carbon disulfide or a reduction in carbon disulfide usage in the 
process.
    Wastewater means water that:
    (1) Contains either:
    (i) An annual average concentration of organic HAP (listed in Table 
9 to subpart G of this part) of at least 5 parts per million by weight 
(ppmw) and has an annual average flow rate of 0.02 liter per minute or 
greater; or
    (ii) An annual average concentration of organic HAP (listed in Table 
9 to subpart G of this part) of at least 10,000 ppmw at any flow rate.
    (2) Is discarded from a cellulose food casing, rayon, cellulosic 
sponge, cellophane, or cellulose ether process unit that is part of an 
affected source. Wastewater is process wastewater or maintenance 
wastewater.
    Water storage system means a system of padding the carbon disulfide 
storage vessels with water to prevent contact with oxygen. The water, 
which is saturated with carbon disulfide, is later sent to wastewater 
treatment.
    Water unloading and storage system means the combination of a water 
unloading system for unloading carbon

[[Page 1145]]

disulfide and a water storage system for storing carbon disulfide.
    Water unloading system means a system of unloading carbon disulfide 
from railcars to storage vessels using water displacement to prevent 
gaseous carbon disulfide emissions to the atmosphere and to preclude 
contact with oxygen.
    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.

[67 FR 40055, June 11, 2002, as amended at 70 FR 36524, June 24, 2005; 
70 FR 46693, Aug. 10, 2005]



   Sec. Table 1 to Subpart UUUU of Part 63--Emission Limits and Work 
                           Practice Standards

    As required in Sec. 63.5505(a), you must meet the appropriate 
emission limits and work practice standards in the following table:

------------------------------------------------------------------------
           For . . .                 at . . .          you must . . .
------------------------------------------------------------------------
1. the sum of all viscose       a. each existing   i. reduce total
 process vents.                  cellulose food     uncontrolled sulfide
                                 casing operation.  emissions (reported
                                                    as carbon disulfide)
                                                    by at least 25%
                                                    based on a 6-month
                                                    rolling average;
                                                   ii. for each vent
                                                    stream that you
                                                    control using a
                                                    control device,
                                                    route the vent
                                                    stream through a
                                                    closed-vent system
                                                    to the control
                                                    device; and
                                                   iii. comply with the
                                                    work practice
                                                    standard for closed-
                                                    vent systems.
                                b. each new        i. reduce total
                                 cellulose food     uncontrolled sulfide
                                 casing operation.  emissions (reported
                                                    as carbon disulfide)
                                                    by at least 75%
                                                    based on a 6-month
                                                    rolling average;
                                                   ii. for each vent
                                                    stream that you
                                                    control using a
                                                    control device,
                                                    route the vent
                                                    stream through a
                                                    closed-vent system
                                                    to the control
                                                    device; and
                                                   iii. comply with the
                                                    work practice
                                                    standard for closed-
                                                    vent systems.
                                c. each existing   i. reduce total
                                 rayon operation.   uncontrolled sulfide
                                                    emissions (reported
                                                    as carbon disulfide)
                                                    by at least 35%
                                                    within 3 years after
                                                    the effective date
                                                    based on a 6-month
                                                    rolling average; for
                                                    each vent stream
                                                    that you control
                                                    using a control
                                                    device, route the
                                                    vent stream through
                                                    a closed-vent system
                                                    to the control
                                                    device; and comply
                                                    with the work
                                                    practice standard
                                                    for closed-vent
                                                    systems; and
                                                   ii. reduce total
                                                    uncontrolled sulfide
                                                    emissions (reported
                                                    as carbon disulfide)
                                                    by at least 40%
                                                    within 8 years after
                                                    the effective date
                                                    based on a 6-month
                                                    rolling average; for
                                                    each vent stream
                                                    that you control
                                                    using a control
                                                    device, route the
                                                    vent stream through
                                                    a closed-vent system
                                                    to the control
                                                    device; and comply
                                                    with the work
                                                    practice standard
                                                    for closed-vent
                                                    systems.
                                d. each new rayon  i. reduce total
                                 operation.         uncontrolled sulfide
                                                    emissions (reported
                                                    as carbon disulfide)
                                                    by at least 75%
                                                    based on a 6-month
                                                    rolling average;
                                                   ii. for each vent
                                                    stream that you
                                                    control using a
                                                    control device,
                                                    route the vent
                                                    stream through a
                                                    closed-vent system
                                                    to the control
                                                    device; and
                                                   iii. comply with the
                                                    work practice
                                                    standard for closed-
                                                    vent systems.
                                e. each existing   i. reduce total
                                 or new             uncontrolled sulfide
                                 cellulosic         emissions (reported
                                 sponge operation.  as carbon disulfide)
                                                    by at least 75%
                                                    based on a 6-month
                                                    rolling average;
                                                   ii. for each vent
                                                    stream that you
                                                    control using a
                                                    control device,
                                                    route the vent
                                                    stream through a
                                                    closed-vent system
                                                    to the control
                                                    device; and
                                                   iii. comply with the
                                                    work practice
                                                    standard for closed-
                                                    vent systems.

[[Page 1146]]

 
                                f. each existing   i. reduce total
                                 or new             uncontrolled sulfide
                                 cellophane         emissions (reported
                                 operation.         as carbon disulfide)
                                                    by at least 75%
                                                    based on a 6-month
                                                    rolling average;
                                                   ii. for each vent
                                                    stream that you
                                                    control using a
                                                    control device
                                                    (except for
                                                    retractable hoods
                                                    over sulfuric acid
                                                    baths at a
                                                    cellophane
                                                    operation), route
                                                    the vent stream
                                                    through a closed-
                                                    vent system to the
                                                    control device; and
                                                   iii. comply with the
                                                    work practice
                                                    standard for closed-
                                                    vent systems (except
                                                    for retractable
                                                    hoods over sulfuric
                                                    acid baths at a
                                                    cellophane
                                                    operation).
2. the sum of all solvent       a. each existing   i. reduce
 coating process vents.          or new             uncontrolled toluene
                                 cellophane         emissions by at
                                 operation.         least 95% based on a
                                                    6-month rolling
                                                    average;
                                                   ii. for each vent
                                                    stream that you
                                                    control using a
                                                    control device,
                                                    route the vent
                                                    stream through a
                                                    closed-vent system
                                                    to the control
                                                    device; and
                                                   iii. comply with the
                                                    work practice
                                                    standard for closed-
                                                    vent systems.
3. the sum of all cellulose     a. each existing   i. reduce total
 ether process vents.            or new cellulose   uncontrolled organic
                                 ether operation.   HAP emissions by at
                                                    least 99%;
                                                   ii. for each vent
                                                    stream that you
                                                    control using a
                                                    control device,
                                                    route the vent
                                                    stream through a
                                                    closed-vent system
                                                    to the control
                                                    device; and
                                                   iii. comply with the
                                                    work practice
                                                    standard for closed-
                                                    vent systems.
4. closed-loop systems........  each existing or   comply by operating
                                 new cellulose      the closed-loop
                                 ether operation.   system.
5. each carbon disulfide        a. each existing   i. reduce
 unloading and storage           or new viscose     uncontrolled carbon
 operation.                      process affected   disulfide emissions
                                 source.            by at least 83% from
                                                    unloading and
                                                    storage operations
                                                    based on a 6-month
                                                    rolling average if
                                                    you use an
                                                    alternative control
                                                    technique not listed
                                                    in this table source
                                                    for carbon disulfide
                                                    unloading and
                                                    storage operations;
                                                    if using a control
                                                    device to reduce
                                                    emissions, route
                                                    emissions through a
                                                    closed-vent system
                                                    to the control
                                                    device; and comply
                                                    with the work
                                                    practice standard
                                                    for closed-vent
                                                    systems;
                                                   ii. reduce
                                                    uncontrolled carbon
                                                    disulfide emissions
                                                    by at least 0.14%
                                                    from viscose process
                                                    vents based on a 6-
                                                    month rolling
                                                    average; for each
                                                    vent stream that you
                                                    control using a
                                                    control device,
                                                    route the vent
                                                    stream through a
                                                    closed-vent system
                                                    to the control
                                                    device; and comply
                                                    with the work
                                                    practice standard
                                                    for closed-vent
                                                    systems;
                                                   iii. install a
                                                    nitrogen unloading
                                                    and storage system
                                                    (as defined in Sec.
                                                     63.5610); or
                                                   iv. install a
                                                    nitrogen unloading
                                                    system (as defined
                                                    in Sec. 63.5610);
                                                    reduce uncontrolled
                                                    carbon disulfide
                                                    emissions by at
                                                    least 0.045% from
                                                    viscose process
                                                    vents based on a 6-
                                                    month rolling
                                                    average; for each
                                                    vent stream that you
                                                    control, route the
                                                    vent stream through
                                                    a closed-vent to the
                                                    control device; and
                                                    comply with the work
                                                    practice standard
                                                    for closed-vent
                                                    systems.
6. each toluene storage vessel  a. each existing   i. reduce
                                 or new             uncontrolled toluene
                                 cellophane         emissions by at
                                 operation.         least 95% based on a
                                                    6-month rolling
                                                    average;
                                                   ii. if using a
                                                    control device to
                                                    reduce emissions,
                                                    route the emissions
                                                    through a closed-
                                                    vent system to the
                                                    control device; and
                                                   iii. comply with the
                                                    work practice
                                                    standard for closed-
                                                    vent systems.

[[Page 1147]]

 
7. equipment leaks............  a. each existing   i. comply with the
                                 or new cellulose   applicable equipment
                                 ether operation.   leak standards of
                                                    Sec. Sec. 63.162
                                                    through 63.179,
                                                    except that
                                                    references to
                                                    ``process unit''
                                                    mean ``cellulose
                                                    ether process unit''
                                                    for the purposes of
                                                    this subpart; or
                                                   ii. comply with the
                                                    applicable equipment
                                                    leak standards of
                                                    Sec. Sec. 63.1021
                                                    through 63.1037,
                                                    except that
                                                    references to
                                                    ``process unit''
                                                    mean ``cellulose
                                                    ether process unit''
                                                    for the purposes of
                                                    this subpart.
8. all sources of wastewater    each existing or   comply with the
 emissions.                      new cellulose      applicable
                                 ether operation.   wastewater
                                                    provisions of Sec.
                                                    Sec. 63.105 and
                                                    63.132 through
                                                    63.140.
9. liquid streams in open       each existing or   comply with the
 systems.                        new cellulose      applicable
                                 ether operation.   provisions or Sec.
                                                    63.149, except that
                                                    references to
                                                    ``chemical
                                                    manufacturing
                                                    process unit'' ether
                                                    means ``cellulose
                                                    ether process unit''
                                                    for the purposes of
                                                    this subpart.
10. closed-vent system used to  each existing or   conduct annual
 route emissions to a control    new affected       inspections, repair
 device.                         source (except     leaks, and maintain
                                 for retractable    records as specified
                                 hoods over         in Sec. 63.148.
                                 sulfuric acid
                                 baths at a
                                 cellophane
                                 operation).
11. closed-vent system          a. each existing   (i) install,
 containing a bypass line that   or new affected    calibrate, maintain,
 could divert a vent stream      source (except     and operate a flow
 away from a control device,     for retractable    indicator as
 except for equipment needed     hoods over         specified in Sec.
 for safety purposes             sulfuric acid      63.148(f)(1); or
 (described in Sec. baths at a        (ii) secure the
 63.148(f)(3).                   cellophane         bypass line valve in
                                 operation).        the closed position
                                                    with a car-seal or
                                                    lock-and-key type
                                                    configuration and
                                                    inspect the seal or
                                                    closure mechanism at
                                                    least once per month
                                                    as specified in Sec.
                                                      63.148(f)(2)).
12. heat exchanger system that  each existing or   monitor and repair
 cools process equipment or      new affected       the heat exchanger
 materials in the process unit.  source.            system according to
                                                    Sec. 63.104(a)
                                                    through (e), except
                                                    that references to
                                                    ``chemical
                                                    manufacturing
                                                    process unit'' mean
                                                    ``cellulose food
                                                    casing, rayon,
                                                    cellulosic sponge,
                                                    cellophane, or
                                                    cellulose ether
                                                    process unit'' for
                                                    the purposes of this
                                                    subpart.
------------------------------------------------------------------------


[67 FR 40055, June 11, 2002, as amended at 70 FR 46694, Aug. 10, 2005]



        Sec. Table 2 to Subpart UUUU of Part 63--Operating Limits

    As required in Sec. 63.5505(b), you must meet the appropriate 
operating limits in the following table:

------------------------------------------------------------------------
For the following control technique . .
                   .                              you must . . .
------------------------------------------------------------------------
1. condenser...........................  maintain the daily average
                                          condenser outlet gas or
                                          condensed liquid temperature
                                          no higher than the value
                                          established during the
                                          compliance demonstration.
2. thermal oxidizer....................  a. for periods of normal
                                          operation, maintain the daily
                                          average thermal oxidizer
                                          firebox temperature no lower
                                          than the value established
                                          during the compliance
                                          demonstration;
                                         b. after December 29, 2020, for
                                          existing sources (and new or
                                          reconstructed sources for
                                          which construction or
                                          reconstruction commenced on or
                                          before September 9, 2019), and
                                          on July 2, 2020, or
                                          immediately upon startup,
                                          whichever is later for new or
                                          reconstructed sources for
                                          which construction or
                                          reconstruction commenced after
                                          September 9, 2019, maintain
                                          documentation for periods of
                                          startup demonstrating that the
                                          oxidizer was properly
                                          operating (e.g., firebox
                                          temperature had reached the
                                          setpoint temperature) prior to
                                          emission unit startup.
3. water scrubber......................  a. for periods of normal
                                          operation, maintain the daily
                                          average scrubber pressure drop
                                          and scrubber liquid flow rate
                                          within the range of values
                                          established during the
                                          compliance demonstration;

[[Page 1148]]

 
                                         b. after December 29, 2020, for
                                          existing sources (and new or
                                          reconstructed sources for
                                          which construction or,
                                          reconstruction commenced on or
                                          before September 9, 2019), and
                                          on July 2, 2020, or
                                          immediately upon startup,
                                          whichever is later for new or
                                          reconstructed sources for
                                          which construction or
                                          reconstruction commenced after
                                          September 9, 2019, maintain
                                          documentation for periods of
                                          startup and shutdown to
                                          confirm that the scrubber is
                                          operating properly prior to
                                          emission unit startup and
                                          continues to operate properly
                                          until emission unit shutdown
                                          is complete. Appropriate
                                          startup and shutdown operating
                                          parameters may be based on
                                          equipment design,
                                          manufacturer's
                                          recommendations, or other site-
                                          specific operating values
                                          established for normal
                                          operating periods.
4. caustic scrubber....................  a. for periods of normal
                                          operation, maintain the daily
                                          average scrubber pressure
                                          drop, scrubber liquid flow
                                          rate, and scrubber liquid pH,
                                          conductivity, or alkalinity
                                          within the range of values
                                          established during the
                                          compliance demonstration;
                                         b. after December 29, 2020, for
                                          existing sources (and new or
                                          reconstructed sources for
                                          which construction or
                                          reconstruction commenced on or
                                          before September 9, 2019), and
                                          on July 2, 2020, or
                                          immediately upon startup,
                                          whichever is later for new or
                                          reconstructed sources for
                                          which construction or
                                          reconstruction commenced after
                                          September 9, 2019, maintain
                                          documentation for periods of
                                          startup and shutdown to
                                          confirm that the scrubber is
                                          operating properly prior to
                                          emission unit startup and
                                          continues to operate properly
                                          until emission unit shutdown
                                          is complete. Appropriate
                                          startup and shutdown operating
                                          parameters may be based on
                                          equipment design,
                                          manufacturer's
                                          recommendations, or other site-
                                          specific operating values
                                          established for normal
                                          operating periods.
5. flare...............................  maintain the presence of a
                                          pilot flame.
6. biofilter...........................  maintain the daily average
                                          biofilter inlet gas
                                          temperature, biofilter
                                          effluent pH or conductivity,
                                          and pressure drop within the
                                          operating values established
                                          during the compliance
                                          demonstration.
7. carbon absorber.....................  maintain the regeneration
                                          frequency, total regeneration
                                          adsorber stream mass or
                                          volumetric flow during carbon
                                          bed regeneration, and
                                          temperature of the carbon bed
                                          after regeneration (and within
                                          15 minutes of completing any
                                          cooling cycle(s)) for each
                                          regeneration cycle within the
                                          values established during the
                                          compliance demonstration.
8. oil absorber........................  maintain the daily average
                                          absorption liquid flow,
                                          absorption liquid temperature,
                                          and steam flow within the
                                          values established during the
                                          compliance demonstration.
9. any of the control techniques         if using a CEMS, maintain the
 specified in this table.                 daily average control
                                          efficiency of each control
                                          device no lower than the value
                                          established during the
                                          compliance demonstration.
10. any of the control techniques        a. if you wish to establish
 specified in this table.                 alternative operating
                                          parameters, submit the
                                          application for approval of
                                          the alternative operating
                                          parameters no later than the
                                          notification of the
                                          performance test or CEMS
                                          performance evaluation or no
                                          later than 60 days prior to
                                          any other initial compliance
                                          demonstration;
                                         b. the application must
                                          include: Information
                                          justifying the request for
                                          alternative operating
                                          parameters (such as the
                                          infeasibility or
                                          impracticality of using the
                                          operating parameters in this
                                          final rule); a description of
                                          the proposed alternative
                                          control device operating
                                          parameters; the monitoring
                                          approach; the frequency of
                                          measuring and recording the
                                          alternative parameters; how
                                          the operating limits are to be
                                          calculated; and information
                                          documenting that the
                                          alternative operating
                                          parameters would provide
                                          equivalent or better assurance
                                          of compliance with the
                                          standard;
                                         c. install, operate, and
                                          maintain the alternative
                                          parameter monitoring systems
                                          in accordance with the
                                          application approved by the
                                          Administrator;
                                         d. establish operating limits
                                          during the initial compliance
                                          demonstration based on the
                                          alternative operating
                                          parameters included in the
                                          approved application; and
                                         e. maintain the daily average
                                          alternative operating
                                          parameter values within the
                                          values established during the
                                          compliance demonstration.
11. alternative control technique......  a. submit for approval no later
                                          than the notification of the
                                          performance test or CEMS
                                          performance evaluation or no
                                          later than 60 days prior to
                                          any other initial compliance
                                          demonstration a proposed site-
                                          specific plan that includes: A
                                          description of the alternative
                                          control device; test results
                                          verifying the performance of
                                          the control device; the
                                          appropriate operating
                                          parameters that will be
                                          monitored; and the frequency
                                          of measuring and recording to
                                          establish continuous
                                          compliance with the operating
                                          limits;
                                         b. install, operate, and
                                          maintain the parameter
                                          monitoring system for the
                                          alternative control device in
                                          accordance with the plan
                                          approved by the Administrator;
                                         c. establish operating limits
                                          during the initial compliance
                                          demonstration based on the
                                          operating parameters for the
                                          alternative control device
                                          included in the approved plan;
                                          and

[[Page 1149]]

 
                                         d. maintain the daily average
                                          operating parameter values for
                                          the alternative control
                                          technique within the values
                                          established during the
                                          compliance demonstration.
------------------------------------------------------------------------


[85 FR 39997, July 2, 2020]



    Sec. Table 3 to Subpart UUUU of Part 63--Initial Compliance With 
               Emission Limits and Work Practice Standards

    As required in Sec. Sec. 63.5530(a) and 63.5535(g) and (h), you 
must demonstrate initial compliance with the appropriate emission limits 
and work practice standards according to the requirements in the 
following table:

----------------------------------------------------------------------------------------------------------------
                                                                   for the following      you have demonstrated
              For . . .                        at . . .          emission limit or work  initial compliance if .
                                                                practice standard . . .            . .
----------------------------------------------------------------------------------------------------------------
1. the sum of all viscose process      a. each existing         i. reduce total          (1) the average
 vents.                                 cellulose food casing    uncontrolled sulfide     uncontrolled total
                                        operation.               emissions (reported as   sulfide emissions,
                                                                 carbon disulfide) by     determined during the
                                                                 at least 25 percent      month-long compliance
                                                                 based on a 6-month       demonstration or using
                                                                 rolling average;.        engineering
                                                                ii. for each vent         assessments, are
                                                                 stream that you          reduced by at least 25
                                                                 control using a          percent;
                                                                 control device, route   (2) you have a record
                                                                 the vent stream          of the range of
                                                                 through a closed-vent    operating parameter
                                                                 system to the control    values over the month-
                                                                 device; and.             long compliance
                                                                iii. comply with the      demonstration during
                                                                 work practice standard   which the average
                                                                 for closed-vent          uncontrolled total
                                                                 systems.                 sulfide emissions were
                                                                                          reduced by at least 25
                                                                                          percent;
                                                                                         (3) you prepare a
                                                                                          material balance that
                                                                                          includes the pertinent
                                                                                          data used to determine
                                                                                          the percent reduction
                                                                                          of total sulfide
                                                                                          emissions; and
                                                                                         (4) you comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems.
                                       b. each new cellulose    i. reduce total          (1) the average
                                        food casing operation.   uncontrolled sulfide     uncontrolled total
                                                                 emissions (reported as   sulfide emissions,
                                                                 carbon disulfide) by     determined during the
                                                                 at least 75 percent      month-long compliance
                                                                 based on a 6-month       demonstration or using
                                                                 rolling average;.        engineering
                                                                ii. for each vent         assessments, are
                                                                 stream that you          reduced by at least 75
                                                                 control using a          percent;
                                                                 control device, route   (2) you have a record
                                                                 the vent stream          of the range of
                                                                 through a closed-vent    operating parameter
                                                                 system to the control    values over the month-
                                                                 device; and.             long compliance
                                                                iii. comply with the      demonstration during
                                                                 work practice standard   which the average
                                                                 for closed-vent          uncontrolled total
                                                                 systems..                sulfide emissions were
                                                                                          reduced by at least 75
                                                                                          percent;
                                                                                         (3) you prepare a
                                                                                          material balance that
                                                                                          includes the pertinent
                                                                                          data used to determine
                                                                                          the percent reduction
                                                                                          of total sulfide
                                                                                          emissions; and
                                                                                         (4) you comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems.

[[Page 1150]]

 
                                       c. each existing rayon   i. reduce total          (1) the average
                                        operation.               uncontrolled sulfide     uncontrolled total
                                                                 emissions (reported as   sulfide emissions,
                                                                 carbon disulfide) by     determined during the
                                                                 at least 35 percent      month-long compliance
                                                                 within 3 years after     demonstration or using
                                                                 the effective date       engineering
                                                                 based on a 6-month       assessments, are
                                                                 rolling average; for     reduced by at least 35
                                                                 each vent stream that    percent within 3 years
                                                                 you control using a      after the effective
                                                                 control device, route    date;
                                                                 the vent stream         (2) you have a record
                                                                 through a closed-vent    of the average
                                                                 system to the control    operating parameter
                                                                 device; and comply       values over the month-
                                                                 with the work practice   long compliance
                                                                 standard for closed-     demonstration during
                                                                 vent systems; and.       which the average
                                                                                          uncontrolled total
                                                                                          sulfide emissions were
                                                                                          reduced by at least 35
                                                                                          percent;
                                                                                         (3) you prepare a
                                                                                          material balance that
                                                                                          includes the pertinent
                                                                                          data used to determine
                                                                                          the percent reduction
                                                                                          of total sulfide
                                                                                          emissions; and
                                                                                         (4) you comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems;
                                                                                          and
                                                                ii. reduce total         (1) the average
                                                                 uncontrolled sulfide     uncontrolled total
                                                                 emissions (reported as   sulfide emissions,
                                                                 carbon disulfide) by     determined during the
                                                                 at least 40 percent      month-long compliance
                                                                 within 8 years after     demonstration or using
                                                                 the effective date       engineering
                                                                 based on a 6-month       assessments, are
                                                                 rolling average; for     reduced by at least 40
                                                                 each vent stream that    percent within 8 years
                                                                 you control using a      after the effective
                                                                 control device, route    date;
                                                                 the vent stream         (2) you have a record
                                                                 through a closed-vent    of the average
                                                                 system to the control    operating parameter
                                                                 device; and comply       values over the month-
                                                                 with the work practice   long compliance
                                                                 standard for closed-     demonstration during
                                                                 vent systems..           which the average
                                                                                          uncontrolled total
                                                                                          sulfide emissions were
                                                                                          reduced by at least 40
                                                                                          percent;
                                                                                         (3) you prepare a
                                                                                          material balance that
                                                                                          includes the pertinent
                                                                                          data used to determine
                                                                                          the percent reduction
                                                                                          of the total sulfide
                                                                                          emissions; and
                                                                                         (4) you comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems.
                                       d. each new rayon        i. reduce total          (1) the average
                                        operation.               uncontrolled sulfide     uncontrolled total
                                                                 emissions (reported as   sulfide emissions,
                                                                 carbon disulfide) by     determined during the
                                                                 at least 75 percent;     month-long compliance
                                                                 based on a 6-month       demonstration or using
                                                                 rolling average;.        engineering
                                                                ii. for each vent         assessments, are
                                                                 stream that you          reduced by at least 75
                                                                 control using a          percent;
                                                                 control device, route   (2) you have a record
                                                                 the vent stream          of the average
                                                                 through a closed-vent    operating parameter
                                                                 system to the control    values over the month-
                                                                 device; and.             long compliance
                                                                iii. comply with the      demonstration during
                                                                 work practice standard   which the average
                                                                 for closed-vent          uncontrolled total
                                                                 systems..                sulfide emissions were
                                                                                          reduced by at least 75
                                                                                          percent;
                                                                                         (3) you prepare a
                                                                                          material balance that
                                                                                          includes the pertinent
                                                                                          data used to determine
                                                                                          the percent reduction
                                                                                          of total sulfide
                                                                                          missions; and
                                                                                         (4) you comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems.

[[Page 1151]]

 
                                       e. each existing or new  i. reduce total          (1) the average
                                        cellulosic sponge        uncontrolled sulfide     uncontrolled total
                                        operation.               emissions (reported as   sulfide emissions,
                                                                 carbon disulfide) by     determined during the
                                                                 at least 75 percent      month-long compliance
                                                                 based on a 6-month       demonstration or using
                                                                 rolling average;.        engineering
                                                                ii. for each vent         assessments, are
                                                                 stream that you          reduced by at least 75
                                                                 control using a          percent;
                                                                 control device, route   (2) you have a record
                                                                 the vent stream          of the average
                                                                 through a closed-vent    operating parameter
                                                                 system to the control    values over the month-
                                                                 device; and.             long compliance
                                                                iii. comply with the      demonstration during
                                                                 work practice standard   which the average
                                                                 for closed-vent          uncontrolled total
                                                                 systems..                sulfide emissions were
                                                                                          reduced by at least 75
                                                                                          percent;
                                                                                         (3) you prepare a
                                                                                          material balance that
                                                                                          includes the pertinent
                                                                                          data used to determine
                                                                                          and the percent
                                                                                          reduction of total
                                                                                          sulfide emissions; and
                                                                                         (4) you comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems.
                                       f. each existing or new  i. reduce total          (1) the average
                                        cellophane operation.    uncontrolled sulfide     uncontrolled total
                                                                 emissions (reported as   sulfide emissions,
                                                                 carbon disulfide) by     determined during the
                                                                 at least 75 percent      month-long compliance
                                                                 based on a 6-month       demonstration or using
                                                                 rolling average;.        engineering
                                                                ii. for each vent         assessments, are
                                                                 stream that you          reduced by at least 75
                                                                 control using a          percent;
                                                                 control device (except  (2) you have a record
                                                                 for retractable hoods    of the average
                                                                 over sulfuric acid       operating parameter
                                                                 baths at a cellophane    values over the month-
                                                                 operation), route the    long compliance
                                                                 vent stream through a    demonstration during
                                                                 closed-vent system to    which the average
                                                                 the control device;      uncontrolled total
                                                                 and.                     sulfide emissions were
                                                                iii. comply with the      reduced by at least 75
                                                                 work practice standard   percent;
                                                                 for closed-vent         (3) you prepare a
                                                                 systems..                material balance that
                                                                                          includes the pertinent
                                                                                          data used to determine
                                                                                          the percent reduction
                                                                                          of total sulfide
                                                                                          emissions; and
                                                                                         (4) you comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems.
2. the sum of all solvent coating      a. each existing or new  i. reduce uncontrolled   (1) the average
 process vents.                         cellophane operation.    toluene emissions by     uncontrolled toluene
                                                                 at least 95 percent      emissions, determined
                                                                 based on a 6-month       during the month-long
                                                                 rolling average;.        compliance
                                                                ii. for each vent         demonstration or using
                                                                 stream that you          engineering
                                                                 control using a          assessments, are
                                                                 control device, route    reduced by at least 95
                                                                 the vent stream          percent;
                                                                 through a closed-vent   (2) you have a record
                                                                 system to the control    of the average
                                                                 device; and.             operating parameter
                                                                iii. comply with the      values over the month-
                                                                 work practice standard   long compliance
                                                                 for closed-vent          demonstration during
                                                                 systems..                which the average
                                                                                          uncontrolled toluene
                                                                                          emissions were reduced
                                                                                          by at least 95
                                                                                          percent;
                                                                                         (3) you prepare a
                                                                                          material balance that
                                                                                          includes the pertinent
                                                                                          data used to determine
                                                                                          the percent reduction
                                                                                          of toluene emissions;
                                                                                          and
                                                                                         (4) you comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems.

[[Page 1152]]

 
3. the sum of all cellulose ether      a. each existing or new  i. reduce total          (1) average
 process vents.                         cellulose ether          uncontrolled organic     uncontrolled total
                                        operation using a        HAP emissions by at      organic HAP emissions,
                                        performance test to      least 99 percent;.       measured during the
                                        demonstrate initial     ii. for each vent         performance test or
                                        compliance; or.          stream that you          determined using
                                                                 control using a          engineering estimates
                                                                 control device, route    are reduced by at
                                                                 the vent stream          least 99 percent;
                                                                 through a closed-vent   (2) you have a record
                                                                 system to the control    of the average
                                                                 device; and.             operating parameter
                                                                iii. comply with the      values over the
                                                                 work practice standard   performance test
                                                                 for closed-vent          during which the
                                                                 systems..                average uncontrolled
                                                                                          total organic HAP
                                                                                          emissions were reduced
                                                                                          by at least 99
                                                                                          percent; and
                                                                                         (3) you comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems.
                                       b. each existing or new  i. reduce total          (1) average
                                        cellulose ether          uncontrolled organic     uncontrolled total
                                        operation using a        HAP emissions by at      organic HAP emissions,
                                        material balance         least 99 percent based   determined during the
                                        compliance               on a 6-month rolling     month-long compliance
                                        demonstration to         average;.                demonstration or using
                                        demonstrate initial     ii. for each vent         engineering estimates
                                        compliance.              stream that you          are reduced by at
                                                                 control using a          least 99 percent;
                                                                 control device, route   (2) you have a record
                                                                 the vent stream          of the average
                                                                 through a closed-vent    operation parameter
                                                                 system to the control    values over the month-
                                                                 device; and.             long compliance
                                                                iii. comply with the      demonstration during
                                                                 work practice standard   which the average
                                                                 for closed-vent          uncontrolled total
                                                                 systems..                organic HAP emissions
                                                                                          were reduced by at
                                                                                          least 99 percent;
                                                                                         (3) you prepare a
                                                                                          material balance that
                                                                                          includes the pertinent
                                                                                          data used to determine
                                                                                          the percent reduction
                                                                                          of total organic HAP
                                                                                          emissions;
                                                                                         (4) if you use extended
                                                                                          cookout to comply, you
                                                                                          measure the HAP
                                                                                          charged to the
                                                                                          reactor, record the
                                                                                          grade of product
                                                                                          produced, and then
                                                                                          calculate reactor
                                                                                          emissions prior to
                                                                                          extended cookout by
                                                                                          taking a percentage of
                                                                                          the total HAP charged.
4. closed-loop systems...............  each existing or new     operate and maintain     you have a record
                                        cellulose ether          the closed-loop system   certifying that a
                                        operation.               for cellulose ether      closed-loop system is
                                                                 operations..             in use for cellulose
                                                                                          ether operations.
5. each carbon disulfide unloading     a. each existing or new  i. reduce uncontrolled   (1) you have a record
 and storage operation.                 viscose process          carbon disulfide         documenting the 83-
                                        affected source.         emissions by at least    percent reduction in
                                                                 83 percent from          uncontrolled carbon
                                                                 unloading and storage    disulfide emissions;
                                                                 operations based on a    and
                                                                 6-month rolling         (2) if venting to a
                                                                 average if you use an    control device to
                                                                 alternative control      reduce emissions, you
                                                                 technique not listed     comply with the
                                                                 in this table for        initial compliance
                                                                 carbon disulfide         requirements for
                                                                 unloading and storage    closed-vent systems;
                                                                 operations; if using a
                                                                 control device to
                                                                 reduce emissions,
                                                                 route emissions
                                                                 through a closed-vent
                                                                 system to the control
                                                                 device; and comply
                                                                 with the work practice
                                                                 standard for closed-
                                                                 vent systems;.

[[Page 1153]]

 
                                                                ii. reduce uncontrolled  (1) you comply with the
                                                                 carbon disulfide by at   initial compliance
                                                                 least 0.14 percent       requirements for
                                                                 from viscose process     viscose process vents
                                                                 vents based on a 6-      at existing or new
                                                                 month rolling average;   cellulose food casing,
                                                                 for each vent stream     rayon, cellulosic
                                                                 that you control using   sponge, or cellophane
                                                                 a control device,        operations, as
                                                                 route the vent stream    applicable;
                                                                 through a closed-vent   (2) the 0.14-percent
                                                                 system to the control    reduction must be in
                                                                 device; and comply       addition to the
                                                                 with the work practice   reduction already
                                                                 standard for closed-     required for viscose
                                                                 vent systems;.           process vents at
                                                                                          existing or new
                                                                                          cellulose food casing,
                                                                                          rayon, cellulosic
                                                                                          sponge, or cellophane
                                                                                          operations, as
                                                                                          applicable; and
                                                                                         (3) you comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems;
                                                                iii. install a nitrogen  you have a record
                                                                 unloading and storage    certifying that a
                                                                 system; or.              nitrogen unloading and
                                                                                          storage system is in
                                                                                          use; or
                                                                iv. install a nitrogen   (1) you have a record
                                                                 unloading system;        certifying that a
                                                                 reduce uncontrolled      nitrogen unloading
                                                                 carbon disulfide by at   system is in use;
                                                                 least 0.045 percent     (2) you comply with the
                                                                 from viscose process     initial compliance
                                                                 vents based on a 6-      requirements for
                                                                 month rolling average;   viscose process vents
                                                                 for each vent stream     at existing or new
                                                                 that you control using   cellulose food casing,
                                                                 a control device,        rayon, cellulosic
                                                                 route the vent stream    sponge, or cellophane
                                                                 through a closed-vent    operations, as
                                                                 system to the control    applicable;
                                                                 device; and comply      (3) the 0.045-percent
                                                                 with the work practice   reduction must be in
                                                                 standard for closed-     addition to the
                                                                 vent systems..           reduction already
                                                                                          required for viscose
                                                                                          process vents at
                                                                                          cellulose food casing,
                                                                                          rayon, cellulosic
                                                                                          sponge, or cellophane
                                                                                          operations, as
                                                                                          applicable; and
                                                                                         (4) you comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems.
6. each toluene storage vessel.......  a. each existing or new  i. reduce uncontrolled   (1) the average
                                        cellophane operation.    toluene emissions by     uncontrolled toluene
                                                                 at least 95 percent      emissions, determined
                                                                 based on a 6-month       during the month-long
                                                                 rolling average;.        compliance
                                                                ii. if using a control    demonstration or using
                                                                 device to reduce         engineering
                                                                 emissions, route the     assessments, are
                                                                 emissions through a      reduced by at least 95
                                                                 closed-vent system to    percent;
                                                                 the control device;     (2) you have a record
                                                                 and.                     of the average
                                                                iii. comply with the      operating parameter
                                                                 work practice standard   values over the month-
                                                                 for closed-vent          long compliance
                                                                 systems..                demonstration during
                                                                                          which the average
                                                                                          uncontrolled toluene
                                                                                          emissions were reduced
                                                                                          by at least 95
                                                                                          percent;
                                                                                         (3) you prepare a
                                                                                          material balance that
                                                                                          includes the pertinent
                                                                                          data used to determine
                                                                                          the percent reduction
                                                                                          of toluene emissions;
                                                                                          and
                                                                                         (4) if venting to a
                                                                                          control device to
                                                                                          reduce emissions, you
                                                                                          comply with the
                                                                                          initial compliance
                                                                                          requirements for
                                                                                          closed-vent systems.
7. equipment leaks...................  a. each existing or new  i. comply with the       you comply with the
                                        cellulose ether          applicable equipment     applicable
                                        operation.               leak standards of Sec. requirements described
                                                                  Sec. 63.162 through   in the Notification of
                                                                 63.179; or.              Compliance Status
                                                                                          Report provisions in
                                                                                          Sec. 63.182(a)(2)
                                                                                          and (c)(1) through
                                                                                          (3), except that
                                                                                          references to the term
                                                                                          ``process unit'' mean
                                                                                          ``cellulose ether
                                                                                          process unit'' for the
                                                                                          purposes of this
                                                                                          subpart; or

[[Page 1154]]

 
                                                                ii. comply with the      you comply with the
                                                                 applicable equipment     applicable
                                                                 leak standards of Sec. requirements described
                                                                  Sec. 63.1021          in the Initial
                                                                 through 63.1027..        Compliance Status
                                                                                          Report provisions of
                                                                                          Sec. 63.1039(a),
                                                                                          except that references
                                                                                          to the term ``process
                                                                                          unit'' mean
                                                                                          ``cellulose ether
                                                                                          process unit'' for the
                                                                                          purposes of this
                                                                                          subpart.
8. all sources of wastewater           each existing or new     comply with the          you comply with the
 emissions.                             cellulose ether          applicable wastewater    applicability and
                                        operation.               provisions of Sec. Group 1/Group 2
                                                                 63.105 and Sec. Sec. determination
                                                                  63.132 through          provisions of Sec.
                                                                 63.140..                 63.144 and the initial
                                                                                          compliance provisions
                                                                                          of Sec. Sec. 63.105
                                                                                          and 63.145.
9. liquid streams in open systems....  each existing or new     comply with the          you install emission
                                        cellulose ether          applicable provisions    suppression equipment
                                        operation.               of Sec. 63.149,        and conduct an initial
                                                                 except that references   inspection according
                                                                 to ``chemical            to the provisions of
                                                                 manufacturing process    Sec. Sec. 63.133
                                                                 unit'' mean              through 63.137.
                                                                 ``cellulose ether
                                                                 process unit'' for the
                                                                 purposes of this
                                                                 subpart..
10. closed-vent system used to route   a. each existing or new  i. conduct annual        (1) you conduct an
 emissions to a control device.         affected source.         inspections, repair      initial inspection of
                                                                 leaks, and maintain      the closed-vent system
                                                                 records as specified     and maintain records
                                                                 in Sec. 63.148..       according to Sec.
                                                                                          63.148;
                                                                                         (2) you prepare a
                                                                                          written plan for
                                                                                          inspecting unsafe-to-
                                                                                          inspect and difficult-
                                                                                          to-inspect equipment
                                                                                          according to Sec.
                                                                                          63.148(g)(2) and
                                                                                          (h)(2); and
                                                                                         (3) you repair any
                                                                                          leaks and maintain
                                                                                          records according to
                                                                                          Sec. 63.148.
11. closed-vent system containing a    a. each existing or new  i. install, calibrate,   you have a record
 bypass line that could divert a vent   affected source.         maintain, and operate    documenting that you
 stream away from a control device,                              a flow indicator as      installed a flow
 except for equipment needed for                                 specified in Sec. indicator as specified
 safety purposes (described in Sec. 63.148(f)(1); or.        in Table 1 to this
 63.148(f)(3)).                                                                           subpart; or
                                                                ii. secure the bypass    you have record
                                                                 line valve in the        documenting that you
                                                                 closed position with a   have secured the
                                                                 car-seal or lock-and-    bypass line valve as
                                                                 key type configuration   specified in Table 1
                                                                 and inspect the seal     to this subpart.
                                                                 or closure mechanism
                                                                 at least once per
                                                                 month as specified in
                                                                 Sec. 63.148(f)(2).
12. heat exchanger system that cools   a. each existing or new  i. monitor and repair    (1) you determine that
 process equipment or materials in      affected source.         the heat exchanger       the heat exchanger
 the process unit.                                               system according to      system is exempt from
                                                                 Sec. 63.104(a)         monitoring
                                                                 through (e), except      requirements because
                                                                 that references to       it meets one of the
                                                                 ``chemical               conditions in Sec.
                                                                 manufacturing process    63.104(a)(1) through
                                                                 unit'' mean              (6), and you document
                                                                 ``cellulose food         this finding in your
                                                                 casing, rayon,           Notification of
                                                                 cellulosic sponge,       Compliance Status
                                                                 cellophane, or           Report; or
                                                                 cellulose ether         (2) if your heat
                                                                 process unit'' for the   exchanger system is
                                                                 purposes of this         not exempt, you
                                                                 subpart..                identify in your
                                                                                          Notification of
                                                                                          Compliance Status
                                                                                          Report the HAP or
                                                                                          other representative
                                                                                          substance that you
                                                                                          will monitor, or you
                                                                                          prepare and maintain a
                                                                                          site-specific plan
                                                                                          containing the
                                                                                          information required
                                                                                          by Sec.
                                                                                          63.104(c)(1)(i)
                                                                                          through (iv) that
                                                                                          documents the
                                                                                          procedures you will
                                                                                          use to detect leaks by
                                                                                          monitoring surrogate
                                                                                          indicators of the
                                                                                          leak.
----------------------------------------------------------------------------------------------------------------


[85 FR 39998, July 2, 2020]

[[Page 1155]]



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

    As required in Sec. Sec. 63.5530(b) and 63.5535(a), (b), (g)(1), 
and (h)(1), you must conduct performance tests, other initial compliance 
demonstrations, and CEMS performance evaluations and establish operating 
limits according to the requirements in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                               according to the
           For . . .                  at . . .         you must . . .        using . . .          following
                                                                                              requirements . . .
----------------------------------------------------------------------------------------------------------------
1. the sum of all process vents  a. each existing    i. select sampling  EPA Method 1 or 1A  sampling sites must
                                  or new affected     port's location     in appendix A-1     be located at the
                                  source.             and the number of   to part 60 of       inlet and outlet
                                                      traverse points;    this chapter;       to each control
                                                                                              device;
                                                     ii. determine       EPA Method 2, 2A,   you may use EPA
                                                      velocity and        2C, 2D, 2F, or 2G   Method 2A, 2C, 2D,
                                                      volumetric flow     in appendices A-1   2F, or 2G as an
                                                      rate;.              and A-2 to part     alternative to
                                                                          60 of this          using EPA Method
                                                                          chapter;            2, as appropriate;
                                                     iii. conduct gas    (1) EPA Method 3,   you may use EPA
                                                      analysis; and,      3A, or 3B in        Method 3A or 3B as
                                                                          appendix A-2 to     an alternative to
                                                                          part 60 of this     using EPA Method
                                                                          chapter; or,        3; or,
                                                                         (2) ASME PTC 19.10- you may use ASME
                                                                          1981--Part 10       PTC 19.10-1981--
                                                                          (incorporated by    Part 10 as an
                                                                          reference--see      alternative to
                                                                          Sec. 63.14);      using the manual
                                                                          and,                procedures (but
                                                                                              not instrumental
                                                                                              procedures) in EPA
                                                                                              Method 3B.
                                                     iv. measure         EPA Method 4 in
                                                      moisture content    appendix A-3 to
                                                      of the stack gas.   part 60 of this
                                                                          chapter.
2. the sum of all viscose        a. each existing    i. measure total    (1) EPA Method 15   (a) you must
 process vents.                   or new viscose      sulfide             in appendix A-5     conduct testing of
                                  process source.     emissions.          to part 60 of       emissions at the
                                                                          this chapter; or    inlet and outlet
                                                                                              of each control
                                                                                              device;
                                                                                             (b) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous viscose
                                                                                              process vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous viscose
                                                                                              process vents at
                                                                                              normal operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535;
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch viscose
                                                                                              process vents as
                                                                                              specified in Sec.
                                                                                               63.490(c), except
                                                                                              that the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and
                                                                                             (d) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration and
                                                                                              determine the CPMS
                                                                                              operating limit
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration.
                                                                         (2) carbon          (a) you must
                                                                          disulfide and/or    measure emissions
                                                                          hydrogen sulfide    at the inlet and
                                                                          CEMS, as            outlet of each
                                                                          applicable;         control device
                                                                                              using CEMS;
                                                                                             (b) you must
                                                                                              install, operate,
                                                                                              and maintain the
                                                                                              CEMS according to
                                                                                              the applicable
                                                                                              performance
                                                                                              specification (PS-
                                                                                              7, PS-8, PS-9, or
                                                                                              PS-15) of appendix
                                                                                              B to part 60 of
                                                                                              this chapter; and
                                                                                             (c) you must
                                                                                              collect CEMS
                                                                                              emissions data at
                                                                                              the inlet and
                                                                                              outlet of each
                                                                                              control device
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration and
                                                                                              determine the CEMS
                                                                                              operating limit
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration.

[[Page 1156]]

 
3. the sum of all solvent        a. each existing    i. measure toluene  (1) EPA Method 18   (a) you must
 coating process vents.           or new cellophane   emissions.          in appendix A-6     conduct testing of
                                  operation.                              to part 60 of       emissions at the
                                                                          this chapter, or    inlet and outlet
                                                                          Method 320 in       of each control
                                                                          appendix A to       device;
                                                                          part 63; or        (b) you may use EPA
                                                                                              Method 18 or 320
                                                                                              to determine the
                                                                                              control efficiency
                                                                                              of any control
                                                                                              device for organic
                                                                                              compounds; for a
                                                                                              combustion device,
                                                                                              you must use only
                                                                                              HAP that are
                                                                                              present in the
                                                                                              inlet to the
                                                                                              control device to
                                                                                              characterize the
                                                                                              percent reduction
                                                                                              across the
                                                                                              combustion device;
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous solvent
                                                                                              coating process
                                                                                              vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous solvent
                                                                                              coating process
                                                                                              vents at normal
                                                                                              operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535;
                                                                                             (d) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch solvent
                                                                                              coating process
                                                                                              vents as specified
                                                                                              in Sec.
                                                                                              63.490(c), except
                                                                                              that the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and
                                                                                             (e) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration and
                                                                                              determine the CPMS
                                                                                              operating limit
                                                                                              during the initial
                                                                                              compliance
                                                                                              demonstration.
                                                                         (2) ASTM D6420-99   (a) you must
                                                                          (Reapproved 2010)   conduct testing of
                                                                          (incorporated by    emissions at the
                                                                          reference--see      inlet and outlet
                                                                          Sec. 63.14); or   of each control
                                                                                              device;
                                                                                             (b) you may use
                                                                                              ASTM D6420-99
                                                                                              (Reapproved 2010)
                                                                                              as an alternative
                                                                                              to EPA Method 18
                                                                                              only where: The
                                                                                              target compound(s)
                                                                                              are known and are
                                                                                              listed in ASTM
                                                                                              D6420 as
                                                                                              measurable; this
                                                                                              ASTM should not be
                                                                                              used for methane
                                                                                              and ethane because
                                                                                              their atomic mass
                                                                                              is less than 35;
                                                                                              ASTM D6420 should
                                                                                              never be specified
                                                                                              as a total VOC
                                                                                              method;
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous solvent
                                                                                              coating process
                                                                                              vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous solvent
                                                                                              coating process
                                                                                              vents at normal
                                                                                              operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535;
                                                                                             (d) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch solvent
                                                                                              coating process
                                                                                              vents as specified
                                                                                              in Sec.
                                                                                              63.490(c), except
                                                                                              that the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and
                                                                                             (e) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration and
                                                                                              determine the CPMS
                                                                                              operating limit
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration.

[[Page 1157]]

 
                                                                         (3) ASTM D6348-     (a) you must
                                                                          12e1                conduct testing of
                                                                          (incorporated by    emissions at the
                                                                          reference--see      inlet and outlet
                                                                          Sec. 63.14).      of each control
                                                                                              device;
                                                                                             (b) you may use
                                                                                              ASTM D6348-12e1 as
                                                                                              an alternative to
                                                                                              EPA Method 320
                                                                                              only where the
                                                                                              following
                                                                                              conditions are
                                                                                              met: (1) The test
                                                                                              plan preparation
                                                                                              and implementation
                                                                                              in the Annexes to
                                                                                              ASTM D 6348-03,
                                                                                              Sections A1
                                                                                              through A8 are
                                                                                              mandatory; and (2)
                                                                                              in ASTM D6348-03
                                                                                              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
                                                                                              the calculated %R
                                                                                              value for that
                                                                                              compound by using
                                                                                              the following
                                                                                              equation: Reported
                                                                                              Results =
                                                                                              ((Measured
                                                                                              Concentration in
                                                                                              the Stack)/(%R)) x
                                                                                              100. ASTM D6348-03
                                                                                              is incorporated by
                                                                                              reference, see
                                                                                              Sec. 63.14.
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous solvent
                                                                                              coating process
                                                                                              vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous solvent
                                                                                              coating process
                                                                                              vents at normal
                                                                                              operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535;
                                                                                             (d) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch solvent
                                                                                              coating process
                                                                                              vents as specified
                                                                                              in Sec.
                                                                                              63.490(c), except
                                                                                              that the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and
                                                                                             (e) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration and
                                                                                              determine the CPMS
                                                                                              operating limit
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration.

[[Page 1158]]

 
4. the sum of all cellulose      a. each existing    i. measure total    (1) EPA Method 18   (a) you must
 ether process vents.             or new cellulose    organic HAP         in appendix A-6     conduct testing of
                                  ether operation.    emissions.          to part 60 of       emissions at the
                                                                          this chapter or     inlet and outlet
                                                                          Method 320 in       of each control
                                                                          appendix A to       device;
                                                                          this part, or      (b) you may use EPA
                                                                                              Method 18 or 320
                                                                                              to determine the
                                                                                              control efficiency
                                                                                              of any control
                                                                                              device for organic
                                                                                              compounds; for a
                                                                                              combustion device,
                                                                                              you must use only
                                                                                              HAP that are
                                                                                              present in the
                                                                                              inlet to the
                                                                                              control device to
                                                                                              characterize the
                                                                                              percent reduction
                                                                                              across the
                                                                                              combustion device;
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous
                                                                                              cellulose ether
                                                                                              process vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous
                                                                                              cellulose ether
                                                                                              process vents at
                                                                                              normal operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535;
                                                                                             (d) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch cellulose
                                                                                              ether process
                                                                                              vents as specified
                                                                                              in Sec.
                                                                                              63.490(c), except
                                                                                              that the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and
                                                                                             (e) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              performance test
                                                                                              and determine the
                                                                                              CPMS operating
                                                                                              limit during the
                                                                                              period of the
                                                                                              initial
                                                                                              performance test.
                                                                         (2) ASTM D6420-99   (a) you must
                                                                          (Reapproved         conduct testing of
                                                                          2010); or           emissions at the
                                                                                              inlet and outlet
                                                                                              of each control
                                                                                              device;
                                                                                             (b) you may use
                                                                                              ASTM D6420-99
                                                                                              (Reapproved 2010)
                                                                                              as an alternative
                                                                                              to EPA Method 18
                                                                                              only where: The
                                                                                              target compound(s)
                                                                                              are known and are
                                                                                              listed in ASTM
                                                                                              D6420 as
                                                                                              measurable; this
                                                                                              ASTM should not be
                                                                                              used for methane
                                                                                              and ethane because
                                                                                              their atomic mass
                                                                                              is less than 35;
                                                                                              ASTM D6420 should
                                                                                              never be specified
                                                                                              as a total VOC
                                                                                              method;
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous
                                                                                              cellulose ether
                                                                                              process vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous
                                                                                              cellulose ether
                                                                                              process vents at
                                                                                              normal operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535;
                                                                                             (d) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch cellulose
                                                                                              ether process
                                                                                              vents as specified
                                                                                              in Sec.
                                                                                              63.490(c), except
                                                                                              that the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and
                                                                                             (e) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              performance test
                                                                                              and determine the
                                                                                              CPMS operating
                                                                                              limit during the
                                                                                              period of the
                                                                                              initial
                                                                                              performance test.

[[Page 1159]]

 
                                                                         (3) ASTM D6348-     (a) you must
                                                                          12e1.               conduct testing of
                                                                                              emissions at the
                                                                                              inlet and outlet
                                                                                              of each control
                                                                                              device;
                                                                                             (b) you may use
                                                                                              ASTM D6348-12e1 as
                                                                                              an alternative to
                                                                                              EPA Method 320
                                                                                              only where the
                                                                                              following
                                                                                              conditions are
                                                                                              met: (1) The test
                                                                                              plan preparation
                                                                                              and implementation
                                                                                              in the Annexes to
                                                                                              ASTM D 6348-03,
                                                                                              Sections A1
                                                                                              through A8 are
                                                                                              mandatory; and (2)
                                                                                              in ASTM D6348-03
                                                                                              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
                                                                                              the calculated %R
                                                                                              value for that
                                                                                              compound by using
                                                                                              the following
                                                                                              equation: Reported
                                                                                              Results =
                                                                                              ((Measured
                                                                                              Concentration in
                                                                                              the Stack)/(%R)) x
                                                                                              100.
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous solvent
                                                                                              coating process
                                                                                              vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous solvent
                                                                                              coating process
                                                                                              vents at normal
                                                                                              operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535;
                                                                                             (d) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch solvent
                                                                                              coating process
                                                                                              vents as specified
                                                                                              in Sec.
                                                                                              63.490(c), except
                                                                                              that the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and
                                                                                             (e) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration and
                                                                                              determine the CPMS
                                                                                              operating limit
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration.

[[Page 1160]]

 
                                                                         (4) EPA Method 25   (a) you must
                                                                          in appendix A-7     conduct testing of
                                                                          to part 60 of       emissions at the
                                                                          this chapter; or    inlet and outlet
                                                                                              of each control
                                                                                              device;
                                                                                             (b) you may use EPA
                                                                                              Method 25 to
                                                                                              determine the
                                                                                              control efficiency
                                                                                              of combustion
                                                                                              devices for
                                                                                              organic compounds;
                                                                                              you may not use
                                                                                              EPA Method 25 to
                                                                                              determine the
                                                                                              control efficiency
                                                                                              of noncombustion
                                                                                              control devices;
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous
                                                                                              cellulose ether
                                                                                              process vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous
                                                                                              cellulose ether
                                                                                              process vents at
                                                                                              normal operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535;
                                                                                             (d) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch cellulose
                                                                                              ether process
                                                                                              vents as specified
                                                                                              in Sec.
                                                                                              63.490(c), except
                                                                                              that the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and
                                                                                             (e) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              performance test
                                                                                              and determine the
                                                                                              CPMS operating
                                                                                              limit during the
                                                                                              period of the
                                                                                              initial
                                                                                              performance test
                                                                         (5) EPA Method 25A  (a) you must
                                                                          in appendix A-7     conduct testing of
                                                                          to part 60 of       emissions at the
                                                                          this chapter.       inlet and outlet
                                                                                              of each control
                                                                                              device;
                                                                                             (b) you may use EPA
                                                                                              Method 25A if: An
                                                                                              exhaust gas
                                                                                              volatile organic
                                                                                              matter
                                                                                              concentration of
                                                                                              50 ppmv or less is
                                                                                              required in order
                                                                                              to comply with the
                                                                                              emission limit;
                                                                                              the volatile
                                                                                              organic matter
                                                                                              concentration at
                                                                                              the inlet to the
                                                                                              control device and
                                                                                              the required level
                                                                                              of control are
                                                                                              such as to result
                                                                                              in exhaust
                                                                                              volatile organic
                                                                                              matter
                                                                                              concentrations of
                                                                                              50 ppmv or less;
                                                                                              or because of the
                                                                                              high control
                                                                                              efficiency of the
                                                                                              control device,
                                                                                              the anticipated
                                                                                              volatile organic
                                                                                              matter
                                                                                              concentration at
                                                                                              the control device
                                                                                              exhaust is 50 ppmv
                                                                                              or less,
                                                                                              regardless of the
                                                                                              inlet
                                                                                              concentration;
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous
                                                                                              cellulose ether
                                                                                              process vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous
                                                                                              cellulose ether
                                                                                              process vents at
                                                                                              normal operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535;
                                                                                             (d) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch cellulose
                                                                                              ether process
                                                                                              vents as specified
                                                                                              in Sec.
                                                                                              63.490(c), except
                                                                                              that the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and,
                                                                                             (e) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              performance test
                                                                                              and determine the
                                                                                              CPMS operating
                                                                                              limit during the
                                                                                              period of the
                                                                                              initial
                                                                                              performance test.

[[Page 1161]]

 
5. each toluene storage vessel.  a. each existing    i. measure toluene  (1) EPA Method 18   (a) if venting to a
                                  or new cellophane   emissions.          in appendix A-6     control device to
                                  operation.                              to part 60 of       reduce emissions,
                                                                          this chapter or     you must conduct
                                                                          Method 320 in       testing of
                                                                          appendix A to       emissions at the
                                                                          this part; or       inlet and outlet
                                                                                              of each control
                                                                                              device;
                                                                                             (b) you may use EPA
                                                                                              Method 18 or 320
                                                                                              to determine the
                                                                                              control efficiency
                                                                                              of any control
                                                                                              device for organic
                                                                                              compounds; for a
                                                                                              combustion device,
                                                                                              you must use only
                                                                                              HAP that are
                                                                                              present in the
                                                                                              inlet to the
                                                                                              control device to
                                                                                              characterize the
                                                                                              percent reduction
                                                                                              across the
                                                                                              combustion device;
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous storage
                                                                                              vessel vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous storage
                                                                                              vessel vents at
                                                                                              normal operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535 for
                                                                                              continuous process
                                                                                              vents;
                                                                                             (d) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch storage
                                                                                              vessel vents as
                                                                                              specified in Sec.
                                                                                               63.490(c) for
                                                                                              batch process
                                                                                              vents, except that
                                                                                              the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and,
                                                                                             (e) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration and
                                                                                              determine the CPMS
                                                                                              operating limit
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration.
                                                                         (2) ASTM D6420-99;  (a) if venting to a
                                                                          or                  control device to
                                                                                              reduce emissions,
                                                                                              you must conduct
                                                                                              testing of
                                                                                              emissions at the
                                                                                              inlet and outlet
                                                                                              of each control
                                                                                              device;
                                                                                             (b) you may use
                                                                                              ASTM D6420-99
                                                                                              (Reapproved 2010)
                                                                                              as an alternative
                                                                                              to EPA Method 18
                                                                                              only where: The
                                                                                              target compound(s)
                                                                                              are known and are
                                                                                              listed in ASTM
                                                                                              D6420 as
                                                                                              measurable; this
                                                                                              ASTM should not be
                                                                                              used for methane
                                                                                              and ethane because
                                                                                              their atomic mass
                                                                                              is less than 35;
                                                                                              ASTM D6420 should
                                                                                              never be specified
                                                                                              as a total VOC
                                                                                              method;
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous storage
                                                                                              vessel vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous storage
                                                                                              vessel vents at
                                                                                              normal operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535 for
                                                                                              continuous process
                                                                                              vents;
                                                                                             (d) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch storage
                                                                                              vessel vents as
                                                                                              specified in Sec.
                                                                                               63.490(c) for
                                                                                              batch process
                                                                                              vents, except that
                                                                                              the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and,
                                                                                             (e) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration and
                                                                                              determine the CPMS
                                                                                              operating limit
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration.

[[Page 1162]]

 
                                                                         (3) ASTM D6348-     (a) you must
                                                                          12e1.               conduct testing of
                                                                                              emissions at the
                                                                                              inlet and outlet
                                                                                              of each control
                                                                                              device;
                                                                                             (b) you may use
                                                                                              ASTM D6348-12e1 as
                                                                                              an alternative to
                                                                                              EPA Method 320
                                                                                              only where the
                                                                                              following
                                                                                              conditions are
                                                                                              met: (1) The test
                                                                                              plan preparation
                                                                                              and implementation
                                                                                              in the Annexes to
                                                                                              ASTM D 6348-03,
                                                                                              Sections A1
                                                                                              through A8 are
                                                                                              mandatory; and (2)
                                                                                              in ASTM D6348-03
                                                                                              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
                                                                                              the calculated %R
                                                                                              value for that
                                                                                              compound by using
                                                                                              the following
                                                                                              equation: Reported
                                                                                              Results =
                                                                                              ((Measured
                                                                                              Concentration in
                                                                                              the Stack)/(%R)) x
                                                                                              100.
                                                                                             (c) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              continuous solvent
                                                                                              coating process
                                                                                              vents and
                                                                                              combinations of
                                                                                              batch and
                                                                                              continuous solvent
                                                                                              coating process
                                                                                              vents at normal
                                                                                              operating
                                                                                              conditions, as
                                                                                              specified in Sec.
                                                                                               63.5535;
                                                                                             (d) you must
                                                                                              conduct testing of
                                                                                              emissions from
                                                                                              batch solvent
                                                                                              coating process
                                                                                              vents as specified
                                                                                              in Sec.
                                                                                              63.490(c), except
                                                                                              that the emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under this subpart
                                                                                              supersede the
                                                                                              emission
                                                                                              reductions
                                                                                              required for
                                                                                              process vents
                                                                                              under subpart U of
                                                                                              this part; and
                                                                                             (e) you must
                                                                                              collect CPMS data
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration and
                                                                                              determine the CPMS
                                                                                              operating limit
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration.
6. the sum of all process vents  each existing or    measure visible     EPA Method 22 in    you must conduct
 controlled using a flare.        new affected        emissions.          appendix A-7 to     the flare visible
                                  source.                                 part 60 of this     emissions test
                                                                          chapter.            according to Sec.
                                                                                               63.11(b).
7. equipment leaks.............  a. each existing    i. measure leak     (1) applicable      you must follow all
                                  or new cellulose    rate.               equipment leak      requirements for
                                  ether operation.                        test methods in     the applicable
                                                                          Sec. 63.180; or   equipment leak
                                                                                              test methods in
                                                                                              Sec. 63.180; or
                                                                         (2) applicable      you must follow all
                                                                          equipment leak      requirements for
                                                                          test methods in     the applicable
                                                                          Sec. 63.1023.     equipment leak
                                                                                              test methods in
                                                                                              Sec. 63.1023.

[[Page 1163]]

 
8. all sources of wastewater     a. each existing    i. measure          (1) applicable      (a) You must follow
 emissions.                       or new cellulose    wastewater HAP      wastewater test     all requirements
                                  ether operation.    emissions.          methods and         for the applicable
                                                                          procedures in       wastewater test
                                                                          Sec. Sec. methods and
                                                                          63.144 and          procedures in Sec.
                                                                          63.145; or           Sec. 63.144 and
                                                                                              63.145; or
                                                                         (2) applicable      (a) you must follow
                                                                          wastewater test     all requirements
                                                                          methods and         for the applicable
                                                                          procedures in       waste water test
                                                                          Sec. Sec. methods and
                                                                          63.144 and          procedures in Sec.
                                                                          63.145, using        Sec. 63.144 and
                                                                          ASTM D5790-95       63.145, except
                                                                          (Reapproved 2012)   that you may use
                                                                          (incorporated by    ASTM D5790-95
                                                                          reference--see      (Reapproved 2012)
                                                                          Sec. 63.14) as    as an alternative
                                                                          an alternative to   to EPA Method 624,
                                                                          EPA Method 624 in   under the
                                                                          appendix A to       condition that
                                                                          part 163 of this    this ASTM method
                                                                          chapter.            be used with the
                                                                                              sampling
                                                                                              procedures of EPA
                                                                                              Method 25D or an
                                                                                              equivalent method.
9. any emission point..........  a. each existing    i. conduct a CEMS   (1) applicable      (a) you must
                                  or new affected     performance         requirements in     conduct the CEMS
                                  source using a      evaluation.         Sec. 63.8 and     performance
                                  CEMS to                                 applicable          evaluation during
                                  demonstrate                             performance         the period of the
                                  compliance.                             specification (PS-  initial compliance
                                                                          7, PS-8, PS-9, or   demonstration
                                                                          PS-15) in           according to the
                                                                          appendix B to       applicable
                                                                          part 60 of this     requirements in
                                                                          chapter.            Sec. 63.8 and
                                                                                              the applicable
                                                                                              performance
                                                                                              specification (PS-
                                                                                              7, PS-8, PS-9, or
                                                                                              PS-15) of 40 CFR
                                                                                              part 60, appendix
                                                                                              B;
                                                                                             (b) you must
                                                                                              install, operate,
                                                                                              and maintain the
                                                                                              CEMS according to
                                                                                              the applicable
                                                                                              performance
                                                                                              specification (PS-
                                                                                              7, PS-8, PS-9, or
                                                                                              PS-15) of 40 CFR
                                                                                              part 60, appendix
                                                                                              B; and
                                                                                             (c) you must
                                                                                              collect CEMS
                                                                                              emissions data at
                                                                                              the inlet and
                                                                                              outlet of each
                                                                                              control device
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration and
                                                                                              determine the CEMS
                                                                                              operating limit
                                                                                              during the period
                                                                                              of the initial
                                                                                              compliance
                                                                                              demonstration.
----------------------------------------------------------------------------------------------------------------


[85 FR 40003, July 2, 2020]



  Sec. Table 5 to Subpart UUUU of Part 63--Continuous Compliance With 
               Emission Limits and Work Practice Standards

    As required in Sec. 63.5555(a), you must demonstrate continuous 
compliance with the appropriate emission limits and work practice 
standards according to the requirements in the following table:

[[Page 1164]]



----------------------------------------------------------------------------------------------------------------
                                                                   for the following       you must demonstrate
              For . . .                        at . . .          emission limit or work   continuous compliance
                                                                practice standard . . .          by . . .
----------------------------------------------------------------------------------------------------------------
1. the sum of all viscose process      a. each existing or new  i. reduce total          (1) maintaining a
 vents.                                 viscose process          uncontrolled sulfide     material balance that
                                        affected source.         emissions (reported as   includes the pertinent
                                                                 carbon disulfide) by     data used to determine
                                                                 at least the specified   the percent reduction
                                                                 percentage based on a    of total sulfide
                                                                 6-month rolling          emissions;
                                                                 average;                (2) documenting the
                                                                ii. for each vent         percent reduction of
                                                                 stream that you          total sulfide
                                                                 control using a          emissions using the
                                                                 control device (except   pertinent data from
                                                                 for retractable hoods    the material balance;
                                                                 over sulfuric acid       and
                                                                 baths at a cellophane   (3) complying with the
                                                                 operation), route the    continuous compliance
                                                                 vent stream through a    requirements for
                                                                 closed-vent system to    closed-vent systems.
                                                                 the control device;
                                                                 and.
                                                                iii. comply with the
                                                                 work practice standard
                                                                 for closed-vent
                                                                 systems (except for
                                                                 retractable hoods over
                                                                 sulfuric acid baths at
                                                                 a cellophane
                                                                 operation).
2. the sum of all solvent coating      a. each existing or new  i. reduce uncontrolled   (1) maintaining a
 process vents.                         cellophane operation.    toluene emissions by     material balance that
                                                                 at least 95 percent      includes the pertinent
                                                                 based on a 6-month       data used to determine
                                                                 rolling average;         the percent reduction
                                                                ii. for each vent         of toluene emissions;
                                                                 stream that you         (2) documenting the
                                                                 control using a          percent reduction of
                                                                 control device, route    toluene emissions
                                                                 the vent stream          using the pertinent
                                                                 through a closed-vent    data from the material
                                                                 system to the control    balance; and
                                                                 device; and.            (3) complying with the
                                                                iii. comply with the      continuous compliance
                                                                 work practice standard   requirements for
                                                                 for closed-vent          closed-vent systems.
                                                                 systems..
3. the sum of all cellulose ether      a. each existing or new  i. reduce total          (1) complying with the
 process vents.                         cellulose ether          uncontrolled organic     continuous compliance
                                        operation using a        HAP emissions by at      requirements for
                                        performance test to      least 99 percent;        closed-vent systems;
                                        demonstrate initial     ii. for each vent         or
                                        compliance; or.          stream that you         (2) if using extended
                                                                 control using a          cookout to comply,
                                                                 control device, route    monitoring reactor
                                                                 the vent stream          charges and keeping
                                                                 through a closed-vent    records to show that
                                                                 system to the control    extended cookout was
                                                                 device; and,.            employed.
                                                                iii. comply with the
                                                                 work practice standard
                                                                 for closed-vent
                                                                 systems; or.
                                       b. each existing or new  i. reduce total          (1) maintaining a
                                        cellulose ether          uncontrolled organic     material balance that
                                        operation using a        HAP emissions by at      includes the pertinent
                                        material balance         least 99 percent based   data used to determine
                                        compliance               on a 6-month rolling     the percent reduction
                                        demonstration to         average;                 of total organic HAP
                                        demonstrate initial     ii. for each vent         emissions;
                                        compliance.              stream that you         (2) documenting the
                                                                 control using a          percent reduction of
                                                                 control device, route    total organic HAP
                                                                 the vent stream          emissions using the
                                                                 through a closed-vent    pertinent data from
                                                                 system to control        the material balance;
                                                                 device; and.            (3) if using extended
                                                                iii. comply with the      cookout to comply,
                                                                 work practice standard   monitoring reactor
                                                                 for closed-vent          charges and keeping
                                                                 systems..                records to show that
                                                                                          extended cookout was
                                                                                          employed;
                                                                                         (4) complying with the
                                                                                          continuous compliance
                                                                                          requirements for
                                                                                          closed-vent systems.
4. closed-loop systems...............  each existing or new     operate and maintain a   keeping a record
                                        cellulose ether          closed-loop system.      certifying that a
                                        operation.                                        closed-loop system is
                                                                                          in use for cellulose
                                                                                          ether operations.
5. each carbon disulfide unloading     a. each existing or new  i. reduce uncontrolled   (1) keeping a record
 and storage operation.                 viscose process          carbon disulfide         documenting the 83
                                        affected source.         emissions by at least    percent reduction in
                                                                 83 percent based on a    carbon disulfide
                                                                 6-month rolling          emissions; and
                                                                 average if you use an   (2) if venting to a
                                                                 alternative control      control device to
                                                                 technique not listed     reduce emissions,
                                                                 in this table for        complying with the
                                                                 carbon disulfide         continuous compliance
                                                                 unloading and storage    requirements for
                                                                 operations; if using a   closed-vent systems;
                                                                 control device to
                                                                 reduce emissions,
                                                                 route emissions
                                                                 through a closed-vent
                                                                 system to the control
                                                                 device; and comply
                                                                 with the work practice
                                                                 standard for closed-
                                                                 vent systems;

[[Page 1165]]

 
                                                                ii. reduce total         (1) maintaining a
                                                                 uncontrolled sulfide     material balance that
                                                                 emissions by at least    includes the pertinent
                                                                 0.14 percent from        data used to determine
                                                                 viscose process vents    the percent reduction
                                                                 based on a 6-month       of total sulfide
                                                                 rolling average; for     emissions;
                                                                 each vent stream that   (2) documenting the
                                                                 you control using a      percent reduction of
                                                                 control device, route    total sulfide
                                                                 the vent stream          emissions using the
                                                                 through a closed-vent    pertinent data from
                                                                 system to the control    the material balance;
                                                                 device; and comply       and
                                                                 with the work practice  (3) complying with the
                                                                 standard for closed-     continuous compliance
                                                                 vent systems;            requirements for
                                                                                          closed-vent systems;
                                                                iii. install a nitrogen  Keeping a record
                                                                 unloading and storage    certifying that a
                                                                 system; or               nitrogen unloading and
                                                                                          storage system is in
                                                                                          use; or
                                                                iv. install a nitrogen   (1) keeping a record
                                                                 unloading system;        certifying that a
                                                                 reduce total             nitrogen unloading
                                                                 uncontrolled sulfide     system is in use;
                                                                 emissions by at least   (2) maintaining a
                                                                 0.045 percent from       material balance that
                                                                 viscose process vents    includes the pertinent
                                                                 based on a 6-month       data used to determine
                                                                 rolling average; for     the percent reduction
                                                                 each vent stream that    of total sulfide
                                                                 you control using a      emissions;
                                                                 control device, route   (3) documenting the
                                                                 the vent stream          percent reduction of
                                                                 through a closed-vent    total sulfide
                                                                 system to the control    emissions using the
                                                                 device; and comply       pertinent data from
                                                                 with the work practice   the material balance;
                                                                 standard for closed-     and
                                                                 vent systems.           (4) complying with the
                                                                                          continuous compliance
                                                                                          requirements for
                                                                                          closed-vent systems.
6. each toluene storage vessel.......  a. each existing or new  i. reduce uncontrolled   (1) maintaining a
                                        cellophane operation.    toluene emissions by     material balance that
                                                                 at least 95 percent      includes the pertinent
                                                                 based on a 6-month       data used to determine
                                                                 rolling average;         the percent reduction
                                                                ii. if using a control    of toluene emissions;
                                                                 device to reduce        (2) documenting the
                                                                 emissions, route the     percent reduction of
                                                                 emissions through a      toluene emissions
                                                                 closed-vent system to    using the pertinent
                                                                 the control device;      data from the material
                                                                 and.                     balance; and
                                                                iii. comply with the     (3) if venting to a
                                                                 work practice standard   control device to
                                                                 for closed vent          reduce emissions,
                                                                 systems..                complying with the
                                                                                          continuous compliance
                                                                                          requirements for
                                                                                          closed-vent systems.
7. equipment leaks...................  a. each existing or new  i. applicable equipment  complying with the
                                        cellulose ether          leak standards of Sec. applicable equipment
                                        operation.                Sec. 63.162 through   leak continuous
                                                                 63.179; or               compliance provisions
                                                                ii. applicable            of Sec. Sec. 63.162
                                                                 equipment leak           through 63.179; or
                                                                 standards of Sec. complying with the
                                                                 Sec. 63.1021 through   applicable equipment
                                                                 63.1037..                leak continuous
                                                                                          compliance provisions
                                                                                          of Sec. Sec.
                                                                                          63.1021 through
                                                                                          63.1037.
8. all sources of wastewater           each existing or new     applicable wastewater    complying with the
 emissions.                             cellulose either         provisions of Sec. applicable wastewater
                                        operation.               63.105 and Sec. Sec. continuous compliance
                                                                  63.132 through          provisions of Sec.
                                                                 63.140.                  Sec. 63.105, 63.143,
                                                                                          and 63.148.
9. liquid streams in open systems....  each existing or new     comply with the          conducting inspections,
                                        cellulose ether          applicable provisions    repairing failures,
                                        operation.               of Sec. 63.149,        documenting delay of
                                                                 except that references   repair, and
                                                                 to ``chemical            maintaining records of
                                                                 manufacturing process    failures and
                                                                 unit'' mean              corrective actions
                                                                 ``cellulose ether        according to Sec.
                                                                 process unit'' for the   Sec. 63.133 through
                                                                 purposes of this         63.137.
                                                                 subpart.
10. closed-vent system used to route   each existing or new     conduct annual           conducting the
 emissions to a control device.         affected source.         inspections, repair      inspections, repairing
                                                                 leaks, maintain          leaks, and maintaining
                                                                 records as specified     records according to
                                                                 in Sec. 63.148.        Sec. 63.148.

[[Page 1166]]

 
11. closed-vent system containing a    a. each existing or new  i. install, calibrate,   (1) taking readings
 bypass line that could divert a vent   affected source.         maintain, and operate    from the flow
 stream away from a control device,                              a flow indicator as      indicator at least
 except for equipment needed for                                 specified in Sec. once every 15 minutes;
 safety purposes (described in Sec. 63.148(f)(1); or        (2) maintaining hourly
 63.148(f)(3).                                                                            records of flow
                                                                                          indicator operation
                                                                                          and detection of any
                                                                                          diversion during the
                                                                                          hour, and
                                                                                         (3) recording all
                                                                                          periods when the vent
                                                                                          stream is diverted
                                                                                          from the control
                                                                                          stream or the flow
                                                                                          indicator is not
                                                                                          operating; or
                                                                ii. secure the bypass    (1) maintaining a
                                                                 line valve in the        record of the monthly
                                                                 closed position with a   visual inspection of
                                                                 car-seal or lock-and-    the seal or closure
                                                                 key type configuration   mechanism for the
                                                                 and inspect the seal     bypass line; and
                                                                 or mechanism at least   (2) recording all
                                                                 once per month as        periods when the seal
                                                                 specified in Sec. mechanism is broken,
                                                                 63.148(f)(2)..           the bypass line valve
                                                                                          position has changed,
                                                                                          or the key for a lock-
                                                                                          and-key type lock has
                                                                                          been checked out.
12. heat exchanger system that cools   a. each existing or new  i. monitor and repair    (1) monitoring for HAP
 process equipment or materials in      affected source.         the heat exchanger       compounds, other
 the process unit.                                               system according to      substances, or
                                                                 Sec. 63.104(a)         surrogate indicators
                                                                 through (e), except      at the frequency
                                                                 that references to       specified in Sec.
                                                                 ``chemical               63.104(b) or (c);
                                                                 manufacturing process   (2) repairing leaks
                                                                 unit'' mean              within the time period
                                                                 ``cellulose food         specified in Sec.
                                                                 casing, rayon,           63.104(d)(1);
                                                                 cellulosic sponge,      (3) confirming that the
                                                                 cellophane, or           repair is successful
                                                                 cellulose ether          as specified in Sec.
                                                                 process unit'' for the   63.104(d)(2);
                                                                 purposes of this        (4) following the
                                                                 subpart.                 procedures in Sec.
                                                                                          63.104(e) if you
                                                                                          implement delay of
                                                                                          repair; and
                                                                                         (5) recording the
                                                                                          results of inspections
                                                                                          and repair according
                                                                                          to Sec.
                                                                                          63.104(f)(1).
----------------------------------------------------------------------------------------------------------------


[85 FR 40012, July 2, 2020]



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

    As required in Sec. 63.5555(a), you must demonstrate continuous 
compliance with the appropriate operating limits according to the 
requirements in the following table:

------------------------------------------------------------------------
                                                    you must demonstrate
  For the following control     for the following        continuous
       technique . . .         operating limit . .   compliance by . . .
                                        .
------------------------------------------------------------------------
1. condenser................  maintain the daily    collecting the
                               average condenser     condenser outlet
                               outlet gas or         gas or condensed
                               condensed liquid      liquid temperature
                               temperature no        data according to
                               higher than the       Sec. 63.5545;
                               value established     reducing the
                               during the            condenser outlet
                               compliance            gas temperature
                               demonstration.        data to daily
                                                     averages; and
                                                     maintaining the
                                                     daily average
                                                     condenser outlet
                                                     gas or condensed
                                                     liquid temperature
                                                     no higher than the
                                                     value established
                                                     during the
                                                     compliance
                                                     demonstration.
2. thermal oxidizer.........  a. for normal         collecting the
                               operations,           thermal oxidizer
                               maintain the daily    firebox temperature
                               average thermal       data according to
                               oxidizer firebox      Sec. 63.5545;
                               temperature no        reducing the
                               lower than the        thermal oxidizer
                               value established     firebox temperature
                               during the            data to daily
                               compliance            averages; and
                               demonstration.        maintaining the
                                                     daily average
                                                     thermal oxidizer
                                                     firebox temperature
                                                     no lower than the
                                                     value established
                                                     during the
                                                     compliance
                                                     demonstration.
                              b. for periods of     collecting the
                               startup, maintain     appropriate, site-
                               documentation         specific data
                               demonstrating that    needed to
                               the oxidizer was      demonstrate that
                               properly operating    the oxidizer was
                               (e.g., firebox        properly operating
                               temperature had       prior to emission
                               reached the           unit start up; and
                               setpoint              excluding firebox
                               temperature) prior    temperature from
                               to emission unit      the daily averages
                               startup..             during emission
                                                     unit startup.

[[Page 1167]]

 
3. water scrubber...........  a. for periods of     collecting the
                               normal operation,     scrubber pressure
                               maintain the daily    drop and scrubber
                               average scrubber      liquid flow rate
                               pressure drop and     data according to
                               scrubber liquid       Sec. 63.5545;
                               flow rate within      reducing the
                               the range of values   scrubber parameter
                               established during    data to daily
                               the compliance        averages; and
                               demonstration.        maintaining the
                                                     daily scrubber
                                                     parameter values
                                                     within the range of
                                                     values established
                                                     during the
                                                     compliance
                                                     demonstration.
                              b. for periods of     collecting the
                               startup and           appropriate, site-
                               shutdown, maintain    specific data
                               documentation to      needed to
                               confirm that the      demonstrate that
                               scrubber is           the scrubber was
                               operating properly    operating properly
                               prior to emission     during emission
                               unit startup and      unit startup and
                               continues to          emission unit
                               operate properly      shutdown; and
                               until emission unit   excluding
                               shutdown is           parameters from the
                               complete.             daily average
                               Appropriate startup   calculations.
                               and shutdown
                               operating
                               parameters may be
                               based on equipment
                               design,
                               manufacturer's
                               recommendations, or
                               other site-specific
                               operating values
                               established for
                               normal operating
                               periods..
4. caustic scrubber.........  a. for periods of     collecting the
                               normal operation,     scrubber pressure
                               maintain the daily    drop, scrubber
                               average scrubber      liquid flow rate,
                               pressure drop,        and scrubber liquid
                               scrubber liquid       pH, conductivity,
                               flow rate, and        or alkalinity data
                               scrubber liquid pH,   according to Sec.
                               conductivity, or      63.5545; reducing
                               alkalinity within     the scrubber
                               the range of values   parameter data to
                               established during    daily averages; and
                               the compliance        maintaining the
                               demonstration.        daily scrubber
                                                     parameter values
                                                     within the range of
                                                     values established
                                                     during the
                                                     compliance
                                                     demonstration.
                              b. for periods of     collecting the
                               startup and           appropriate, site-
                               shutdown, maintain    specific data
                               documentation to      needed to
                               confirm that the      demonstrate that
                               scrubber is           the scrubber was
                               operating properly    operating properly
                               prior to emission     during emission
                               unit startup and      unit startup and
                               continues to          emission unit
                               operate properly      shutdown; and
                               until emission unit   excluding
                               shutdown is           parameters from the
                               complete.             daily average
                               Appropriate startup   calculations.
                               and shutdown
                               operating
                               parameters may be
                               based on equipment
                               design,
                               manufacturer's
                               recommendations, or
                               other site-specific
                               operating values
                               established for
                               normal operating
                               periods..
5. flare....................  maintain the          collecting the pilot
                               presence of a pilot   flame data
                               flame.                according to Sec.
                                                     63.5545; and
                                                     maintaining the
                                                     presence of the
                                                     pilot flame.
6. biofilter................  maintain the daily    collecting the
                               average biofilter     biofilter inlet gas
                               inlet gas             temperature,
                               temperature,          biofilter effluent
                               biofilter effluent    pH or conductivity,
                               pH or conductivity,   and biofilter
                               and pressure drop     pressure drop data
                               within the values     according to Sec.
                               established during    63.5545; reducing
                               the compliance        the biofilter
                               demonstration.        parameter data to
                                                     daily averages; and
                                                     maintaining the
                                                     daily biofilter
                                                     parameter values
                                                     within the values
                                                     established during
                                                     the compliance
                                                     demonstration.
7. carbon absorber..........  maintain the          collecting the data
                               regeneration          on regeneration
                               frequency, total      frequency, total
                               regeneration stream   regeneration stream
                               mass or volumetric    mass or volumetric
                               flow during carbon    flow during carbon
                               bed regeneration      bed regeneration
                               and temperature of    and temperature of
                               the carbon bed        the carbon bed
                               after regeneration    after regeneration
                               (and within 15        (and within 15
                               minutes of            minutes of
                               completing any        completing any
                               cooling cycle(s))     cooling cycle(s))
                               for each              for each
                               regeneration cycle    regeneration cycle
                               within the values     according to Sec.
                               established during    63.5545; and
                               the compliance        maintaining carbon
                               demonstration.        absorber parameter
                                                     values for each
                                                     regeneration cycle
                                                     within the values
                                                     established during
                                                     the compliance
                                                     demonstration.
8. oil absorber.............  maintain the daily    collecting the
                               average absorption    absorption liquid
                               liquid flow,          flow, absorption
                               absorption liquid     liquid temperature,
                               temperature, and      and steam flow data
                               steam flow within     according to Sec.
                               the values            63.5545; reducing
                               established during    the oil absorber
                               the compliance        parameter data to
                               demonstration.        daily averages; and
                                                     maintaining the
                                                     daily oil absorber
                                                     parameter values
                                                     within the values
                                                     established during
                                                     the compliance
                                                     demonstration.

[[Page 1168]]

 
9. any of the control         if using a CEMS,      collecting CEMS
 techniques specified in       maintain the daily    emissions data at
 this table.                   average control       the inlet and
                               efficiency for each   outlet of each
                               control device no     control device
                               lower than the        according to Sec.
                               value established     63.5545;
                               during the            determining the
                               compliance            control efficiency
                               demonstration.        values for each
                                                     control device
                                                     using the inlet and
                                                     outlet CEMS
                                                     emissions data;
                                                     reducing the
                                                     control efficiency
                                                     values for each
                                                     control device to
                                                     daily averages; and
                                                     maintaining the
                                                     daily average
                                                     control efficiency
                                                     for each control
                                                     device no lower
                                                     than the value
                                                     established during
                                                     the compliance
                                                     demonstration.
------------------------------------------------------------------------


[85 FR 40014, July 2, 2020]



         Sec. Table 7 to Subpart UUUU of Part 63--Notifications

    As required in Sec. Sec. 63.5490(c)(4), 63.5530(c), 63.5575, and 
63.5595(b), you must submit the appropriate notifications specified in 
the following table:

------------------------------------------------------------------------
           If you . . .                      then you must . . .
------------------------------------------------------------------------
1. are required to conduct a        submit a notification of intent to
 performance test.                   conduct a performance test at least
                                     60 calendar days before the
                                     performance test is scheduled to
                                     begin, as specified in Sec. Sec.
                                     63.7(b)(1) and 63.9(e).
2. are required to conduct a CMS    submit a notification of intent to
 performance evaluation.             conduct a CMS performance
                                     evaluation at least 60 calendar
                                     days before the CMS performance
                                     evaluation is scheduled to begin,
                                     as specified in Sec. Sec.
                                     63.8(e)(2) and 63.9(g).
3. wish to use an alternative       submit a request to use alternative
 monitoring method.                  monitoring method no later than the
                                     notification of the initial
                                     performance test or CMS performance
                                     evaluation or 60 days prior to any
                                     other initial compliance
                                     demonstration, as specified in Sec.
                                       63.8(f)(4).
4. start up your affected source    submit an initial notification no
 before June 11, 2002.               later than 120 days after June 11,
                                     2002, or no later than 120 after
                                     the source becomes subject to this
                                     subpart, whichever is later, as
                                     specified in Sec. 63.9(b)(2).
5. start up your new or             submit an initial notification no
 reconstructed source on or after    later than 120 days after you
 June 11, 2002.                      become subject to this subpart, as
                                     specified in Sec. 63.9(b)(3).
6. cannot comply with the relevant  submit a request for extension of
 standard by the applicable          compliance no later than 120 days
 compliance date.                    before the compliance date, as
                                     specified in Sec. Sec. 63.9(c)
                                     and 63.6(i)(4).
7. are subject to special           notify the Administrator of your
 requirements as specified in Sec. compliance obligations no later
   63.6(b)(3) and (4).               than the initial notification dates
                                     established in Sec. 63.9(b) for
                                     new sources not subject to the
                                     special provisions, as specified in
                                     Sec. 63.9(d).
8. are required to conduct visible  notify the Administrator of the
 emission observations to            anticipated date for conducting the
 determine the compliance of         observations specified in Sec.
 flares as specified in Sec. 63.6(h)(5), as specified in Sec.
 63.11(b)(4).                        Sec. 63.6(h)(4) and 63.9(f).
9. are required to conduct a        a. submit a Notification of
 performance test or other initial   Compliance Status Report, as
 compliance demonstration as         specified in Sec. 63.9(h);
 specified in Table 3 to this       b. submit the Notification of
 subpart.                            Compliance Status Report, including
                                     the performance test, CEMS
                                     performance evaluation, and any
                                     other initial compliance
                                     demonstration results within 240
                                     calendar days following the
                                     compliance date specified in Sec.
                                     63.5495; and
                                    c. for sources which construction or
                                     reconstruction commenced on or
                                     before September 9, 2019, beginning
                                     on December 29, 2020, submit all
                                     subsequent Notifications of
                                     Compliance Status following the
                                     procedure specified in Sec.
                                     63.5580(g), (j), and (k). For
                                     sources which construction or
                                     reconstruction commenced after
                                     September 9, 2019, on July 2, 2020,
                                     or immediately upon startup,
                                     whichever is later, submit all
                                     subsequent Notifications of
                                     Compliance Status following the
                                     procedure specified in Sec.
                                     63.5580(g), (j), and (k).
10. comply with the equipment leak  comply with the notification
 requirements of subpart H of this   requirements specified in Sec.
 part for existing or new            63.182(a)(1) and (2), (b), and
 cellulose ether affected sources.   (c)(1) through (3) for equipment
                                     leaks, with the Notification of
                                     Compliance Status Reports required
                                     in subpart H included in the
                                     Notification of Compliance Status
                                     Report required in this subpart.
11. comply with the equipment leak  comply with the notification
 requirements of subpart UU of       requirements specified in Sec.
 this part for existing or new       63.1039(a) for equipment leaks,
 cellulose ether affected sources.   with the Notification Compliance
                                     Status Reports required in subpart
                                     UU of this part included in the
                                     Notification of Compliance Status
                                     Report required in this subpart.
12. comply with the wastewater      comply with the notification
 requirements of subparts F and G    requirements specified in Sec.
 of this part for existing or new    Sec. 63.146(a) and (b), 63.151,
 cellulose ether affected sources.   and 63.152(a)(1) through (3) and
                                     (b)(1) through (5) for wastewater,
                                     with the Notification of Compliance
                                     Status Reports required in subpart
                                     G of this part included in the
                                     Notification of Compliance Status
                                     Report required in this subpart.
------------------------------------------------------------------------


[[Page 1169]]


[85 FR 40015, July 2, 2020, as amended at 85 FR 73909, Nov. 19, 2020]



     Sec. Table 8 to Subpart UUUU of Part 63--Reporting Requirements

    As required in Sec. 63.5580, you must submit the appropriate 
reports specified in the following table:

------------------------------------------------------------------------
 You must submit a compliance report, which must    and you must submit
     contain the following information . . .         the report . . .
------------------------------------------------------------------------
1. if there are no deviations from any emission   semiannually as
 limit, operating limit, or work practice          specified in Sec.
 standard during the reporting period, then the    63.5580(b); beginning
 report must contain the information specified     on December 29, 2020,
 in Sec. 63.5580(c);.                            submit all subsequent
                                                   reports following the
                                                   procedure specified
                                                   in Sec. 63.5580(g).
2. if there were no periods during which the CMS
 was out-of-control, then the report must
 contain the information specified in Sec.
 63.5580(c)(6);.
3. if there is a deviation from any emission
 limit, operating limit, or work practice
 standard during the reporting period, then the
 report must contain the information specified
 in Sec. 63.5580(c) and (d);.
4. if there were periods during which the CMS
 was out-of-control, then the report must
 contain the information specified in Sec.
 63.5580(e);.
5. for sources which commenced construction or
 reconstruction on or before September 9, 2019,
 if prior to December 29, 2020, you had a
 startup, shutdown, or malfunction during the
 reporting period and you took actions
 consistent with your SSM plan, then the report
 must contain the information specified in Sec.
  63.10(d)(5)(i);.
6. for sources which commenced construction or
 reconstruction on or before September 9, 2019,
 if prior to December 29, 2020, you had a
 startup, shutdown, or malfunction during the
 reporting period and you took actions that are
 not consistent with your SSM plan, then the
 report must contain the information specified
 in Sec. 63.10(d)(5)(ii);.
7. the report must contain any changes in
 information already provided, as specified in
 Sec. 63.9(j), except changes in major source
 status must be reported per Sec. 63.9(j);.
8. for cellulose ether affected sources
 complying with the equipment leak requirements
 of subpart H of this part, the report must
 contain the information specified in Sec.
 63.182(a)(3) and (6) and (d)(2) through (4);.
9. for cellulose ether affected sources
 complying with the equipment leak requirements
 of subpart UU of this part, the report must
 contain the information specified in Sec.
 63.1039(b);.
10. for cellulose ether affected sources
 complying with the wastewater requirements of
 subparts F and G of this part, the report must
 contain the information specified in Sec. Sec.
   63.146(c) through (e) and 63.152(a)(4) and
 (5) and (c) through (e);.
11. for affected sources complying with the
 closed-vent system provisions in Sec. 63.148,
 the report must contain the information
 specified in Sec. 63.148(j)(1);.
12. for affected sources complying with the
 bypass line provisions in Sec. 63.148(f), the
 report must contain the information specified
 in Sec. 63.148(j)(2) and (3);.
13. for affected sources invoking the delay of
 repair provisions in Sec. 63.104(e) for heat
 exchanger systems, the next compliance report
 must contain the information in Sec.
 63.104(f)(2)(i) through (iv); if the leak
 remains unrepaired, the information must also
 be submitted in each subsequent compliance
 report until the repair of the leak is
 reported; and.
14. for storage vessels subject to the emission
 limits and work practice standards in Table 1
 to Subpart UUUU, the report must contain the
 periods of planned routine maintenance during
 which the control device does not comply with
 the emission limits or work practice standards
 in Table 1 to this subpart..
------------------------------------------------------------------------


[85 FR 40016, July 2, 2020, as amended at 85 FR 73909, Nov. 19, 2020]



   Sec. Table 9 to Subpart UUUU of Part 63--Recordkeeping Requirements

    As required in Sec. 63.5585, you must keep the appropriate records 
specified in the following table:

----------------------------------------------------------------------------------------------------------------
           If you operate . . .              then you must keep . . .     and the record(s) must contain . . .
----------------------------------------------------------------------------------------------------------------
1. an existing or new affected source....  a copy of each notification  all documentation supporting any Initial
                                            and report that you          Notification or Notification of
                                            submitted to comply with     Compliance Status Report that you
                                            this subpart.                submitted, according to the
                                                                         requirements in Sec.
                                                                         63.10(b)(2)(xiv), and any compliance
                                                                         report required under this subpart.

[[Page 1170]]

 
2. an existing or new affected source      a. the records in Sec. i. SSM plan;
 that commenced construction or             63.6(e)(3)(iii) through     ii. when actions taken during a startup,
 reconstruction on or before September 9,   (iv) related to startup,     shutdown, or malfunction are consistent
 2019.                                      shutdown, and malfunction    with the procedures specified in the
                                            prior to December 30, 2020.  SSM plan, records demonstrating that
                                                                         the procedures specified in the plan
                                                                         were followed;
                                                                        iii. records of the occurrence and
                                                                         duration of each startup, shutdown, or
                                                                         malfunction; and
                                                                        iv. when actions taken during a startup,
                                                                         shutdown, or malfunction are not
                                                                         consistent with the procedures
                                                                         specified in the SSM plan, records of
                                                                         the actions taken for that event.
                                           b. records related to        i. record the date, time, and duration
                                            startup and shutdown,        of each startup and/or shutdown period,
                                            failures to meet the         including the periods when the affected
                                            standard, and actions        source was subject to the alternative
                                            taken to minimize            operating parameters applicable to
                                            emissions after December     startup and shutdown;
                                            29, 2020.                   ii. 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;
                                                                        iii. 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; and
                                                                        iv. record actions taken to minimize
                                                                         emissions in accordance with Sec.
                                                                         63.5515(b), and any corrective actions
                                                                         taken to return the affected unit to
                                                                         its normal or usual manner of
                                                                         operation.
3. a new or reconstructed affected source  a. records related to        i. record the date, time, and duration
 that commenced construction or             startup and shutdown,        of each startup and/or shutdown period,
 reconstruction after September 9, 2019.    failures to meet the         including the periods when the affected
                                            standard, and actions        source was subject to alternative
                                            taken to minimize            operating parameters applicable to
                                            emissions.                   startup and shutdown;
                                                                        ii. 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;
                                                                        iii. 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; and
                                                                        iv. record actions taken to minimize
                                                                         emissions in accordance with Sec.
                                                                         63.5515(b), and any corrective actions
                                                                         taken to return the affected unit to
                                                                         its normal or usual manner of
                                                                         operation.
4. an existing or new affected source....  a. a site-specific           i. information regarding the
                                            monitoring plan.             installation of the CMS sampling source
                                                                         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 system;
                                                                        iii. performance evaluation procedures
                                                                         and acceptance criteria (e.g.,
                                                                         calibrations);
                                                                        iv. ongoing operation and maintenance
                                                                         procedures in accordance with the
                                                                         general requirements of Sec. Sec.
                                                                         63.8(c)(3) and (4)(ii), 63.5515(b), and
                                                                         63.5580(c)(6);
                                                                        v. ongoing data quality assurance
                                                                         procedures in accordance with the
                                                                         general requirements of Sec.
                                                                         63.8(d)(2); and
                                                                        vi. ongoing recordkeeping and reporting
                                                                         procedures in accordance with the
                                                                         general requirements of Sec. Sec.
                                                                         63.10(c)(1)-(6), (c)(9)-(14), (e)(1),
                                                                         and (e)(2)(i) and 63.5585.
5. an existing or new affected source....  records of performance       all results of performance tests, CEMS
                                            tests and CEMS performance   performance evaluations, and any other
                                            evaluations, as required     initial compliance demonstrations,
                                            in Sec. including analysis of samples,
                                            63.10(b)(2)(viii) and any    determination of emissions, and raw
                                            other initial compliance     data.
                                            demonstrations.

[[Page 1171]]

 
6. an existing or new affected source....  a. records for each CEMS...  i. records described in Sec.
                                                                         63.10(b)(2)(vi) through (xi);
                                                                        ii. previous (superseded) versions of
                                                                         the performance evaluation plan, with
                                                                         the program of corrective action
                                                                         included in the plan required under
                                                                         Sec. 63.8(d)(2);
                                                                        iii. request for alternatives to
                                                                         relative accuracy test for CEMS as
                                                                         required in Sec. 63.8(f)(6)(i);
                                                                        iv. 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;
                                                                         and
                                                                        v. records required in Table 6 to
                                                                         Subpart UUUU to show continuous
                                                                         compliance with the operating limit.
7. an existing or new affected source....  a. records for each CPMS...  i. records required in Table 6 to
                                                                         Subpart UUUU to show continuous
                                                                         compliance with each operating limit
                                                                         that applies to you; and
                                                                        ii. results of each CPMS calibration,
                                                                         validation check, and inspection
                                                                         required by Sec. 63.5545(b)(4).
8. an existing or new cellulose ether      records of closed-loop       records certifying that a closed-loop
 affected ether source.                     systems.                     system is in use for cellulose ether
                                                                         operations.
9. an existing or new viscose process      records of nitrogen          records certifying that a nitrogen
 affected source.                           unloading and storage        unloading and storage systems or
                                            systems or nitrogen          nitrogen unloading system is in use.
                                            unloading systems.
10. an existing or new viscose process     records of material          all pertinent data from the material
 affected source.                           balances.                    balances used to estimate the 6-month
                                                                         rolling average percent reduction in
                                                                         HAP emissions.
11. an existing or new viscose process     records of calculations....  documenting the percent reduction in HAP
 affected source.                                                        emissions using pertinent data from the
                                                                         material balances.
12. an existing or new cellulose ether     a. extended cookout records  i. the amount of HAP charged to the
 affected source.                                                        reactor;
                                                                        ii. the grade of product produced;
                                                                        iii. the calculated amount of HAP
                                                                         remaining before extended cookout; and
                                                                        iv. information showing that extended
                                                                         cookout was employed.
13. an existing or new cellulose ether     a. equipment leak records..  i. the records specified in Sec.
 affected source.                                                        63.181 for equipment leaks; or
                                                                        ii. the records specified in 63.1038 for
                                                                         equipment leaks.
14. an existing or new cellulose ether     wastewater records.........  the records specified in Sec. Sec.
 affected source.                                                        63.105, 63.147, and 63.152(f) and (g)
                                                                         for wastewater.
15. an existing or new affected source...  closed-vent system records.  the records specified in Sec.
                                                                         63.148(i).
16. an existing or new affected source...  a. bypass line records.....  i. hourly records of flow indicator
                                                                         operation and detection of any
                                                                         diversion during the hour and records
                                                                         of all periods when the vent stream is
                                                                         diverted from the control stream or the
                                                                         flow indicator is not operating; or
                                                                        ii. the records of the monthly visual
                                                                         inspection of the seal or closure
                                                                         mechanism and 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.
17. an existing or new affected source...  heat exchanger system        records of the results of inspections
                                            records.                     and repair according to source Sec.
                                                                         63.104(f)(1).
18. an existing or new affected source...  control device maintenance   records of planned routine maintenance
                                            records.                     for control devices used to comply with
                                                                         the percent reduction emission limit
                                                                         for storage vessels in Table 1 to
                                                                         Subpart UUUU.
19. an existing or new affected source...  safety device records......  a record of each time a safety device is
                                                                         opened to avoid unsafe conditions
                                                                         according to Sec. 63.5505(d).
----------------------------------------------------------------------------------------------------------------


[85 FR 40017, July 2, 2020]



   Sec. Table 10 to Subpart UUUU of Part 63--Applicability of General 
                       Provisions to Subpart UUUU

    As required in Sec. Sec. 63.5515(h) and 63.5600, you must comply 
with the appropriate General Provisions requirements specified in the 
following table:

----------------------------------------------------------------------------------------------------------------
               Citation                        Subject             Brief description     Applies to Subpart UUUU
----------------------------------------------------------------------------------------------------------------
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.

[[Page 1172]]

 
Sec. 63.3..........................  Units and Abbreviations  Units and abbreviations  Yes.
                                                                 for part 63 standards.
Sec. 63.4..........................  Prohibited Activities    Prohibited activities;   Yes.
                                        and Circumvention.       compliance date;
                                                                 circumvention,
                                                                 severability.
Sec. 63.5..........................  Preconstruction Review   Preconstruction review   Yes.
                                        and Notification         requirements of
                                        Requirements.            section 112(i)(1).
Sec. 63.6(a).......................  Applicability..........  General provisions       Yes.
                                                                 apply unless
                                                                 compliance extension;
                                                                 general provisions
                                                                 apply to area sources
                                                                 that become major.
Sec. 63.6(b)(1) through (4)........  Compliance Dates for     Standards apply at       Yes.
                                        New and Reconstructed    effective date; 3
                                        sources.                 years after effective
                                                                 date; upon startup; 10
                                                                 years after
                                                                 construction or
                                                                 reconstruction
                                                                 commences for CAA
                                                                 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 for     Area sources that        Yes.
                                        New and Reconstructed    become major must
                                        Area Sources That        comply with major
                                        Become Major.            source and standards
                                                                 immediately upon
                                                                 becoming major,
                                                                 regardless of whether
                                                                 required to comply
                                                                 when they were an area
                                                                 source.
Sec. 63.6(c)(1) and (2)............  Compliance Dates for     Comply according to      Yes.
                                        Existing Sources.        date in subpart, which
                                                                 must be no later than
                                                                 3 years after
                                                                 effective date; for
                                                                 CAA section 112(f)
                                                                 standards, comply
                                                                 within 90 days of
                                                                 effective date unless
                                                                 compliance extension.
Sec. 63.6(c)(3) and (4)............  [Reserved].............
Sec. 63.6(c)(5)....................  Compliance Dates for     Area sources that        Yes.
                                        Existing Area Sources    become major must
                                        That Become Major.       comply with major
                                                                 source standards by
                                                                 date indicated in
                                                                 subpart or by
                                                                 equivalent time period
                                                                 (e.g., 3 years).
Sec. 63.6(d).......................  [Reserved]
Sec. 63.6(e)(1)(i).................  General Duty to          You must operate and     No, for new or
                                        Minimize Emissions.      maintain affected        reconstructed sources
                                                                 source in a manner       which commenced
                                                                 consistent with safety   construction or
                                                                 and good air pollution   reconstruction after
                                                                 control practices for    September 9, 2019. For
                                                                 minimizing emissions.    all other affected
                                                                                          sources, Yes before
                                                                                          December 30, 2020, and
                                                                                          No thereafter. See 40
                                                                                          CFR 63.5515(b) for
                                                                                          general duty
                                                                                          requirement.
Sec. 63.6(e)(1)(ii)................  Requirement to Correct   You must correct         No, for new or
                                        Malfunctions ASAP.       malfunctions as soon     reconstructed sources
                                                                 as practicable after     which commenced
                                                                 their occurrence.        construction or
                                                                                          reconstruction after
                                                                                          September 9, 2019. For
                                                                                          all other affected
                                                                                          sources, Yes before
                                                                                          December 30, 2020, and
                                                                                          No thereafter.
Sec. 63.6(e)(1)(iii)...............  Operation and            Operation and            Yes.
                                        Maintenance              maintenance
                                        Requirements.            requirements are
                                                                 enforceable
                                                                 independent of
                                                                 emissions limitations
                                                                 or other requirements
                                                                 in relevant standards.
Sec. 63.6(e)(2)....................  [Reserved].............
Sec. 63.6(e)(3)....................  SSM Plan...............  Requirement for SSM and  No, for new or
                                                                 SSM plan; content of     reconstructed sources
                                                                 SSM plan.                which commenced
                                                                                          construction or
                                                                                          reconstruction after
                                                                                          September 9, 2019. For
                                                                                          all other affected
                                                                                          sources, Yes before
                                                                                          December 30, 2020, and
                                                                                          No thereafter. See 40
                                                                                          CFR 63.5515(c).

[[Page 1173]]

 
Sec. 63.6(f)(1)....................  SSM Exemption..........  You must comply with     No, see 40 CFR
                                                                 emission standards at    63.5515(a).
                                                                 all times except
                                                                 during SSM.
Sec. 63.6(f)(2) and (3)............  Methods for Determining  Compliance based on      Yes.
                                        Compliance/Finding of    performance test,
                                        Compliance.              operation and
                                                                 maintenance plans,
                                                                 records, inspection.
Sec. 63.6(g)(1) through (3)........  Alternative Standard...  Procedures for getting   Yes.
                                                                 an alternative
                                                                 standard.
Sec. 63.6(h)(1)....................  SSM Exemption..........  You must comply with     No, see CFR 63.5515(a).
                                                                 opacity and visible
                                                                 emission standards at
                                                                 all times except
                                                                 during SSM.
Sec. 63.6(h)(2) through (9)........  Opacity and Visible      Requirements for         Yes, but only for
                                        Emission (VE)            opacity and visible      flares for which EPA
                                        Standards.               emission limits.         Method 22 observations
                                                                                          are required under
                                                                                          Sec. 63.11(b).
Sec. 63.6(i)(1) through (16).......  Compliance Extension...  Procedures and criteria  Yes.
                                                                 for Administrator to
                                                                 grant compliance
                                                                 extension.
Sec. 63.6(j).......................  Presidential Compliance  President may exempt     Yes.
                                        Exemption.               source category from
                                                                 requirement to comply
                                                                 with subpart.
Sec. 63.7(a)(1) and (2)............  Performance Test Dates.  Dates for conducting     Yes.
                                                                 initial performance
                                                                 test; testing and
                                                                 other compliance
                                                                 demonstrations; must
                                                                 conduct 180 days after
                                                                 first subject to
                                                                 subpart.
Sec. 63.7(a)(3)....................  Section 114 Authority..  Administrator may        Yes.
                                                                 require a performance
                                                                 test under CAA section
                                                                 114 at any time.
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          If rescheduling a        Yes.
                                        Rescheduling.            performance test is
                                                                 necessary, must notify
                                                                 Administrator 5 days
                                                                 before scheduled date
                                                                 of rescheduled test.
Sec. 63.7(c).......................  Quality Assurance and    Requirement to submit    No.
                                        Test Plan.               site-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         Yes.
                                                                 testing facilities.
Sec. 63.7(e)(1)....................  Performance Testing....  Performance tests must   No, see Sec. 63.5535
                                                                 be conducted under       and Table 4.
                                                                 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   Yes.
                                        Conducting Performance   to this subpart and
                                        Tests.                   EPA test methods
                                                                 unless Administrator
                                                                 approves alternative.
Sec. 63.7(e)(3)....................  Test Run Duration......  Must have three test     Yes.
                                                                 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(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    Must include raw data    Yes.
                                        Analysis.                in performance test
                                                                 report; must submit
                                                                 performance test data
                                                                 60 days after end of
                                                                 test with the
                                                                 Notification of
                                                                 Compliance Status
                                                                 Report; keep data for
                                                                 5 years.
Sec. 63.7(h).......................  Waiver of Tests........  Procedures for           Yes.
                                                                 Administrator to waive
                                                                 performance test.

[[Page 1174]]

 
Sec. 63.8(a)(1)....................  Applicability of         Subject to all           Yes.
                                        Monitoring               monitoring
                                        Requirements.            requirements in
                                                                 standard.
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].............
Sec. 63.8(a)(4)....................  Monitoring with Flares.  Unless your subpart      Yes.
                                                                 says 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) and (3)............  Multiple Effluents and   Specific requirements    Yes.
                                        Multiple Monitoring      for installing
                                        Systems.                 monitoring 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 emission
                                                                 point, must report all
                                                                 monitoring system
                                                                 results, unless one
                                                                 monitoring system is a
                                                                 backup.
Sec. 63.8(c)(1) and (c)(1)(i)......  General Duty to          Maintain monitoring      No, for new or
                                        Minimize Emissions and   system in a manner       reconstructed sources
                                        CMS Operation.           consistent with good     which commenced
                                                                 air pollution control    construction or
                                                                 practices.               reconstruction after
                                                                                          September 9, 2019. For
                                                                                          all other affected
                                                                                          sources, Yes before
                                                                                          December 30, 2020, and
                                                                                          No thereafter. See 40
                                                                                          CFR 63.5515(b).
Sec. 63.8(c)(1)(ii)................  Parts for Routine        Keep parts for routine   Yes.
                                        Repairs.                 repairs readily
                                                                 available.
Sec. 63.8(c)(1)(iii)...............  Requirements to develop  Develop a written SSM    No, for new or
                                        SSM Plan for CMS.        plan for CMS.            reconstructed sources
                                                                                          which commenced
                                                                                          construction or
                                                                                          reconstruction after
                                                                                          September 9, 2019. For
                                                                                          all other affected
                                                                                          sources, Yes before
                                                                                          December 30, 2020, and
                                                                                          No thereafter. See 40
                                                                                          CFR 63.5515(c).
Sec. 63.8(c)(2) and (3)............  Monitoring System        Must install to get      Yes.
                                        Installation.            representative
                                                                 emission of parameter
                                                                 measurements; must
                                                                 verify operational
                                                                 status before or at
                                                                 performance test.
Sec. 63.8(c)(4)....................  CMS Requirements.......  CMS must be operating    No. Replaced with
                                                                 except during            language in Sec.
                                                                 breakdown, out-of        63.5560.
                                                                 control, repair,
                                                                 maintenance, and high-
                                                                 level calibration
                                                                 drifts.
Sec. 63.8(c)(4)(i) and (ii)........  CMS Requirements.......  Continuous opacity       Yes, except that Sec.
                                                                 monitoring systems       63.8(c)(4)(i) does not
                                                                 (COMS) must have a       apply because subpart
                                                                 minimum of one cycle     UUUU does not require
                                                                 of sampling and          COMS.
                                                                 analysis for each
                                                                 successive 10-second
                                                                 period and one cycle
                                                                 of data recording for
                                                                 each 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. Subpart UUUU does
                                                                                          not require COMS.
Sec. 63.8(c)(6)....................  CMS Requirements.......  Zero and high level      No. Replaced with
                                                                 calibration check        language in Sec.
                                                                 requirements; out-of-    63.5545.
                                                                 control periods.
Sec. 63.8(c)(7) and (8)............  CMS Requirements.......  Out-of-control periods,  No. Replaced with
                                                                 including reporting.     language in Sec.
                                                                                          63.5580(c)(6).

[[Page 1175]]

 
Sec. 63.8(d).......................  CMS Quality Control....  Requirements for CMS     No, except for
                                                                 quality control,         requirements in Sec.
                                                                 including calibration,   63.8(d)(2).
                                                                 etc.; must keep
                                                                 quality control plan
                                                                 on record for 5 years;
                                                                 keep old versions for
                                                                 5 years after
                                                                 revisions; program of
                                                                 correction action to
                                                                 be included in plan
                                                                 required under Sec.
                                                                 63.8(d)(2).
Sec. 63.8(e).......................  CMS Performance          Notification,            Yes, except that Sec.
                                        Evaluation.              performance evaluation   63.8(e)(5)(ii) does
                                                                 test plan, reports.      not apply because
                                                                                          subpart UUUU does not
                                                                                          require COMS.
Sec. 63.8(f)(1) through (5)........  Alternative Monitoring   Procedures for           Yes, except that no
                                        Method.                  Administrator to         site-specific test
                                                                 approve alternative      plan is required. The
                                                                 monitoring.              request to use an
                                                                                          alternative monitoring
                                                                                          method must be
                                                                                          submitted with the
                                                                                          notification of
                                                                                          performance test or
                                                                                          CEMS performance
                                                                                          evaluation or 60 days
                                                                                          prior to any initial
                                                                                          compliance
                                                                                          demonstration.
Sec. 63.8(f)(6)....................  Alternative to Relative  Procedures for           Yes.
                                        Accuracy Test.           Administrator to
                                                                 approve alternative
                                                                 relative accuracy
                                                                 tests for CEMS.
Sec. 63.8(g)(1) through (4)........  Data Reduction.........  COMS 6-minute averages   No. Replaced with
                                                                 calculated over at       language in Sec.
                                                                 least 36 evenly spaced   63.5545(e).
                                                                 data points; CEMS 1-
                                                                 hour averages computed
                                                                 over at least four
                                                                 equally spaced data
                                                                 points; data that
                                                                 cannot be used in
                                                                 average.
Sec. 63.8(g)(5)....................  Data Reduction.........  Data that cannot be      No. Replaced with
                                                                 used in computing        language in Sec.
                                                                 averages for CEMS and    63.5560(b).
                                                                 COMS.
Sec. 63.9(a).......................  Notification             Applicability and State  Yes.
                                        Requirements.            delegation.
Sec. 63.9(b)(1) through (5)........  Initial Notifications..  Submit notification      Yes.
                                                                 subject 120 days after
                                                                 effective date;
                                                                 notification of intent
                                                                 to construct or
                                                                 reconstruct;
                                                                 notification of
                                                                 commencement of
                                                                 construction or
                                                                 reconstruction;
                                                                 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         Yes.
                                        Compliance               commence construction
                                        Requirements for New     between proposal and
                                        Source.                  promulgation 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 or    Notify Administrator 30  Yes, but only for
                                        Opacity Test.            days prior.              flares for which EPA
                                                                                          Method 22 observations
                                                                                          are required as part
                                                                                          of a flare compliance
                                                                                          assessment.
Sec. 63.9(g).......................  Additional               Notification of          Yes, except that Sec.
                                        Notifications When       performance              63.9(g)(2) does not
                                        Using CMS.               evaluation;              apply because subpart
                                                                 notification using       UUUU does not require
                                                                 COMS data;               COMS.
                                                                 notification that
                                                                 exceeded criterion for
                                                                 relative accuracy.
Sec. 63.9(h)(1) through (6)........  Notification of          Contents; due 60 days    Yes, except that Table
                                        Compliance Status        after end of             7 to this subpart
                                        Report.                  performance test or      specifies the
                                                                 other compliance         submittal date for the
                                                                 demonstration, except    notification. The
                                                                 for opacity or VE,       contents of the
                                                                 which are due 30 days    notification will also
                                                                 after; when to submit    include the results of
                                                                 to federal vs. state     EPA Method 22
                                                                 authority.               observations required
                                                                                          as part of a flare
                                                                                          compliance assessment.
Sec. 63.9(i).......................  Adjustment of Submittal  Procedures for           Yes.
                                        Deadlines.               Administrator to
                                                                 approve change in when
                                                                 notifications must be
                                                                 submitted.

[[Page 1176]]

 
Sec. 63.9(j).......................  Change in previous       Must submit within 15    Yes, except the
                                        information.             days of the change.      notification for all
                                                                                          but change in major
                                                                                          source status must be
                                                                                          submitted as part of
                                                                                          the next semiannual
                                                                                          compliance report, as
                                                                                          specified in Table 8
                                                                                          to this subpart.
Sec. 63.9(k).......................  Electronic reporting     Procedure for            Yes, as specified in
                                        procedures.              electronically           Sec. 63.9(j).
                                                                 reporting the
                                                                 notification required
                                                                 by Sec. 63.9(j).
Sec. 63.10(a)......................  Recordkeeping and        Applies to all, unless   Yes.
                                        Reporting.               compliance extension;
                                                                 when to submit to
                                                                 federal vs. state
                                                                 authority; procedures
                                                                 for owners of more
                                                                 than one source.
Sec. 63.10(b)(1)...................  Recordkeeping and        General requirements;    Yes.
                                        Reporting.               keep all records
                                                                 readily available;
                                                                 keep for 5 years.
Sec. 63.10(b)(2)(i)................  Recordkeeping of         Records of occurrence    No, for new or
                                        Occurrence and           and duration of each     reconstructed sources
                                        Duration of Startups     startup or shutdown      which commenced
                                        and Shutdowns.           that causes source to    construction or
                                                                 exceed emission          reconstruction after
                                                                 limitation.              September 9, 2019.For
                                                                                          all other affected
                                                                                          sources, Yes before
                                                                                          December 29, 2020, and
                                                                                          No thereafter.
Sec. 63.10(b)(2)(ii)...............  Recordkeeping of         Records of occurrence    No, see Table 9 for
                                        Failures to Meet a       and duration of each     recordkeeping of (1)
                                        Standard.                malfunction of           date, time and
                                                                 operation or air         duration; (2) listing
                                                                 pollution control and    of affected source or
                                                                 monitoring equipment.    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....  Records of maintenance   Yes.
                                                                 performed on air
                                                                 pollution control and
                                                                 monitoring equipment.
Sec. 63.10(b)(2)(iv) and (v).......  Actions Taken to         Records of actions       No, for new or
                                        Minimize Emissions       taken during SSM to      reconstructed sources
                                        During SSM.              minimize emissions.      which commenced
                                                                                          construction or
                                                                                          reconstruction after
                                                                                          September 9, 2019. For
                                                                                          all other affected
                                                                                          sources, Yes before
                                                                                          December 30, 2020, and
                                                                                          No thereafter.
Sec. 63.10(b)(2)(vi), (x), and (xi)  CMS Records............  Malfunctions,            Yes.
                                                                 inoperative, out-of-
                                                                 control; calibration
                                                                 checks, adjustments,
                                                                 maintenance.
Sec. 63.10(b)(2)(vii) through (ix).  Records................  Measurements to          Yes, including results
                                                                 demonstrate compliance   of EPA Method 22
                                                                 with emission limits;    observations required
                                                                 performance test,        as part of a flare
                                                                 performance              compliance assessment.
                                                                 evaluation, and
                                                                 opacity/VE observation
                                                                 results; measurements
                                                                 to determine
                                                                 conditions of
                                                                 performance tests and
                                                                 performance
                                                                 evaluations.
Sec. 63.10(b)(2)(xii)..............  Records................  Records when under       Yes.
                                                                 waiver.
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
                                                                 Report.
Sec. 63.10(b)(3)...................  Records................  Applicability            Yes.
                                                                 determinations.
Sec. 63.10(c)(1) through (6), (9)    Records................  Additional records for   Yes.
 through (14).                                                   CMS.
Sec. 63.10(c)(7) and (8)...........  Records................  Records of excess        No. Replaced with
                                                                 emissions and            language in Table 9 to
                                                                 parameter monitoring     this subpart.
                                                                 exceedances for CMS.

[[Page 1177]]

 
Sec. 63.10(c)(15)..................  Use of SSM Plan........  Use SSM plan to satisfy  No, for new or
                                                                 recordkeeping            reconstructed sources
                                                                 requirements for         which commenced
                                                                 identification of        construction or
                                                                 malfunction,             reconstruction after
                                                                 correction action        September 9, 2019. For
                                                                 taken, and nature of     all other affected
                                                                 repairs to CMS.          sources, Yes before
                                                                                          December 30, 2020, and
                                                                                          No thereafter. See 40
                                                                                          CFR 63.5515(c).
Sec. 63.10(d)(1)...................  General Reporting        Requirement to report..  Yes.
                                        Requirements.
Sec. 63.10(d)(2)...................  Report of Performance    When to submit to        Yes, except that Table
                                        Test Results.            federal or state         7 to this subpart
                                                                 authority.               specifies the
                                                                                          submittal date for the
                                                                                          Notification of
                                                                                          Compliance Status
                                                                                          Report.
Sec. 63.10(d)(3)...................  Reporting Opacity or VE  What to report and when  Yes, but only for
                                        Observations.                                     flares for which EPA
                                                                                          Method 22 observations
                                                                                          are required as part
                                                                                          of a flare compliance
                                                                                          assessment.
Sec. 63.10(d)(4)...................  Progress Reports.......  Must submit progress     Yes.
                                                                 reports on schedule if
                                                                 under compliance
                                                                 extension.
Sec. 63.10(d)(5)(i)................  Periodic SSM Reports...  Contents and submission  No, for new or
                                                                 of periodic SSM          reconstructed sources
                                                                 reports.                 which commenced
                                                                                          construction or
                                                                                          reconstruction after
                                                                                          September 9, 2019. For
                                                                                          all other affected
                                                                                          sources, Yes before
                                                                                          December 30, 2020, and
                                                                                          No thereafter. See
                                                                                          Sec. 63.5580(c)(4)
                                                                                          and Table 8 for
                                                                                          malfunction reporting
                                                                                          requirements.
Sec. 63.10(d)(5)(ii)...............  Immediate SSM Reports..  Contents and submission  No, for new or
                                                                 of immediate SSM         reconstructed sources
                                                                 reports.                 which commenced
                                                                                          construction or
                                                                                          reconstruction after
                                                                                          September 9, 2019. For
                                                                                          all other affected
                                                                                          sources, Yes before
                                                                                          December 29, 2020,
                                                                                          except that the
                                                                                          immediate SSM report
                                                                                          must be submitted as
                                                                                          part of the next
                                                                                          semiannual compliance
                                                                                          report, as specified
                                                                                          in Table 8 to this
                                                                                          subpart, and No
                                                                                          thereafter.
Sec. 63.10(e)(1) and (2)...........  Additional CMS Reports.  Must report results for  Yes, except that Sec.
                                                                 each CEMS on a unit;     63.10(e)(2)(ii) does
                                                                 written copy of          not apply because
                                                                 performance              subpart UUUU does not
                                                                 evaluation; three        require COMS.
                                                                 copies of COMS
                                                                 performance evaluation.
Sec. 63.10(e)(3)(i) through (iii)..  Reports................  Schedule for reporting   No. Replaced with
                                                                 excess emissions and     language in Sec.
                                                                 parameter monitor        63.5580.
                                                                 exceedance (now
                                                                 defined as deviations).
Sec. 63.10(e)(3)(iv)...............  Excess Emissions         Requirement to revert    No. Replaced with
                                        Reports.                 to quarterly             language in Sec.
                                                                 submission if there is   63.5580.
                                                                 an excess emissions
                                                                 and parameter monitor
                                                                 exceedance (now
                                                                 defined as
                                                                 deviations); provision
                                                                 to request semiannual
                                                                 reporting after
                                                                 compliance for 1 year;
                                                                 submit report by 30th
                                                                 day following end of
                                                                 quarter or calendar
                                                                 half; if there has not
                                                                 been an exceedance or
                                                                 excess emission (now
                                                                 defined as
                                                                 deviations), report
                                                                 contents is a
                                                                 statement that there
                                                                 have been no
                                                                 deviations.
Sec. 63.10(e)(3)(v)................  Excess Emissions         Must submit report       No. Replaced with
                                        Reports.                 containing all of the    language in Sec.
                                                                 information in Sec. 63.5580.
                                                                 63.10(c)(5) through
                                                                 (13), Sec.
                                                                 63.8(c)(7) and (8).

[[Page 1178]]

 
Sec. 63.10(e)(3)(vi) through (viii)  Excess Emissions Report  Requirements for         No. Replaced with
                                        and Summary Report.      reporting excess         language in Sec.
                                                                 emissions for CMS (now   63.5580.
                                                                 called deviations);
                                                                 requires all of the
                                                                 information in Sec.
                                                                 63.10(c)(5) through
                                                                 (13), Sec.
                                                                 63.8(c)(7) and (8).
Sec. 63.10(e)(4)...................  Reporting COMS Data....  Must submit COMS data    No. Subpart UUUU does
                                                                 with performance test    not require COMS.
                                                                 data.
Sec. 63.10(f)......................  Waiver for               Procedures for           Yes.
                                        Recordkeeping or         Administrator to waive.
                                        Reporting.
Sec. 63.11.........................  Control and Work         Requirements for flares  Yes.
                                        Practice Requirements.   and alternative work
                                                                 practice for equipment
                                                                 leaks.
Sec. 63.12.........................  State Authority and      State authority to       Yes.
                                        Delegations.             enforce standards.
Sec. 63.13.........................  Addresses..............  Addresses where          Yes.
                                                                 reports,
                                                                 notifications, and
                                                                 requests are sent.
Sec. 63.14.........................  Incorporations by        Test methods             Yes.
                                        Reference.               incorporated by
                                                                 reference.
Sec. 63.15.........................  Availability of          Public and confidential  Yes.
                                        Information and          information.
                                        Confidentiality.
Sec. 63.16.........................  Performance Track        Requirements for         Yes.
                                        Provisions.              Performance Track
                                                                 member facilities.
----------------------------------------------------------------------------------------------------------------


[85 FR 40019, July 2, 2020, as amended at 85 FR 73910, Nov. 19, 2020]



 Subpart VVVV_National Emission Standards for Hazardous Air Pollutants 
                         for Boat Manufacturing

    Source: 66 FR 44232, Aug. 22, 2001, unless otherwise noted.

                         What the Subpart Covers



Sec. 63.5680  What is the purpose of this subpart?

    (a) This subpart establishes national emission standards for 
hazardous air pollutants (HAP) for new and existing boat manufacturing 
facilities with resin and gel coat operations, carpet and fabric 
adhesive operations, or aluminum recreational boat surface coating 
operations. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with the emission standards.



Sec. 63.5683  Does this subpart apply to me?

    (a) This subpart applies to you if you meet both of the criteria 
listed in paragraphs (a)(1) and (2) of this section.
    (1) You are the owner or operator of a boat manufacturing facility 
that builds fiberglass boats or aluminum recreational boats.
    (2) Your boat manufacturing facility is a major source of HAP either 
in and of itself, or because it is collocated with other sources of HAP, 
such that all sources combined constitute a major source.
    (b) A boat manufacturing facility is a facility that manufactures 
hulls or decks of boats from fiberglass or aluminum, or assembles boats 
from premanufactured hulls and decks, or builds molds to make fiberglass 
hulls or decks. A facility that manufactures only parts of boats (such 
as hatches, seats, or lockers) or boat trailers is not considered a boat 
manufacturing facility for the purpose of this subpart.
    (c) A major source is any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or can potentially emit, considering controls, in the aggregate, 
9.1 megagrams (10 tons) or more per year of a single HAP or 22.7 
megagrams (25 tons) or more per year of a combination of HAP.
    (d) This subpart does not apply to aluminum coating operations on 
aluminum boats intended for commercial or military (nonrecreational) 
use, antifoulant coatings, assembly adhesives, fiberglass hull and deck 
coatings, research and development activities,

[[Page 1179]]

mold sealing and release agents, mold stripping and cleaning solvents, 
and wood coatings as defined in Sec. 63.5779. This subpart does not 
apply to materials contained in handheld aerosol cans.



Sec. 63.5686  How do I demonstrate that my facility is not a major source?

    You can demonstrate that your facility is not a major source by 
using the procedures in either paragraph (a) or (b) of this section.
    (a) Emission option. You must demonstrate that your facility does 
not emit, and does not have the potential to emit as defined in Sec. 
63.2, considering federally enforceable permit limits, 9.1 megagrams (10 
tons) or more per year of a single HAP or 22.7 megagrams (25 tons) or 
more per year of a combination of HAP. To calculate your facility's 
potential to emit, you must include emissions from the boat 
manufacturing facility and all other sources that are collocated and 
under common ownership or control with the boat manufacturing facility.
    (b) Material consumption option. This option can be used if you 
manufacture either fiberglass boats or aluminum recreational boats at 
your facility. You must meet the criteria in paragraph (b)(1), (2), or 
(3) of this section and comply with the requirements in paragraph (c) of 
this section. If you initially rely on the limits and criteria specified 
in paragraph (b)(1), (2), or (3) of this section to become an area 
source, but then exceed the relevant limit (without first obtaining and 
complying with other limits that keep your potential to emit HAP below 
major source levels), your facility will then become a major source, and 
you must comply with all applicable provisions of this subpart beginning 
on the compliance date specified in Sec. 63.5695. Nothing in this 
paragraph is intended to preclude you from limiting your facility's 
potential to emit through other federally enforceable mechanisms 
available through your permitting authority.
    (1) If your facility is primarily a fiberglass boat manufacturing 
facility, you must demonstrate that you consume less than 45.4 megagrams 
per rolling 12-month period of all combined polyester-and vinylester-
based resins and gel coats (including tooling and production resins and 
gel coats, and clear gel coats), and you must demonstrate that at least 
90 percent of total annual HAP emissions at the facility (including 
emissions from aluminum recreational boat manufacturing or other source 
categories) originate from the fiberglass boat manufacturing materials.
    (2) If your facility is primarily an aluminum recreational boat 
manufacturing facility, you must demonstrate that it consumes less than 
18.2 megagrams per rolling 12-month period of all combined surface 
coatings, aluminum wipedown solvents, application gun cleaning solvents, 
and carpet and fabric adhesives; and you must demonstrate that at least 
90 percent of total annual HAP emissions at the facility (including 
emissions from fiberglass boat manufacturing or other source categories) 
originate from the aluminum recreational boat manufacturing materials.
    (3) If your facility is a fiberglass boat or an aluminum 
recreational boat manufacturing facility, you must demonstrate that the 
boat manufacturing materials consumed per rolling 12-month period 
contain a total of less than 4.6 megagrams of any single HAP and less 
than 11.4 megagrams of all combined HAP, and you must demonstrate that 
at least 90 percent of total annual HAP emissions at the facility 
(including emissions from other source categories) originate from these 
boat manufacturing materials.
    (c) If you use the material consumption option described in 
paragraph (b) of this section to demonstrate that you are not a major 
source, you must comply with the requirements of paragraphs (c)(1) 
through (3) of this section.
    (1) If your facility has HAP emissions that do not originate from 
boat manufacturing operations or materials described in paragraph (b), 
then you must keep any records necessary to demonstrate that the 90 
percent criterion is met.
    (2) A rolling 12-month period includes the previous 12 months of 
operation. You must maintain records of the total amount of materials 
described in paragraph (b) of this section used each

[[Page 1180]]

month, and, if necessary, the HAP content of each material and the 
calculation of the total HAP consumed each month. Because records are 
needed for a 12-month period, you must keep records beginning no later 
than 12 months before the compliance date specified in Sec. 63.5695. 
Records must be kept for 5 years after they are created.
    (3) In determining whether the 90 percent criterion included in 
paragraph (b) of this section is met, you do not need to include 
materials used in routine janitorial, building, or facility grounds 
maintenance; personal uses by employees or other persons; or products 
used for maintaining motor vehicles operated by the facility.



Sec. 63.5689  What parts of my facility are covered by this subpart?

    The affected source (the portion of your boat manufacturing facility 
covered by this subpart) is the combination of all of the boat 
manufacturing operations listed in paragraphs (a) through (f) of this 
section.
    (a) Open molding resin and gel coat operations (including pigmented 
gel coat, clear gel coat, production resin, tooling gel coat, and 
tooling resin).
    (b) Closed molding resin operations.
    (c) Resin and gel coat mixing operations.
    (d) Resin and gel coat application equipment cleaning operations.
    (e) Carpet and fabric adhesive operations.
    (f) Aluminum hull and deck coating operations, including solvent 
wipedown operations and paint spray gun cleaning operations, on aluminum 
recreational boats.



Sec. 63.5692  How do I know if my boat manufacturing facility is
a new source or an existing source?

    (a) A boat manufacturing facility is a new source if it meets the 
criteria in paragraphs (a)(1) through (3) of this section.
    (1) You commence construction of the affected source after July 14, 
2000.
    (2) It is a major source.
    (3) It is a completely new boat manufacturing affected source where 
no other boat manufacturing affected source existed prior to the 
construction of the new source.
    (b) For the purposes of this subpart, an existing source is any 
source that is not a new source.



Sec. 63.5695  When must I comply with this subpart?

    You must comply with the standards in this subpart by the compliance 
dates specified in Table 1 to this subpart.

        Standards for Open Molding Resin and Gel Coat Operations



Sec. 63.5698  What emission limit must I meet for open molding
resin and gel coat operations?

    (a) You must limit organic HAP emissions from the five open molding 
operations listed in paragraphs (a)(1) through (5) of this section to 
the emission limit specified in paragraph (b) of this section. 
Operations listed in paragraph (d) are exempt from this limit.
    (1) Production resin.
    (2) Pigmented gel coat.
    (3) Clear gel coat.
    (4) Tooling resin.
    (5) Tooling gel coat.
    (b) You must limit organic HAP emissions from open molding 
operations to the limit specified by equation 1 of this section, based 
on a 12-month rolling average.
[GRAPHIC] [TIFF OMITTED] TR22AU01.011

Where:

HAP Limit= total allowable organic HAP that can be emitted from the open 
          molding operations, kilograms.
MR = mass of production resin used in the past 12 months, 
          excluding any materials exempt under paragraph (d) of this 
          section, megagrams.

[[Page 1181]]

MPG = mass of pigmented gel coat used in the past 12 months, 
          excluding any materials exempt under paragraph (d) of this 
          section, megagrams.
MCG = mass of clear gel coat used in the past 12 months, 
          excluding any materials exempt under paragraph (d) of this 
          section, megagrams.
MTR = mass of tooling resin used in the past 12 months, 
          excluding any materials exempt under paragraph (d) of this 
          section, megagrams.
MTG = mass of tooling gel coat used in the past 12 months, 
          excluding any materials exempt under paragraph (d) of this 
          section, megagrams.

    (c) The open molding emission limit is the same for both new and 
existing sources.
    (d) The materials specified in paragraphs (d)(1) through (3) of this 
section are exempt from the open molding emission limit specified in 
paragraph (b) of this section.
    (1) Production resins (including skin coat resins) that must meet 
specifications for use in military vessels or must be approved by the 
U.S. Coast Guard for use in the construction of lifeboats, rescue boats, 
and other life-saving appliances approved under 46 CFR subchapter Q or 
the construction of small passenger vessels regulated by 46 CFR 
subchapter T. Production resins for which this exemption is used must be 
applied with nonatomizing (non-spray) resin application equipment. You 
must keep a record of the resins for which you are using this exemption.
    (2) Pigmented, clear, and tooling gel coat used for part or mold 
repair and touch up. The total gel coat materials included in this 
exemption must not exceed 1 percent by weight of all gel coat used at 
your facility on a 12-month rolling-average basis. You must keep a 
record of the amount of gel coats used per month for which you are using 
this exemption and copies of calculations showing that the exempt amount 
does not exceed 1 percent of all gel coat used.
    (3) Pure, 100 percent vinylester resin used for skin coats. This 
exemption does not apply to blends of vinylester and polyester resins 
used for skin coats. The total resin materials included in the exemption 
cannot exceed 5 percent by weight of all resin used at your facility on 
a 12-month rolling-average basis. You must keep a record of the amount 
of 100 percent vinylester skin coat resin used per month that is 
eligible for this exemption and copies of calculations showing that the 
exempt amount does not exceed 5 percent of all resin used.



Sec. 63.5701  What are my options for complying with the open
molding emission limit?

    You must use one or more of the options listed in paragraphs (a) 
through (c) of this section to meet the emission limit in Sec. 63.5698 
for the resins and gel coats used in open molding operations at your 
facility.
    (a) Maximum achievable control technology (MACT) model point value 
averaging (emissions averaging) option. (1) Demonstrate that emissions 
from the open molding resin and gel coat operations that you average 
meet the emission limit in Sec. 63.5698 using the procedures described 
in Sec. 63.5710. Compliance with this option is based on a 12-month 
rolling average.
    (2) Those operations and materials not included in the emissions 
average must comply with either paragraph (b) or (c) of this section.
    (b) Compliant materials option. Demonstrate compliance by using 
resins and gel coats that meet the organic HAP content requirements in 
Table 2 to this subpart. Compliance with this option is based on a 12-
month rolling average.
    (c) Add-on control option. Use an enclosure and add-on control 
device, and demonstrate that the resulting emissions meet the emission 
limit in Sec. 63.5698. Compliance with this option is based on control 
device performance testing and control device monitoring.



Sec. 63.5704  What are the general requirements for complying with
the open molding emission limit?

    (a) Emissions averaging option. For those open molding operations 
and materials complying using the emissions averaging option, you must 
demonstrate compliance by performing the steps in paragraphs (a)(1) 
through (5) of this section.
    (1) Use the methods specified in Sec. 63.5758 to determine the 
organic HAP content of resins and gel coats.

[[Page 1182]]

    (2) Complete the calculations described in Sec. 63.5710 to show 
that the organic HAP emissions do not exceed the limit specified in 
Sec. 63.5698.
    (3) Keep records as specified in paragraphs (a)(3)(i) through (iv) 
of this section for each resin and gel coat.
    (i) Hazardous air pollutant content.
    (ii) Amount of material used per month.
    (iii) Application method used for production resin and tooling 
resin. This record is not required if all production resins and tooling 
resins are applied with nonatomized technology.
    (iv) Calculations performed to demonstrate compliance based on MACT 
model point values, as described in Sec. 63.5710.
    (4) Prepare and submit the implementation plan described in Sec. 
63.5707 to the Administrator and keep it up to date.
    (5) Submit semiannual compliance reports to the Administrator as 
specified in Sec. 63.5764.
    (b) Compliant materials option. For each open molding operation 
complying using the compliant materials option, you must demonstrate 
compliance by performing the steps in paragraphs (b)(1) through (4) of 
this section.
    (1) Use the methods specified in Sec. 63.5758 to determine the 
organic HAP content of resins and gel coats.
    (2) Complete the calculations described in Sec. 63.5713 to show 
that the weighted-average organic HAP content does not exceed the limit 
specified in Table 2 to this subpart.
    (3) Keep records as specified in paragraphs (b)(3)(i) through (iv) 
of this section for each resin and gel coat.
    (i) Hazardous air pollutant content.
    (ii) Application method for production resin and tooling resin. This 
record is not required if all production resins and tooling resins are 
applied with nonatomized technology.
    (iii) Amount of material used per month. This record is not required 
for an operation if all materials used for that operation comply with 
the organic HAP content requirements.
    (iv) Calculations performed, if required, to demonstrate compliance 
based on weighted-average organic HAP content as described in Sec. 
63.5713.
    (4) Submit semiannual compliance reports to the Administrator as 
specified in Sec. 63.5764.
    (c) Add-on control option. If you are using an add-on control 
device, you must demonstrate compliance by performing the steps in 
paragraphs (c)(1) through (5) of this section.
    (1) Conduct a performance test of the control device as specified in 
Sec. Sec. 63.5719 and 63.5722 to demonstrate initial compliance.
    (2) Use the performance test results to determine control device 
parameters to monitor after the performance test as specified in Sec. 
63.5725.
    (3) Comply with the operating limits specified in Sec. 63.5715 and 
the control device and emission capture system monitoring requirements 
specified in Sec. 63.5725 to demonstrate continuous compliance.
    (4) Keep the records specified in Sec. 63.5767.
    (5) Submit to the Administrator the notifications and reports 
specified in Sec. Sec. 63.5761 and 63.5764.



Sec. 63.5707  What is an implementation plan for open molding 
operations and when do I need to prepare one?

    (a) You must prepare an implementation plan for all open molding 
operations for which you comply by using the emissions averaging option 
described in Sec. 63.5704(a).
    (b) The implementation plan must describe the steps you will take to 
bring the open molding operations covered by this subpart into 
compliance. For each operation included in the emissions average, your 
implementation plan must include the elements listed in paragraphs 
(b)(1) through (3) of this section.
    (1) A description of each operation included in the average.
    (2) The maximum organic HAP content of the materials used, the 
application method used (if any atomized resin application methods are 
used in the average), and any other methods used to control emissions.
    (3) Calculations showing that the operations covered by the plan 
will comply with the open molding emission limit specified in Sec. 
63.5698.
    (c) You must submit the implementation plan to the Administrator 
with

[[Page 1183]]

the notification of compliance status specified in Sec. 63.5761.
    (d) You must keep the implementation plan on site and provide it to 
the Administrator when asked.
    (e) If you revise the implementation plan, you must submit the 
revised plan with your next semiannual compliance report specified in 
Sec. 63.5764.



Sec. 63.5710  How do I demonstrate compliance using emissions averaging?

    (a) Compliance using the emissions averaging option is demonstrated 
on a 12-month rolling-average basis and is determined at the end of 
every month (12 times per year). The first 12-month rolling-average 
period begins on the compliance date specified in Sec. 63.5695.
    (b) At the end of the twelfth month after your compliance date and 
at the end of every subsequent month, use equation 1 of this section to 
demonstrate that the organic HAP emissions from those operations 
included in the average do not exceed the emission limit in Sec. 
63.5698 calculated for the same 12-month period. (Include terms in 
equation 1 of Sec. 63.5698 and equation 1 of this section for only 
those operations and materials included in the average.)
[GRAPHIC] [TIFF OMITTED] TR22AU01.012

Where:

HAP emissions= Organic HAP emissions calculated using MACT model point 
          values for each operation included in the average, kilograms.
PVR = Weighted-average MACT model point value for production 
          resin used in the past 12 months, kilograms per megagram.
MR = Mass of production resin used in the past 12 months, 
          megagrams.
PVPG = Weighted-average MACT model point value for pigmented 
          gel coat used in the past 12 months, kilograms per megagram.
MPG = Mass of pigmented gel coat used in the past 12 months, 
          megagrams.
PVCG = Weighted-average MACT model point value for clear gel 
          coat used in the past 12 months, kilograms per megagram.
MCG = Mass of clear gel coat used in the past 12 months, 
          megagrams.
PVTR = Weighted-average MACT model point value for tooling 
          resin used in the past 12 months, kilograms per megagram.
MTR = Mass of tooling resin used in the past 12 months, 
          megagrams.
PVTG = Weighted-average MACT model point value for tooling 
          gel coat used in the past 12 months, kilograms per megagram.
MTG = Mass of tooling gel coat used in the past 12 months, 
          megagrams.

    (c) At the end of every month, use equation 2 of this section to 
compute the weighted-average MACT model point value for each open 
molding resin and gel coat operation included in the average.
[GRAPHIC] [TIFF OMITTED] TR22AU01.013

Where:

PVOP = weighted-average MACT model point value for each open 
          molding operation (PVR, PVPG, 
          PVCG, PVTR, and PVTG) 
          included in the average, kilograms of HAP per megagram of 
          material applied.
Mi = mass of resin or gel coat i used within an operation in 
          the past 12 months, megagrams.
n = number of different open molding resins and gel coats used within an 
          operation in the past 12 months.
PVi = the MACT model point value for resin or gel coat i used 
          within an operation in the past 12 months, kilograms of HAP 
          per megagram of material applied.

    (d) You must use the equations in Table 3 to this subpart to 
calculate the MACT model point value (PVi) for each resin and 
gel coat used in each operation in the past 12 months.
    (e) If the organic HAP emissions, as calculated in paragraph (b) of 
this section, are less than the organic HAP limit calculated in Sec. 
63.5698(b) for the same 12-month period, then you are in compliance with 
the emission limit in

[[Page 1184]]

Sec. 63.5698 for those operations and materials included in the 
average.

[66 FR 44232, Aug. 22, 2001; 66 FR 50504, Oct. 3, 2001]



Sec. 63.5713  How do I demonstrate compliance using compliant materials?

    (a) Compliance using the organic HAP content requirements listed in 
Table 2 to this subpart is based on a 12-month rolling average that is 
calculated at the end of every month. The first 12-month rolling-average 
period begins on the compliance date specified in Sec. 63.5695. If you 
are using filled material (production resin or tooling resin), you must 
comply according to the procedure described in Sec. 63.5714.
    (b) At the end of the twelfth month after your compliance date and 
at the end of every subsequent month, review the organic HAP contents of 
the resins and gel coats used in the past 12 months in each operation. 
If all resins and gel coats used in an operation have organic HAP 
contents no greater than the applicable organic HAP content limits in 
Table 2 to this subpart, then you are in compliance with the emission 
limit specified in Sec. 63.5698 for that 12-month period for that 
operation. In addition, you do not need to complete the weighted-average 
organic HAP content calculation contained in paragraph (c) of this 
section for that operation.
    (c) At the end of every month, you must use equation 1 of this 
section to calculate the weighted-average organic HAP content for all 
resins and gel coats used in each operation in the past 12 months.
[GRAPHIC] [TIFF OMITTED] TR22AU01.014

Where:

Mi = mass of open molding resin or gel coat i used in the 
          past 12 months in an operation, megagrams.
HAPi = Organic HAP content, by weight percent, of open 
          molding resin or gel coat i used in the past 12 months in an 
          operation. Use the methods in Sec. 63.5758 to determine 
          organic HAP content.
n = number of different open molding resins or gel coats used in the 
          past 12 months in an operation.

    (d) If the weighted-average organic HAP content does not exceed the 
applicable organic HAP content limit specified in Table 2 to this 
subpart, then you are in compliance with the emission limit specified in 
Sec. 63.5698.



Sec. 63.5714  How do I demonstrate compliance if I use filled resins?

    (a) If you are using a filled production resin or filled tooling 
resin, you must demonstrate compliance for the filled material on an as-
applied basis using equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR22AU01.015

Where:

PVF = The as-applied MACT model point value for a filled 
          production resin or tooling resin, kilograms organic HAP per 
          megagram of filled material.
PVu = The MACT model point value for the neat (unfilled) 
          resin, before filler is added, as calculated using the 
          formulas in Table 3 to this subpart.
% Filler = The weight-percent of filler in the as-applied filled resin 
          system.

    (b) If the filled resin is used as a production resin and the value 
of PVF calculated by equation 1 of this section does not 
exceed 46 kilograms of organic HAP per megagram of filled resin applied, 
then the filled resin is in compliance.
    (c) If the filled resin is used as a tooling resin and the value of 
PVF calculated by equation 1 of this section does not exceed 
54 kilograms of organic

[[Page 1185]]

HAP per megagram of filled resin applied, then the filled resin is in 
compliance.
    (d) If you are including a filled resin in the emissions averaging 
procedure described in Sec. 63.5710, then use the value of 
PVF calculated using equation 1 of this section for the value 
of PV i in equation 2 of Sec. 63.5710.

 Demonstrating Compliance for Open Molding Operations Controlled by Add-
                           On Control Devices



Sec. 63.5715  What operating limits must I meet?

    (a) For open molding operations on which you use a thermal oxidizer 
as an add-on control device, you must meet the operating limits 
specified in Table 4 to this subpart that apply to the emission capture 
system and thermal oxidizer. You must establish the operating limits 
during the performance test according to the procedures in Sec. 
63.5725. You must meet the operating limits at all times after you 
establish them.
    (b) If you use an add-on control device other than a thermal 
oxidizer, or wish to monitor an alternative parameter and comply with a 
different operating limit, you must apply to the Administrator for 
approval of alternative monitoring under Sec. 63.8(f).



Sec. 63.5716  When must I conduct a performance test?

    (a) If your source is an existing source, you must complete the add-
on control device performance test no later than the compliance date 
specified in Sec. 63.5695.
    (b) If your source is a new source, you must complete the add-on 
control device performance test no later than 180 days after the 
compliance date specified in Sec. 63.5695.
    (c) You must conduct a performance test every 5 years as part of 
renewing your 40 CFR part 70 or 71 operating permit.



Sec. 63.5719  How do I conduct a performance test?

    (a) You must capture the emissions using a permanent enclosure (such 
as a spray booth or similar containment device) and direct the captured 
emissions to the add-on control device.
    (b) You must measure emissions as specified in paragraph (b)(1) or 
(2) of this section.
    (1) If the enclosure vented to the control device is a permanent 
total enclosure as defined in Method 204 of appendix M to 40 CFR part 
51, then you may measure emissions only at the outlet of the control 
device.
    (2) If the permanent enclosure vented to the control device is not a 
total enclosure, you must build a temporary total enclosure, as defined 
in Method 204 of appendix M to 40 CFR part 51, around the permanent 
enclosure. You must then simultaneously measure emissions from the 
control device outlet and the emissions from the temporary total 
enclosure outlet. You determine compliance from the combined emissions 
from the control device outlet and the temporary total enclosure outlet.
    (c) You must conduct the control device performance test using the 
emission measurement methods specified in paragraphs (c)(1) through (4) 
of this section.
    (1) Use either Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select the sampling sites.
    (2) Use Method 2, 2A, 2C, 2D, 2F or 2G of appendix A to 40 CFR part 
60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 18 of appendix A to 40 CFR part 60 to measure organic 
HAP emissions or use Method 25A of appendix A to 40 CFR part 60 to 
measure total gaseous organic emissions as a surrogate for total organic 
HAP emissions. If you use Method 25A, you must assume that all gaseous 
organic emissions measured as carbon are organic HAP emissions. If you 
use Method 18 and the number of organic HAP in the exhaust stream 
exceeds five, you must take into account the use of multiple 
chromatographic columns and analytical techniques to get an accurate 
measure of at least 90 percent of the total organic HAP mass emissions. 
Do not use Method 18 to measure organic HAP emissions from a combustion 
device; use instead Method 25A and assume that all gaseous organic mass

[[Page 1186]]

emissions measured as carbon are organic HAP emissions.
    (4) You may use American Society for Testing and Materials (ASTM) 
D6420-99 (available for purchase from at least one of the following 
addresses: 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; or 
University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI 
48106.) in lieu of Method 18 of 40 CFR part 60, appendix A, under the 
conditions specified in paragraphs (c)(4)(i) through (iii) of this 
section.
    (i) If the target compound(s) is listed in Section 1.1 of ASTM 
D6420-99 and the target concentration is between 150 parts per billion 
by volume and 100 parts per million by volume.
    (ii) If the target compound(s) is not listed in Section 1.1 of ASTM 
D6420-99, but is potentially detected by mass spectrometry, an 
additional system continuing calibration check after each run, as 
detailed in Section 10.5.3 of ASTM D6420-99, must be followed, met, 
documented, and submitted with the performance test report even if you 
do not use a moisture condenser or the compound is not considered 
soluble.
    (iii) If a minimum of one sample/analysis cycle is completed at 
least every 15 minutes.
    (d) The control device performance test must consist of three runs 
and each run must last at least 1 hour. The production conditions during 
the test runs must represent normal production conditions with respect 
to the types of parts being made and material application methods. The 
production conditions during the test must also represent maximum 
potential emissions with respect to the organic HAP content of the 
materials being applied and the material application rates.
    (e) During the test, you must also monitor and record separately the 
amounts of production resin, tooling resin, pigmented gel coat, clear 
gel coat, and tooling gel coat applied inside the enclosure that is 
vented to the control device.



Sec. 63.5722  How do I use the performance test data
to demonstrate initial compliance?

    Demonstrate initial compliance with the open molding emission limit 
as described in paragraphs (a) through (c) of this section:
    (a) Calculate the organic HAP limit you must achieve using equation 
1 of Sec. 63.5698. For determining initial compliance, the organic HAP 
limit is based on the amount of material used during the performance 
test, in megagrams, rather than during the past 12 months. Calculate the 
limit using the megagrams of resin and gel coat applied inside the 
enclosure during the three runs of the performance test and equation 1 
of Sec. 63.5698.
    (b) Add the total measured emissions, in kilograms, from all three 
of the 1-hour runs of the performance test.
    (c) If the total emissions from the three 1-hour runs of the 
performance test are less than the organic HAP limit calculated in 
paragraph (a) of this section, then you have demonstrated initial 
compliance with the emission limit in Sec. 63.5698 for those operations 
performed in the enclosure and controlled by the add-on control device.



Sec. 63.5725  What are the requirements for monitoring and 
demonstrating continuous compliance?

    (a) You must establish control device parameters that indicate 
proper operation of the control device.
    (b) You must install, operate, and maintain a continuous parameter 
monitoring system as specified in paragraphs (b)(1) through (8) of this 
section.
    (1) The continuous parameter monitoring system must complete a 
minimum of one cycle of operation for each successive 15-minute period. 
You must have a minimum of four successive cycles of operation to have a 
valid hour of data.
    (2) You must have valid data from at least 90 percent of the hours 
during which the process operated.
    (3) You must determine the average of all recorded readings for each 
successive 3-hour period of the emission capture system and add-on 
control device operation.
    (4) You must maintain the continuous parameter monitoring system at 
all times and have available necessary parts for routine repairs of the 
monitoring equipment.

[[Page 1187]]

    (5) You must operate the continuous parameter monitoring system and 
collect emission capture system and add-on control device parameter data 
at all times that a controlled open molding operation is being 
performed, except during monitoring malfunctions, associated repairs, 
and required quality assurance or control activities (including, if 
applicable, calibration checks and required zero and span adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities when calculating data averages. You must 
use all the data collected during all other periods in calculating the 
data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) You must record the results of each inspection, calibration, and 
validation check.
    (8) Any period for which the monitoring system is out-of-control, as 
defined in Sec. 63.7(d)(7), or malfunctioning, and data are not 
available for required calculations is a deviation from the monitoring 
requirements. A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the continuous parameter monitoring 
system to provide valid data. Monitoring failures that are caused in 
part by poor maintenance or careless operation are not malfunctions.
    (c) Enclosure bypass line. You must meet the requirements of 
paragraphs (c)(1) and (2) of this section for each emission capture 
system enclosure that contains bypass lines that could divert emissions 
away from the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (c)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must be 
recorded, as well as every time the flow direction is changed. The flow 
control position indicator must be installed at the entrance to any 
bypass line that could divert the emissions away from the add-on control 
device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass line 
valve in the closed 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 
closed position, and the emissions are not diverted away from the add-on 
control device to the atmosphere.
    (iii) Valve closure continuous monitoring. Ensure that any bypass 
line valve is in the closed (non-diverting) position through monitoring 
of valve position at least once every 15 minutes. You must inspect the 
monitoring system at least once every month to verify that the monitor 
will indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the open molding operation is stopped when flow is diverted by the 
bypass line away from the add-on control device to the atmosphere when 
the open molding operation is running. You must inspect the automatic 
shutdown system at least once every month to verify that it will detect 
diversions of flow and shut down the open molding operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec. 63.5764(d).
    (d) Thermal oxidizers. If you are using a thermal oxidizer or 
incinerator as an

[[Page 1188]]

add-on control device, you must comply with the requirements in 
paragraphs (d)(1) through (6) of this section.
    (1) You must install a combustion temperature monitoring device in 
the firebox of the thermal oxidizer or incinerator, or in the duct 
immediately downstream of the firebox before any substantial heat 
exchange occurs. You must meet the requirements in paragraphs (b) and 
(d)(1)(i) through (vii) of this section for each temperature monitoring 
device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a minimum tolerance of 2.2 [deg]C 
or 0.75 percent of the temperature value, whichever is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a chart recorder is used, it must have a sensitivity in the 
minor division of at least 10 [deg]C.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must 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.
    (vi) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature range 
or install a new temperature sensor.
    (vii) At least monthly, inspect all components for integrity and all 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (2) Before or during the performance test, you must conduct a 
performance evaluation of the combustion temperature monitoring system 
according to Sec. 63.8(e). Section 63.8(e) specifies the general 
requirements for continuous monitoring systems and requirements for 
notifications, the site-specific performance evaluation plan, conduct of 
the performance evaluation, and reporting of performance evaluation 
results.
    (3) During the performance test required by Sec. 63.5716, you must 
monitor and record the combustion temperature and determine the average 
combustion temperature for the three 1-hour test runs. This average 
temperature is the minimum operating limit for the thermal oxidizer.
    (4) Following the performance test, you must continuously monitor 
the combustion temperature and record the average combustion temperature 
no less frequently than every 15 minutes.
    (5) You must operate the incinerator or thermal oxidizer so that the 
average combustion temperature in any 3-hour period does not fall below 
the average combustion temperature recorded during the performance test.
    (6) If the average combustion temperature in any 3-hour period falls 
below the average combustion temperature recorded during the performance 
test, or if you fail to collect the minimum data specified in paragraph 
(d)(4) of this section, it is a deviation for the operating limit in 
Sec. 63.5715.
    (e) Other control devices. If you are using a control device other a 
thermal oxidizer, then you must comply with alternative monitoring 
requirements and operating limits approved by the Administrator under 
Sec. 63.8(f).
    (f) Emission capture system. For each enclosure in the emission 
capture system, you must comply with the requirements in paragraphs 
(f)(1) through (5) of this section.
    (1) You must install a device to measure and record either the flow 
rate or the static pressure in the duct from each enclosure to the add-
on control device.
    (2) You must install a device to measure and record the pressure 
drop across at least one opening in each enclosure.
    (3) Each flow measurement device must meet the requirements in 
paragraphs (b) and (f)(3)(i) through (iv) of this section.
    (i) Locate the flow sensor in a position that provides a 
representative flow measurement in the duct between each enclosure in 
the emission capture system and the add-on control device.
    (ii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.

[[Page 1189]]

    (iii) Conduct a flow sensor calibration check at least semiannually.
    (iv) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (4) For each pressure measurement device, you must comply with the 
requirements in paragraphs (a) and (f)(4)(i) through (vii) of this 
section.
    (i) Locate each pressure drop sensor in or as close to a position 
that provides a representative measurement of the pressure drop across 
each enclosure opening you are monitoring.
    (ii) Locate each duct static pressure sensor in a position that 
provides a representative measurement of the static pressure in the duct 
between the enclosure and control device.
    (iii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iv) Check the pressure tap for plugging daily.
    (v) Use an inclined manometer with a measurement sensitivity of 
0.0004 millimeters mercury (mmHg) to check gauge calibration quarterly 
and transducer calibration monthly.
    (vi) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vii) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (5) For each capture device that is not part of a permanent total 
enclosure as defined in Method 204 in appendix M to 40 CFR part 51, you 
must establish an operating limit for either the gas volumetric flow 
rate or duct static pressure, as specified in paragraphs (f)(5)(i) and 
(ii) of this section. You must also establish an operating limit for 
pressure drop across at least one opening in each enclosure according to 
paragraphs (f)(5)(iii) and (iv) of this section. The operating limits 
for a permanent total enclosure are specified in Table 4 to this 
subpart.
    (i) During the emission test required by Sec. 63.5716 and described 
in Sec. 63.5719, you must monitor and record either the gas volumetric 
flow rate or the duct static pressure for each separate enclosure in 
your emission capture system at least once every 15 minutes during each 
of the three test runs at a point in the duct between the enclosure and 
the add-on control device inlet.
    (ii) Following the emission test, calculate and record the average 
gas volumetric flow rate or duct static pressure for the three test runs 
for each enclosure. This average gas volumetric flow rate or duct static 
pressure is the minimum operating limit for that specific enclosure.
    (iii) During the emission test required by Sec. 63.5716 and 
described in Sec. 63.5719, you must monitor and record the pressure 
drop across the opening of each enclosure in your emission capture 
system at least once every 15 minutes during each of the three test 
runs.
    (iv) Following the emission test, calculate and record the average 
pressure drop for the three test runs for each enclosure. This average 
pressure drop is the minimum operating limit for that specific 
enclosure.

              Standards for Closed Molding Resin Operations



Sec. 63.5728  What standards must I meet for closed molding resin
operations?

    (a) If a resin application operation meets the definition of closed 
molding specified in Sec. 63.5779, there is no requirement to reduce 
emissions from that operation.
    (b) If the resin application operation does not meet the definition 
of closed molding, then you must comply with the limit for open molding 
resin operations specified in Sec. 63.5698.
    (c) Open molding resin operations that precede a closed molding 
operation must comply with the limit for open molding resin and gel coat 
operations specified in Sec. 63.5698. Examples of these operations 
include gel coat or skin coat layers that are applied before lamination 
is performed by closed molding.

[[Page 1190]]

           Standards for Resin and Gel Coat Mixing Operations



Sec. 63.5731  What standards must I meet for resin and gel coat
mixing operations?

    (a) All resin and gel coat mixing containers with a capacity equal 
to or greater than 208 liters, including those used for on-site mixing 
of putties and polyputties, must have a cover with no visible gaps in 
place at all times.
    (b) The work practice standard in paragraph (a) of this section does 
not apply when material is being manually added to or removed from a 
container, or when mixing or pumping equipment is being placed in or 
removed from a container.
    (c) To demonstrate compliance with the work practice standard in 
paragraph (a) of this section, you must visually inspect all mixing 
containers subject to this standard at least once per month. The 
inspection should ensure that all containers have covers with no visible 
gaps between the cover and the container, or between the cover and 
equipment passing through the cover.
    (d) You must keep records of which mixing containers are subject to 
this standard and the results of the inspections, including a 
description of any repairs or corrective actions taken.

    Standards for Resin and Gel Coat Application Equipment Cleaning 
                               Operations



Sec. 63.5734  What standards must I meet for resin and gel coat
application equipment cleaning operations?

    (a) For routine flushing of resin and gel coat application equipment 
(e.g., spray guns, flowcoaters, brushes, rollers, and squeegees), you 
must use a cleaning solvent that contains no more than 5 percent organic 
HAP by weight. For removing cured resin or gel coat from application 
equipment, no organic HAP content limit applies.
    (b) You must store organic HAP-containing solvents used for removing 
cured resin or gel coat in containers with covers. The covers must have 
no visible gaps and must be in place at all times, except when equipment 
to be cleaned is placed in or removed from the container. On containers 
with a capacity greater than 7.6 liters, the distance from the top of 
the container to the solvent surface must be no less than 0.75 times the 
diameter of the container. Containers that store organic HAP-containing 
solvents used for removing cured resin or gel coat are exempt from the 
requirements of 40 CFR part 63, subpart T. Cured resin or gel coat means 
resin or gel coat that has changed from a liquid to a solid.



Sec. 63.5737  How do I demonstrate compliance with the resin and
gel coat application equipment cleaning standards?

    (a) Determine and record the organic HAP content of the cleaning 
solvents subject to the standards specified in Sec. 63.5734 using the 
methods specified in Sec. 63.5758.
    (b) If you recycle cleaning solvents on site, you may use 
documentation from the solvent manufacturer or supplier or a measurement 
of the organic HAP content of the cleaning solvent as originally 
obtained from the solvent supplier for demonstrating compliance, subject 
to the conditions in Sec. 63.5758 for demonstrating compliance with 
organic HAP content limits.
    (c) At least once per month, you must visually inspect any 
containers holding organic HAP-containing solvents used for removing 
cured resin and gel coat to ensure that the containers have covers with 
no visible gaps. Keep records of the monthly inspections and any repairs 
made to the covers.

           Standards for Carpet and Fabric Adhesive Operations



Sec. 63.5740  What emission limit must I meet for carpet and fabric
adhesive operations?

    (a) You must use carpet and fabric adhesives that contain no more 
than 5 percent organic HAP by weight.
    (b) To demonstrate compliance with the emission limit in paragraph 
(a) of this section, you must determine and record the organic HAP 
content of the carpet and fabric adhesives using the methods in Sec. 
63.5758.

[[Page 1191]]

   Standards for Aluminum Recreational Boat Surface Coating Operations



Sec. 63.5743  What standards must I meet for aluminum recreational
boat surface coating operations?

    (a) For aluminum wipedown solvent operations and aluminum surface 
coating operations, you must comply with either the separate emission 
limits in paragraphs (a)(1) and (2) of this section, or the combined 
emission limit in paragraph (a)(3) of this section. Compliance with 
these limitations is based on a 12-month rolling average that is 
calculated at the end of every month.
    (1) You must limit emissions from aluminum wipedown solvents to no 
more than 0.33 kilograms of organic HAP per liter of total coating 
solids applied from aluminum primers, clear coats, and top coats 
combined. No limit applies when cleaning surfaces are receiving decals 
or adhesive graphics.
    (2) You must limit emissions from aluminum recreational boat surface 
coatings (including thinners, activators, primers, topcoats, and clear 
coats) to no more than 1.22 kilograms of organic HAP per liter of total 
coating solids applied from aluminum primers, clear coats, and top coats 
combined.
    (3) You must limit emissions from the combined aluminum surface 
coatings and aluminum wipedown solvents to no more than 1.55 kilograms 
of organic HAP per liter of total coating solids applied from aluminum 
primers, clear coats, and top coats combined.
    (b) You must comply with the work practice standard in paragraph 
(b)(1), (2), (3), or (4) of this section when cleaning aluminum coating 
spray guns with solvents containing more than 5 percent organic HAP by 
weight.
    (1) Clean spray guns in an enclosed device. Keep the device closed 
except when you place spray guns in or remove them from the device.
    (2) Disassemble the spray gun and manually clean the components in a 
vat. Keep the vat closed when you are not using it.
    (3) Clean spray guns by placing solvent in the pressure pot and 
forcing the solvent through the gun. Do not use atomizing air during 
this procedure. Direct the used cleaning solvent from the spray gun into 
a container that you keep closed when you are not using it.
    (4) An alternative gun cleaning process or technology approved by 
the Administrator according to the procedures in Sec. 63.6(g).



Sec. 63.5746  How do I demonstrate compliance with the emission 
limits for aluminum wipedown solvents and aluminum coatings?

    To demonstrate compliance with the emission limits for aluminum 
wipedown solvents and aluminum coatings specified in Sec. 63.5743(a), 
you must meet the requirements of paragraphs (a) through (f) of this 
section.
    (a) Determine and record the organic HAP content (kilograms of 
organic HAP per kilogram of material, or weight fraction) of each 
aluminum wipedown solvent and aluminum coating (including primers, 
topcoats, clear coats, thinners, and activators). Use the methods in 
Sec. 63.5758 to determine organic HAP content.
    (b) Use the methods in Sec. 63.5758(b) to determine the solids 
content (liters of solids per liter of coating, or volume fraction) of 
each aluminum surface coating, including primers, topcoats, and clear 
coats. Keep records of the solids content.
    (c) Use the methods in Sec. 63.5758(c) to determine the density of 
each aluminum surface coating and wipedown solvent.
    (d) Compliance is based on a 12-month rolling average calculated at 
the end of every month. The first 12-month rolling-average period begins 
on the compliance date specified in Sec. 63.5695.
    (e) At the end of the twelfth month after your compliance date and 
at the end of every subsequent month, use the procedures in Sec. 
63.5749 to calculate the organic HAP from aluminum wipedown solvents per 
liter of coating solids, and use the procedures in Sec. 63.5752 to 
calculate the kilograms of organic HAP from aluminum coatings per liter 
of coating solids.
    (f) Keep records of the calculations used to determine compliance.
    (g) Approval of alternative means of demonstrating compliance. You 
may

[[Page 1192]]

apply to the Administrator for permission to use an alternative means 
(such as an add-on control system) of limiting emissions from aluminum 
wipedown solvent and coating operations and demonstrating compliance 
with the emission limits in Sec. 63.5743(a).
    (1) The application must include the information listed in 
paragraphs (g)(1)(i) through (iii) of this section.
    (i) An engineering evaluation that compares the emissions using the 
alternative means to the emissions that would result from using the 
strategy specified in paragraphs (a) through (e) of this section. The 
engineering evaluation may include the results from an emission test 
that accurately measures the capture efficiency and control device 
efficiency achieved by the control system and the composition of the 
associated coatings so that the emissions comparison can be made.
    (ii) A proposed monitoring protocol that includes operating 
parameter values to be monitored for compliance and an explanation of 
how the operating parameter values will be established through a 
performance test.
    (iii) Details of appropriate recordkeeping and reporting procedures.
    (2) The Administrator will approve the alternative means of limiting 
emissions if the Administrator determines that HAP emissions will be no 
greater than if the source uses the procedures described in paragraphs 
(a) through (e) of this section to demonstrate compliance.
    (3) The Administrator's approval may specify operation, maintenance, 
and monitoring requirements to ensure that emissions from the regulated 
operations are no greater than those that would otherwise result from 
regulated operations in compliance with this subpart.



Sec. 63.5749  How do I calculate the organic HAP content of aluminum 
wipedown solvents?

    (a) Use equation 1 of this section to calculate the weighted-average 
organic HAP content of aluminum wipedown solvents used in the past 12 
months.
[GRAPHIC] [TIFF OMITTED] TR22AU01.016

Where:

HAPWD = weighted-average organic HAP content of aluminum 
          wipedown solvents, kilograms of HAP per liter of total coating 
          solids from aluminum primers, top coats, and clear coats.
n = number of different wipedown solvents used in the past 12 months.
Volj = volume of aluminum wipedown solvent j used in the past 
          12 months, liters.
Dj = density of aluminum wipedown solvent j, kilograms per 
          liter.
Wj = mass fraction of organic HAP in aluminum wipedown 
          solvent j.
m = number of different aluminum surface coatings (primers, top coats, 
          and clear coats) used in the past 12 months.
Voli = volume of aluminum primer, top coat, or clear coat i 
          used in the past 12 months, liters.
Solidsi = solids content aluminum primer, top coat, or clear 
          coat i, liter solids per liter of coating.

    (b) Compliance is based on a 12-month rolling average. If the 
weighted-average organic HAP content does not exceed 0.33 kilograms of 
organic HAP per liter of total coating solids, then you are in 
compliance with the emission limit specified in Sec. 63.5743(a)(1).



Sec. 63.5752  How do I calculate the organic HAP content of aluminum recreational boat surface coatings?

    (a) Use equation 1 of this section to calculate the weighted-average 
HAP content for all aluminum surface coatings used in the past 12 
months.

[[Page 1193]]

[GRAPHIC] [TIFF OMITTED] TR22AU01.017

Where:

HAPSC = weighted-average organic HAP content for all aluminum 
          coating materials, kilograms of organic HAP per liter of 
          coating solids.
m = number of different aluminum primers, top coats, and clear coats 
          used in the past 12 months.
Voli = volume of aluminum primer, top coat, or clear coat i 
          used in the past 12 months, liters.
Di = density of coating i, kilograms per liter.
Wi = mass fraction of organic HAP in coating i, kilograms of 
          organic HAP per kilogram of coating.
p = number of different thinners, activators, and other coating 
          additives used in the past 12 months.
Volk = total volume of thinner, activator, or additive k used 
          in the past 12 months, liters.
Dk = density of thinner, activator, or additive k, kilograms 
          per liter.
Wk = mass fraction of organic HAP in thinner, activator, or 
          additive k, kilograms of organic HAP per kilogram of thinner 
          or activator.
Solidsi = solids content of aluminum primer, top coat, or 
          clear coat i, liter solids per liter of coating.

    (b) Compliance is based on a 12-month rolling average. If the 
weighted-average organic HAP content does not exceed 1.22 kilograms of 
organic HAP per liter of coating solids, then you are in compliance with 
the emission limit specified in Sec. 63.5743(a)(2).



Sec. 63.5753  How do I calculate the combined organic HAP content
of aluminum wipedown solvents and aluminum recreational boat
surface coatings?

    (a) Use equation 1 of this section to calculate the combined 
weighted-average organic HAP content of aluminum wipedown solvents and 
aluminum recreational boat surface coatings.
[GRAPHIC] [TIFF OMITTED] TR22AU01.018

Where:

HAPWD = the weighted-average organic HAP content of aluminum 
          wipedown solvents used in the past 12 months, calculated using 
          equation 1 of Sec. 63.5749.
HAPSC = the weighted average organic HAP content of aluminum 
          recreational boat surface coatings used in the past 12 months, 
          calculated using equation 1 of Sec. 63.5752.

    (b) Compliance is based on a 12-month rolling average. If the 
combined organic HAP content does not exceed 1.55 kilograms of organic 
HAP per liter of total coating solids, then you are in compliance with 
the emission limit specified in Sec. 63.5743(a)(3).



Sec. 63.5755  How do I demonstrate compliance with the aluminum
recreational boat surface coating spray gun cleaning work practice
standards?

    You must demonstrate compliance with the aluminum coating spray gun 
cleaning work practice standards by meeting the requirements of 
paragraph (a) or (b) of this section.
    (a) Demonstrate that solvents used to clean the aluminum coating 
spray guns contain no more than 5 percent organic HAP by weight by 
determining organic HAP content with the methods in Sec. 63.5758. Keep 
records of the organic HAP content determination.
    (b) For solvents containing more than 5 percent organic HAP by 
weight,

[[Page 1194]]

comply with the requirements in paragraph (b)(1) or (b)(2), and 
paragraph (b)(3) of this section.
    (1) If you are using an enclosed spray gun cleaner, visually inspect 
it at least once per month to ensure that covers are in place and the 
covers have no visible gaps when the cleaner is not in use, and that 
there are no leaks from hoses or fittings.
    (2) If you are manually cleaning the gun or spraying solvent into a 
container that can be closed, visually inspect all solvent containers at 
least once per month to ensure that the containers have covers and the 
covers fit with no visible gaps.
    (3) Keep records of the monthly inspections and any repairs that are 
made to the enclosed gun cleaners or the covers.

         Methods for Determining Hazardous Air Pollutant Content



Sec. 63.5758  How do I determine the organic HAP content of materials?

    (a) Determine the organic HAP content for each material used. To 
determine the organic HAP content for each material used in your open 
molding resin and gel coat operations, carpet and fabric adhesive 
operations, or aluminum recreational boat surface coating operations, 
you must use one of the options in paragraphs (a)(1) through (6) of this 
section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the procedures 
specified in paragraphs (a)(1)(i) and (ii) of this section when 
determining organic HAP content by Method 311.
    (i) Include in the organic HAP total each organic HAP that is 
measured to be present at 0.1 percent by mass or more for Occupational 
Safety and Health Administration (OSHA)-defined carcinogens as specified 
in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more for other 
compounds. For example, if toluene (not an OSHA carcinogen) is measured 
to be 0.5 percent of the material by mass, you do not need to include it 
in the organic HAP total. Express the mass fraction of each organic HAP 
you measure as a value truncated to four places after the decimal point 
(for example, 0.1234).
    (ii) Calculate the total organic HAP content in the test material by 
adding up the individual organic HAP contents and truncating the result 
to three places after the decimal point (for example, 0.123).
    (2) Method 24 (appendix A to 40 CFR part 60). You may use Method 24 
to determine the mass fraction of non-aqueous volatile matter of 
aluminum coatings and use that value as a substitute for mass fraction 
of organic HAP.
    (3) ASTM D1259-85 (Standard Test Method for Nonvolatile Content of 
Resins). You may use ASTM D1259-85 (available for purchase from ASTM) to 
measure the mass fraction of volatile matter of resins and gel coats for 
open molding operations and use that value as a substitute for mass 
fraction of organic HAP.
    (4) Alternative method. You may use an alternative test method for 
determining mass fraction of organic 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.
    (5) 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) through (4) of this section, such 
as manufacturer's formulation data, according to paragraphs (a)(5)(i) 
through (iii) of this section.
    (i) Include in the organic HAP total each organic HAP that is 
present at 0.1 percent by mass or more for OSHA-defined carcinogens as 
specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more 
for other compounds. For example, if toluene (not an OSHA carcinogen) is 
0.5 percent of the material by mass, you do not have to include it in 
the organic HAP total.
    (ii) If the organic 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. If a separate measurement of the total 
organic HAP content using the methods specified in paragraphs (a)(1) 
through (4) of this section exceeds the upper limit of the range of the 
total organic HAP content provided by the material supplier or

[[Page 1195]]

manufacturer, then you must use the measured organic HAP content to 
determine compliance.
    (iii) If the organic HAP content is provided as a single value, you 
may assume the value is a manufacturing target value and actual organic 
HAP content may vary from the target value. If a separate measurement of 
the total organic HAP content using the methods specified in paragraphs 
(a)(1) through (4) of this section is less than 2 percentage points 
higher than the value for total organic HAP content provided by the 
material supplier or manufacturer, then you may use the provided value 
to demonstrate compliance. If the measured total organic HAP content 
exceeds the provided value by 2 percentage points or more, then you must 
use the measured organic HAP content to determine compliance.
    (6) Solvent blends. Solvent blends may be listed as single 
components for some regulated materials in certifications provided by 
manufacturers or suppliers. Solvent blends may contain organic HAP which 
must be counted toward the total organic HAP content of the materials. 
When detailed organic HAP content data for solvent blends are not 
available, you may use the values for organic HAP content that are 
listed in Table 5 or 6 to this subpart. You may use Table 6 to this 
subpart only if the solvent blends in the materials you use do not match 
any of the solvent blends in Table 5 to this subpart and you know only 
whether the blend is either aliphatic or aromatic. However, if test 
results indicate higher values than those listed in Table 5 or 6 to this 
subpart, then the test results must be used for determining compliance.
    (b) Determine the volume fraction solids in aluminum recreational 
boat surface coatings. To determine the volume fraction of coating 
solids (liters of coating solids per liter of coating) for each aluminum 
recreational boat surface coating, you must use one of the methods 
specified in paragraphs (b)(1) through (3) of this section. If the 
results obtained with paragraphs (b)(2) or (3) of this section do not to 
agree with those obtained according to paragraph (b)(1) of this section, 
you must use the results obtained with paragraph (b)(1) of this section 
to determine compliance.
    (1) ASTM Method D2697-86(1998) or D6093-97. You may use ASTM Method 
D2697-86(1998) or D6093-97 (available for purchase from ASTM) to 
determine the volume fraction of coating solids for each coating. Divide 
the nonvolatile volume percent obtained with the methods by 100 to 
calculate volume fraction of coating solids.
    (2) Information from the supplier or manufacturer of the material. 
You may obtain the volume fraction of coating solids for each coating 
from the supplier or manufacturer.
    (3) Calculation of volume fraction of coating solids. You may 
determine it using equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR22AU01.019

Where:

Solids = volume fraction of coating solids, liters coating solids per 
          liter coating.
\m\volatiles = Total volatile matter content of the coating, including 
          organic HAP, volatile organic compounds, water, and exempt 
          compounds, determined according to Method 24 in appendix A of 
          40 CFR part 60, grams volatile matter per liter coating.
Davg = average density of volatile matter in the coating, 
          grams volatile matter per liter volatile matter, determined 
          from test results using ASTM Method D1475-90 (available for 
          purchase from ASTM), information from the supplier or 
          manufacturer of the material, or reference sources providing 
          density or specific gravity data for pure materials. If there 
          is disagreement between ASTM Method D1475-90 test results and 
          other information sources, the test results will take 
          precedence.

    (c) Determine the density of each aluminum recreational boat 
wipedown solvent and surface coating. Determine the density of all 
aluminum recreational boat wipedown solvents, surface coatings, 
thinners, and other additives from test results using ASTM Method D1475-
90, information from the supplier or manufacturer of the material, or 
reference sources providing density or specific gravity data for pure 
materials. If there is disagreement between ASTM Method D1475-90 test 
results and other information sources, you must

[[Page 1196]]

use the test results to demonstrate compliance.

                   Notifications, Reports, and Records



Sec. 63.5761  What notifications must I submit and when?

    (a) You must submit all of the notifications in Table 7 to this 
subpart that apply to you by the dates in the table. The notifications 
are described more fully in 40 CFR part 63, subpart A, General 
Provisions, referenced in Table 8 to this subpart.
    (b) If you change any information submitted in any notification, you 
must submit the changes in writing to the Administrator within 15 
calendar days after the change.



Sec. 63.5764  What reports must I submit and when?

    (a) You must submit the applicable reports specified in paragraphs 
(b) through (e) of this section. To the extent possible, you must 
organize each report according to the operations covered by this subpart 
and the compliance procedure followed for that operation.
    (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 dates in paragraphs (b)(1) through (5) of this section.
    (1) If your source is not controlled by an add-on control device 
(i.e., you are complying with organic HAP content limits, application 
equipment requirements, or MACT model point value averaging provisions), 
the first compliance report must cover the period beginning 12 months 
after the compliance date specified for your source in Sec. 63.5695 and 
ending on June 30 or December 31, whichever date is the first date 
following the end of the first 12-month period after the compliance date 
that is specified for your source in Sec. 63.5695. If your source is 
controlled by an add-on control device, the first compliance report must 
cover the period beginning on the compliance date specified for your 
source in Sec. 63.5695 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. 
63.5695.
    (2) The first compliance report must be postmarked or delivered no 
later than 60 calendar days after the end of the compliance reporting 
period specified in paragraph (b)(1) of this section.
    (3) Each subsequent compliance report must cover the applicable 
semiannual reporting period from January 1 through June 30 or from July 
1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than 60 calendar days 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 (b)(1) through (4) of this section.
    (c) The compliance report must include the information specified in 
paragraphs (c)(1) through (7) of this section.
    (1) Company name and address.
    (2) A statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the report.
    (3) The date of the report and the beginning and ending dates of the 
reporting period.
    (4) A description of any changes in the manufacturing process since 
the last compliance report.
    (5) A statement or table showing, for each regulated operation, the 
applicable organic HAP content limit, application equipment requirement, 
or MACT model point value averaging provision with which you are 
complying. The statement or table must also show the actual weighted-
average organic HAP content or weighted-average MACT model point value 
(if applicable) for each operation during each of the rolling 12-month 
averaging periods that end during the reporting period.
    (6) If you were in compliance with the emission limits and work 
practice standards during the reporting period,

[[Page 1197]]

you must include a statement to that effect.
    (7) If you deviated from an emission limit or work practice standard 
during the reporting period, you must also include the information 
listed in paragraphs (c)(7)(i) through (iv) of this section in the 
semiannual compliance report.
    (i) A description of the operation involved in the deviation.
    (ii) The quantity, organic HAP content, and application method (if 
relevant) of the materials involved in the deviation.
    (iii) A description of any corrective action you took to minimize 
the deviation and actions you have taken to prevent it from happening 
again.
    (iv) A statement of whether or not your facility was in compliance 
for the 12-month averaging period that ended at the end of the reporting 
period.
    (d) If your facility has an add-on control device, you must submit 
semiannual compliance reports and quarterly excess emission reports as 
specified in Sec. 63.10(e). The contents of the reports are specified 
in Sec. 63.10(e).

[66 FR 44232, Aug. 22, 2001, as amended at 85 FR 15971, Mar. 20, 2020]



Sec. 63.5765  How do I submit my reports?

    (a) 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 (a)(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 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 (a)(1) 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 (a)(1) of this section.
    (b) Within 60 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 (b)(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

[[Page 1198]]

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. If you claim some of the 
information submitted under paragraph (a)(1) 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 
(a)(1) of this section.
    (c) For sources that commence construction or reconstruction before 
or on May 17, 2019, you must submit to the Administrator semiannual 
compliance reports of the information required in Sec. 63.5764(c) and 
(d) beginning on September 16, 2020. For sources that commence 
construction or reconstruction after May 17, 2019, you must submit to 
the Administrator semiannual compliance reports of the information 
required in Sec. 63.5764(c) and (d) beginning on March 20, 2020, or 
upon startup, whichever is later.
    (d) If you are required to submit reports following the procedure 
specified in this paragraph (d), beginning on September 16, 2020, you 
must submit all subsequent 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 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 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 the EPA via the EPA's CDX as described earlier in this 
paragraph (d).
    (e) 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 (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 the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning 5 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;

[[Page 1199]]

    (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) 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 (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 outages).
    (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) A description of 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.

[85 FR 15971, Mar. 20, 2020]



Sec. 63.5767  What records must I keep?

    You must keep the records specified in paragraphs (a) through (d) of 
this section in addition to records specified in individual sections of 
this subpart.
    (a) You must keep a copy of each notification and report that you 
submitted to comply with this subpart.
    (b) You must keep all documentation supporting any notification or 
report that you submitted.
    (c) If your facility is not controlled by an add-on control device 
(i.e., you are complying with organic HAP content limits, application 
equipment requirements, or MACT model point value averaging provisions), 
you must keep the records specified in paragraphs (c)(1) through (3) of 
this section.
    (1) The total amounts of open molding production resin, pigmented 
gel coat, clear gel coat, tooling resin, and tooling gel coat used per 
month and the weighted-average organic HAP contents for each operation, 
expressed as weight-percent. For open molding production resin and 
tooling resin, you must also record the amounts of each applied by 
atomized and nonatomized methods.
    (2) The total amount of each aluminum coating used per month 
(including primers, top coats, clear coats, thinners, and activators) 
and the weighted-average organic HAP content as determined in Sec. 
63.5752.
    (3) The total amount of each aluminum wipedown solvent used per

[[Page 1200]]

month and the weighted-average organic HAP content as determined in 
Sec. 63.5749.
    (d) If your facility has an add-on control device, you must keep the 
records of any failures to meet the applicable standards, including the 
date, time, and duration of the failure; a list of the affected add-on 
control device and actions taken to minimize emissions, 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; 
control device performance tests; and continuous monitoring system 
performance evaluations.

[66 FR 44232, Aug. 22, 2001, as amended at 85 FR 15973, Mar. 20, 2020]



Sec. 63.5770  In what form and for how long must I keep my records?

    (a) Your records must be readily available and in a form so they can 
be easily inspected and reviewed.
    (b) You must keep each record for 5 years following the date that 
each record is generated.
    (c) You must keep each record on site for at least 2 years after the 
date that each record is generated. You can keep the records offsite for 
the remaining 3 years.
    (d) You can keep the records on paper or an alternative media, such 
as microfilm, computer, computer disks, magnetic tapes, or on 
microfiche.
    (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.

[66 FR 44232, Aug. 22, 2001, as amended at 85 FR 15973, Mar. 20, 2020]

                   Other Information You Need To Know



Sec. 63.5773  What parts of the General Provisions apply to me?

    You must comply with the requirements of the General Provisions in 
40 CFR part 63, subpart A, as specified in Table 8 to this subpart.



Sec. 63.5776  Who implements and enforces this subpart?

    (a) If the Administrator has delegated authority to your State or 
local agency, the State or local agency has the authority to implement 
and enforce this subpart.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State or local agency under 40 CFR part 63, subpart E, the 
authorities that are retained by the Administrator of the U.S. EPA and 
are not transferred to the State or local agency are listed in 
paragraphs (b)(1) through (4) of this section.
    (1) Under Sec. 63.6(g), the authority to approve alternatives to 
the standards listed in paragraphs (b)(1)(i) through (vii) of this 
section is not delegated.
    (i) Sec. 63.5698--Emission limit for open molding resin and gel 
coat operations.
    (ii) Sec. 63.5728--Standards for closed molding resin operations.
    (iii) Sec. 63.5731(a)--Standards for resin and gel coat mixing 
operations.
    (iv) Sec. 63.5734--Standards for resin and gel coat application 
equipment cleaning operations.
    (v) Sec. 63.5740(a)--Emission limit for carpet and fabric adhesive 
operations.
    (vi) Sec. 63.5743--Standards for aluminum recreational boat surface 
coating operations.
    (vii) Sec. 63.5746(g)--Approval of alternative means of 
demonstrating compliance with the emission limits for aluminum 
recreational boat surface coating operations.
    (2) Under Sec. 63.7(e)(2)(ii) and (f), the authority to approve 
alternatives to the test methods listed in paragraphs (b)(2)(i) through 
(iv) of this section is not delegated.
    (i) Sec. 63.5719(b)--Method for determining whether an enclosure is 
a total enclosure.
    (ii) Sec. 63.5719(c)--Methods for measuring emissions from a 
control device.
    (iii) Sec. 63.5725(d)(1)--Performance specifications for thermal 
oxidizer combustion temperature monitors.
    (iv) Sec. 63.5758--Method for determining hazardous air pollutant 
content of regulated materials.
    (3) Under Sec. 63.8(f), the authority to approve major alternatives 
to the monitoring requirements listed in Sec. 63.5725

[[Page 1201]]

is not delegated. A ``major alternative'' is defined in Sec. 63.90.
    (4) Under Sec. 63.10(f), the authority to approve major 
alternatives to the reporting and recordkeeping requirements listed in 
Sec. Sec. 63.5764, 63.5767, and 63.5770 is not delegated. A ``major 
alternative'' is defined in Sec. 63.90.

                               Definitions



Sec. 63.5779  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:
    Add-on control means an air pollution control device, such as a 
thermal oxidizer, that reduces pollution in an air stream by destruction 
or removal before discharge to the atmosphere.
    Administrator means the Administrator of the United States 
Environmental Protection Agency (U.S. EPA) or an authorized 
representative (for example, a State delegated the authority to carry 
out the provisions of this subpart).
    Aluminum recreational boat means any marine or freshwater 
recreational boat that has a hull or deck constructed primarily of 
aluminum. A recreational boat is a vessel which by design and 
construction is intended by the manufacturer to be operated primarily 
for pleasure, or to be leased, rented or chartered to another for the 
latter's pleasure (rather than for commercial or military purposes); and 
whose major structural components are fabricated and assembled in an 
indoor, production-line manufacturing plant or similar land-side 
operation and not in a dry dock, graving dock, or marine railway on the 
navigable waters of the United States.
    Aluminum recreational boat surface coating operation means the 
application of primers or top coats to aluminum recreational boats. It 
also includes the application of clear coats over top coats. Aluminum 
recreational boat surface coating operations do not include the 
application of wood coatings or antifoulant coatings to aluminum 
recreational boats.
    Aluminum coating spray gun cleaning means the process of flushing or 
removing paints or coatings from the interior or exterior of a spray gun 
used to apply aluminum primers, clear coats, or top coats to aluminum 
recreational boats.
    Aluminum wipedown solvents means solvents used to remove oil, 
grease, welding smoke, or other contaminants from the aluminum surfaces 
of a boat before priming or painting. Aluminum wipedown solvents contain 
no coating solids; aluminum surface preparation materials that contain 
coating solids are considered coatings for the purpose of this subpart 
and are not wipedown solvents.
    Antifoulant coating means any coating that is applied to the 
underwater portion of a boat specifically to prevent or reduce the 
attachment of biological organisms and that is registered with EPA as a 
pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. section 136, et seq.). For the purpose of this subpart, 
primers used with antifoulant coatings to prepare the surface to accept 
the antifoulant coating are considered antifoulant coatings.
    Assembly adhesive means any chemical material used in the joining of 
one fiberglass, metal, foam, or wood parts to another to form a 
temporary or permanently bonded assembly. Assembly adhesives include, 
but are not limited to, methacrylate adhesives and putties made from 
polyester or vinylester resin mixed with inert fillers or fibers.
    Atomized resin application means a resin application technology in 
which the resin leaves the application equipment and breaks into 
droplets or an aerosol as it travels from the application equipment to 
the surface of the part. Atomized resin application includes, but is not 
limited to, resin spray guns and resin chopper spray guns.
    Boat means any type of vessel, other than a seaplane, that can be 
used for transportation on the water.
    Boat manufacturing facility means a facility that manufactures the 
hulls or decks of boats from fiberglass or aluminum or assembles boats 
from premanufactured hulls and decks, or builds molds to make fiberglass 
hulls or decks. A facility that manufactures only parts of boats (such 
as hatches, seats, or lockers) or boat trailers, but

[[Page 1202]]

no boat hulls or decks or molds for fiberglass boat hulls or decks, is 
not considered a boat manufacturing facility for the purpose of this 
subpart.
    Carpet and fabric adhesive means any chemical material that 
permanently attaches carpet, fabric, or upholstery to any surface of a 
boat.
    Clear gel coat means gel coats that are clear or translucent so that 
underlying colors are visible. Clear gel coats are used to manufacture 
parts for sale. Clear gel coats do not include tooling gel coats used to 
build or repair molds.
    Closed molding means any molding process in which pressure is used 
to distribute the resin through the reinforcing fabric placed between 
two mold surfaces to either saturate the fabric or fill the mold cavity. 
The pressure may be clamping pressure, fluid pressure, atmospheric 
pressure, or vacuum pressure used either alone or in combination. The 
mold surfaces may be rigid or flexible. Closed molding includes, but is 
not limited to, compression molding with sheet molding compound, 
infusion molding, resin injection molding (RIM), vacuum-assisted resin 
transfer molding (VARTM), resin transfer molding (RTM), and vacuum-
assisted compression molding. Processes in which a closed mold is used 
only to compact saturated fabric or remove air or excess resin from the 
fabric (such as in vacuum bagging), are not considered closed molding. 
Open molding steps, such as application of a gel coat or skin coat layer 
by conventional open molding prior to a closed molding process, are not 
closed molding.
    Cured resin and gel coat means resin or gel coat that has been 
polymerized and changed from a liquid to a solid.
    Deviation after September 16, 2020, 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 limit, 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 and that is included in the 
operating permit for any affected source required to obtain such a 
permit.
    Deviation before September 17, 2020 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 limit, 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 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 limit, or 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.
    Enclosure means a structure, such as a spray booth, that surrounds a 
source of emissions and captures and directs the emissions to an add-on 
control device.
    Fiberglass boat means a vessel in which either the hull or deck is 
built from a composite material consisting of a thermosetting resin 
matrix reinforced with fibers of glass, carbon, aramid, or other 
material.
    Fiberglass hull and deck coatings means coatings applied to the 
exterior or interior surface of fiberglass boat hulls and decks on the 
completed boat. Polyester and vinylester resins and gel coats used in 
building fiberglass parts are not fiberglass hull and deck coatings for 
the purpose of this subpart.
    Filled resin means a resin to which an inert material has been added 
to change viscosity, density, shrinkage, or other physical properties.
    Gel coat means a thermosetting resin surface coating containing 
styrene (Chemical Abstract Service or CAS No. 100-42-5) or methyl 
methacrylate (CAS No. 80-62-6), either pigmented or clear, that provides 
a cosmetic enhancement or improves resistance to degradation from 
exposure to the elements. Gel coat layers do not contain any reinforcing 
fibers and gel coats are applied directly to mold surfaces or to a 
finished laminate.

[[Page 1203]]

    Hazardous air pollutant or HAP means any air pollutant listed in, or 
pursuant to section 112(b) of the Clean Air Act.
    Hazardous air pollutant content or HAP content means the amount of 
HAP contained in a regulated material at the time it is applied to the 
part being manufactured. If no HAP is added to a material as a thinner 
or diluent, then the HAP content is the same as the HAP content of the 
material as purchased from the supplier. For resin and gel coat, HAP 
content does not include any HAP contained in the catalyst added to the 
resin or gel coat during application to initiate curing.
    Hazardous air pollutant data sheet (HDS) means documentation 
furnished by a material supplier or an outside laboratory to provide the 
organic HAP content of the material by weight, measured using an EPA 
Method, manufacturer's formulation data, or an equivalent method. For 
aluminum coatings, the HDS also documents the solids content by volume, 
determined from the manufacturer's formulation data. The purpose of the 
HDS is to help the affected source in showing compliance with the 
organic HAP content limits contained in this subpart. The HDS must state 
the maximum total organic HAP concentration, by weight, of the material. 
It must include any organic HAP concentrations equal to or greater than 
0.1 percent by weight for individual organic HAP that are carcinogens, 
as defined by the Occupational Safety and Health Administration Hazard 
Communication Standard (29 CFR part 1910), and 1.0 percent by weight for 
all other individual organic HAP, as formulated. The HDS must also 
include test conditions if EPA Method 311 is used for determining 
organic HAP content.
    Maximum achievable control technology (MACT) model point value means 
a number calculated for open molding operations that is a surrogate for 
emissions and is used to determine if your open molding operations are 
in compliance with the provisions of this subpart. The units for MACT 
model point values are kilograms of organic HAP per megagram of resin or 
gel coat applied.
    Manufacturer's certification means documentation furnished by a 
material supplier that shows the organic HAP content of a material and 
includes a HDS.
    Mold means the cavity or surface into or on which gel coat, resin, 
and fibers are placed and from which finished fiberglass parts take 
their form.
    Mold sealing and release agents means materials applied to a mold to 
seal, polish, and lubricate the mold to prevent parts from sticking to 
the mold. Mold sealers, waxes, and glazing and buffing compounds are 
considered mold sealing and release agents for the purposes of this 
subpart.
    Mold stripping and cleaning solvents means materials used to remove 
mold sealing and release agents from a mold before the mold surface is 
repaired, polished, or lubricated during normal mold maintenance.
    Month means a calendar month.
    Neat resin means a resin to which no filler has been added.
    Nonatomized resin application means any application technology in 
which the resin is not broken into droplets or an aerosol as it travels 
from the application equipment to the surface of the part. Nonatomized 
resin application technology includes, but is not limited to, 
flowcoaters, chopper flowcoaters, pressure fed resin rollers, resin 
impregnators, and hand application (for example, paint brush or paint 
roller).
    Open molding resin and gel coat operation means any process in which 
the reinforcing fibers and resin are placed in the mold and are open to 
the surrounding air while the reinforcing fibers are saturated with 
resin. For the purposes of this subpart, open molding includes 
operations in which a vacuum bag or similar cover is used to compress an 
uncured laminate to remove air bubbles or excess resin, or to achieve a 
bond between a core material and a laminate.
    Pigmented gel coat means opaque gel coats used to manufacture parts 
for sale. Pigmented gel coats do not include tooling gel coats used to 
build or repair molds.
    Production resin means any resin used to manufacture parts for sale. 
Production resins do not include tooling resins used to build or repair 
molds, or assembly adhesives as defined in this section.

[[Page 1204]]

    Recycled resin and gel coat application equipment cleaning solvent 
means cleaning solvents recycled on-site or returned to the supplier or 
another party to remove resin or gel coat residues so that the solvent 
can be reused.
    Research and development activities means:
    (1) Activities conducted at a laboratory to analyze air, soil, 
water, waste, or product samples for contaminants, environmental impact, 
or quality control;
    (2) Activities conducted to test more efficient production processes 
or methods for preventing or reducing adverse environmental impacts, 
provided that the activities do not include the production of an 
intermediate or final product for sale or exchange for commercial 
profit, except in a de minimis manner; and
    (3) Activities conducted at a research or laboratory facility that 
is operated under the close supervision of technically trained 
personnel, the primary purpose of which is to conduct research and 
development into new processes and products and that is not engaged in 
the manufacture of products for sale or exchange for commercial profit, 
except in a de minimis manner.
    Resin means any thermosetting resin with or without pigment 
containing styrene (CAS No. 100-42-5) or methyl methacrylate (CAS No. 
80-62-6) and used to encapsulate and bind together reinforcement fibers 
in the construction of fiberglass parts.
    Resin and gel coat application equipment cleaning means the process 
of flushing or removing resins and gel coats from the interior or 
exterior of equipment that is used to apply resin or gel coat in the 
manufacture of fiberglass parts.
    Resin and gel coat mixing operation means any operation in which 
resin or gel coat, including the mixing of putties or polyputties, is 
combined with additives that include, but are not limited to, fillers, 
promoters, or catalysts.
    Roll-out means the process of using rollers, squeegees, or similar 
tools to compact reinforcing materials saturated with resin to remove 
trapped air or excess resin.
    Shutdown after September 16, 2020, means the cessation of operation 
of the add-on control devices.
    Skin coat is a layer of resin and fibers applied over the gel coat 
to protect the gel coat from being deformed by the next laminate layers.
    Startup after September 17, 2020, means the setting in operation of 
the add-on control devices.
    Tooling resin means the resin used to build or repair molds (also 
known as tools) or prototypes (also known as plugs) from which molds 
will be made.
    Tooling gel coat means the gel coat used to build or repair molds 
(also known as tools) or prototypes (also known as plugs) from which 
molds will be made.
    Vacuum bagging means any molding technique in which the reinforcing 
fabric is saturated with resin and then covered with a flexible sheet 
that is sealed to the edge of the mold and where a vacuum is applied 
under the sheet to compress the laminate, remove excess resin, or remove 
trapped air from the laminate during curing. Vacuum bagging does not 
include processes that meet the definition of closed molding.
    Vinylester resin means a thermosetting resin containing esters of 
acrylic or methacrylic acids and having double-bond and ester linkage 
sites only at the ends of the resin molecules.
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating; liters of coating solids per liter of coating.
    Wood coatings means coatings applied to wooden parts and surfaces of 
boats, such as paneling, cabinets, railings, and trim. Wood coatings 
include, but are not limited to, primers, stains, sealers, varnishes, 
and enamels. Polyester and vinylester resins or gel coats applied to 
wooden parts to encapsulate them or bond them to other parts are not 
wood coatings.

[66 FR 44232, Aug. 22, 2001, as amended at 85 FR 15973, Mar. 20, 2020]

[[Page 1205]]



 Sec. Table 1 to Subpart VVVV of Part 63--Compliance Dates for New and 
                 Existing Boat Manufacturing Facilities

    As specified in Sec. 63.5695, you must comply by the dates in the 
following table:

------------------------------------------------------------------------
                                                    Then you must comply
    If your facility is--             And--            by this date--
------------------------------------------------------------------------
1. An existing source.......  Is a major source on  August 23, 2004.
                               or before August
                               22, 2001\1\.
2. An existing or new area    Becomes a major       1 year after
 source.                       source after August   becoming a major
                               22, 2001\1\.          source or August
                                                     22, 2002, whichever
                                                     is later.
3. A new source.............  Is a major source at  Upon startup or
                               startup \1\.          August 22, 2001,
                                                     whichever is later.
 
------------------------------------------------------------------------
\1\Your facility is a major source if it is a stationary source or group
  of stationary sources located within a contiguous area and under
  common control that emits or can potentially emit, considering
  controls, in the aggregate, 9.1 megagrams or more per year of a single
  hazardous air pollutant or 22.7 megagrams or more per year of a
  combination of hazardous air pollutants.



Sec. Table 2 to Subpart VVVV of Part 63--Alternative Organic HAP Content 
       Requirements for Open Molding Resin and Gel Coat Operations

    As specified in Sec. Sec. 63.5701(b), 63.5704(b)(2), and 
63.5713(a), (b), and (d), you must comply with the requirements in the 
following table:

------------------------------------------------------------------------
                                                    You must not exceed
                                   And this        this weighted-average
    For this operation--          application       organic HAP content
                                   method--          (weight percent)
                                                       requirement--
------------------------------------------------------------------------
1. Production resin           Atomized (spray)..  28 percent.
 operations.
2. Production resin           Nonatomized         35 percent.
 operations.                   (nonspray).
3. Pigmented gel coat         Any method........  33 percent.
 operations.
4. Clear gel coat operations  Any method........  48 percent
5. Tooling resin operations.  Atomized (spray)..  30 percent.
6. Tooling resin operations.  Nonatomized         39 percent.
                               (nonspray).
7. Tooling gel coat           Any method........  40 percent.
 operations.
------------------------------------------------------------------------



Sec. Table 3 to Subpart VVVV of Part 63--MACT Model Point Value Formulas 
                     for Open Molding Operations \1\

    As specified in Sec. Sec. 63.5710(d) and 63.5714(a), you must 
calculate point values using the formulas in the following table:

----------------------------------------------------------------------------------------------------------------
                                           And this application     Use this formula to calculate the MACT model
         For this operation--                    method--             plant value for each resin and gel coat--
----------------------------------------------------------------------------------------------------------------
1. Production resin, tooling resin...  a. Atomized................  0.014 x (Resin HAP%)\2.425\
                                       b. Atomized, plus vacuum     0.01185 x (Resin HAP%)\2.425\
                                        bagging with roll-out.
                                       c. Atomized, plus vacuum     0.00945 x (Resin HAP%)\2.425\
                                        bagging without roll-out.
                                       d. Nonatomized.............  0.014 x (Resin HAP%)\2.275\
                                       e. Nonatomized, plus vaccum  0.0110 x (Resin HAP%)\2.275\
                                        bagging with roll-out.
                                       f. Nonatomized, plus vacuum  0.0076 x (Resin HAP%)\2.275\
                                        bagging without roll-out.
2. Pigmented gel coat, clear gel       All methods................  0.445 x (Gel coat HAP%)\1.675\
 coat, tooling gel coat.
----------------------------------------------------------------------------------------------------------------
\1\Equations calculate MACT model point value in kilograms of organic HAP per megagrams of resin or gel coat
  applied. The equations for vacuum bagging with roll-out are applicable when a facility rolls out the applied
  resin and fabric prior to applying the vacuum bagging materials. The equations for vacuum bagging without roll-
  out are applicable when a facility applies the vacuum bagging materials immediately after resin application
  without rolling out the resin and fabric. HAP% = organic HAP content as supplied, expressed as a weight-
  percent value between 0 and 100 percent.


[66 FR 44232, Aug. 22, 2001; 66 FR 50504, Oct. 3, 2001]



 Sec. Table 4 to Subpart VVVV of Part 63--Operating Limits if Using an 
            Add-on Control Device for Open Molding Operations

    As specified in Sec. Sec. 63.5715(a) and 63.5725(f)(5), you must 
meet the operating limits in the following table:

[[Page 1206]]



------------------------------------------------------------------------
                                                        And you must
                                You must meet the        demonstrate
 For the following device--    following operating       continuous
                                     limit--         compliance with the
                                                    operating limit by--
------------------------------------------------------------------------
1. Thermal oxidizer.........  The average           a. Collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.5725(d); b.
                               combustion            reducing the data
                               temperature limit     to 3-hour block
                               established           averages; and c.
                               according to Sec. maintaining the 3-
                               63.5725(d).           hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     temperature limit.
2. Other control devices....  An operating limit    a. Collecting
                               approved by the       parameter
                               Administrator         monitoring as
                               according to Sec. approved by the
                               63.8(f).              Administrator
                                                     according to Sec.
                                                     63.8(f); and b.
                                                     maintaining the
                                                     parameters within
                                                     the operating
                                                     limits approved
                                                     according to Sec.
                                                     63.8(f).
3. Emission capture system    a. The direction of   i. Collecting the
 that is a PTE according to    the air flow at all   direction of air
 Sec. 63.5719(b).            times must be into    flow, and either
                               the enclosure; and    the facial velocity
                               b. in any 3-hour      of air through all
                               period, either the    natural draft
                               average facial        openings according
                               velocity of air       to Sec.
                               through all natural   63.5725(f)(3) or
                               draft openings in     the pressure drop
                               the enclosure must    across the
                               be at least 200       enclosure according
                               feet per minute; or   to Sec.
                               c. the pressure       63.5725(f)(4); and
                               drop across the       ii. reducing the
                               enclosure must be     data for facial
                               at least 0.007 inch   velocity or
                               H2O, as established   pressure drop to 3-
                               in Method 204 of      hour block
                               appendix M to 40      averages; and iii.
                               CFR part 51.          maintaining the 3-
                                                     hour average facial
                                                     velocity of air
                                                     flow through all
                                                     natural draft
                                                     openings or the
                                                     pressure drop at or
                                                     above the facial
                                                     velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
4. Emission capture system    a. The average gas    i. Collecting the
 that is not a PTE according   volumetric flow       gas volumetric flow
 to Sec. 63.5719(b).         rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.5725(f)(1) and
                               device inlet in any   (3); ii. reducing
                               3-hour period must    the data to 3-hour
                               not fall below the    block averages;
                               average volumetric    iii. maintaining
                               flow rate or duct     the 3-hour average
                               static pressure       gas volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according to   capture device at
                               Sec. or above the gas
                               63.5725(f)(5); and    volumetric flow
                               b. the average        rate or duct static
                               pressure drop         pressure limit; iv.
                               across an opening     collecting data for
                               in each enclosure     the pressure drop
                               in any 3-hour         across an opening
                               period must not       in each enclosure
                               fall below the        according to Sec.
                               average pressure      63.5725(f)(2) and
                               drop limit            (4); v. reducing
                               established for       the data to 3-hour
                               that capture device   block averages; and
                               according to Sec. vi. maintaining the
                               63.5725(f)(5).        3-hour average
                                                     pressure drop
                                                     across the opening
                                                     for each enclosure
                                                     at or above the gas
                                                     volumetric flow
                                                     rate or duct static
                                                     pressure limit.
------------------------------------------------------------------------



Sec. Table 5 to Subpart VVVV of Part 63--Default Organic HAP Contents of 
                       Solvents and Solvent Blends

    As specified in Sec. 63.5758(a)(6), when detailed organic HAP 
content data for solvent blends are not available, you may use the 
values in the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Average organic
             Solvent/solvent blend                   CAS No.        HAP content,                    Typical organic HAP, percent by mass
                                                                   percent by mass
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Toluene....................................          108-88-3               100  Toluene.
2. Xylene(s)..................................         1330-20-7               100  Xylenes, ethylbenzene.
3. Hexane.....................................          110-54-3                50  n-hexane.
4. n-hexane...................................          110-54-3               100  n-hexane.
5. Ethylbenzene...............................          100-41-4               100  Ethylbenzene.
6. Aliphatic 140..............................  ................                 0  None.
7. Aromatic 100...............................  ................                 2  1% xylene, 1% cumene.
8. Aromatic 150...............................  ................                 9  Naphthalene.
9. Aromatic naptha............................        64742-95-6                 2  1% xylene, 1% cumene.
10. Aromatic solvent..........................        64742-94-5                10  Naphthalene.
11. Exempt mineral spirits....................         8032-32-4                 0  None.
12. Ligroines (VM & P)........................         8032-32-4                 0  None.
13. Lactol spirits............................        64742-89-6                15  Toluene.
14. Low aromatic white spirit.................        64742-82-1                 0  None.
15. Mineral spirits...........................        64742-88-7                 1  Xylenes.
16. Hydrotreated naphtha......................        64742-48-9                 0  None.
17. Hydrotreated light distillate.............        64742-47-8               0.1  Toluene.
18. Stoddard solvent..........................         8052-41-3                 1  Xylenes.
19. Super high-flash naphtha..................        64742-95-6                 5  Xylenes.
20. Varol [supreg] solvent....................         8052-49-3                 1  0.5% xylenes, 0.5% ethyl benzene.
21. VM & P naphtha............................        64742-89-8                 6  3% toluene, 3% xylene.
22. Petroleum distillate mixture..............        68477-31-6                 8  4% naphthalene, 4% biphenyl.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 1207]]



Sec. Table 6 to Subpart VVVV of Part 63--Default Organic HAP Contents of 
                        Petroleum Solvent Groups

    As specified in Sec. 63.5758(a)(6), when detailed organic HAP 
content data for solvent blends are not available, you may use the 
values in the following table:

------------------------------------------------------------------------
                                   Average organic     Typical organic
          Solvent type               HAP content,      HAP, percent by
                                   percent by mass           mass
------------------------------------------------------------------------
Aliphatic (Mineral Spirits 135,                   3  1% Xylene, 1%
 Mineral Spirits 150 EC,                              Toluene, and 1%
 Naphtha, Mixed Hydrocarbon,                          Ethylbenzene.
 Aliphatic Hydrocarbon,
 Aliphatic Naptha, Naphthol
 Spirits, Petroleum Spirits,
 Petroleum Oil, Petroleum
 Naphtha, Solvent Naphtha,
 Solvent Blend.).
Aromatic (Medium-flash Naphtha,                   6  4% Xylene, 1%
 High-flash Naphtha, Aromatic                         Toluene, and 1%
 Naphtha, Light Aromatic                              Ethylbenzene.
 Naphtha, Light Aromatic
 Hydrocarbons, Aromatic
 Hydrocarbons, Light Aromatic
 Solvent.).
------------------------------------------------------------------------



  Sec. Table 7 to Subpart VVVV of Part 63--Applicability and Timing of 
                              Notifications

    As specified in Sec. 63.5761(a), you must submit notifications 
according to the following table:

------------------------------------------------------------------------
     If your facility--         You must submit--      By this date--
------------------------------------------------------------------------
1. Is an existing source      An initial            No later than the
 subject to this subpart.      notification          dates specified in
                               containing the        Sec. 63.9(b)(2).
                               information
                               specified in Sec.
                               63.9(b)(2).
2. Is a new source subject    The notifications     No later than the
 to this subpart.              specified in Sec. dates specified
                               63.9(b) (3) to (5).   Sec. 63.9(b)(4)
                                                     and (5).
3. Qualifies for a            A request for a       No later than the
 compliance extension as       compliance            dates specified in
 specified in Sec. 63.9(c).  extension as          Sec. 63.6(i).
                               specified in Sec.
                               63.9(c).
4. Is complying with organic  A notification of     No later than 30
 HAP content limits,           compliance status     calendar days after
 application equipment         as specified in       the end of the
 requirements; or MACT model   Sec. 63.9(h).       first 12-month
 point value averaging                               averaging period
 provisions.                                         after your
                                                     facility's
                                                     compliance date.
5. Is complying by using an   a. notification of    No later than the
 add-on control device.        intent to conduct a   date specified in
                               performance test as   Sec. 63.9(e).
                               specified in Sec.
                               63.9(e).
                              b. A notification of  With the
                               the date for the      notification of
                               continuous            intent to conduct a
                               monitoring system     performance test.
                               performance
                               evaluation as
                               specified in Sec.
                               63.9(g).
                              c. A notification of  No later than 60
                               compliance status     calendar days after
                               as specified in       the completion of
                               Sec. 63.9(h).       the add-on control
                                                     device performance
                                                     test and continuous
                                                     monitoring system
                                                     performance
                                                     evaluation.
------------------------------------------------------------------------



   Sec. Table 8 to Subpart VVVV of Part 63--Applicability of General 
         Provisions (40 CFR Part 63, Subpart A) to Subpart VVVV

    As specified in Sec. 63.5773, you must comply with the applicable 
requirements of the General Provisions according to the following table:

----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement        Applies to subpart VVVV        Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a).......................  General Applicability..  Yes.
Sec. 63.1(b).......................  Initial Applicability    Yes.
                                        Determination.
Sec. 63.1(c)(1)....................  Applicability After      Yes.
                                        Standard Established.
Sec. 63.1(c)(2)....................  .......................  Yes....................  Area sources are not
                                                                                          regulated by subpart
                                                                                          VVVV.
Sec. 63.1(c)(3)....................  .......................  No.....................  [Reserved].
Sec. 63.1(c)(4)-(5)................  .......................  Yes.
Sec. 63.1(d).......................  .......................  No.....................  [Reserved].
Sec. 63.1(e).......................  Applicability of Permit  Yes.
                                        Program.
Sec. 63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                          are found in Sec.
                                                                                          63.5779.
Sec. 63.3..........................  Units and Abbreviations  Yes.
Sec. 63.4(a).......................  Prohibited Activities..  Yes.
Sec. 63.4(b)-(c)...................  Circumvention/           Yes.
                                        Severability.
Sec. 63.5(a).......................  Construction/            Yes.
                                        Reconstruction.

[[Page 1208]]

 
Sec. 63.5(b).......................  Requirements for         Yes.
                                        Existing, Newly
                                        Constructed, and
                                        Reconstructed Sources.
Sec. 63.5(c).......................  .......................  No.....................  [Reserved].
Sec. 63.5(d).......................  Application for          Yes.
                                        Approval of
                                        Construction/
                                        Reconstruction.
Sec. 63.5(e).......................  Approval of              Yes.
                                        Construction/
                                        Reconstruction.
Sec. 63.5(f).......................  Approval of              Yes.
                                        Construction/
                                        Reconstruction Based
                                        on prior State Review.
Sec. 63.6(a).......................  Compliance with          Yes.
                                        Standards and
                                        Maintenance
                                        Requirements--Applicab
                                        ility.
Sec. 63.6(b).......................  Compliance Dates for     Yes....................  Sec. 63.695 specifies
                                        New and Reconstructed                             compliance dates,
                                        Sources.                                          including the
                                                                                          compliance date for
                                                                                          new area sources that
                                                                                          become major sources
                                                                                          after the effective
                                                                                          date of the rule.
Sec. 63.6(c).......................  Compliance Dates for     Yes....................  Sec. 63.5695
                                        Existing Sources.                                 specifies compliance
                                                                                          dates, including the
                                                                                          compliance date for
                                                                                          existing area sources
                                                                                          that become major
                                                                                          sources after the
                                                                                          effective date of the
                                                                                          rule.
Sec. 63.6(d).......................  .......................  No.....................  [Reserved].
Sec. 63.6(e)(1)-(2)................  Operation and            No.....................  Operating requirements
                                        Maintenance                                       for open molding
                                        Requirements.                                     operations with add-on
                                                                                          controls are specified
                                                                                          in Sec. 63.5725.
Sec. 63.6(e)(3)....................  Startup, Shut Down, and  No.....................  Only sources with add-
                                        Malfunction Plans.                                on controls must
                                                                                          complete startup,
                                                                                          shutdown, and
                                                                                          malfunction plans.
Sec. 63.6(f)(1)....................  .......................  No.
Sec. 63.6(f)(2)-(3)................  Compliance with          Yes.
                                        Nonopacity Emission
                                        Standards.
Sec. 63.6(g).......................  Use of an Alternative    Yes.
                                        Nonopacity Emission
                                        Standard.
Sec. 63.6(h).......................  Compliance with Opacity/ No.....................  Subpart VVVV does not
                                        Visible Emissions                                 specify opacity or
                                        Standards.                                        visible emission
                                                                                          standards.
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)....................  Performance Test         Yes.
                                        Requirements.
Sec. 63.7(a)(2)....................  Dates for performance    No.....................  Sec. 63.5716
                                        tests.                                            specifies performance
                                                                                          test dates.
Sec. 63.7(a)(3)....................  Performance testing at   Yes.
                                        other times.
Sec. 63.7(b)-(h)...................  Other performance        Yes.
                                        testing requirements.
Sec. 63.8(a)(1)-(2)................  Monitoring               Yes....................  All of Sec. 63.8
                                        Requirements--Applicab                            applies only to
                                        ility.                                            sources with add-on
                                                                                          controls. Additional
                                                                                          monitoring
                                                                                          requirements for
                                                                                          sources with add-on
                                                                                          controls are found in
                                                                                          Sec. 63.5725.
Sec. 63.8(a)(3)....................  .......................  No.....................  [Reserved].
Sec. 63.8(a)(4)....................  .......................  No.....................  Subpart VVVV does not
                                                                                          refer directly or
                                                                                          indirectly to Sec.
                                                                                          63.11.
Sec. 63.8(b)(1)....................  Conduct of Monitoring..  Yes.
Sec. 63.8(b)(2)-(3)................  Multiple Effluents and   Yes....................  Applies to sources that
                                        CMS.                                              use a CMS on the
                                                                                          control device stack.
Sec. 63.8(c)(1)(i) and (iii).......  CMS Operation and        No.....................  References to startup,
                                        Maintenance.                                      shutdown, malfunction
                                                                                          are not applicable.
Sec. 63.8(c)(1)-(4)................  CMS Operation and        Yes....................  Except those provisions
                                        Maintenance.                                      in Sec.
                                                                                          63.8(c)(1)(i) and
                                                                                          (iii) as noted above.
Sec. 63.8(c)(5)....................  Continuous Opacity       No.....................  Subpart VVVV does not
                                        Monitoring Systems                                have opacity or
                                        (COMS).                                           visible emission
                                                                                          standards.
Sec. 63.8(c)(6)-(8)................  CMS Calibration Checks   Yes.
                                        and Out-of-Control
                                        Periods.

[[Page 1209]]

 
Sec. 63.8(d).......................  Quality Control Program  Yes....................  Except those provisions
                                                                                          of Sec. 63.8(d)(3)
                                                                                          regarding a startup,
                                                                                          shutdown, malfunction
                                                                                          plan as noted below.
Sec. 63.8(d)(3)....................  Quality Control Program  No.....................  No requirement for a
                                                                                          startup, shutdown,
                                                                                          malfunction plan.
Sec. 63.8(e).......................  CMS Performance          Yes.
                                        Evaluation.
Sec. 63.8(f)(1)-(5)................  Use of an Alternative    Yes.
                                        Monitoring Method.
Sec. 63.8(f)(6)....................  Alternative to Relative  Yes....................  Applies only to sources
                                        Accuracy Test.                                    that use continuous
                                                                                          emission monitoring
                                                                                          systems (CEMS).
Sec. 63.8(g).......................  Data Reduction.........  Yes.
Sec. 63.9(a).......................  Notification             Yes.
                                        Requirements--Applicab
                                        ility.
Sec. 63.9(b).......................  Initial Notifications..  Yes.
Sec. 63.9(c).......................  Request for Compliance   Yes.
                                        Extension.
Sec. 63.9(d).......................  Notification That a New  Yes.
                                        Source Is Subject to
                                        Special Compliance
                                        Requirements.
Sec. 63.9(e).......................  Notification of          Yes....................  Applies only to sources
                                        Performance Test.                                 with add-on controls.
Sec. 63.9(f).......................  Notification of Visible  No.....................  Subpart VVVV does not
                                        Emissions/Opacity Test.                           have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec. 63.9(g)(1)....................  Additional CMS           Yes....................  Applies only to sources
                                        Notifications--Date of                            with add-on controls.
                                        CMS Performance
                                        Evaluation.
Sec. 63.9(g)(2)....................  Use of COMS Data.......  No.....................  Subpart VVVV does not
                                                                                          require the use of
                                                                                          COMS.
Sec. 63.9(g)(3)....................  Alternative to Relative  Yes....................  Applies only to sources
                                        Accuracy Testing.                                 with CEMS.
Sec. 63.9(h).......................  Notification of          Yes.
                                        Compliance Status.
Sec. 63.9(i).......................  Adjustment of Deadlines  Yes.
Sec. 63.9(j).......................  Change in Previous       Yes.
                                        Information.
Sec. 63.10(a)......................  Recordkeeping/           Yes.
                                        Reporting--Applicabili
                                        ty.
Sec. 63.10(b)(1)...................  General Recordkeeping    Yes....................  Sec. Sec. 63.567 and
                                        Requirements.                                     63.5770 specify
                                                                                          additional
                                                                                          recordkeeping
                                                                                          requirements.
Sec. 63.10(b)(2)(i), (iii), (vi)-    General Recordkeeping    Yes.
 (xiv).                                 Requirements.
Sec. 63.10(b)(2)(ii), (iv), (v)....  Recordkeeping Relevant   No.
                                        to Startup, Shutdown,
                                        and Malfunction
                                        Periods.
Sec. 63.10(b)(3)...................  Recordkeeping            Yes....................  Sec. 63.5686
                                        Requirements for                                  specifies
                                        Applicability                                     applicability
                                        Determinations.                                   determinations for non-
                                                                                          major sources.
Sec. 63.10(c)(1)-(14)..............  Additional               Yes....................  Applies only to sources
                                        Recordkeeping for                                 with add-on controls.
                                        Sources with CMS.
Sec. 63.10(c)(15)..................  Additional               No.....................  No requirement for a
                                        Recordkeeping for                                 startup, shutdown,
                                        Sources with CMS.                                 malfunction plan.
Sec. 63.10(d)(1)...................  General Reporting        Yes....................  Sec. 63.5764
                                        Requirements.                                     specifies additional
                                                                                          reporting
                                                                                          requirements.
Sec. 63.10(d)(2)...................  Performance Test         Yes....................  Sec. 63.5764
                                        Results.                                          specifies additional
                                                                                          requirements for
                                                                                          reporting performance
                                                                                          test results.
Sec. 63.10(d)(3)...................  Opacity or Visible       No.....................  Subpart VVVV does not
                                        Emissions Observations.                           specify opacity or
                                                                                          visible emission
                                                                                          standards.
Sec. 63.10(d)(4)...................  Progress Reports for     Yes.
                                        Sources with
                                        Compliance Extensions.
Sec. 63.10(d)(5)...................  Startup, Shutdown, and   No.....................  Applies only to sources
                                        Malfunction Reports.                              with add-on controls.
Sec. 63.10(e)(1)...................  Additional CMS Reports-- Yes....................  Applies only to sources
                                        General.                                          with add-on controls.
Sec. 63.10(e)(2)...................  Reporting Results of     Yes....................  Applies only to sources
                                        CMS Performance                                   with add-on controls.
                                        Evaluations.
Sec. 63.10(e)(3)...................  Excess Emissions/CMS     Yes....................  Applies only to sources
                                        Performance Reports.                              with add-on controls.
Sec. 63.10(e)(4)...................  COMS Data Reports......  No.....................  Subpart VVVV does not
                                                                                          specify opacity or
                                                                                          visible emission
                                                                                          standards.
Sec. 63.10(f)......................  Recordkeeping/Reporting  Yes.
                                        Waiver.

[[Page 1210]]

 
Sec. 63.11.........................  Control Device           No.....................  Facilities subject to
                                        Requirements--Applicab                            subpart VVVV do not
                                        ility.                                            use flares as control
                                                                                          devices.
Sec. 63.12.........................  State Authority and      Yes....................  Sec. 63.5776 lists
                                        Delegations.                                      those sections of
                                                                                          subpart A that are not
                                                                                          delegated.
Sec. 63.13.........................  Addresses..............  Yes.
Sec. 63.14.........................  Incorporation by         Yes.
                                        Reference.
Sec. 63.15.........................  Availability of          Yes.                     .......................
                                        Information/
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------


[86 FR 66041, Nov. 19, 2021]



Subpart WWWW_National Emissions Standards for Hazardous Air Pollutants: 
                Reinforced Plastic Composites Production

    Source: 68 FR 19402, Apr. 21, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.5780  What is the purpose of this subpart?

    This subpart establishes national emissions standards for hazardous 
air pollutants (NESHAP) for reinforced plastic composites production. 
This subpart also establishes requirements to demonstrate initial and 
continuous compliance with the hazardous air pollutants (HAP) emissions 
standards.



Sec. 63.5785  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
reinforced plastic composites production facility that is located at a 
major source of HAP emissions. Reinforced plastic composites production 
is limited to operations in which reinforced and/or nonreinforced 
plastic composites or plastic molding compounds are manufactured using 
thermoset resins and/or gel coats that contain styrene to produce 
plastic composites. The resins and gel coats may also contain materials 
designed to enhance the chemical, physical, and/or thermal properties of 
the product. Reinforced plastic composites production also includes 
cleaning, mixing, HAP-containing materials storage, and repair 
operations associated with the production of plastic composites.
    (b) You are not subject to this subpart if your facility only 
repairs reinforced plastic composites. Repair includes the non-routine 
manufacture of individual components or parts intended to repair a 
larger item as defined in Sec. 63.5935
    (c) You are not subject to this subpart if your facility is a 
research and development facility as defined in section 112(c)(7) of the 
Clean Air Act (CAA).
    (d) You are not subject to this subpart if your reinforced plastic 
composites operations use less than 1.2 tons per year (tpy) of thermoset 
resins and gel coats that contain styrene combined.



Sec. 63.5787  What if I also manufacture fiberglass boats or boat parts?

    (a) If your source meets the applicability criteria in Sec. 
63.5785, and is not subject to the Boat Manufacturing NESHAP (40 CFR 
part 63, subpart VVVV), you are subject to this subpart regardless of 
the final use of the parts you manufacture.
    (b) If your source is subject to 40 CFR part 63, subpart VVVV, and 
all the reinforced plastic composites you manufacture are used in 
manufacturing your boats, you are not subject to this subpart.
    (c) If you are subject to 40 CFR part 63, subpart VVVV, and meet the 
applicability criteria in Sec. 63.5785, and produce reinforced plastic 
composites that are not used in fiberglass boat manufacture at your 
facility, all operations associated with the manufacture of the 
reinforced plastic composites parts that are not used in fiberglass boat 
manufacture at your facility are subject to this subpart, except as 
noted in paragraph (d) of this section.
    (d) Facilities potentially subject to both this subpart and 40 CFR 
part 63, subpart VVVV may elect to have the

[[Page 1211]]

operations in paragraph (c) of this section covered by 40 CFR part 63, 
subpart VVVV, in lieu of this subpart, if they can demonstrate that this 
will not result in any organic HAP emissions increase compared to 
complying with this subpart.



Sec. 63.5790  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new or existing affected source at 
reinforced plastic composites production facilities.
    (b) The affected source consists of all parts of your facility 
engaged in the following operations: Open molding, closed molding, 
centrifugal casting, continuous lamination, continuous casting, polymer 
casting, pultrusion, sheet molding compound (SMC) manufacturing, bulk 
molding compound (BMC) manufacturing, mixing, cleaning of equipment used 
in reinforced plastic composites manufacture, HAP-containing materials 
storage, and repair operations on parts you also manufacture.
    (c) The following operations are specifically excluded from any 
requirements in this subpart: application of mold sealing and release 
agents; mold stripping and cleaning; repair of parts that you did not 
manufacture, including non-routine manufacturing of parts; personal 
activities that are not part of the manufacturing operations (such as 
hobby shops on military bases); prepreg materials as defined in Sec. 
63.5935; non-gel coat surface coatings; application of putties, 
polyputties, and adhesives; repair or production materials that do not 
contain resin or gel coat; research and development operations as 
defined in section 112(c)(7) of the CAA; polymer casting; and closed 
molding operations (except for compression/injection molding). Note that 
the exclusion of certain operations from any requirements applies only 
to operations specifically listed in this paragraph. The requirements 
for any co-located operations still apply.
    (d) Production resins that must meet military specifications are 
allowed to meet the organic HAP limit contained in that specification. 
In order for this exemption to be used, you must supply to the 
permitting authority the specifications certified as accurate by the 
military procurement officer, and those specifications must state a 
requirement for a specific resin, or a specific resin HAP content. 
Production resins for which this exemption is used must be applied with 
nonatomizing resin application equipment unless you can demonstrate this 
is infeasible. You must keep a record of the resins for which you are 
using this exemption.

[68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50124, Aug. 25, 2005]



Sec. 63.5795  How do I know if my reinforced plastic composites
production facility is a new affected source or an existing affected source?

    (a) A reinforced plastic composites production facility is a new 
affected source if it meets all the criteria in paragraphs (a)(1) and 
(2) of this section.
    (1) You commence construction of the source after August 2, 2001.
    (2) You commence construction, and no other reinforced plastic 
composites production source exists at that site.
    (b) For the purposes of this subpart, an existing affected source is 
any affected source that is not a new affected source.

[70 FR 50124, Aug. 25, 2005]

     Calculating Organic HAP Emissions Factors for Open Molding and 
                           Centrifugal Casting



Sec. 63.5796  What are the organic HAP emissions factor equations
in Table 1 to this subpart, and how are they used in this subpart?

    Emissions factors are used in this subpart to determine compliance 
with certain organic HAP emissions limits in Tables 3 and 5 to this 
subpart. You may use the equations in Table 1 to this subpart to 
calculate your emissions factors. Equations are available for each open 
molding operation and centrifugal casting operation and have units of 
pounds of organic HAP emitted per ton (lb/ton) of resin or gel coat 
applied. These equations are intended to provide a method for you to 
demonstrate compliance without the need to conduct for a HAP emissions 
test. In lieu of these equations, you can elect

[[Page 1212]]

to use site-specific organic HAP emissions factors to demonstrate 
compliance provided your site-specific organic HAP emissions factors are 
incorporated in the facility's air emissions permit and are based on 
actual facility HAP emissions test data. You may also use the organic 
HAP emissions factors calculated using the equations in Table 1 to this 
subpart, combined with resin and gel coat use data, to calculate your 
organic HAP emissions.



Sec. 63.5797  How do I determine the organic HAP content of my resins
and gel coats?

    In order to determine the organic HAP content of resins and gel 
coats, you may rely on information provided by the material 
manufacturer, such as manufacturer's formulation data and material 
safety data sheets (MSDS), using the procedures specified in paragraphs 
(a) through (c) of this section, as applicable.
    (a) Include in the organic HAP total each organic HAP that is 
present at 0.1 percent by mass or more for Occupational Safety and 
Health Administration-defined carcinogens, as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other organic HAP 
compounds.
    (b) If the organic HAP content is provided by the material supplier 
or manufacturer as a range, you must use the upper limit of the range 
for determining compliance. If a separate measurement of the total 
organic HAP content, such as an analysis of the material by EPA Method 
311 of appendix A to 40 CFR part 63, exceeds the upper limit of the 
range of the total organic HAP content provided by the material supplier 
or manufacturer, then you must use the measured organic HAP content to 
determine compliance.
    (c) If the organic HAP content is provided as a single value, you 
may use that value to determine compliance. If a separate measurement of 
the total organic HAP content is made and is less than 2 percentage 
points higher than the value for total organic HAP content provided by 
the material supplier or manufacturer, then you still may use the 
provided value to demonstrate compliance. If the measured total organic 
HAP content exceeds the provided value by 2 percentage points or more, 
then you must use the measured organic HAP content to determine 
compliance.



Sec. 63.5798  What if I want to use, or I manufacture, an application
technology (new or existing) whose organic HAP emissions 
characteristics are not 
          represented by the equations in Table 1 to this subpart?

    If you wish to use a resin or gel coat application technology (new 
or existing), whose emission characteristics are not represented by the 
equations in Table 1 to this subpart, you may use the procedures in 
paragraphs (a) or (b) of this section to establish an organic HAP 
emissions factor. This organic HAP emissions factor may then be used to 
determine compliance with the emission limits in this subpart, and to 
calculate facility organic HAP emissions.
    (a) Perform an organic HAP emissions test to determine a site-
specific organic HAP emissions factor using the test procedures in Sec. 
63.5850.
    (b) Submit a petition to the Administrator for administrative review 
of this subpart. This petition must contain a description of the resin 
or gel coat application technology and supporting organic HAP emissions 
test data obtained using EPA test methods or their equivalent. The 
emission test data should be obtained using a range of resin or gel coat 
HAP contents to demonstrate the effectiveness of the technology under 
the different conditions, and to demonstrate that the technology will be 
effective at different sites. We will review the submitted data, and, if 
appropriate, update the equations in Table 1 to this subpart.



Sec. 63.5799  How do I calculate my facility's organic HAP emissions
on a tpy basis for purposes of determining which paragraphs of Sec. 63.5805 apply?

    To calculate your facility's organic HAP emissions in tpy for 
purposes of determining which paragraphs in Sec. 63.5805 apply to you, 
you must use the procedures in either paragraph (a) of this section for 
new facilities prior to startup, or paragraph (b) of this section for 
existing facilities and new facilities

[[Page 1213]]

after startup. You are not required to calculate or report emissions 
under this section if you are an existing facility that does not have 
centrifugal casting or continuous lamination/casting operations, or a 
new facility that does not have any of the following operations: Open 
molding, centrifugal casting, continuous lamination/casting, pultrusion, 
SMC and BMC manufacturing, and mixing. Emissions calculation and 
emission reporting procedures in other sections of this subpart still 
apply. Calculate organic HAP emissions prior to any add-on control 
device, and do not include organic HAP emissions from any resin or gel 
coat used in operations subject to the Boat Manufacturing NESHAP, 40 CFR 
part 63, subpart VVVV, or from the manufacture of large parts as defined 
in Sec. 63.5805(d)(2). For centrifugal casting operations at existing 
facilities, do not include any organic HAP emissions where resin or gel 
coat is applied to an open centrifugal mold using open molding 
application techniques. Table 1 and the Table 1 footnotes to this 
subpart present more information on calculating centrifugal casting 
organic HAP emissions. The timing and reporting of these calculations is 
discussed in paragraph (c) of this section.
    (a) For new facilities prior to startup, calculate a weighted 
average organic HAP emissions factor for the operations specified in 
Sec. 63.5805(c) and (d) on a lbs/ton of resin and gel coat basis. Base 
the weighted average on your projected operation for the 12 months 
subsequent to facility startup. Multiply the weighted average organic 
HAP emissions factor by projected resin use over the same period. You 
may calculate your organic HAP emissions factor based on the factors in 
Table 1 to this subpart, or you may use any HAP emissions factor 
approved by us, such as factors from the ``Compilation of Air Pollutant 
Emissions Factors, Volume I: Stationary Point and Area Sources (AP-
42),'' or organic HAP emissions test data from similar facilities.
    (b) For existing facilities and new facilities after startup, you 
may use the procedures in either paragraph (b)(1) or (2) of this 
section. If the emission factors for an existing facility have changed 
over the period of time prior to their initial compliance date due to 
incorporation of pollution-prevention control techniques, existing 
facilities may base the average emission factor on their operations as 
they exist on the compliance date. If an existing facility has accepted 
an enforceable permit limit that would result in less than 100 tpy of 
HAP measured prior to any add-on controls, and can demonstrate that they 
will operate at that level subsequent to the compliance date, they can 
be deemed to be below the 100 tpy threshold.
    (1) Use a calculated emission factor. Calculate a weighted average 
organic HAP emissions factor on a lbs/ton of resin and gel coat basis. 
Base the weighted average on the prior 12 months of operation. Multiply 
the weighted average organic HAP emissions factor by resin and gel coat 
use over the same period. You may calculate this organic HAP emissions 
factor based on the equations in Table 1 to this subpart, or you may use 
any organic HAP emissions factor approved by us, such as factors from 
AP-42, or site-specific organic HAP emissions factors if they are 
supported by HAP emissions test data.
    (2) Conduct performance testing. Conduct performance testing using 
the test procedures in Sec. 63.5850 to determine a site-specific 
organic HAP emissions factor in units of lbs/ton of resin and gel coat 
used. Conduct the test under conditions expected to result in the 
highest possible organic HAP emissions. Multiply this factor by annual 
resin and gel coat use to determine annual organic HAP emissions. This 
calculation must be repeated and reported annually.
    (c) Existing facilities must initially perform this calculation 
based on their 12 months of operation prior to April 21, 2003, and 
include this information with their initial notification report. 
Existing facilities must repeat the calculation based on their resin and 
gel coat use in the 12 months prior to their initial compliance date, 
and submit this information with their initial compliance report. After 
their initial compliance date, existing and new facilities must 
recalculate organic HAP emissions over the 12-month period

[[Page 1214]]

ending June 30 or December 31, whichever date is the first date 
following their compliance date specified in Sec. 63.5800. Subsequent 
calculations should cover the periods in the semiannual compliance 
reports.

[68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50124, Aug. 25, 2005]

                     Compliance Dates and Standards



Sec. 63.5800  When do I have to comply with this subpart?

    You must comply with the standards in this subpart by the dates 
specified in Table 2 to this subpart. Facilities meeting an organic HAP 
emissions standard based on a 12-month rolling average must begin 
collecting data on the compliance date in order to demonstrate 
compliance.



Sec. 63.5805  What standards must I meet to comply with this subpart?

    You must meet the requirements of paragraphs (a) through (h) of this 
section that apply to you. You may elect to comply using any options to 
meet the standards described in Sec. Sec. 63.5810 through 63.5830. Use 
the procedures in Sec. 63.5799 to determine if you meet or exceed the 
100 tpy threshold.
    (a) If you have an existing facility that has any centrifugal 
casting or continuous casting/lamination operations, you must meet the 
requirements of paragraph (a)(1) or (2) of this section:
    (1) If the combination of all centrifugal casting and continuous 
lamination/casting operations emit 100 tpy or more of HAP, you must 
reduce the total organic HAP emissions from centrifugal casting and 
continuous lamination/casting operations by at least 95 percent by 
weight. As an alternative to meeting the 95 percent by weight 
requirement, centrifugal casting operations may meet the applicable 
organic HAP emissions limits in Table 5 to this subpart and continuous 
lamination/casting operations may meet an organic HAP emissions limit of 
1.47 lbs/ton of neat resin plus and neat gel coat plus applied. For 
centrifugal casting, the percent reduction requirement does not apply to 
organic HAP emissions that occur during resin application onto an open 
centrifugal casting mold using open molding application techniques.
    (2) If the combination of all centrifugal casting and continuous 
lamination/casting operations emit less than 100 tpy of HAP, then 
centrifugal casting and continuous lamination/casting operations must 
meet the appropriate requirements in Table 3 to this subpart.
    (b) All operations at existing facilities not listed in paragraph 
(a) of this section must meet the organic HAP emissions limits in Table 
3 to this subpart and the work practice standards in Table 4 to this 
subpart that apply, regardless of the quantity of HAP emitted.
    (c) If you have a new facility that emits less than 100 tpy of HAP 
from the combination of all open molding, centrifugal casting, 
continuous lamination/casting, pultrusion, SMC manufacturing, mixing, 
and BMC manufacturing, you must meet the organic HAP emissions limits in 
Table 3 to this subpart and the work practice standards in Table 4 to 
this subpart that apply to you.
    (d)(1) Except as provided in paragraph (d)(2) of this section, if 
you have a new facility that emits 100 tpy or more of HAP from the 
combination of all open molding, centrifugal casting, continuous 
lamination/casting, pultrusion, SMC manufacturing, mixing, and BMC 
manufacturing, you must reduce the total organic HAP emissions from 
these operations by at least 95 percent by weight and meet any 
applicable work practice standards in Table 4 to this subpart that apply 
to you. As an alternative to meeting 95 percent by weight, you may meet 
the organic HAP emissions limits in Table 5 to this subpart. If you have 
a continuous lamination/casting operation, that operation may 
alternatively meet an organic HAP emissions limit of 1.47 lbs/ton of 
neat resin plus and neat gel coat plus applied.
    (2)(i) If your new facility manufactures large reinforced plastic 
composites parts using open molding or pultrusion operations, the 
specific open molding and pultrusion operations used to produce large 
parts are not required to reduce HAP emissions by 95 weight

[[Page 1215]]

percent, but must meet the emission limits in Table 3 to this subpart.
    (ii) A large open molding part is defined as a part that, when the 
final finished part is enclosed in the smallest rectangular six-sided 
box into which the part can fit, the total interior volume of the box 
exceeds 250 cubic feet, or any interior sides of the box exceed 50 
square feet.
    (iii) A large pultruded part is a part that exceeds an outside 
perimeter of 24 inches or has more than 350 reinforcements.
    (e) If you have a new or existing facility subject to paragraph 
(a)(2) or (c) of this section at its initial compliance date that 
subsequently meets or exceeds the 100 tpy threshold in any calendar 
year, you must notify your permitting authority in your compliance 
report. You may at the same time request a one-time exemption from the 
requirements of paragraph (a)(1) or (d) of this section in your 
compliance report if you can demonstrate all of the following:
    (1) The exceedance of the threshold was due to circumstances that 
will not be repeated.
    (2) The average annual organic HAP emissions from the potentially 
affected operations for the last 3 years were below 100 tpy.
    (3) Projected organic HAP emissions for the next calendar year are 
below 100 tpy, based on projected resin and gel coat use and the HAP 
emission factors calculated according to the procedures in Sec. 
63.5799.
    (f) If you apply for an exemption in paragraph (e) of this section 
and subsequently exceed the HAP emission thresholds specified in 
paragraph (a)(2) or (c) of this section over the next 12-month period, 
you must notify the permitting authority in your semiannual report, the 
exemption is removed, and your facility must comply with paragraph 
(a)(1) or (d) of this section within 3 years from the time your organic 
HAP emissions first exceeded the threshold.
    (g) If you have repair operations subject to this subpart as defined 
in Sec. 63.5785, these repair operations must meet the requirements in 
Tables 3 and 4 to this subpart and are not required to meet the 95 
percent organic HAP emissions reduction requirements in paragraph (a)(1) 
or (d) of this section.
    (h) If you use an add-on control device to comply with this subpart, 
you must meet all requirements contained in 40 CFR part 63, subpart SS.

[70 FR 50124, Aug. 25, 2005]

                      Options for Meeting Standards



Sec. 63.5810  What are my options for meeting the standards
for open molding and centrifugal casting operations at new 
and existing sources?

    You must use one of the following methods in paragraphs (a) through 
(d) of this section to meet the standards for open molding or 
centrifugal casting operations in Table 3 or 5 to this subpart. You may 
use any control method that reduces organic HAP emissions, including 
reducing resin and gel coat organic HAP content, changing to nonatomized 
mechanical application, using covered curing techniques, and routing 
part or all of your emissions to an add-on control. You may use 
different compliance options for the different operations listed in 
Table 3 or 5 to this subpart. The necessary calculations must be 
completed within 30 days after the end of each month. You may switch 
between the compliance options in paragraphs (a) through (d) of this 
section. When you change to an option based on a 12-month rolling 
average, you must base the average on the previous 12 months of data 
calculated using the compliance option you are changing to, unless you 
were previously using an option that did not require you to maintain 
records of resin and gel coat use. In this case, you must immediately 
begin collecting resin and gel coat use data and demonstrate compliance 
12 months after changing options.
    (a) Demonstrate that an individual resin or gel coat, as applied, 
meets the applicable emission limit in Table 3 or 5 to this subpart. (1) 
Calculate your actual organic HAP emissions factor for each different 
process stream within each operation type. A process stream is defined 
as each individual combination of resin or gel coat, application 
technique, and control technique. Process streams within operations 
types are

[[Page 1216]]

considered different from each other if any of the following four 
characteristics vary: the neat resin plus or neat gel coat plus organic 
HAP content, the gel coat type, the application technique, or the 
control technique. You must calculate organic HAP emissions factors for 
each different process stream by using the appropriate equations in 
Table 1 to this subpart for open molding and for centrifugal casting, or 
site-specific organic HAP emissions factors discussed in Sec. 63.5796. 
The emission factor calculation should include any and all emission 
reduction techniques used including any add-on controls. If you are 
using vapor suppressants to reduce HAP emissions, you must determine the 
vapor suppressant effectiveness (VSE) by conducting testing according to 
the procedures specified in appendix A to subpart WWWW of 40 CFR part 
63. If you are using an add-on control device to reduce HAP emissions, 
you must determine the add-on control factor by conducting capture and 
control efficiency testing using the procedures specified in Sec. 
63.5850. The organic HAP emissions factor calculated from the equations 
in Table 1 to this subpart, or a site-specific emissions factor, is 
multiplied by the add-on control factor to calculate the organic HAP 
emissions factor after control. Use Equation 1 of this section to 
calculate the add-on control factor used in the organic HAP emissions 
factor equations.
[GRAPHIC] [TIFF OMITTED] TR25AU05.013


Where:
Percent Control Efficiency = a value calculated from organic HAP 
          emissions test measurements made according to the requirements 
          of Sec. 63.5850 to this subpart.

    (2) If the calculated emission factor is less than or equal to the 
appropriate emission limit, you have demonstrated that this process 
stream complies with the emission limit in Table 3 to this subpart. It 
is not necessary that all your process streams, considered individually, 
demonstrate compliance to use this option for some process streams. 
However, for any individual resin or gel coat you use, if any of the 
process streams that include that resin or gel coat are to be used in 
any averaging calculations described in paragraphs (b) through (d) of 
this section, then all process streams using that individual resin or 
gel coat must be included in the averaging calculations.
    (b) Demonstrate that, on average, you meet the individual organic 
HAP emissions limits for each combination of operation type and resin 
application method or gel coat type. Demonstrate that on average you 
meet the individual organic HAP emissions limits for each unique 
combination of operation type and resin application method or gel coat 
type shown in Table 3 to this subpart that applies to you.
    (1)(i) Group the process streams described in paragraph (a) to this 
section by operation type and resin application method or gel coat type 
listed in Table 3 to this subpart and then calculate a weighted average 
emission factor based on the amounts of each individual resin or gel 
coat used for the last 12 months. To do this, sum the product of each 
individual organic HAP emissions factor calculated in paragraph (a)(1) 
of this section and the amount of neat resin plus and neat gel coat plus 
usage that corresponds to the individual factors and divide the 
numerator by the total amount of neat resin plus and neat gel coat plus 
used in that operation type as shown in Equation 2 of this section.

[[Page 1217]]

[GRAPHIC] [TIFF OMITTED] TR25AU05.014

Where:
Actual Process Stream EFi = actual organic HAP emissions 
          factor for process stream i, lbs/ton;
Materiali = neat resin plus or neat gel coat plus used during 
          the last 12 calendar months for process stream i, tons;
n = number of process streams where you calculated an organic HAP 
          emissions factor.

    (ii) You may, but are not required to, include process streams where 
you have demonstrated compliance as described in paragraph (a) of this 
section, subject to the limitations described in paragraph (a)(2) of 
this section, and you are not required to and should not include process 
streams for which you will demonstrate compliance using the procedures 
in paragraph (d) of this section.
    (2) Compare each organic HAP emissions factor calculated in 
paragraph (b)(1) of this section with its corresponding organic HAP 
emissions limit in Table 3 or 5 to this subpart. If all emissions 
factors are equal to or less than their corresponding emission limits, 
then you are in compliance.
    (c) Demonstrate compliance with a weighted average emission limit. 
Demonstrate each month that you meet each weighted average of the 
organic HAP emissions limits in Table 3 or 5 to this subpart that apply 
to you. When using this option, you must demonstrate compliance with the 
weighted average organic HAP emissions limit for all your open molding 
operations, and then separately demonstrate compliance with the weighted 
average organic HAP emissions limit for all your centrifugal casting 
operations. Open molding operations and centrifugal casting operations 
may not be averaged with each other.
    (1) Each month calculate the weighted average organic HAP emissions 
limit for all open molding operations and the weighted average organic 
HAP emissions limit for all centrifugal casting operations for your 
facility for the last 12-month period to determine the organic HAP 
emissions limit you must meet. To do this, multiply the individual 
organic HAP emissions limits in Table 3 or 5 to this subpart for each 
open molding (centrifugal casting) operation type by the amount of neat 
resin plus or neat gel coat plus used in the last 12 months for each 
open molding (centrifugal casting) operation type, sum these results, 
and then divide this sum by the total amount of neat resin plus and neat 
gel coat plus used in open molding (centrifugal casting) over the last 
12 months as shown in Equation 3 of this section.
[GRAPHIC] [TIFF OMITTED] TR25AU05.015

Where:
ELi = organic HAP emissions limit for operation type i, lbs/
          ton from Tables 3 or 5 to this subpart;
Materiali = neat resin plus or neat gel coat plus used during 
          the last 12-month period for operation type i, tons;
n = number of operations.


[[Page 1218]]


    (2) Each month calculate your weighted average organic HAP emissions 
factor for open molding and centrifugal casting. To do this, multiply 
your actual open molding (centrifugal casting) operation organic HAP 
emissions factors calculated in paragraph (b)(1) of this section and the 
amount of neat resin plus and neat gel coat plus used in each open 
molding (centrifugal casting) operation type, sum the results, and 
divide this sum by the total amount of neat resin plus and neat gel coat 
plus used in open molding (centrifugal casting) operations as shown in 
Equation 4 of this section.
[GRAPHIC] [TIFF OMITTED] TR25AU05.016

Where:
Actual Individual EFi = Actual organic HAP emissions factor 
          for operation type i, lbs/ton;
Materiali = neat resin plus or neat gel coat plus used during 
          the last 12 calendar months for operation type i, tons;
n = number of operations.

    (3) Compare the values calculated in paragraphs (c)(1) and (2) of 
this section. If each 12-month rolling average organic HAP emissions 
factor is less than or equal to the corresponding 12-month rolling 
average organic HAP emissions limit, then you are in compliance.
    (d) Meet the organic HAP emissions limit for one application method 
and use the same resin(s) for all application methods of that resin 
type. This option is limited to resins of the same type. The resin types 
for which this option may be used are noncorrosion-resistant, corrosion-
resistant and/or high strength, and tooling.
    (1) For any combination of manual resin application, mechanical 
resin application, filament application, or centrifugal casting, you may 
elect to meet the organic HAP emissions limit for any one of these 
application methods and use the same resin in all of the resin 
application methods listed in this paragraph (d)(1). Table 7 to this 
subpart presents the possible combinations based on a facility selecting 
the application process that results in the highest allowable organic 
HAP content resin. If the resin organic HAP content is below the 
applicable value shown in Table 7 to this subpart, the resin is in 
compliance.
    (2) You may also use a weighted average organic HAP content for each 
application method described in paragraph (d)(1) of this section. 
Calculate the weighted average organic HAP content monthly. Use Equation 
2 in paragraph (b)(1) of this section except substitute organic HAP 
content for organic HAP emissions factor. You are in compliance if the 
weighted average organic HAP content based on the last 12 months of 
resin use is less than or equal to the applicable organic HAP contents 
in Table 7 to this subpart.
    (3) You may simultaneously use the averaging provisions in paragraph 
(b) or (c) of this section to demonstrate compliance for any operations 
and/or resins you do not include in your compliance demonstrations in 
paragraphs (d)(1) and (2) of this section. However, any resins for which 
you claim compliance under the option in paragraphs (d)(1) and (2) of 
this section may not be included in any of the averaging calculations 
described in paragraph (b) or (c) of this section.
    (4) You do not have to keep records of resin use for any of the 
individual resins where you demonstrate compliance under the option in 
paragraph (d)(1) of this section unless you elect to include that resin 
in the averaging calculations described in paragraph (d)(2) of this 
section.

[70 FR 50125, Aug. 25, 2005]

[[Page 1219]]



Sec. 63.5820  What are my options for meeting the standards
for continuous lamination/casting operations?

    You must use one or more of the options in paragraphs (a) through 
(d) of this section to meet the standards in Sec. 63.5805. Use the 
calculation procedures in Sec. Sec. 63.5865 through 63.5890.
    (a) Compliant line option. Demonstrate that each continuous 
lamination line and each continuous casting line complies with the 
applicable standard.
    (b) Averaging option. Demonstrate that all continuous lamination and 
continuous casting lines combined, comply with the applicable standard.
    (c) Add-on control device option. If your operation must meet the 
58.5 weight percent organic HAP emissions reduction limit in Table 3 to 
this subpart, you have the option of demonstrating that you achieve 95 
percent reduction of all wet-out area organic HAP emissions.
    (d) Combination option. Use any combination of options in paragraphs 
(a) and (b) of this section or, for affected sources at existing 
facilities, any combination of options in paragraphs (a), (b), and (c) 
of this section (in which one or more lines meet the standards on their 
own, two or more lines averaged together meet the standards, and one or 
more lines have their wet-out areas controlled to a level of 95 
percent).



Sec. 63.5830  What are my options for meeting the standards for
pultrusion operations subject to the 60 weight percent organic
HAP emissions reductions 
          requirement?

    You must use one or more of the options in paragraphs (a) through 
(e) of this section to meet the 60 weight percent organic HAP emissions 
limit in Table 3 to this subpart, as required in Sec. 63.5805.
    (a) Achieve an overall reduction in organic HAP emissions of 60 
weight percent by capturing the organic HAP emissions and venting them 
to a control device or any combination of control devices. Conduct 
capture and destruction efficiency testing as specified in 63.5850 to 
this subpart to determine the percent organic HAP emissions reduction.
    (b) Design, install, and operate wet area enclosures and resin drip 
collection systems on pultrusion machines that meet the criteria in 
paragraphs (b)(1) through (10) of this section.
    (1) The enclosure must cover and enclose the open resin bath and the 
forming area in which reinforcements are pre-wet or wet-out and moving 
toward the die(s). The surfaces of the enclosure must be closed except 
for openings to allow material to enter and exit the enclosure.
    (2) For open bath pultrusion machines with a radio frequency pre-
heat unit, the enclosure must extend from the beginning of the resin 
bath to within 12.5 inches or less of the entrance of the radio 
frequency pre-heat unit. If the stock that is within 12.5 inches or less 
of the entrance to the radio frequency pre-heat unit has any drip, it 
must be enclosed. The stock exiting the radio frequency pre-heat unit is 
not required to be in an enclosure if the stock has no drip between the 
exit of the radio frequency pre-heat unit to within 0.5 inches of the 
entrance of the die.
    (3) For open bath pultrusion machines without a radio frequency pre-
heat unit, the enclosure must extend from the beginning of the resin 
bath to within 0.5 inches or less of the die entrance.
    (4) For pultrusion lines with pre-wet area(s) prior to direct die 
injection, no more than 12.5 inches of open wet stock is permitted 
between the entrance of the first pre-wet area and the entrance to the 
die. If the pre-wet stock has any drip, it must be enclosed.
    (5) The total open area of the enclosure must not exceed two times 
the cross sectional area of the puller window(s) and must comply with 
the requirements in paragraphs (b)(5)(i) through (iii) of this section.
    (i) All areas that are open need to be included in the total open 
area calculation with the exception of access panels, doors, and/or 
hatches that are part of the enclosure.
    (ii) The area that is displaced by entering reinforcement or exiting 
product is considered open.
    (iii) Areas that are covered by brush covers are considered closed.
    (6) Open areas for level control devices, monitoring devices, 
agitation

[[Page 1220]]

shafts, and fill hoses must have no more than 1.0 inch clearance.
    (7) The access panels, doors, and/or hatches that are part of the 
enclosure must close tightly. Damaged access panels, doors, and/or 
hatches that do not close tightly must be replaced.
    (8) The enclosure may not be removed from the pultrusion line, and 
access panels, doors, and/or hatches that are part of the enclosure must 
remain closed whenever resin is in the bath, except for the time period 
discussed in paragraph (b)(9) of this section.
    (9) The maximum length of time the enclosure may be removed from the 
pultrusion line or the access panels, doors, and/or hatches and may be 
open, is 30 minutes per 8 hour shift, 45 minutes per 12 hour shift, or 
90 minutes per day if the machine is operated for 24 hours in a day. The 
time restrictions do not apply if the open doors or panels do not cause 
the limit of two times the puller window area to be exceeded. Facilities 
may average the times that access panels, doors, and/or hatches are open 
across all operating lines. In that case the average must not exceed the 
times shown in this paragraph (b)(9). All lines included in the average 
must have operated the entire time period being averaged.
    (10) No fans, blowers, and/or air lines may be allowed within the 
enclosure. The enclosure must not be ventilated.
    (c) Use direct die injection pultrusion machines with resin drip 
collection systems that meet all the criteria specified in paragraphs 
(c)(1) through (3) of this section.
    (1) All the resin that is applied to the reinforcement is delivered 
directly to the die.
    (2) No exposed resin is present, except at the face of the die.
    (3) Resin drip is captured in a closed system and recycled back to 
the process.
    (d) Use a preform injection system that meets the definition in 
Sec. 63.5935
    (e) Use any combination of options in paragraphs (a) through (d) of 
this section in which different pultrusion lines comply with different 
options described in paragraphs (a) through (d) of this section, and
    (1) Each individual pultrusion machine meets the 60 percent 
reduction requirement, or
    (2) The weighted average reduction based on resin throughput of all 
machines combined is 60 percent. For purposes of the average percent 
reduction calculation, wet area enclosures reduce organic HAP emissions 
by 60 percent, and direct die injection and preform injection reduce 
organic HAP emissions by 90 percent.

[68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50127, Aug. 25, 2005]

                     General Compliance Requirements



Sec. 63.5835  What are my general requirements for complying 
with this subpart?

    (a) You must be in compliance at all times with the work practice 
standards in Table 4 to this subpart, as well as the organic HAP 
emissions limits in Tables 3, or 5, or the organic HAP content limits in 
Table 7 to this subpart, as applicable, that you are meeting without the 
use of add-on controls.
    (b) You must be in compliance with all organic HAP emissions limits 
in this subpart that you meet using add-on controls at all times.
    (c) 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).

[68 FR 19402, Apr. 21, 2003, as amended at 71 FR 20466, Apr. 20, 2006; 
85 FR 15975, Mar. 20, 2020]

               Testing and Initial Compliance Requirements



Sec. 63.5840  By what date must I conduct a performance test or
other initial compliance demonstration?

    You must conduct performance tests, performance evaluations, design 
evaluations, capture efficiency testing, and other initial compliance 
demonstrations by the compliance date specified in Table 2 to this 
subpart, with three exceptions. Open molding and centrifugal casting 
operations that elect to meet an organic HAP emissions limit on a 12-
month rolling average must initiate collection of the required

[[Page 1221]]

data on the compliance date, and demonstrate compliance 1 year after the 
compliance date. New sources that use add-on controls to initially meet 
compliance must demonstrate compliance within 180 days after their 
compliance date.



Sec. 63.5845  When must I conduct subsequent performance tests?

    You must conduct a performance test every 5 years following the 
initial performance test for any standard you meet with an add-on 
control device.



Sec. 63.5850  How do I conduct performance tests, performance
evaluations, and design evaluations?

    (a) If you are using any add-on controls to meet an organic HAP 
emissions limit in this subpart, you must conduct each performance test, 
performance evaluation, and design evaluation in 40 CFR part 63, subpart 
SS, that applies to you. The basic requirements for performance tests, 
performance evaluations, and design evaluations are presented in Table 6 
to this subpart.
    (b) Each performance test must be conducted according to the 
requirements in Sec. 63.7(e)(1) and under the specific conditions that 
40 CFR part 63, subpart SS, specifies.
    (c) Each performance evaluation must be conducted according to the 
requirements in Sec. 63.8(e) as applicable and under the specific 
conditions that 40 CFR part 63, subpart SS, specifies.
    (d) You may not conduct performance tests or performance evaluations 
during periods of startup, shutdown, or malfunction, as specified in 
Sec. 63.7(e)(1).
    (e) You must conduct the control device performance test using the 
emission measurement methods specified in paragraphs (e)(1) through (5) 
of this section.
    (1) Use either Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select the sampling sites.
    (2) Use Method 2, 2A, 2C, 2D, 2F or 2G of appendix A to 40 CFR part 
60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 18 of appendix A to 40 CFR part 60 to measure organic 
HAP emissions or use Method 25A of appendix A to 40 CFR part 60 to 
measure total gaseous organic emissions as a surrogate for total organic 
HAP emissions. If you use Method 25A, you must assume that all gaseous 
organic emissions measured as carbon are organic HAP emissions. If you 
use Method 18 and the number of organic HAP in the exhaust stream 
exceeds five, you must take into account the use of multiple 
chromatographic columns and analytical techniques to get an accurate 
measure of at least 90 percent of the total organic HAP mass emissions. 
Do not use Method 18 to measure organic HAP emissions from a combustion 
device; use instead Method 25A and assume that all gaseous organic mass 
emissions measured as carbon are organic HAP emissions.
    (4) You may use American Society for Testing and Materials (ASTM) 
D6420-99 (available for purchase from at least one of the following 
addresses: 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; or 
University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI 
48106.) in lieu of Method 18 of 40 CFR part 60, appendix A, under the 
conditions specified in paragraphs (c)(4)(i) through (iii) of this 
section.
    (i) If the target compound(s) is listed in Section 1.1 of ASTM 
D6420-99 and the target concentration is between 150 parts per billion 
by volume and 100 parts per million by volume.
    (ii) If the target compound(s) is not listed in Section 1.1 of ASTM 
D6420-99, but is potentially detected by mass spectrometry, an 
additional system continuing calibration check after each run, as 
detailed in Section 10.5.3 of ASTM D6420-99, must be followed, met, 
documented, and submitted with the performance test report even if you 
do not use a moisture condenser or the compound is not considered 
soluble.
    (iii) If a minimum of one sample/analysis cycle is completed at 
least every 15 minutes.
    (5) Use the procedures in EPA Method 3B of appendix A to 40 CFR part 
60 to determine an oxygen correction factor if required by Sec. 
63.997(e)(2)(iii)(C). You may use American Society of Mechanical 
Engineers (ASME) PTC 19-10-1981-Part 10 (available for purchase from 
ASME, P.O. Box 2900, 22 Law Drive, Fairfield, New Jersey, 07007-2900,

[[Page 1222]]

or online at www.asme.org/catalog) as an alternative to EPA Method 3B of 
appendix A to 40 CFR part 60.
    (f) The control device performance test must consist of three runs 
and each run must last at least 1 hour. The production conditions during 
the test runs must represent normal production conditions with respect 
to the types of parts being made and material application methods. The 
production conditions during the test must also represent maximum 
potential emissions with respect to the organic HAP content of the 
materials being applied and the material application rates.
    (g) If you are using a concentrator/oxidizer control device, you 
must test the combined flow upstream of the concentrator, and the 
combined outlet flow from both the oxidizer and the concentrator to 
determine the overall control device efficiency. If the outlet flow from 
the concentrator and oxidizer are exhausted in separate stacks, you must 
test both stacks simultaneously with the inlet to the concentrator to 
determine the overall control device efficiency.
    (h) During the test, you must also monitor and record separately the 
amounts of production resin, tooling resin, pigmented gel coat, clear 
gel coat, and tooling gel coat applied inside the enclosure that is 
vented to the control device.



Sec. 63.5855  What are my monitor installation and operation requirements?

    You must monitor and operate all add-on control devices according to 
the procedures in 40 CFR part 63, subpart SS.



Sec. 63.5860  How do I demonstrate initial compliance with the standards?

    (a) You demonstrate initial compliance with each organic HAP 
emissions standard in paragraphs (a) through (h) of Sec. 63.5805 that 
applies to you by using the procedures shown in Tables 8 and 9 to this 
subpart.
    (b) If using an add-on control device to demonstrate compliance, you 
must also establish each control device operating limit in 40 CFR part 
63, subpart SS, that applies to you.

 Emission Factor, Percent Reduction, and Capture Efficiency Calculation 
         Procedures for Continuous Lamination/Casting Operations



Sec. 63.5865  What data must I generate to demonstrate compliance
with the standards for continuous lamination/casting operations?

    (a) For continuous lamination/casting affected sources complying 
with a percent reduction requirement, you must generate the data 
identified in Tables 10 and 11 to this subpart for each data requirement 
that applies to your facility.
    (b) For continuous lamination/casting affected sources complying 
with a lbs/ton limit, you must generate the data identified in Tables 11 
and 12 to this subpart for each data requirement that applies to your 
facility.



Sec. 63.5870  How do I calculate annual uncontrolled and controlled
organic HAP emissions from my wet-out area(s) and from my oven(s)
for continuous 
          lamination/casting operations?

    To calculate your annual uncontrolled and controlled organic HAP 
emissions from your wet-out areas and from your ovens, you must develop 
uncontrolled and controlled wet-out area and uncontrolled and controlled 
oven organic HAP emissions estimation equations or factors to apply to 
each formula applied on each line, determine how much of each formula 
for each end product is applied each year on each line, and assign 
uncontrolled and controlled wet-out area and uncontrolled and controlled 
oven organic HAP emissions estimation equations or factors to each 
formula. You must determine the overall capture efficiency using the 
procedures in Sec. 63.5850 to this subpart.
    (a) To develop uncontrolled and controlled organic HAP emissions 
estimation equations and factors, you must, at a minimum, do the 
following, as specified in paragraphs (a)(1) through (6) of this 
section:
    (1) Identify each end product and the thickness of each end product 
produced on the line. Separate end products into the following end 
product groupings, as applicable: corrosion-resistant gel

[[Page 1223]]

coated end products, noncorrosion-resistant gel coated end products, 
corrosion-resistant nongel coated end products, and noncorrosion-
resistant nongel coated end products. This step creates end product/
thickness combinations.
    (2) Identify each formula used on the line to produce each end 
product/thickness combination. Identify the amount of each such formula 
applied per year. Rank each formula used to produce each end product/
thickness combination according to usage within each end product/
thickness combination.
    (3) For each end product/thickness combination being produced, 
select the formula with the highest usage rate for testing.
    (4) If not already selected, also select the worst-case formula 
(likely to be associated with the formula with the highest organic HAP 
content, type of HAP, application of gel coat, thin product, low line 
speed, higher resin table temperature) amongst all formulae. (You may 
use the results of the worst-case formula test for all formulae if 
desired to limit the amount of testing required.)
    (5) For each formula selected for testing, conduct at least one test 
(consisting of three runs). During the test, track information on 
organic HAP content and type of HAP, end product thickness, line speed, 
and resin temperature on the wet-out area table.
    (6) Using the test results, develop uncontrolled and controlled 
organic HAP emissions estimation equations (or factors) or series of 
equations (or factors) that best fit the results for estimating 
uncontrolled and controlled organic HAP emissions, taking into account 
the organic HAP content and type of HAP, end product thickness, line 
speed, and resin temperature on the wet-out area table.
    (b) In lieu of using the method specified in paragraph (a) of this 
section for developing uncontrolled and controlled organic HAP emissions 
estimation equations and factors, you may either method specified in 
paragraphs (b)(1) and (2) of this section, as applicable.
    (1) For either uncontrolled or controlled organic HAP emissions 
estimates, you may use previously established, facility-specific organic 
HAP emissions equations or factors, provided they allow estimation of 
both wet-out area and oven organic HAP emissions, where necessary, and 
have been approved by your permitting authority. If a previously 
established equation or factor is specific to the wet-out area only, or 
to the oven only, then you must develop the corresponding uncontrolled 
or controlled equation or factor for the other organic HAP emissions 
source.
    (2) For uncontrolled (controlled) organic HAP emissions estimates, 
you may use controlled (uncontrolled) organic HAP emissions estimates 
and control device destruction efficiency to calculate your uncontrolled 
(controlled) organic HAP emissions provided the control device 
destruction efficiency was calculated at the same time you collected the 
data to develop your facility's controlled (uncontrolled) organic HAP 
emissions estimation equations and factors.
    (c) Assign to each formula an uncontrolled organic HAP emissions 
estimation equation or factor based on the end product/thickness 
combination for which that formula is used.
    (d)(1) To calculate your annual uncontrolled organic HAP emissions 
from wet-out areas that do not have any capture and control and from 
wet-out areas that are captured by an enclosure but are vented to the 
atmosphere and not to a control device, multiply each formula's annual 
usage by its appropriate organic HAP emissions estimation equation or 
factor and sum the individual results.
    (2) To calculate your annual uncontrolled organic HAP emissions that 
escape from the enclosure on the wet-out area, multiply each formula's 
annual usage by its appropriate uncontrolled organic HAP emissions 
estimation equation or factor, sum the individual results, and multiply 
the summation by 1 minus the percent capture (expressed as a fraction).
    (3) To calculate your annual uncontrolled oven organic HAP 
emissions, multiply each formula's annual usage by its appropriate 
uncontrolled organic HAP emissions estimation equation or factor and sum 
the individual results.

[[Page 1224]]

    (4) To calculate your annual controlled organic HAP emissions, 
multiply each formula's annual usage by its appropriate organic HAP 
emissions estimation equation or factor and sum the individual results 
to obtain total annual controlled organic HAP emissions.
    (e) Where a facility is calculating both uncontrolled and controlled 
organic HAP emissions estimation equations and factors, you must test 
the same formulae. In addition, you must develop both sets of equations 
and factors from the same tests.



Sec. 63.5875  How do I determine the capture efficiency of the
enclosure on my wet-out area and the capture efficiency of my
oven(s) for continuous lamination/
          casting operations?

    (a) The capture efficiency of a wet-out area enclosure is assumed to 
be 100 percent if it meets the design and operation requirements for a 
permanent total enclosure (PTE) specified in EPA Method 204 of appendix 
M to 40 CFR part 51. If a PTE does not exist, then a temporary total 
enclosure must be constructed and verified using EPA Method 204, and 
capture efficiency testing must be determined using EPA Methods 204B 
through E of appendix M to 40 CFR part 51.
    (b) The capture efficiency of an oven is to be considered 100 
percent, provided the oven is operated under negative pressure.



Sec. 63.5880  How do I determine how much neat resin plus is
applied to the line and how much neat gel coat plus is applied to
the line for continuous 
          lamination/casting operations?

    Use the following procedures to determine how much neat resin plus 
and neat gel coat plus is applied to the line each year.
    (a) Track formula usage by end product/thickness combinations.
    (b) Use in-house records to show usage. This may be either from 
automated systems or manual records.
    (c) Record daily the usage of each formula/end product combination 
on each line. This is to be recorded at the end of each run (i.e., when 
a changeover in formula or product is made) and at the end of each 
shift.
    (d) Sum the amounts from the daily records to calculate annual usage 
of each formula/end product combination by line.



Sec. 63.5885  How do I calculate percent reduction to demonstrate
compliance for continuous lamination/casting operations?

    You may calculate percent reduction using any of the methods in 
paragraphs (a) through (d) of this section.
    (a) Compliant line option. If all of your wet-out areas have PTE 
that meet the requirements of EPA Method 204 of appendix M of 40 CFR 
part 51, and all of your wet-out area organic HAP emissions and oven 
organic HAP emissions are vented to an add-on control device, use 
Equation 1 of this section to demonstrate compliance. In all other 
situations, use Equation 2 of this section to demonstrate compliance.
[GRAPHIC] [TIFF OMITTED] TR25AU05.017

Where:

PR = percent reduction;
Inlet + HAP emissions entering the control device, lbs per year;
Outlet = HAP emissions existing the control device to the atmosphere, 
          lbs per year.

[[Page 1225]]

[GRAPHIC] [TIFF OMITTED] TR25AU05.018

Where:

PR = percent reduction;
WAEici = wet-out area organic HAP emissions, lbs per year, 
          vented to a control device;
WAEiu = wet-out area organic HAP emissions, lbs per year, not 
          vented to a control device;
Oju = oven organic HAP emissions, lbs per year, not vented to 
          a control device;
Ojci = oven organic HAP emissions, lbs per year, vented to a 
          control device;
WAEico = wet-out area organic HAP emissions, lbs per year, 
          from the control device outlet;
Ojco = oven organic HAP emissions, lbs per year, from the 
          control device outlet.

    (b) Averaging option. Use Equation 3 of this section to calculate 
percent reduction.
[GRAPHIC] [TIFF OMITTED] TR25AU05.019

Where:

PR = percent reduction;
WAEici = wet-out area organic HAP emissions from wet-out area 
          i, lbs per year, sent to a control device;
WAEiu = wet-out area organic HAP emissions from wet-out area 
          i, lbs per year, not sent to a control device;
WAEico = wet-out area organic HAP emissions from wet-out area 
          i, lbs per year, at the outlet of a control device;
Oju = organic HAP emissions from oven j, lbs per year, not 
          sent to a control device;
Ojci = organic HAP emissions from oven j, lbs per year, sent 
          to a control device;
Ojco = organic HAP emissions from oven j, lbs per year, at 
          the outlet of the control device;
m = number of wet-out areas;
n = number of ovens.

    (c) Add-on control device option. Use Equation 1 of this section to 
calculate percent reduction.
    (d) Combination option. Use Equations 1 through 3 of this section, 
as applicable, to calculate percent reduction.

[70 FR 50127, Aug. 25, 2005]



Sec. 63.5890  How do I calculate an organic HAP emissions factor
to demonstrate compliance for continuous lamination/casting operations?

    (a) Compliant line option. Use Equation 1 of this section to 
calculate an organic HAP emissions factor in lbs/ton.
[GRAPHIC] [TIFF OMITTED] TR21AP03.007

Where:

E = HAP emissions factor in lbs/ton of resin and gel coat
WAEu = uncontrolled wet-out area organic HAP emissions, lbs 
          per year
WAEc = controlled wet-out area organic HAP emissions, lbs per 
          year
Ou = uncontrolled oven organic HAP emissions, lbs per year
Oc = controlled oven organic HAP emissions, lbs per year
R = total usage of neat resin plus, tpy
G = total usage of neat gel coat plus, tpy
(b) Averaging option. Use Equation 2 of this section to demonstrate 
          compliance.

[[Page 1226]]

[GRAPHIC] [TIFF OMITTED] TR21AP03.008

Where:

E = HAP emissions factor in lbs/ton of resin and gel coat
WAEui = uncontrolled organic HAP emissions from wet-out area 
          i, lbs per year
WAEci = controlled organic HAP emissions from wet-out area i, 
          lbs per year
Ouj = uncontrolled organic HAP emissions from oven j, lbs per 
          year
Ocj = controlled organic HAP emissions from oven j, lbs per 
          year
i = number of wet-out areas
j = number of ovens
m = number of wet-out areas uncontrolled
n = number of ovens uncontrolled
o = number of wet-out areas controlled
p = number of ovens controlled
R = total usage of neat resin plus, tpy
G = total usage of neat gel coat plus, tpy

    (c) Combination option. Use Equations 1 and 2 of this section, as 
applicable, to demonstrate compliance.

                   Continuous Compliance Requirements



Sec. 63.5895  How do I monitor and collect data to demonstrate
continuous compliance?

    (a) During production, you must collect and keep a record of data as 
indicated in 40 CFR part 63, subpart SS, if you are using an add-on 
control device.
    (b) You must monitor and collect data as specified in paragraphs 
(b)(1) through (4) of this section.
    (1) 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 conduct all monitoring in continuous operation (or collect data 
at all required intervals) at all times that the affected source is 
operating.
    (2) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
for purposes to this subpart, including data averages and calculations, 
or 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.
    (3) At all times, you must maintain necessary parts for routine 
repairs of the monitoring equipment.
    (4) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring equipment to provide 
valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.
    (c) You must collect and keep records of resin and gel coat use, 
organic HAP content, and operation where the resin is used if you are 
meeting any organic HAP emissions limits based on an organic HAP 
emissions limit in Tables 3 or 5 to this subpart. You must collect and 
keep records of resin and gel coat use, organic HAP content, and 
operation where the resin is used if you are meeting any organic HAP 
content limits in Table 7 to this subpart if you are averaging organic 
HAP contents. Resin use records may be based on purchase records if you 
can reasonably estimate how the resin is applied. The organic HAP 
content records may be based on MSDS or on resin specifications supplied 
by the resin supplier.
    (d) Resin and gel coat use records are not required for the 
individual resins and gel coats that are demonstrated, as applied, to 
meet their applicable emission as defined in Sec. 63.5810(a). However, 
you must retain the records of resin and gel coat organic HAP content, 
and you must include the list of these resins and gel coats and identify 
their application methods in your semiannual compliance reports. If 
after you have initially demonstrated that a specific combination of an 
individual resin or gel coat, application method, and controls meets its 
applicable emission limit, and the resin or gel coat changes or the 
organic HAP content increases, or you change the application method

[[Page 1227]]

or controls, then you again must demonstrate that the individual resin 
or gel coat meets its emission limit as specified in paragraph (a) of 
Sec. 63.5810. If any of the previously mentioned changes results in a 
situation where an individual resin or gel coat now exceeds its 
applicable emission limit in Table 3 or 5 of this subpart, you must 
begin collecting resin and gel coat use records and calculate compliance 
using one of the averaging options on a 12-month rolling average.
    (e) For each of your pultrusion machines, you must record all times 
that wet area enclosures doors or covers are open and there is resin 
present in the resin bath.

[68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50128, Aug. 25, 2005]



Sec. 63.5900  How do I demonstrate continuous compliance with the standards?

    (a) You must demonstrate continuous compliance with each standard in 
Sec. 63.5805 that applies to you according to the methods specified in 
paragraphs (a)(1) through (3) of this section.
    (1) Compliance with organic HAP emissions limits for sources using 
add-on control devices is demonstrated following the procedures in 40 
CFR part 63, subpart SS. Sources using add-on controls may also use 
continuous emissions monitors to demonstrate continuous compliance as an 
alternative to control parameter monitoring.
    (2) Compliance with organic HAP emissions limits is demonstrated by 
maintaining an organic HAP emissions factor value less than or equal to 
the appropriate organic HAP emissions limit listed in Table 3 or 5 to 
this subpart, on a 12-month rolling average, and/or by including in each 
compliance report a statement that individual resins and gel coats, as 
applied, meet the appropriate organic HAP emissions limits, as discussed 
in Sec. 63.5895(d).
    (3) Compliance with organic HAP content limits in Table 7 to this 
subpart is demonstrated by maintaining an average organic HAP content 
value less than or equal to the appropriate organic HAP contents listed 
in Table 7 to this subpart, on a 12-month rolling average, and/or by 
including in each compliance report a statement that resins and gel 
coats individually meet the appropriate organic HAP content limits in 
Table 7 to this subpart, as discussed in Sec. 63.5895(d).
    (4) Compliance with the work practice standards in Table 4 to this 
subpart is demonstrated by performing the work practice required for 
your operation.
    (b) You must report each deviation from each standard in Sec. 
63.5805 that applies to you. The deviations must be reported according 
to the requirements in Sec. 63.5910.
    (c) You must meet the organic HAP emissions limits and work practice 
standards that apply to you at all times.

[68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50128, Aug. 25, 2005; 
71 FR 20466, Apr. 20, 2006; 85 FR 15975, Mar. 20, 2020]

                   Notifications, Reports, and Records



Sec. 63.5905  What notifications must I submit and when?

    (a) You must submit all of the notifications in Table 13 to this 
subpart that apply to you by the dates specified in Table 13 to this 
subpart. The notifications are described more fully in 40 CFR part 63, 
subpart A, referenced in Table 13 to this subpart.
    (b) If you change any information submitted in any notification, you 
must submit the changes in writing to the Administrator within 15 
calendar days after the change.



Sec. 63.5910  What reports must I submit and when?

    (a) You must submit each report in Table 14 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 14 to this subpart and according to 
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. 
63.5800 and ending on June 30 or December 31, whichever date is the 
first date following the end

[[Page 1228]]

of the first calendar half after the compliance date that is specified 
for your source in Sec. 63.5800.
    (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. 63.5800.
    (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 
requirements pursuant to 40 CFR part 70 or 71, and if the permitting 
authority has established dates for submitting semiannual reports 
pursuant to Sec. 70.6 (a)(3)(iii)(A) or Sec. 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.
    (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 truth, accuracy, and completeness 
of the content of the report.
    (3) Date of the report and beginning and ending dates of the 
reporting period.
    (4) [Reserved]
    (5) If there are no deviations from any organic HAP emissions 
limitations (emissions limit and operating limit) that apply to you, and 
there are no deviations from the requirements for work practice 
standards in Table 4 to this subpart, a statement that there were no 
deviations from the organic HAP emissions limitations or work practice 
standards during the reporting period.
    (6) If there were no periods during which the continuous monitoring 
system (CMS), including a continuous emissions monitoring system (CEMS) 
and an operating parameter monitoring system were 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 organic HAP emissions limitation or 
operating limit and for each deviation from the requirements for work 
practice standards that occurs at an affected source where you are not 
using a CMS to comply with the organic HAP emissions limitations or work 
practice standards in this subpart, the compliance report must contain 
the information in paragraphs (c)(1) through (3) of this section and in 
paragraphs (d)(1) and (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), as applicable, and the 
corrective action taken.
    (e) For each deviation from an organic HAP emissions limitation 
(i.e., emissions limit and operating limit) occurring at an affected 
source where you are using a CMS to comply with the organic HAP 
emissions limitation in this subpart, you must include the information 
in paragraphs (c)(1) through (3) of this section and in paragraphs 
(e)(1) through (6) of this section.
    (1) The date and time that each malfunction started and stopped.
    (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 breakdown of the total duration of the deviations during the 
reporting

[[Page 1229]]

period into those that are due to control equipment problems, process 
problems, other known causes, and other unknown causes.
    (f) You must report if you have exceeded the 100 tpy organic HAP 
emissions threshold if that exceedance would make your facility subject 
to Sec. 63.5805(a)(1) or (d). Include with this report any request for 
an exemption under Sec. 63.5805(e). If you receive an exemption under 
Sec. 63.5805(e) and subsequently exceed the 100 tpy organic HAP 
emissions threshold, you must report this exceedance as required in 
Sec. 63.5805(f).
    (g) 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 
Sec. 70.6(a)(3)(iii)(A) or Sec. 71.6(a)(3)(iii)(A). If an affected 
source submits a compliance report pursuant to Table 14 to this subpart 
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), and the compliance 
report includes all required information concerning deviations from any 
organic HAP emissions limitation (including any operating limit) or work 
practice requirement 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 
permitting authority.
    (h) Submit compliance reports based on the requirements in 
Sec. Sec. 63.5910 and 63.5912 and table 14 to this subpart, and not 
based on the requirements in Sec. 63.999.
    (i) Where multiple compliance options are available, you must state 
in your next compliance report if you have changed compliance options 
since your last compliance report.

[68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50128, Aug. 25, 2005; 
85 FR 15975, Mar. 20, 2020]



Sec. 63.5912  How do I submit my reports?

    (a) 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 (a)(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 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 (a)(1) 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

[[Page 1230]]

the EPA via the EPA's CDX as described in paragraph (a)(1) of this 
section.
    (b) Within 60 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 (b)(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 (CBI). If you claim some of 
the information submitted under paragraph (a)(1) 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 (a)(1) of this section.
    (c) For sources that commence construction or reconstruction before 
or on May 17, 2019, you must submit to the Administrator semiannual 
compliance reports of the information required in Sec. 63.5910(c),(d), 
(e), (f), and (i) beginning on September 16, 2020. For sources that 
commence construction or reconstruction after May 17, 2019, you must 
submit to the Administrator semiannual compliance reports of the 
information required in Sec. 63.5910(c), (d), (e), (f), and (i) 
beginning on March 20, 2020, or upon startup, whichever is later.
    (d) If you are required to submit reports following the procedure 
specified in this paragraph (d), beginning on September 17, 2020, you 
must submit all subsequent 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 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 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 the EPA via the EPA's CDX as described earlier in this 
paragraph (d).
    (e) 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

[[Page 1231]]

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 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.
    (f) 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 (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:
    (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) A description of 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.

[85 FR 15976, Mar. 20, 2020]



Sec. 63.5915  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).

[[Page 1232]]

    (2) [Reserved]
    (3) Records of performance tests, design, and performance 
evaluations as required in Sec. 63.10(b)(2).
    (b) If you use an add-on control device, you must keep all records 
required in 40 CFR part 63, subpart SS, to show continuous compliance 
with this subpart.
    (c) You must keep all data, assumptions, and calculations used to 
determine organic HAP emissions factors or average organic HAP contents 
for operations listed in tables 3, 5, and 7 to this subpart.
    (d) You must keep a certified statement that you are in compliance 
with the work practice requirements in Table 4 to this subpart, as 
applicable.
    (e) For a new or existing continuous lamination/ casting operation, 
you must keep the records listed in paragraphs (e)(1) through (4) of 
this section, when complying with the percent reduction and/or lbs/ton 
requirements specified in paragraphs (a) and (c) through (d) of Sec. 
63.5805.
    (1) You must keep all data, assumptions, and calculations used to 
determine percent reduction and/or lbs/ton as applicable;
    (2) You must keep a brief description of the rationale for the 
assignment of an equation or factor to each formula;
    (3) When using facility-specific organic HAP emissions estimation 
equations or factors, you must keep all data, assumptions, and 
calculations used to derive the organic HAP emissions estimation 
equations and factors and identification and rationale for the worst-
case formula; and
    (4) For all organic HAP emissions estimation equations and organic 
HAP emissions factors, you must keep documentation that the appropriate 
permitting authority has approved them.

[68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50129, Aug. 25, 2005; 
85 FR 15977, Mar. 20, 2020]



Sec. 63.5920  In what form and how long must I keep my records?

    (a) You must maintain all applicable records in such a manner that 
they can be readily accessed and are suitable for inspection 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 can keep the 
records offsite for the remaining 3 years.
    (d) You may keep records in hard copy or computer readable form 
including, but not limited to, paper, microfilm, computer floppy disk, 
magnetic tape, or microfiche.
    (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 19402, Apr. 21, 2003, as amended at 85 FR 15977, Mar. 20, 2020]

                   Other Requirements and Information



Sec. 63.5925  What parts of the General Provisions apply to me?

    Table 15 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.5930  Who implements and enforces this subpart?

    (a) This subpart can be administered 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 has the authority to administer 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 contained in paragraph (c) of this section 
are not delegated.
    (c) The authorities that will not be delegated to State, local, or 
tribal

[[Page 1233]]

agencies are listed in paragraphs (c)(1) through (4) of this section:
    (1) Approval of alternatives to the organic HAP emissions standards 
in Sec. 63.5805 under Sec. 63.6(g).
    (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.



Sec. 63.5935  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:
    Atomized mechanical application means application of resin or gel 
coat with spray equipment that separates the liquid into a fine mist. 
This fine mist may be created by forcing the liquid under high pressure 
through an elliptical orifice, bombarding a liquid stream with directed 
air jets, or a combination of these techniques.
    Bulk molding compound (BMC) means a putty-like molding compound 
containing resin(s) in a form that is ready to mold. In addition to 
resins, BMC may contain catalysts, fillers, and reinforcements. Bulk 
molding compound can be used in compression molding and injection 
molding operations to manufacture reinforced plastic composites 
products.
    BMC manufacturing means a process that involves the preparation of 
BMC.
    Centrifugal casting means a process for fabricating cylindrical 
composites, such as pipes, in which composite materials are positioned 
inside a rotating hollow mandrel and held in place by centrifugal forces 
until the part is sufficiently cured to maintain its physical shape.
    Charge means the amount of SMC or BMC that is placed into a 
compression or injection mold necessary to complete one mold cycle.
    Cleaning means removal of composite materials, such as cured and 
uncured resin from equipment, finished surfaces, floors, hands of 
employees, or any other surfaces.
    Clear production gel coat means an unpigmented, quick-setting resin 
used to improve the surface appearance and/or performance of composites. 
It can be used to form the surface layer of any composites other than 
those used for molds in tooling operations.
    Closed molding means a grouping of processes for fabricating 
composites in a way that HAP-containing materials are not exposed to the 
atmosphere except during the material loading stage (e.g., compression 
molding, injection molding, and resin transfer molding). Processes where 
the mold is covered with plastic (or equivalent material) prior to resin 
application, and the resin is injected into the covered mold are also 
considered closed molding.
    Composite means a shaped and cured part produced by using composite 
materials.
    Composite materials means the raw materials used to make composites. 
The raw materials include styrene containing resins. They may also 
include gel coat, monomer, catalyst, pigment, filler, and reinforcement.
    Compression molding means a closed molding process for fabricating 
composites in which composite materials are placed inside matched dies 
that are used to cure the materials under heat and pressure without 
exposure to the atmosphere. The addition of mold paste or in-mold 
coating is considered part of the closed molding process. The composite 
materials used in this process are generally SMC or BMC.
    Compression/injection molding means a grouping of processes that 
involves the use of compression molding and/or injection molding.
    Continuous casting means a continuous process for fabricating 
composites in which composite materials are placed on an in-line 
conveyor belt to produce cast sheets that are cured in an oven.
    Continuous lamination means a continuous process for fabricating 
composites in which composite materials are typically sandwiched between 
plastic films, pulled through compaction rollers, and cured in an oven. 
This process is generally used to produce flat or corrugated products on 
an in-line conveyor.

[[Page 1234]]

    Continuous lamination/casting means a grouping of processes that 
involves the use of continuous lamination and/or continuous casting.
    Controlled emissions means those organic HAP emissions that are 
vented from a control device to the atmosphere.
    Corrosion-resistant gel coat means a gel coat used on a product made 
with a corrosion-resistant resin that has a corrosion-resistant end-use 
application.
    Corrosion-resistant end-use applications means applications where 
the product is manufactured specifically for an application that 
requires a level of chemical inertness or resistance to chemical attack 
above that required for typical reinforced plastic composites products. 
These applications include, but are not limited to, chemical processing 
and storage; pulp and paper production; sewer and wastewater treatment; 
power generation; potable water transfer and storage; food and drug 
processing; pollution or odor control; metals production and plating; 
semiconductor manufacturing; petroleum production, refining, and 
storage; mining; textile production; nuclear materials storage; swimming 
pools; and cosmetic production, as well as end-use applications that 
require high strength resins.
    Corrosion-resistant industry standard includes the following 
standards: ASME RTP-1 or Sect. X; ASTM D5364, D3299, D4097, D2996, 
D2997, D3262, D3517, D3754, D3840, D4024, D4160, D4161, D4162, D4184, 
D3982, or D3839; ANSI/AWWA C950; UL 215, 1316 or 1746, IAPMO PS-199, or 
written customer requirements for resistance to specified chemical 
environments.
    Corrosion-resistant product means a product made with a corrosion-
resistant resin and is manufactured to a corrosion-resistant industry 
standard, or a food contact industry standard, or is manufactured for 
corrosion-resistant end-use applications involving continuous or 
temporary chemical exposures.
    Corrosion-resistant resin means a resin that either:
    (1) Displays substantial retention of mechanical properties when 
undergoing ASTM C-581 coupon testing, where the resin is exposed for 6 
months or more to one of the following materials: Material with a pH 
=2.0 or <=3.0, oxidizing or reducing agents, organic 
solvents, or fuels or additives as defined in 40 CFR 79.2. In the coupon 
testing, the exposed resin needs to demonstrate a minimum of 50 percent 
retention of the relevant mechanical property compared to the same resin 
in unexposed condition. In addition, the exposed resin needs to 
demonstrate an increased retention of the relevant mechanical property 
of at least 20 percentage points when compared to a similarly exposed 
general-purpose resin. For example, if the general-purpose resin retains 
45 percent of the relevant property when tested as specified above, then 
a corrosion-resistant resin needs to retain at least 65 percent (45 
percent plus 20 percent) of its property. The general-purpose resin used 
in the test needs to have an average molecular weight of greater than 
1,000, be formulated with a 1:2 ratio of maleic anhydride to phthalic 
anhydride and 100 percent diethylene glycol, and a styrene content 
between 43 to 48 percent; or
    (2) Complies with industry standards that require specific exposure 
testing to corrosive media, such as UL 1316, UL 1746, or ASTM F-1216.
    Deviation after September 16, 2020, 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 limit, 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 and that is included in the 
operating permit for any affected source required to obtain such a 
permit.
    Deviation before September 17, 2020, 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 limit, operating 
limit, or work practice standard; or

[[Page 1235]]

    (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 limit, or 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.
    Doctor box means the box or trough on an SMC machine into which the 
liquid resin paste is delivered before it is metered onto the carrier 
film.
    Filament application means an open molding process for fabricating 
composites in which reinforcements are fed through a resin bath and 
wound onto a rotating mandrel. The materials on the mandrel may be 
rolled out or worked by using nonmechanical tools prior to curing. Resin 
application to the reinforcement on the mandrel by means other than the 
resin bath, such as spray guns, pressure-fed rollers, flow coaters, or 
brushes is not considered filament application.
    Filled Resin means that fillers have been added to a resin such that 
the amount of inert substances is at least 10 percent by weight of the 
total resin plus filler mixture. Filler putty made from a resin is 
considered a filled resin.
    Fillers means inert substances dispersed throughout a resin, such as 
calcium carbonate, alumina trihydrate, hydrous aluminum silicate, mica, 
feldspar, wollastonite, silica, and talc. Materials that are not 
considered to be fillers are glass fibers or any type of reinforcement 
and microspheres.
    Fire retardant gel coat means a gel coat used for products for which 
low-flame spread/low-smoke resin is used.
    Fluid impingement technology means a spray gun that produces an 
expanding non-misting curtain of liquid by the impingement of low-
pressure uninterrupted liquid streams.
    Food contact industry standard means a standard related to food 
contact application contained in Food and Drug Administration's 
regulations at 21 CFR 177.2420.
    Gel Coat means a quick-setting resin used to improve surface 
appearance and/or performance of composites. It can be used to form the 
surface layer of any composites other than those used for molds in 
tooling operations.
    Gel coat application means a process where either clear production, 
pigmented production, white/off-white or tooling gel coat is applied.
    HAP-containing materials storage means an ancillary process which 
involves keeping HAP-containing materials, such as resins, gel coats, 
catalysts, monomers, and cleaners, in containers or bulk storage tanks 
for any length of time. Containers may include small tanks, totes, 
vessels, and buckets.
    High Performance gel coat means a gel coat used on products for 
which National Sanitation Foundation, United States Department of 
Agriculture, ASTM, durability, or other property testing is required.
    High strength gel coat means a gel coat applied to a product that 
requires high strength resin.
    High strength resins means polyester resins which have a casting 
tensile strength of 10,000 pounds per square inch or more and which are 
used for manufacturing products that have high strength requirements 
such as structural members and utility poles.
    Injection molding means a closed molding process for fabricating 
composites in which composite materials are injected under pressure into 
a heated mold cavity that represents the exact shape of the product. The 
composite materials are cured in the heated mold cavity.
    Low Flame Spread/Low Smoke Products means products that meet the 
following requirements. The products must meet both the applicable flame 
spread requirements and the applicable smoke requirements. Interior or 
exterior building application products must meet an ASTM E-84 Flame 
Spread Index of less than or equal to 25, and Smoke Developed Index of 
less than or equal to 450, or pass National Fire Protection Association 
286 Room Corner Burn Test with no flash over and total smoke released 
not exceeding 1000 meters square. Mass transit application products must 
meet an ASTM E-162 Flame Spread Index of less than or equal to 35 and 
ASTM E662 Smoke Density Ds @ 1.5 minutes less than or equal

[[Page 1236]]

to 100 and Ds @ 4 minutes less than to equal to 200. Duct application 
products must meet ASTM E084 Flame Spread Index less than or equal to 25 
and Smoke Developed Index less than or equal to 50 on the interior and/
or exterior of the duct.
    Manual resin application means an open molding process for 
fabricating composites in which composite materials are applied to the 
mold by pouring or by using hands and nonmechanical tools, such as 
brushes and rollers. Materials are rolled out or worked by using 
nonmechanical tools prior to curing. The use of pressure-fed rollers and 
flow coaters to apply resin is not considered manual resin application.
    Mechanical resin application means an open molding process for 
fabricating composites in which composite materials (except gel coat) 
are applied to the mold by using mechanical tools such as spray guns, 
pressure-fed rollers, and flow coaters. Materials are rolled out or 
worked by using nonmechanical tools prior to curing.
    Mixing means the blending or agitation of any HAP-containing 
materials in vessels that are 5.00 gallons (18.9 liters) or larger, and 
includes the mixing of putties or polyputties. Mixing may involve the 
blending of resin, gel coat, filler, reinforcement, pigments, catalysts, 
monomers, and any other additives.
    Mold means a cavity or matrix into or onto which the composite 
materials are placed and from which the product takes its form.
    Neat gel coat means the resin as purchased for the supplier, but not 
including any inert fillers.
    Neat gel coat plus means neat gel coat plus any organic HAP-
containing materials that are added to the gel coat by the supplier or 
the facility, excluding catalysts and promoters. Neat gel coat plus does 
include any additions of styrene or methyl methacrylate monomer in any 
form, including in catalysts and promoters.
    Neat resin means the resin as purchased from the supplier, but not 
including any inert fillers.
    Neat resin plus means neat resin plus any organic HAP-containing 
materials that are added to the resin by the supplier or the facility. 
Neat resin plus does not include any added filler, reinforcements, 
catalysts, or promoters. Neat resin plus does include any additions of 
styrene or methyl methacrylate monomer in any form, including in 
catalysts and promoters.
    Nonatomized mechanical application means the use of application 
tools other than brushes to apply resin and gel coat where the 
application tool has documentation provided by its manufacturer or user 
that this design of the application tool has been organic HAP emissions 
tested, and the test results showed that use of this application tool 
results in organic HAP emissions that are no greater than the organic 
HAP emissions predicted by the applicable nonatomized application 
equation(s) in Table 1 to this subpart. In addition, the device must be 
operated according to the manufacturer's directions, including 
instructions to prevent the operation of the device at excessive spray 
pressures. Examples of nonatomized application include flow coaters, 
pressure fed rollers, and fluid impingement spray guns.
    Noncorrosion-resistant resin means any resin other than a corrosion-
resistant resin or a tooling resin.
    Noncorrosion-resistant product means any product other than a 
corrosion-resistant product or a mold.
    Non-routine manufacture means that you manufacture parts to replace 
worn or damaged parts of a reinforced plastic composites product, or a 
product containing reinforced plastic composite parts, that was 
originally manufactured in another facility. For a part to qualify as 
non-routine manufacture, it must be used for repair or replacement, and 
the manufacturing schedule must be based on the current or anticipated 
repair needs of the reinforced plastic composites product, or a product 
containing reinforced plastic composite parts.
    Operation means a specific process typically found at a reinforced 
plastic composites facility. Examples of operations are noncorrosion-
resistant manual resin application, corrosion-resistant mechanical resin 
application, pigmented gel coat application, mixing and HAP-containing 
materials storage.
    Operation group means a grouping of individual operations based 
primarily

[[Page 1237]]

on mold type. Examples are open molding, closed molding, and centrifugal 
casting.
    Open molding means a process for fabricating composites in a way 
that HAP-containing materials are exposed to the atmosphere. Open 
molding includes processes such as manual resin application, mechanical 
resin application, filament application, and gel coat application. Open 
molding also includes application of resins and gel coats to parts that 
have been removed from the open mold.
    Pigmented gel coat means a gel coat that has a color, but does not 
contain 10 percent of more titanium dioxide by weight. It can be used to 
form the surface layer of any composites other than those used for molds 
in tooling operations.
    Polymer casting means a process for fabricating composites in which 
composite materials are ejected from a casting machine or poured into an 
open, partially open, or closed mold and cured. After the composite 
materials are poured into the mold, they are not rolled out or worked 
while the mold is open, except for smoothing the material and/or 
vibrating the mold to remove bubbles. The composite materials may or may 
not include reinforcements. Products produced by the polymer casting 
process include cultured marble products and polymer concrete.
    Preform Injection means a form of pultrusion where liquid resin is 
injected to saturate reinforcements in an enclosed system containing one 
or more chambers with openings only large enough to admit 
reinforcements. Resin, which drips out of the chamber(s) during the 
process, is collected in closed piping or covered troughs and then into 
a covered reservoir for recycle. Resin storage vessels, reservoirs, 
transfer systems, and collection systems are covered or shielded from 
the ambient air. Preform injection differs from direct die injection in 
that the injection chambers are not directly attached to the die.
    Prepreg materials means reinforcing fabric received precoated with 
resin which is usually cured through the addition of heat.
    Pultrusion means a continuous process for manufacturing composites 
that have a uniform cross-sectional shape. The process consists of 
pulling a fiber-reinforcing material through a resin impregnation 
chamber or bath and through a shaping die, where the resin is 
subsequently cured. There are several types of pultrusion equipment, 
such as open bath, resin injection, and direct die injection equipment.
    Repair means application of resin or gel coat to a part to correct a 
defect, where the resin or gel coat application occurs after the part 
has gone through all the steps of its typical production process, or the 
application occurs outside the normal production area. For purposes of 
this subpart, rerouting a part back through the normal production line, 
or part of the normal production line, is not considered repair.
    Resin transfer molding means a process for manufacturing composites 
whereby catalyzed resin is transferred or injected into a closed mold in 
which fiberglass reinforcement has been placed.
    Sheet molding compound (SMC) means a ready-to-mold putty-like 
molding compound that contains resin(s) processed into sheet form. The 
molding compound is sandwiched between a top and a bottom film. In 
addition to resin(s), it may also contain catalysts, fillers, chemical 
thickeners, mold release agents, reinforcements, and other ingredients. 
Sheet molding compound can be used in compression molding to manufacture 
reinforced plastic composites products.
    Shrinkage controlled resin means a resin that when promoted, 
catalyzed, and filled according to the resin manufacturer's 
recommendations demonstrates less than 0.3 percent linear shrinkage when 
tested according to ASTM D2566.
    Shutdown after September 16, 2020, means the cessation of operation 
of the add-on control devices.
    SMC manufacturing means a process which involves the preparation of 
SMC.
    Startup after September 17, 2020, means the setting in operation of 
the add-on control devices.
    Tooling gel coat means a gel coat that is used to form the surface 
layer of molds. Tooling gel coats generally

[[Page 1238]]

have high heat distortion temperatures, low shrinkage, high barcol 
hardness, and high dimensional stability.
    Tooling resin means a resin that is used to produce molds. Tooling 
resins generally have high heat distortion temperatures, low shrinkage, 
high barcol hardness, and high dimensional stability.
    Uncontrolled oven organic HAP emissions means those organic HAP 
emissions emitted from the oven through closed vent systems to the 
atmosphere and not to a control device. These organic HAP emissions do 
not include organic HAP emissions that may escape into the workplace 
through the opening of panels or doors on the ovens or other similar 
fugitive organic HAP emissions in the workplace.
    Uncontrolled wet-out area organic HAP emissions means any or all of 
the following: Organic HAP emissions from wet-out areas that do not have 
any capture and control, organic HAP emissions that escape from wet-out 
area enclosures, and organic HAP emissions from wet-out areas that are 
captured by an enclosure but are vented to the atmosphere and not to an 
add-on control device.
    Unfilled means that there has been no addition of fillers to a resin 
or that less than 10 percent of fillers by weight of the total resin 
plus filler mixture has been added.
    Vapor suppressant means an additive, typically a wax, that migrates 
to the surface of the resin during curing and forms a barrier to seal in 
the styrene and reduce styrene emissions.
    Vapor-suppressed resin means a resin containing a vapor suppressant 
added for the purpose of reducing styrene emissions during curing.
    White and off-white gel coat means a gel coat that contains 10 
percent of more titanium dioxide by weight.

[68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50129, Aug. 25, 2005; 
85 FR 15977, Mar. 20, 2020]

[[Page 1239]]



Sec. Table 1 to Subpart WWWW of Part 63--Equations To Calculate Organic 
HAP Emissions Factors for Specific Open Molding and Centrifugal Casting 
                             Process Streams
[GRAPHIC] [TIFF OMITTED] TR25AU05.020


[[Page 1240]]


[GRAPHIC] [TIFF OMITTED] TR25AU05.021


[70 FR 50129, Aug. 26, 2005]

[[Page 1241]]



 Sec. Table 2 to Subpart WWWW of Part 63--Compliance Dates for New and 
            Existing Reinforced Plastic Composites Facilities

    As required in Sec. Sec. 63.5800 and 63.5840 you must demonstrate 
compliance with the standards by the dates in the following table:

------------------------------------------------------------------------
                                                         Then you must
   If your facility is . . .          And . . .         comply by this
                                                          date . . .
------------------------------------------------------------------------
1. An existing source..........  a. Is a major        April 21, 2006.
                                  source on or
                                  before the
                                  publication date
                                  of this subpart.
2. An existing source that is    Becomes a major      3 years after
 an area source.                  source after the     becoming a major
                                  publication date     source or April
                                  of this subpart.     21, 2006,
                                                       whichever is
                                                       later.
3. An existing source, and       Subsequently         3 years of the
 emits less than 100 tpy of       increases its        date your semi-
 organic HAP from the             actual organic HAP   annual compliance
 combination of all centrifugal   emissions to 100     report indicates
 casting and continuous           tpy or more from     your facility
 lamination/casting operations    these operations,    meets or exceeds
 at the time of initial           which requires       the 100 tpy
 compliance with this subpart.    that the facility    threshold.
                                  must now comply
                                  with the standards
                                  in Sec.
                                  63.5805(b).
4. A new source................  Is a major source    Upon startup or
                                  at startup.          April 21, 2003,
                                                       whichever is
                                                       later.
5. A new source................  Is an area source    Immediately upon
                                  at startup and       becoming a major
                                  becomes a major      source.
                                  source.
6. A new source, and emits less  Subsequently         3 years from the
 than 100 tpy of organic HAP      increases its        date that your
 from the combination of all      actual organic HAP   semi-annual
 open molding, centrifugal        emissions to 100     compliance report
 casting, continuous lamination/  tpy or more from     indicates your
 casting, pultrusion, SMC and     the combination of   facility meets or
 BMC manufacturing, and mixing    these operations,    exceeds the 100
 operations at the time of        which requires       tpy threshold.
 initial compliance with this     that the facility
 subpart.                         must now meet the
                                  standards in Sec.
                                   63.5805(d).
------------------------------------------------------------------------


[68 FR 19402, Apr. 21, 2003, as amended at 85 FR 73910, Nov. 19, 2020]



 Sec. Table 3 to Subpart WWWW of Part 63--Organic HAP Emissions Limits 
  for Existing Open Molding Sources, New Open Molding Sources Emitting 
 Less Than 100 TPY of HAP, and New and Existing Centrifugal Casting and 
Continuous Lamination/Casting Sources that Emit Less Than 100 TPY of HAP

    As specified in Sec. 63.5805, you must meet the following organic 
HAP emissions limits that apply to you:

------------------------------------------------------------------------
                                                       \1\ Your organic
 If your operation type is . . .   And you use . . .     HAP emissions
                                                        limit is . . .
------------------------------------------------------------------------
1. open molding--corrosion-       a. mechanical       113 lb/ton.
 resistant and/or high strength    resin application. 171 lb/ton.
 (CR/HS).                         b. filament         123 lb/ton.
                                   application.
                                  c. manual resin
                                   application.
------------------------------------------------------------------------
2. open molding--non-CR/HS......  a. mechanical       88 lb/ton.
                                   resin application. 188 lb/ton.
                                  b. filament         87 lb/ton.
                                   application.
                                  c. manual resin
                                   application.
------------------------------------------------------------------------
3. open molding--tooling........  a. mechanical       254 lb/ton.
                                   resin application. 157 lb/ton.
                                  b. manual resin
                                   application.
------------------------------------------------------------------------
4. open molding--low-flame        a. mechanical       497 lb/ton.
 spread/low-smoke products.        resin application. 270 lb/ton.
                                  b. filament         238 lb/ton.
                                   application.
                                  c. manual resin
                                   application.
------------------------------------------------------------------------
5. open molding--shrinkage        a. mechanical       354 lb/ton.
 controlled resins \2\.            resin application. 215 lb/ton.
                                  b. filament         180 lb/ton.
                                   application.
                                  c. manual resin
                                   application.
------------------------------------------------------------------------
6. open molding--gel coat \3\...  a. tooling gel      440 lb/ton.
                                   coating.           267 lb/ton.
                                  b. white/off white  377 lb/ton.
                                   pigmented gel      605 lb/ton.
                                   coating.           854 lb/ton.
                                  c. all other        522 lb/ton.
                                   pigmented gel
                                   coating.
                                  d. CR/HS or high
                                   performance gel
                                   coat.
                                  e. fire retardant
                                   gel coat.
                                  f. clear
                                   production gel
                                   coat.
------------------------------------------------------------------------

[[Page 1242]]

 
7. centrifugal casting--CR/HS...  a. resin            25 lb/ton.\4\
                                   application with   NA--this is
                                   the mold closed,    considered to be
                                   and the mold is     a closed molding
                                   vented during       operation.
                                   spinning and cure. 25 lb/ton.\4\
                                  b. resin            Use the
                                   application with    appropriate open
                                   the mold closed,    molding emission
                                   and the mold is     limit.\5\
                                   not vented during
                                   spinning and cure.
                                  c. resin
                                   application with
                                   the mold open,
                                   and the mold is
                                   vented during
                                   spinning and cure.
                                  d. resin
                                   application with
                                   the mold open,
                                   and the mold is
                                   not vented during
                                   spinning and cure.
------------------------------------------------------------------------
8. centrifugal casting--non-CR/   a. resin            20 lb/ton.\4\
 HS.                               application with   NA--this is
                                   the mold closed,    considered to be
                                   and the mold is     a closed molding
                                   vented during       operation.
                                   spinning and cure. 20 lb/ton.\4\
                                  b. resin            Use the
                                   application with    appropriate open
                                   the mold closed,    molding emission
                                   and mold is not     limit.\5\
                                   vented during the
                                   spinning and cure.
                                  c. resin
                                   application with
                                   the mold open,
                                   and the mold is
                                   vented during
                                   spinning and cure.
                                  d. resin
                                   application with
                                   the mold open,
                                   and the mold is
                                   not vented during
                                   spinning and cure.
------------------------------------------------------------------------
9. pultrusion \6\...............  N/A...............  reduce total
                                                       organic HAP
                                                       emissions by at
                                                       least 60 weight
                                                       percent.
------------------------------------------------------------------------
10. continuous lamination/        N/A...............  reduce total
 casting.                                              organic HAP
                                                       emissions by at
                                                       least 58.5 weight
                                                       percent or not
                                                       exceed an organic
                                                       HAP emissions
                                                       limit of 15.7 lbs
                                                       of organic HAP
                                                       per ton of neat
                                                       resin plus and
                                                       neat gel coat
                                                       plus.
------------------------------------------------------------------------
\1\ Organic HAP emissions limits for open molding and centrifugal
  casting are expressed as lb/ton. You must be at or below these values
  based on a 12-month rolling average.
\2\ This emission limit applies regardless of whether the shrinkage
  controlled resin is used as a production resin or a tooling resin.
\3\ If you only apply gel coat with manual application, for compliance
  purposes treat the gel coat as if it were applied using atomized spray
  guns to determine both emission limits and emission factors. If you
  use multiple application methods and any portion of a specific gel
  coat is applied using nonatomized spray, you may use the nonatomized
  spray gel coat equation to calculate an emission factor for the
  manually applied portion of that gel coat. Otherwise, use the atomized
  spray gel coat application equation to calculate emission factors.
\4\ For compliance purposes, calculate your emission factor using only
  the appropriate centrifugal casting equation in item 2 of Table 1 to
  this subpart, or a site specific emission factor for after the mold is
  closed as discussed in Sec. 63.5796.
\5\ Calculate your emission factor using the appropriate open molding
  covered cure emission factor in item 1 of Table 1 to this subpart, or
  a site specific emission factor as discussed in Sec. 63.5796.
\6\ Pultrusion machines that produce parts that meet the following
  criteria: 1,000 or more reinforcements or the glass equivalent of
  1,000 ends of 113 yield roving or more; and have a cross sectional
  area of 60 square inches or more are not subject to this requirement.
  Their requirement is the work practice of air flow management which is
  described in Table 4 to this subpart.


[70 FR 50131, Aug. 25, 2005]



    Sec. Table 4 to Subpart WWWW of Part 63--Work Practice Standards

    As specified in Sec. 63.5805, you must meet the work practice 
standards in the following table that apply to you:

------------------------------------------------------------------------
            For . . .                          You must . . .
------------------------------------------------------------------------
1. A new or existing closed        Uncover, unwrap or expose only one
 molding operation using            charge per mold cycle per
 compression/injection molding.     compression/injection molding
                                    machine. For machines with multiple
                                    molds, one charge means sufficient
                                    material to fill all molds for one
                                    cycle. For machines with robotic
                                    loaders, no more than one charge may
                                    be exposed prior to the loader. For
                                    machines fed by hoppers, sufficient
                                    material may be uncovered to fill
                                    the hopper. Hoppers must be closed
                                    when not adding materials. Materials
                                    may be uncovered to feed to slitting
                                    machines. Materials must be
                                    recovered after slitting.
2. A new or existing cleaning      Not use cleaning solvents that
 operation.                         contain HAP, except that styrene may
                                    be used as a cleaner in closed
                                    systems, and organic HAP containing
                                    cleaners may be used to clean cured
                                    resin from application equipment.
                                    Application equipment includes any
                                    equipment that directly contacts
                                    resin.

[[Page 1243]]

 
3. A new or existing materials     Keep containers that store HAP-
 HAP-containing materials storage   containing materials closed or
 operation.                         covered except during the addition
                                    or removal of materials. Bulk HAP-
                                    containing materials storage tanks
                                    may be vented as necessary for
                                    safety.
4. An existing or new SMC          Close or cover the resin delivery
 manufacturing operation.           system to the doctor box on each SMC
                                    manufacturing machine. The doctor
                                    box itself may be open.
5. An existing or new SMC          Use a nylon containing film to
 manufacturing operation.           enclose SMC.
6. All mixing or BMC               Use mixer covers with no visible gaps
 manufacturing operations\1\.       present in the mixer covers, except
                                    that gaps of up to 1 inch are
                                    permissible around mixer shafts and
                                    any required instrumentation. Mixers
                                    where the emissions are fully
                                    captured and routed to a 95 percent
                                    efficient control device are exempt
                                    from this requirement.
7. All mixing or BMC               Close any mixer vents when actual
 manufacturing operations\1\.       mixing is occurring, except that
                                    venting is allowed during addition
                                    of materials, or as necessary prior
                                    to adding materials or opening the
                                    cover for safety. Vents routed to a
                                    95 percent efficient control device
                                    are exempt from this requirement.
8. All mixing or BMC               Keep the mixer covers closed while
 manufacturing operations\1\.       actual mixing is occurring except
                                    when adding materials or changing
                                    covers to the mixing vessels.
9. A new or existing pultrusion    i. Not allow vents from the building
 operation manufacturing parts      ventilation system, or local or
 that meet the following            portable fans to blow directly on or
 criteria: 1,000 or more            across the wet-out area(s),
 reinforcements or the glass       ii. Not permit point suction of
 equivalent of 1,000 ends of 113    ambient air in the wet-out area(s)
 yield roving or more; and have a   unless that air is directed to a
 cross sectional area of 60         control device,
 square inches or more that is     iii. Use devices such as deflectors,
 not subject to the 95-percent      baffles, and curtains when practical
 organic HAP emission reduction     to reduce air flow velocity across
 requirement.                       the wet-out area(s),
                                   iv. Direct any compressed air
                                    exhausts away from resin and wet-out
                                    area(s),
                                   v. Convey resin collected from drip-
                                    off pans or other devices to
                                    reservoirs, tanks, or sumps via
                                    covered troughs, pipes, or other
                                    covered conveyance that shields the
                                    resin from the ambient air,
                                   vi. Cover all reservoirs, tanks,
                                    sumps, or HAP-containing materials
                                    storage vessels except when they are
                                    being charged or filled, and
                                   vii. Cover or shield from ambient air
                                    resin delivery systems to the wet-
                                    out area(s) from reservoirs, tanks,
                                    or sumps where practical.
------------------------------------------------------------------------
\1\ Containers of 5 gallons or less may be open when active mixing is
  taking place, or during periods when they are in process (i.e., they
  are actively being used to apply resin). For polymer casting mixing
  operations, containers with a surface area of 500 square inches or
  less may be open while active mixing is taking place.


[85 FR 15977, Mar. 20, 2020]



    Sec. Table 5 to Subpart WWWW of Part 63--Alternative Organic HAP 
    Emissions Limits for Open Molding, Centrifugal Casting, and SMC 
 Manufacturing Operations Where the Standards Are Based on a 95 Percent 
                          Reduction Requirement

    As specified in Sec. 63.5805, as an alternative to the 95 percent 
organic HAP emissions reductions requirement, you may meet the 
appropriate organic HAP emissions limits in the following table:

------------------------------------------------------------------------
                                                       LYour organic HAP
                                                        emissions limit
 If your operation type is . . .   And you use . . .     is a \1\. . .
 
------------------------------------------------------------------------
1. Open molding--corrosion-       a. Mechanical resin  6 lb/ton.
 resistant and/or high strength    application.
 (CR/HS).
                                  b. Filament          9 lb/ton.
                                   application.
                                  c. Manual resin      7 lb/ton.
                                   application.
2. Open molding--non-CR/HS......  a. mechanical resin  13 lb/ton.
                                   application.
                                  b. Filament          10 lb/ton.
                                   application.
                                  c. Manual resin      5 lb/ton.
                                   application.
3. Open molding--tooling........  a. Mechanical resin  13 lb/ton.
                                   application.
                                  b. Manual resin      8 lb/ton.
                                   application.
4. Open molding--low flame        a. Mechanical resin  25 lb/ton.
 spread/low smoke products.        application.
                                  b. Filament          14 lb/ton.
                                   application.
                                  c. Manual resin      12 lb/ton.
                                   application.
5. Open molding--shrinkage        a. Mechanical resin  18 lb/ton.
 controlled resins.                application.
                                  b. Filament          11 lb/ton.
                                   application.
                                  c. Manual resin      9 lb/ton.
                                   application.
6. Open molding--gel coat \2\...  a. Tooling gel       22 lb/ton.
                                   coating.
                                  b. White/off white   22 lb/ton.
                                   pigmented gel
                                   coating.
                                  c. All other         19 lb/ton.
                                   pigmented gel
                                   coating.
                                  d. CR/HS or high     31 lb/ton.
                                   performance gel
                                   coat.

[[Page 1244]]

 
                                  e. Fire retardant    43 lb/ton.
                                   gel coat.
                                  f. Clear production  27 lb/ton.
                                   gel coat.
7. Centrifugal casting--CR/HS \3  A vent system that   27 lb/ton.
 4\.                               moves heated air
                                   through the mold.
8. Centrifugal casting--non-CR/   A vent system that   21 lb/ton.
 HS \3 4\.                         moves heated air
                                   through the mold.
7. Centrifugal casting--CR/HS \3  A vent system that   2 lb/ton.
 4\.                               moves ambient air
                                   through the mold.
8. Centrifugal casting--non-CR/   A vent system that   1 lb/ton.
 HS \3 4\.                         moves ambient air
                                   through the mold.
9. SMC Manufacturing............  N/A................  2.4 lb/ton.
------------------------------------------------------------------------
\1\ Organic HAP emissions limits for open molding and centrifugal
  casting expressed as lb/ton are calculated using the equations shown
  in Table 1 to this subpart. You must be at or below these values based
  on a 12-month rolling average.
\2\ These limits are for spray application of gel coat. Manual gel coat
  application must be included as part of spray gel coat application for
  compliance purposes using the same organic HAP emissions factor
  equation and organic HAP emissions limit. If you only apply gel coat
  with manual application, treat the manually applied gel coat as if it
  were applied with atomized spray for compliance determinations.
\3\ Centrifugal casting operations where the mold is not vented during
  spinning and cure are considered to be closed molding and are not
  subject to any emissions limit. Centrifugal casting operations where
  the mold is not vented during spinning and cure, and the resin is
  applied to the open centrifugal casting mold using mechanical or
  manual open molding resin application techniques are considered to be
  open molding operations and the appropriate open molding emission
  limits apply.
\4\ Centrifugal casting operations where the mold is vented during
  spinning and the resin is applied to the open centrifugal casting mold
  using mechanical or manual open molding resin application techniques,
  use the appropriate centrifugal casting emission limit to determine
  compliance. Calculate your emission factor using the appropriate
  centrifugal casting emission factor in Table 1 to this subpart, or a
  site specific emission factor as discussed in Sec. 63.5796.


[68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50133, Aug. 25, 2005]



    Sec. Table 6 to Subpart WWWW of Part 63--Basic Requirements for 
 Performance Tests, Performance Evaluations, and Design Evaluations for 
          New and Existing Sources Using Add-On Control Devices

    As required in Sec. 63.5850 you must conduct performance tests, 
performance evaluations, and design evaluation according to the 
requirements in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
              For . . .                     You must . . .            Using . . .         following requirements
                                                                                                  . . .
----------------------------------------------------------------------------------------------------------------
1. Each enclosure used to collect and  Meet the requirements    EPA method 204 of        Enclosures that meet
 route organic HAP emissions to an      for a PTE.               appendix M of 40 CFR     the requirements of
 add-on control device that is a PTE.                            part 51.                 EPA Method 204 of
                                                                                          appendix M of 40 CFR
                                                                                          part 51 for a PTE are
                                                                                          assumed to have a
                                                                                          capture efficiency of
                                                                                          100%. Note that the
                                                                                          criteria that all
                                                                                          access doors and
                                                                                          windows that are not
                                                                                          treated as natural
                                                                                          draft openings shall
                                                                                          be closed during
                                                                                          routine operation of
                                                                                          the process is not
                                                                                          intended to require
                                                                                          that these doors and
                                                                                          windows be closed at
                                                                                          all times. It means
                                                                                          that doors and windows
                                                                                          must be closed any
                                                                                          time that you are not
                                                                                          actually moving parts
                                                                                          or equipment through
                                                                                          them. Also, any
                                                                                          styrene retained in
                                                                                          hollow parts and
                                                                                          liberated outside the
                                                                                          PTE is not considered
                                                                                          to be a violation of
                                                                                          the EPA Method 204
                                                                                          criteria.

[[Page 1245]]

 
2. Each enclosure used to collect and  a. Determine the         i. EPA methods 204B      (1) Enclosures that do
 route organic HAP emissions to an      capture efficiency of    through E of appendix    not meet the
 add-on control device that is not a    each enclosure used to   M of 40 CFR part 51,     requirements for a PTE
 PTE.                                   capture organic HAP      or                       must determine the
                                        emissions sent to an                              capture efficiency by
                                        add-on control device.                            constructing a
                                                                                          temporary total
                                                                                          enclosure according to
                                                                                          the requirements of
                                                                                          EPA Method 204 of
                                                                                          appendix M of 40 CFR
                                                                                          part 51 and measuring
                                                                                          the mass flow rates of
                                                                                          the organic HAP in the
                                                                                          exhaust streams going
                                                                                          to the atmosphere and
                                                                                          to the control device.
                                                                                          Test runs for EPA
                                                                                          Methods 204B through E
                                                                                          of appendix M of 40
                                                                                          CFR part 51 must be at
                                                                                          least 3 hours.
                                                                ii. An alternative test  (1) The alternative
                                                                 method that meets the    test method must the
                                                                 requirements in 40 CFR   data quality
                                                                 part 51, appendix M.     objectives and lower
                                                                                          confidence limit
                                                                                          approaches for
                                                                                          alternative capture
                                                                                          efficiency protocols
                                                                                          requirements contained
                                                                                          in 40 CFR part 63
                                                                                          subpart KK, appendix
                                                                                          A.
3. Each control device used to comply  Determine the control    The test methods         Testing and evaluation
 with a percent reduction               efficiency of each       specified in Sec. requirements are
 requirement, or an organic HAP         control device used to   63.5850 to this          contained in 40 CFR
 emissions limit.                       control organic HAP      subpart.                 part 63, subpart SS,
                                        emissions.                                        and Sec. 63.5850 to
                                                                                          this subpart.
4. Determining organic HAP emission    Determine the mass       The test methods         Testing and evaluation
 factors for any operation.             organic HAP emissions    specified in Sec. requirements are
                                        rate.                    63.5850 to this          contained in 40 CFR
                                                                 subpart.                 part 63, subpart SS,
                                                                                          and Sec. 63.5850 to
                                                                                          this subpart.
----------------------------------------------------------------------------------------------------------------



  Sec. Table 7 to Subpart WWWW of Part 63--Options Allowing Use of the 
   Same Resin Across Different Operations That Use the Same Resin Type

    As specified in Sec. 63.5810(d), when electing to use the same 
resin(s) for multiple resin application methods, you may use any 
resin(s) with an organic HAP content less than or equal to the values 
shown in the following table, or any combination of resins whose 
weighted average organic HAP content based on a 12-month rolling average 
is less than or equal to the values shown the following table:

------------------------------------------------------------------------
                                      The highest resin
                                       weight is* * *
                                     percent organic HAP
If your facility has the following  content, or weighted
 resin type and application method     average weight        is . . .
               . . .                 percent organic HAP
                                    content, you can use
                                          for . . .
------------------------------------------------------------------------
1. CR/HS resins, centrifugal        a. CR/HS mechanical.    \3\ 48.0
 casting \1 2\.
                                    b. CR/HS filament           48.0
                                     application.
                                    c. CR/HS manual.....        48.0
------------------------------------------------------------------------
2. CR/HS resins, nonatomized        a. CR/HS filament           46.4
 mechanical.                         application.
                                    b. CR/HS manual.....        46.4
------------------------------------------------------------------------
3. CR/HS resins, filament           CR/HS manual........        42.0
 application.
------------------------------------------------------------------------
4. non-CR/HS resins, filament       a. non-CR/HS            \3\ 45.0
 application.                        mechanical.
                                    b. non-CR/HS manual.        45.0
                                    c. non-CR/HS                45.0
                                     centrifugal casting
                                     \1 2\.
------------------------------------------------------------------------
5. non-CR/HS resins, nonatomized    a. non-CR/HS manual.        38.5
 mechanical.
                                    b. non-CR/HS                38.5
                                     centrifugal casting
                                     \1 2\.
6. non-CR/HS resins, centrifugal    non-CR/HS manual....        37.5
 casting \1 2\.
7. tooling resins, nonatomized      tooling manual......        91.4
 mechanical.
8. tooling resins, manual.........  tooling atomized            45.9
                                     mechanical.
------------------------------------------------------------------------
\1\ If the centrifugal casting operation blows heated air through the
  molds, then 95 percent capture and control must be used if the
  facility wishes to use this compliance option.

[[Page 1246]]

 
\2\ If the centrifugal casting molds are not vented, the facility may
  treat the centrifugal casting operations as if they were vented if
  they wish to use this compliance option.
\3\ Nonatomized mechanical application must be used.


[70 FR 50133, Aug. 25, 2005]



Sec. Table 8 to Subpart WWWW of Part 63--Initial Compliance With Organic 
                          HAP Emissions Limits

    As specified in Sec. 63.5860(a), you must demonstrate initial 
compliance with organic HAP emissions limits as specified in the 
following table:

------------------------------------------------------------------------
                                  That must meet the
                                   following organic       You have
            For . . .                HAP emissions       demonstrated
                                      limit . . .     initial compliance
                                                           if . . .
------------------------------------------------------------------------
1. open molding and centrifugal   a. an organic HAP   i. you have met
 casting operations.               emissions limit     the appropriate
                                   shown in Tables 3   organic HAP
                                   or 5 to this        emissions limits
                                   subpart, or an      for these
                                   organic HAP         operations as
                                   content limit       calculated using
                                   shown in Table 7    the procedures in
                                   to this subpart.    Sec. 63.5810 on
                                                       a 12-month
                                                       rolling average 1
                                                       year after the
                                                       appropriate
                                                       compliance date,
                                                       and/or
                                                      ii. you
                                                       demonstrate that
                                                       any individual
                                                       resins or gel
                                                       coats not
                                                       included in (i)
                                                       above, as
                                                       applied, meet
                                                       their applicable
                                                       emission limits,
                                                       or
                                                      iii. you
                                                       demonstrate using
                                                       the appropriate
                                                       values in Table 7
                                                       to this subpart
                                                       that the weighted
                                                       average of all
                                                       resins and gel
                                                       coats for each
                                                       resin type and
                                                       application
                                                       method meet the
                                                       appropriate
                                                       organic HAP
                                                       contents.
------------------------------------------------------------------------
2. open molding centrifugal       a. reduce total     total organic HAP
 casting, continuous lamination/   organic HAP         emissions, based
 casting, SMC and BMC              emissions by at     on the results of
 manufacturing, and mixing         least 95 percent    the capture
 operations.                       by weight.          efficiency and
                                                       destruction
                                                       efficiency
                                                       testing specified
                                                       in Table 6 to
                                                       this subpart, are
                                                       reduced by at
                                                       least 95 percent
                                                       by weight.
------------------------------------------------------------------------
3. continuous lamination/casting  a. reduce total     total organic HAP
 operations.                       organic HAP         emissions, based
                                   emissions, by at    on the results of
                                   least 58.5 weight   the capture
                                   percent, or         efficiency and
                                                       destruction
                                                       efficiency in
                                                       Table 6 to this
                                                       subpart and the
                                                       calculation
                                                       procedures
                                                       specified in Sec.
                                                        Sec. 63.5865
                                                       through 63.5890,
                                                       are reduced by at
                                                       least 58.5
                                                       percent by
                                                       weight.
                                  b. not exceed an    total organic HAP
                                   organic HAP         emissions, based
                                   emissions limit     on the results of
                                   of 15.7 lbs of      the capture
                                   organic HAP per     efficiency and
                                   ton of neat resin   destruction
                                   plus and neat gel   efficiency
                                   coat plus.          testing specified
                                                       in Table 6 to
                                                       this subpart and
                                                       the calculation
                                                       procedures
                                                       specified in Sec.
                                                        Sec. 63.5865
                                                       through 63.5890,
                                                       do not exceed
                                                       15.7 lbs of
                                                       organic HAP per
                                                       ton of neat resin
                                                       plus and neat gel
                                                       coat plus.
------------------------------------------------------------------------
4. continuous lamination/casting  a. reduce total     total organic HAP
 operations.                       organic HAP         emissions, based
                                   emissions by at     on the results of
                                   least 95 weight     the capture
                                   percent or          efficiency and
                                                       destruction
                                                       efficiency
                                                       testing specified
                                                       in Table 6 to
                                                       this subpart and
                                                       the calculation
                                                       procedures
                                                       specified in Sec.
                                                        Sec. 63.5865
                                                       through 63.5890,
                                                       are reduced by at
                                                       least 95 percent
                                                       by weight
                                  b. not exceed an    total organic HAP
                                   organic HAP         emissions, based
                                   emissions limit     on the results of
                                   of 1.47 lbs of      the capture
                                   organic HAP per     efficiency and
                                   ton of neat resin   destruction
                                   plus and neat gel   efficiency
                                   coat plus.          testing specified
                                                       in Table 6 and
                                                       the calculation
                                                       procedures
                                                       specified in Sec.
                                                        Sec. 63.5865
                                                       through 63.5890,
                                                       do not exceed
                                                       1.47 lbs of
                                                       organic HAP of
                                                       per ton of neat
                                                       resin plus and
                                                       neat gel coat
                                                       plus.
------------------------------------------------------------------------

[[Page 1247]]

 
5. pultrusion operations........  a. reduce total     i. total organic
                                   organic HAP         HAP emissions,
                                   emissions by at     based on the
                                   least 60 percent    results of the
                                   by weight.          capture
                                                       efficiency and
                                                       add-on control
                                                       device
                                                       destruction
                                                       efficiency
                                                       testing specified
                                                       in Table 6 to
                                                       this subpart, are
                                                       reduced by at
                                                       least 60 percent
                                                       by weight, and/or
                                                      ii. as part of the
                                                       notification of
                                                       initial
                                                       compliance
                                                       status, the owner/
                                                       operator submits
                                                       a certified
                                                       statement that
                                                       all pultrusion
                                                       lines not
                                                       controlled with
                                                       an add-on control
                                                       device, but for
                                                       which an emission
                                                       reduction is
                                                       being claimed,
                                                       are using direct
                                                       die injection,
                                                       and/or wet-area
                                                       enclosures that
                                                       meet the criteria
                                                       of Sec.
                                                       63.5830.
------------------------------------------------------------------------
6. pultrusion operations........  a. reduce total     i. total organic
                                   organic HAP         HAP emissions,
                                   emissions by at     based on the
                                   least 95 percent    results of the
                                   by weight.          capture
                                                       efficiency and
                                                       add-on control
                                                       device
                                                       destruction
                                                       efficiency
                                                       testing specified
                                                       in Table 6 to
                                                       this subpart, are
                                                       reduced by at
                                                       least 95 percent
                                                       by weight.
------------------------------------------------------------------------


[70 FR 50134, Aug. 25, 2005]



 Sec. Table 9 to Subpart WWWW of Part 63--Initial Compliance With Work 
                           Practice Standards

    As specified in Sec. 63.5860(a), you must demonstrate initial 
compliance with work practice standards as specified in the following 
table:

------------------------------------------------------------------------
                                                           You have
                                  That must meet the     demonstrated
            For . . .                  following      initial compliance
                                    standards . . .        if . . .
------------------------------------------------------------------------
1. a new or existing closed       uncover, unwrap or  the owner or
 molding operation using           expose only one     operator submits
 compression/injection molding.    charge per mold     a certified
                                   cycle per           statement in the
                                   compression/        notice of
                                   injection molding   compliance status
                                   machine. For        that only one
                                   machines with       charge is
                                   multiple molds,     uncovered,
                                   one charge means    unwrapped, or
                                   sufficient          exposed per mold
                                   material to fill    cycle per
                                   all molds for one   compression/
                                   cycle. For          injection molding
                                   machines with       machine, or prior
                                   robotic loaders,    to the loader,
                                   no more than one    hoppers are
                                   charge may be       closed except
                                   exposed prior to    when adding
                                   the loader. For     materials, and
                                   machines fed by     materials are
                                   hoppers,            recovered after
                                   sufficient          slitting.
                                   material may be
                                   uncovered to fill
                                   the hopper.
                                   Hoppers must be
                                   closed when not
                                   adding materials.
                                   Materials may be
                                   uncovered to feed
                                   to slitting
                                   machines.
                                   Materials must be
                                   recovered after
                                   slitting.
------------------------------------------------------------------------
2. a new or existing cleaning     not use cleaning    the owner or
 operation.                        solvents that       operator submits
                                   contain HAP,        a certified
                                   except that         statement in the
                                   styrene may be      notice of
                                   used in closed      compliance status
                                   systems, and        that all cleaning
                                   organic HAP         materials, except
                                   containing          styrene contained
                                   materials may be    in closed
                                   used to clean       systems, or
                                   cured resin from    materials used to
                                   application         clean cured resin
                                   equipment.          from application
                                   Application         equipment,
                                   equipment           contain no HAP.
                                   includes any
                                   equipment that
                                   directly contacts
                                   resin between
                                   storage and
                                   applying resin to
                                   the mold or
                                   reinforcement.
------------------------------------------------------------------------
3. a new or existing materials    keep containers     the owner or
 HAP-containing materials          that store HAP-     operator submits
 storage operation.                containing          a certified
                                   materials closed    statement in the
                                   or covered except   notice of
                                   during the          compliance status
                                   addition or         that all HAP-
                                   removal of          containing
                                   materials. Bulk     storage
                                   HAP-containing      containers are
                                   materials storage   kept closed or
                                   tanks may be        covered except
                                   vented as           when adding or
                                   necessary for       removing
                                   safety.             materials, and
                                                       that any bulk
                                                       storage tanks are
                                                       vented only as
                                                       necessary for
                                                       safety.
------------------------------------------------------------------------

[[Page 1248]]

 
4. an existing or new SMC         close or cover the  the owner or
 manufacturing operation.          resin delivery      operator submits
                                   system to the       a certified
                                   doctor box on       statement in the
                                   each SMC            notice of
                                   manufacturing       compliance status
                                   machine. The        that the resin
                                   doctor box itself   delivery system
                                   may be open.        is closed or
                                                       covered.
------------------------------------------------------------------------
5. an existing or new SMC         use a nylon         the owner or
 manufacturing operation.          containing film     operator submits
                                   to enclose SMC.     a certified
                                                       statement in the
                                                       notice of
                                                       compliance status
                                                       that a nylon-
                                                       containing film
                                                       is used to
                                                       enclose SMC.
------------------------------------------------------------------------
6. an existing or new mixing or   use mixer covers    the owner or
 BMC manufacturing operation.      with no visible     operator submits
                                   gaps present in     a certified
                                   the mixer covers,   statement in the
                                   except that gaps    notice of
                                   of up to 1 inch     compliance status
                                   are permissible     that mixer covers
                                   around mixer        are closed during
                                   shafts and any      mixing except
                                   required            when adding
                                   instrumentation.    materials to the
                                                       mixers, and that
                                                       gaps around mixer
                                                       shafts and
                                                       required
                                                       instrumentation
                                                       are less than 1
                                                       inch.
------------------------------------------------------------------------
7. an existing mixing or BMC      not actively vent   the owner or
 manufacturing operation.          mixers to the       operator submits
                                   atmosphere while    a certified
                                   the mixing          statement in the
                                   agitator is         notice of
                                   turning, except     compliance status
                                   that venting is     that mixers are
                                   allowed during      not actively
                                   addition of         vented to the
                                   materials, or as    atmosphere when
                                   necessary prior     the agitator is
                                   to adding           turning except
                                   materials for       when adding
                                   safety.             materials or as
                                                       necessary for
                                                       safety.
------------------------------------------------------------------------
8. a new or existing mixing or    keep the mixer      the owner or
 BMC manufacturing operation.      covers closed       operator submits
                                   during mixing       a certified
                                   except when         statement in the
                                   adding materials    notice of
                                   to the mixing       compliance status
                                   vessels.            that mixers
                                                       closed except
                                                       when adding
                                                       materials to the
                                                       mixing vessels.
------------------------------------------------------------------------
9. a new or existing pultrusion   i. Not allow vents  the owner or
 operation manufacturing parts     from the building   operator submits
 that meet the following           ventilation         a certified
 criteria: 1,000 or more           system, or local    statement in the
 reinforcements or the glass       or portable fans    notice of
 equivalent of 1,000 ends of 113   to blow directly    compliance status
 yield roving or more; and have    on or across the    that they have
 a cross sectional area of 60      wet-out area(s),    complied with all
 square inches or more that is    ii. not permit       the requirements
 not subject to the 95 percent     point suction of    listed in 9.i
 organic HAP emission reduction    ambient air in      through 9.vii.
 requirement.                      the wet-out
                                   area(s) unless
                                   that air is
                                   directed to a
                                   control device,.
                                  iii. use devices
                                   such as
                                   deflectors,
                                   baffles, and
                                   curtains when
                                   practical to
                                   reduce air flow
                                   velocity across
                                   the wet-out
                                   area(s),.
                                  iv. direct any
                                   compressed air
                                   exhausts away
                                   from resin and
                                   wet-out area(s),.
                                  v. convey resin
                                   collected from
                                   drip-off pans or
                                   other devices to
                                   reservoirs,
                                   tanks, or sumps
                                   via covered
                                   troughs, pipes,
                                   or other covered
                                   conveyance that
                                   shields the resin
                                   from the ambient
                                   air,.
                                  vi. clover all
                                   reservoirs,
                                   tanks, sumps, or
                                   HAP-containing
                                   materials storage
                                   vessels except
                                   when they are
                                   being charged or
                                   filled, and.
                                  vii. cover or
                                   shield from
                                   ambient air resin
                                   delivery systems
                                   to the wet-out
                                   area(s) from
                                   reservoirs,
                                   tanks, or sumps
                                   where practical..
------------------------------------------------------------------------


[70 FR 50135, Aug. 25, 2005]



Sec. Table 10 to Subpart WWWW of Part 63--Data Requirements for New and 
   Existing Continuous Lamination Lines and Continuous Casting Lines 
      Complying With a Percent Reduction Limit on a Per Line Basis

    As required in Sec. 63.5865(a), in order to comply with a percent 
reduction limit for continuous lamination lines and continuous casting 
lines you must determine the data in the following table:

[[Page 1249]]



------------------------------------------------------------------------
For each line where the wet-out                       You must determine
           area . . .             And the oven . . .         . . .
------------------------------------------------------------------------
1. Has an enclosure that is not  a. Is uncontrolled.  i. Annual
 a permanent total enclosure                           uncontrolled wet-
 (PTE) and the captured organic                        out area organic
 HAP emissions are controlled                          HAP emissions,
 by an add-on control device.                         ii. Annual
                                                       controlled wet-
                                                       out area organic
                                                       HAP emissions,
                                                      iii. Annual
                                                       uncontrolled oven
                                                       organic HAP
                                                       emissions,
                                                      iv. The capture
                                                       efficiency of the
                                                       wet-out area
                                                       enclosure,
                                                      v. The destruction
                                                       efficiency of the
                                                       add-on control
                                                       device, and
                                                      vi. The amount of
                                                       neat resin plus
                                                       and neat gel coat
                                                       plus applied.
2. Has an enclosure that is a    a. Is uncontrolled.  i. Annual
 PTE and the captured organic                          uncontrolled wet-
 HAP emissions are controlled                          out area organic
 by an add-on control device.                          HAP emissions,
                                                      ii. Annual
                                                       controlled wet-
                                                       out area organic
                                                       HAP emissions,
                                                      iii. Annual
                                                       uncontrolled oven
                                                       organic HAP
                                                       emissions,
                                                      iv. That the wet-
                                                       out area
                                                       enclosure meets
                                                       the requirements
                                                       of EPA Method 204
                                                       of appendix M to
                                                       40 CFR part 51
                                                       for a PTE,
                                                      v. The destruction
                                                       efficiency of the
                                                       add-on control
                                                       device, and
                                                      vi. The amount of
                                                       neat resin plus
                                                       and neat gel coat
                                                       plus applied.
3. Is uncontrolled.............  a. Is controlled by  i. Annual
                                  an add-on control    uncontrolled wet-
                                  device.              out area organic
                                                       HAP emissions,
                                                      ii. Annual
                                                       uncontrolled oven
                                                       organic HAP
                                                       emissions,
                                                      iii. Annual
                                                       controlled oven
                                                       organic HAP
                                                       emissions,
                                                      iv. The capture
                                                       efficiency of the
                                                       oven,
                                                      v. the destruction
                                                       efficiency of the
                                                       add-on control
                                                       device, and
                                                      vi. the amount of
                                                       neat resin plus
                                                       and neat gel coat
                                                       plus applied.
4. Has an enclosure that is not  a. Is controlled by  i. Annual
 a PTE and the captured organic   an add-on control    uncontrolled wet-
 HAP emissions are controlled     device.              out area organic
 by an add-on control device.                          HAP emissions,
                                                      ii. Annual
                                                       controlled wet-
                                                       out area organic
                                                       HAP emissions,
                                                      iii. Annual
                                                       uncontrolled oven
                                                       organic HAP
                                                       emissions,
                                                      iv. Annual
                                                       controlled oven
                                                       organic HAP
                                                       emissions;
                                                      v. The capture
                                                       efficiency of the
                                                       wet-out area
                                                       enclosure,
                                                      vi. Inlet organic
                                                       HAP emissions to
                                                       the add-on
                                                       control device,
                                                      vii. Outlet
                                                       organic HAP
                                                       emissions from
                                                       the add-on
                                                       control device,
                                                       and
                                                      viii. The amount
                                                       of neat resin
                                                       plus and neat gel
                                                       coat plus
                                                       applied.
5. Has an enclosure that is a    a. Is controlled by  i. That the wet-
 PTE and the captured organic     an add-on control    out area
 HAP emissions are controlled     device.              enclosure meets
 by an add-on control device.                          the requirements
                                                       of EPA Method 204
                                                       of appendix M to
                                                       40 CFR part 51
                                                       for a PTE,
                                                      ii. The capture
                                                       efficiency of the
                                                       oven, and
                                                      iii. The
                                                       destruction
                                                       efficiency of the
                                                       add-on control
                                                       device.
------------------------------------------------------------------------



Sec. Table 11 to Subpart WWWW of Part 63--Data Requirements for New and 
 Existing Continuous Lamination and Continuous Casting Lines Complying 
 With a Percent Reduction Limit or a Lbs/Ton Limit on an Averaging Basis

    As required in Sec. 63.5865, in order to comply with a percent 
reduction limit or a lbs/ton limit on an averaging basis for continuous 
lamination lines and continuous casting lines you must determine the 
data in the following table:

[[Page 1250]]



------------------------------------------------------------------------
                                                      You must determine
         For each . . .               That . . .             . . .
------------------------------------------------------------------------
1. Wet-out area................  Is uncontrolled....  Annual
                                                       uncontrolled wet-
                                                       out area organic
                                                       HAP emissions.
2. Wet-out area................  a. Has an enclosure  i. The capture
                                  that is not a PTE.   efficiency of the
                                                       enclosure, and
                                                      ii. Annual organic
                                                       HAP emissions
                                                       that escape the
                                                       enclosure.
3. Wet-out area................  Has an enclosure     That the enclosure
                                  that is a PTE.       meets the
                                                       requirements of
                                                       EPA Method 204 of
                                                       appendix M to 40
                                                       CFR part 51 for a
                                                       PTE.
4. Oven........................  Is uncontrolled....  Annual
                                                       uncontrolled oven
                                                       organic HAP
                                                       emissions.
5. Line........................  a. Is controlled or  i. The amount of
                                  uncontrolled.        neat resin plus
                                                       applied, and
                                                      ii. The amount of
                                                       neat gel coat
                                                       plus applied.
6. Add-on control device.......  ...................  i. Total annual
                                                       inlet organic HAP
                                                       emissions, and
                                                       total annual
                                                       outlet organic
                                                       HAP emissions.
------------------------------------------------------------------------



Sec. Table 12 to Subpart WWWW of Part 63--Data Requirements for New and 
   Existing Continuous Lamination Lines and Continuous Casting Lines 
Complying With a Lbs/Ton Organic HAP Emissions Limit on a Per Line Basis

    As required in Sec. 63.5865(b), in order to comply with a lbs/ton 
organic HAP emissions limit for continuous lamination lines and 
continuous casting lines you must determine the data in the following 
table:

------------------------------------------------------------------------
  For each line where the wet-                        You must determine
         out area . . .           And the oven . . .         . . .
------------------------------------------------------------------------
1. Is uncontrolled.............  a. Is uncontrolled.  i. Annual
                                                       uncontrolled wet-
                                                       out area organic
                                                       HAP emissions,
                                                      ii. Annual
                                                       uncontrolled oven
                                                       organic HAP
                                                       emissions, and
                                                      iii. Annual neat
                                                       resin plus and
                                                       neat gel coat
                                                       plus applied.
2. Has an enclosure that is not  a. Is uncontrolled.  i. Annual
 a PTE and the captured organic                        uncontrolled wet-
 HAP emissions are controlled                          out area organic
 by an add-on control device.                          HAP emissions,
                                                      ii. Annual
                                                       controlled wet-
                                                       out area organic
                                                       HAP emissions,
                                                      iii. Annual
                                                       uncontrolled oven
                                                       organic HAP
                                                       emissions,
                                                      iv. The capture
                                                       efficiency of the
                                                       wet-out area
                                                       enclosure,
                                                      v. The destruction
                                                       efficiency of the
                                                       add-on control
                                                       device, and
                                                      vi. The amount of
                                                       neat resin plus
                                                       and neat gel coat
                                                       plus applied.
3. Has an enclosure that is a    a. Is uncontrolled.  i. Annual
 PTE, and the captured organic                         uncontrolled wet-
 HAP emissions are controlled                          out area organic
 by an add-on control device.                          HAP emissions,
                                                      ii. Annual
                                                       controlled wet-
                                                       out area organic
                                                       HAP emissions,
                                                      iii. Annual
                                                       uncontrolled oven
                                                       organic HAP
                                                       emissions,
                                                      iv. That the wet-
                                                       out area
                                                       enclosure meets
                                                       the requirements
                                                       of EPA Method 204
                                                       of appendix M to
                                                       40 CFR part 51
                                                       for a PTE,
                                                      v. The destruction
                                                       efficiency of the
                                                       add-on control
                                                       device, and
                                                      vi. The amount of
                                                       neat resin plus
                                                       and neat gel coat
                                                       plus applied.
4. Is uncontrolled.............  a. Is controlled by  i. Annual
                                  an add-on control    uncontrolled wet-
                                  device.              out area organic
                                                       HAP emissions,
                                                      ii. Annual
                                                       uncontrolled oven
                                                       organic HAP
                                                       emissions,
                                                      iii. Annual
                                                       controlled oven
                                                       organic HAP
                                                       emissions,

[[Page 1251]]

 
                                                      iv. The capture
                                                       efficiency of the
                                                       oven,
                                                      v. The destruction
                                                       efficiency of the
                                                       add-on control
                                                       device, and
                                                      vi. The amount of
                                                       neat resin plus
                                                       and neat gel coat
                                                       plus applied.
5. Has an enclosure that is not  a. Is controlled by  i. Annual
 a PTE and the captured organic   an add-on control    uncontrolled wet-
 HAP emissions are controlled     device.              out area organic
 by an add-on control device.                          HAP emissions,
                                                      ii. Annual
                                                       controlled wet-
                                                       out area organic
                                                       HAP emissions,
                                                      iii. Annual
                                                       uncontrolled oven
                                                       organic HAP
                                                       emissions,
                                                      iv. Annual
                                                       controlled oven
                                                       organic HAP
                                                       emissions,
                                                      v. The capture
                                                       efficiency of the
                                                       wet-out area
                                                       enclosure,
                                                      vi. The capture
                                                       efficiency of the
                                                       oven,
                                                      vii. The
                                                       destruction
                                                       efficiency of the
                                                       add-on control
                                                       device, and
                                                      viii. The amount
                                                       of neat resin
                                                       plus and neat gel
                                                       coat plus
                                                       applied.
6. Has an enclosure that is a    a. Is controlled by  i. That the wet-
 PTE, and the captured organic    an add-on control    out area
 HAP emissions are controlled     device.              enclosure meets
 by add-on control device.                             the requirements
                                                       of EPA Method 204
                                                       of appendix M to
                                                       40 CFR part 51
                                                       for a PTE,
                                                      ii. The capture
                                                       efficiency of the
                                                       oven,
                                                      iii. Inlet organic
                                                       HAP emissions to
                                                       the an add-on
                                                       control device,
                                                       and
                                                      iv. Outlet organic
                                                       HAP emissions
                                                       from the add-on
                                                       control device.
------------------------------------------------------------------------



 Sec. Table 13 to Subpart WWWW of Part 63--Applicability and Timing of 
                              Notifications

    As required in Sec. 63.5905(a), you must determine the applicable 
notifications and submit them by the dates shown in the following table:

------------------------------------------------------------------------
                                 You must submit . .  By this date . . .
     If your facility . . .               .
------------------------------------------------------------------------
1. Is an existing source         An Initial           No later than the
 subject to this subpart.         Notification         dates specified
                                  containing the       in Sec.
                                  information          63.9(b)(2).
                                  specified in Sec.
                                   63.9(b)(2).
2. Is a new source subject to    The notifications    No later than the
 this subpart.                    specified in Sec. dates specified
                                   63.9(b)(4) and      Sec. 63.9(b)(4)
                                  (5).                 and (5).
3. Qualifies for a compliance    A request for a      No later than the
 extension as specified in Sec. compliance           dates specified
   63.9(c).                       extension as         in Sec.
                                  specified in Sec. 63.6(i).
                                   63.9(c).
4. Is complying with organic     A Notification of    No later than 1
 HAP emissions limit averaging    Compliance Status    year plus 30 days
 provisions.                      as specified in      after your
                                  Sec. 63.9(h).      facility's
                                                       compliance date.
5. Is complying with organic     A Notification of    No later than 30
 HAP content limits,              Compliance Status    calendar days
 application equipment            as specified in      after your
 requirements, or organic HAP     Sec. 63.9(h).      facility's
 emissions limit other than                            compliance date.
 organic HAP emissions limit
 averaging.
6. Is complying by using an add- a. A notification    No later than the
 on control device.               of intent to         date specified in
                                  conduct a            Sec. 63.9(e).
                                  performance test
                                  as specified in
                                  Sec. 63.9(e).
                                 b. A notification    The date of
                                  of the date for      submission of
                                  the CMS              notification of
                                  performance          intent to conduct
                                  evaluation as        a performance
                                  specified in Sec. test.
                                   63.9(g).
                                 c. A Notification    No later than 60
                                  of Compliance        calendar days
                                  Status as            after the
                                  specified in Sec. completion of the
                                   63.9(h).            add-on control
                                                       device
                                                       performance test
                                                       and CMS
                                                       performance
                                                       evaluation.
------------------------------------------------------------------------



   Sec. Table 14 to Subpart WWWW of Part 63--Requirements for Reports

    As required in Sec. 63.5910(a), (b), (g), and (h), you must submit 
reports on the schedule shown in the following table:

[[Page 1252]]



------------------------------------------------------------------------
                                    The report must      You must submit
     You must submit a(n)            contain . . .      the report . . .
------------------------------------------------------------------------
1. Compliance report..........  a. A statement that     Semiannually
                                 there were no           according to
                                 deviations during       the
                                 that reporting period   requirements in
                                 if there were no        Sec.
                                 deviations from any     63.5910(b).
                                 emission limitations
                                 (emission limit,
                                 operating limit,
                                 opacity limit, and
                                 visible emission
                                 limit) that apply to
                                 you and there were no
                                 deviations from the
                                 requirements for work
                                 practice standards in
                                 Table 4 to this
                                 subpart that apply to
                                 you. If there were no
                                 periods during which
                                 the CMS, including
                                 CEMS, and operating
                                 parameter monitoring
                                 systems, was out of
                                 control as specified
                                 in Sec. 63.8(c)(7),
                                 the report must also
                                 contain a statement
                                 that there were no
                                 periods during which
                                 the CMS was out of
                                 control during the
                                 reporting period.
                                b. The information in   Semiannually
                                 Sec. 63.5910(d) if    according to
                                 you have a deviation    the
                                 from any emission       requirements in
                                 limitation (emission    Sec.
                                 limit, operating        63.5910(b).
                                 limit, or work
                                 practice standard)
                                 during the reporting
                                 period. If there were
                                 periods during which
                                 the CMS, including
                                 CEMS, and operating
                                 parameter monitoring
                                 systems, was out of
                                 control, as specified
                                 in Sec. 63.8(c)(7),
                                 the report must
                                 contain the
                                 information in Sec.
                                 63.5910(e).
------------------------------------------------------------------------


[85 FR 15978, Mar. 20, 2020]



   Sec. Table 15 to Subpart WWWW of Part 63--Applicability of General 
            Provisions (Subpart A) to Subpart WWWW of Part 63

    As specified in Sec. 63.5925, the parts of the General Provisions 
which apply to you are shown in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                              Subject to the
 The general provisions reference . .    That addresses . . .    And applies to subpart    following additional
                  .                                              WWWW of part 63 . . .      information . . .
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)....................  General applicability    Yes....................  Additional terms
                                        of the general                                    defined in subpart
                                        provisions.                                       WWWW of part 63, when
                                                                                          overlap between
                                                                                          subparts A and WWWW of
                                                                                          this part, subpart
                                                                                          WWWW of part 63 takes
                                                                                          precedence.
Sec. 63.1(a)(2) through (4)........  General applicability    Yes
                                        of the general
                                        provisions.
Sec. 63.1(a)(5)....................  Reserved...............  No
Sec. 63.1(a)(6)....................  General applicability    Yes
                                        of the general
                                        provisions.
Sec. 63.1(a)(7) through (9)........  Reserved...............  No
Sec. 63.1(a)(10) through (14)......  General applicability    Yes
                                        of the general
                                        provisions.
Sec. 63.1(b)(1)....................  Initial applicability    Yes....................  Subpart WWWW of part 63
                                        determination.                                    clarifies the
                                                                                          applicability in Sec.
                                                                                          Sec. 63.5780 and
                                                                                          63.5785.
Sec. 63.1(b)(2)....................  Reserved...............  No
Sec. 63.1(b)(3)....................  Record of the            Yes
                                        applicability
                                        determination.
Sec. 63.1(c)(1)....................  Applicability of this    Yes....................  Subpart WWWW of part 63
                                        part after a relevant                             clarifies the
                                        standard has been set                             applicability of each
                                        under this part.                                  paragraph of subpart A
                                                                                          to sources subject to
                                                                                          subpart WWWW of part
                                                                                          63.
Sec. 63.1(c)(2)....................  Title V operating        Yes....................  All major affected
                                        permit requirement.                               sources are required
                                                                                          to obtain a title V
                                                                                          operating permit. Area
                                                                                          sources are not
                                                                                          subject to subpart
                                                                                          WWWW of part 63.
Sec. 63.1(c)(3) and (4)............  Reserved...............  No
Sec. 63.1(c)(5)....................  Notification             Yes
                                        requirements for an
                                        area source that
                                        increases HAP
                                        emissions to major
                                        source levels.
Sec. 63.1(c)(6)....................  Reclassification.......  Yes....................
Sec. 63.1(d).......................  Reserved...............  No
Sec. 63.1(e).......................  Applicability of permit  Yes
                                        program before a
                                        relevant standard has
                                        been set under this
                                        part.

[[Page 1253]]

 
Sec. 63.2..........................  Definitions............  Yes....................  Subpart WWWW of part 63
                                                                                          defines terms in Sec.
                                                                                           63.5935. When overlap
                                                                                          between subparts A and
                                                                                          WWWW of part 63
                                                                                          occurs, you must
                                                                                          comply with the
                                                                                          subpart WWWW of part
                                                                                          63 definitions, which
                                                                                          take precedence over
                                                                                          the subpart A
                                                                                          definitions.
Sec. 63.3..........................  Units and abbreviations  Yes....................  Other units and
                                                                                          abbreviations used in
                                                                                          subpart WWWW of part
                                                                                          63 are defined in
                                                                                          subpart WWWW of part
                                                                                          63.
Sec. 63.4..........................  Prohibited activities    Yes....................  Sec. 63.4(a)(3)
                                        and circumvention.                                through (5) is
                                                                                          reserved and does not
                                                                                          apply.
Sec. 63.5(a)(1) and (2)............  Applicability of         Yes....................  Existing facilities do
                                        construction and                                  not become
                                        reconstruction.                                   reconstructed under
                                                                                          subpart WWWW of part
                                                                                          63.
Sec. 63.5(b)(1)....................  Relevant standards for   Yes....................  Existing facilities do
                                        new sources upon                                  not become
                                        construction.                                     reconstructed under
                                                                                          subpart WWWW of part
                                                                                          63.
Sec. 63.5(b)(2)....................  Reserved...............  No
Sec. 63.5(b)(3)....................  New construction/        Yes....................  Existing facilities do
                                        reconstruction.                                   not become
                                                                                          reconstructed under
                                                                                          subpart WWWW of part
                                                                                          63.
Sec. 63.5(b)(4)....................  Construction/            Yes....................  Existing facilities do
                                        reconstruction                                    not become
                                        notification.                                     reconstructed under
                                                                                          subpart WWWW of part
                                                                                          63.
Sec. 63.5(b)(5)....................  Reserved...............  No
Sec. 63.5(b)(6)....................  Equipment addition or    Yes....................  Existing facilities do
                                        process change.                                   not become
                                                                                          reconstructed under
                                                                                          subpart WWWW of part
                                                                                          63.
Sec. 63.5(c).......................  Reserved...............  No
Sec. 63.5(d)(1)....................  General application for  Yes....................  Existing facilities do
                                        approval of                                       not become
                                        construction or                                   reconstructed under
                                        reconstruction.                                   subpart WWWW of part
                                                                                          63.
Sec. 63.5(d)(2)....................  Application for          Yes
                                        approval of
                                        construction.
Sec. 63.5(d)(3)....................  Application for          No
                                        approval of
                                        reconstruction.
Sec. 63.5(d)(4)....................  Additional information.  Yes
Sec. 63.5(e)(1) through (5)........  Approval of              Yes
                                        construction or
                                        reconstruction.
Sec. 63.5(f)(1) and (2)............  Approval of              Yes
                                        construction or
                                        reconstruction based
                                        on prior State
                                        preconstruction review.
Sec. 63.6(a)(1)....................  Applicability of         Yes
                                        compliance with
                                        standards and
                                        maintenance
                                        requirements.
Sec. 63.6(a)(2)....................  Applicability of area    Yes
                                        sources that increase
                                        HAP emissions to
                                        become major sources.
Sec. 63.6(b)(1) through (5)........  Compliance dates for     Yes....................  Subpart WWWW of part 63
                                        new and reconstructed                             clarifies compliance
                                        sources.                                          dates in Sec.
                                                                                          63.5800.
Sec. 63.6(b)(6)....................  Reserved...............  No
Sec. 63.6(b)(7)....................  Compliance dates for     Yes....................  New operations at an
                                        new operations or                                 existing facility are
                                        equipment that cause                              not subject to new
                                        an area source to                                 source standards.
                                        become a major source.
Sec. 63.6(c)(1) and (2)............  Compliance dates for     Yes....................  Subpart WWWW of part 63
                                        existing sources.                                 clarifies compliance
                                                                                          dates in Sec.
                                                                                          63.5800.
Sec. 63.6(c)(3) and (4)............  Reserved...............  No
Sec. 63.6(c)(5)....................  Compliance dates for     Yes....................  Subpart WWWW of part 63
                                        existing area sources                             clarifies compliance
                                        that become major.                                dates in Sec.
                                                                                          63.5800.
Sec. 63.6(d).......................  Reserved...............  No
Sec. 63.6(e)(1)....................  Operation and            Yes....................  Except portions of Sec.
                                        maintenance                                         63.6(e)(1)(i) and
                                        requirements.                                     (ii) specific to
                                                                                          conditions during
                                                                                          startup, shutdown, or
                                                                                          malfunction.
Sec. 63.6(e)(3)....................  SSM plan and             No
                                        recordkeeping.
Sec. 63.6(f)(1)....................  Compliance except        No.....................  Subpart WWWW of part 63
                                        during periods of                                 requires compliance at
                                        startup, shutdown, and                            all times.
                                        malfunction.
Sec. 63.6(f)(2) and (3)............  Methods for determining  Yes
                                        compliance.

[[Page 1254]]

 
Sec. 63.6(g)(1) through (3)........  Alternative standard...  Yes
Sec. 63.6(h).......................  Opacity and visible      No.....................  Subpart WWWW of part 63
                                        emission Standards.                               does not contain
                                                                                          opacity or visible
                                                                                          emission standards.
Sec. 63.6(i)(1) through (14).......  Compliance extensions..  Yes
Sec. 63.6(i)(15)...................  Reserved...............  No
Sec. 63.6(i)(16)...................  Compliance extensions..  Yes
Sec. 63.6(j).......................  Presidential compliance  Yes
                                        exemption.
Sec. 63.7(a)(1)....................  Applicability of         Yes
                                        performance testing
                                        requirements.
Sec. 63.7(a)(2)....................  Performance test dates.  No.....................  Subpart WWWW of part 63
                                                                                          initial compliance
                                                                                          requirements are in
                                                                                          Sec. 63.5840.
Sec. 63.7(a)(3)....................  CAA Section 114          Yes
                                        authority.
Sec. 63.7(b)(1)....................  Notification of          Yes
                                        performance test.
Sec. 63.7(b)(2)....................  Notification             Yes
                                        rescheduled
                                        performance test.
Sec. 63.7(c).......................  Quality assurance        Yes....................  Except that the test
                                        program, including                                plan must be submitted
                                        test plan.                                        with the notification
                                                                                          of the performance
                                                                                          test.
Sec. 63.7(d).......................  Performance testing      Yes
                                        facilities.
Sec. 63.7(e).......................  Conditions for           Yes....................  Performance test
                                        conducting performance                            requirements are
                                        tests.                                            contained in Sec.
                                                                                          63.5850. Additional
                                                                                          requirements for
                                                                                          conducting performance
                                                                                          tests for continuous
                                                                                          lamination/casting are
                                                                                          included in Sec.
                                                                                          63.5870.
                                                                                         Conditions specific to
                                                                                          operations during
                                                                                          periods of startup,
                                                                                          shutdown, and
                                                                                          malfunction in Sec.
                                                                                          63.7(e)(1) do not
                                                                                          apply.
Sec. 63.7(f).......................  Use of alternative test  Yes
                                        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) and (2)............  Applicability of         Yes
                                        monitoring
                                        requirements.
Sec. 63.8(a)(3)....................  Reserved...............  No
Sec. 63.8(a)(4)....................  Monitoring requirements  Yes
                                        when using flares.
Sec. 63.8(b)(1)....................  Conduct of monitoring    Yes
                                        exceptions.
Sec. 63.8(b)(2) and (3)............  Multiple effluents and   Yes
                                        multiple monitoring
                                        systems.
Sec. 63.8(c)(1)....................  Compliance with CMS      Yes....................  This section applies if
                                        operation and                                     you elect to use a CMS
                                        maintenance                                       to demonstrate
                                        requirements.                                     continuous compliance
                                                                                          with an emission
                                                                                          limit.
                                                                                         Except references to
                                                                                          SSM plans in Sec.
                                                                                          63.8(c)(1)(i) and
                                                                                          (iii).
Sec. 63.8(c)(2) and (3)............  Monitoring system        Yes....................  This section applies if
                                        installation.                                     you elect to use a CMS
                                                                                          to demonstrate
                                                                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.8(c)(4)....................  CMS requirements.......  Yes....................  This section applies if
                                                                                          you elect to use a CMS
                                                                                          to demonstrate
                                                                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.8(c)(5)....................  Continuous Opacity       No.....................  Subpart WWWW of part 63
                                        Monitoring System                                 does not contain
                                        (COMS) minimum                                    opacity standards.
                                        procedures.
Sec. 63.8(c)(6) through (8)........  CMS calibration and      Yes....................  This section applies if
                                        periods CMS is out of                             you elect to use a CMS
                                        control.                                          to demonstrate
                                                                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.8(d)(1)-(2)................  CMS quality control      Yes....................  This section applies if
                                        program, including                                you elect to use a CMS
                                        test plan and all                                 to demonstrate
                                        previous versions.                                continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.8(d)(3)....................  CMS quality control      Yes....................  Except references to
                                        program, including                                SSM plans in Sec.
                                        test plan and all                                 63.8(d)(3).
                                        previous versions.

[[Page 1255]]

 
Sec. 63.8(e)(1)....................  Performance evaluation   Yes....................  This section applies if
                                        of CMS.                                           you elect to use a CMS
                                                                                          to demonstrate
                                                                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.8(e)(2)....................  Notification of          Yes....................  This section applies if
                                        performance evaluation.                           you elect to use a CMS
                                                                                          to demonstrate
                                                                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.8(e)(3) and (4)............  CMS requirements/        Yes....................  This section applies if
                                        alternatives.                                     you elect to use a CMS
                                                                                          to demonstrate
                                                                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.8(e)(5)(i).................  Reporting performance    Yes....................  This section applies if
                                        evaluation results.                               you elect to use a CMS
                                                                                          to demonstrate
                                                                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.8(e)(5)(ii)................  Results of COMS          No.....................  Subpart WWWW of part 63
                                        performance evaluation.                           does not contain
                                                                                          opacity standards.
Sec. 63.8(f)(1) through (3)........  Use of an alternative    Yes
                                        monitoring method.
Sec. 63.8(f)(4)....................  Request to use an        Yes
                                        alternative monitoring
                                        method.
Sec. 63.8(f)(5)....................  Approval of request to   Yes
                                        use an alternative
                                        monitoring method.
Sec. 63.8(f)(6)....................  Request for alternative  Yes....................  This section applies if
                                        to relative accuracy                              you elect to use a CMS
                                        test and associated                               to demonstrate
                                        records.                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.8(g)(1) through (5)........  Data reduction.........  Yes
Sec. 63.9(a)(1) through (4)........  Notification             Yes
                                        requirements and
                                        general information.
Sec. 63.9(b)(1)....................  Initial notification     Yes
                                        applicability.
Sec. 63.9(b)(2)....................  Notification for         Yes
                                        affected source with
                                        initial startup before
                                        effective date of
                                        standard.
Sec. 63.9(b)(3)....................  Reserved...............  No
Sec. 63.9(b)(4)(i).................  Notification for a new   Yes
                                        or reconstructed major
                                        affected source with
                                        initial startup after
                                        effective date for
                                        which an application
                                        for approval of
                                        construction or
                                        reconstruction is
                                        required.
Sec. 63.9(b)(4)(ii) through (iv)...  Reserved...............  No
Sec. 63.9(b)(4)(v).................  Notification for a new   Yes....................  Existing facilities do
                                        or reconstructed major                            not become
                                        affected source with                              reconstructed under
                                        initial startup after                             subpart WWWW of part
                                        effective date for                                63.
                                        which an application
                                        for approval of
                                        construction or
                                        reconstruction is
                                        required.
Sec. 63.9(b)(5)....................  Notification that you    Yes....................  Existing facilities do
                                        are subject to this                               not become
                                        subpart for new or                                reconstructed under
                                        reconstructed affected                            subpart WWWW of part
                                        source with initial                               63.
                                        startup after
                                        effective date and for
                                        which an application
                                        for approval of
                                        construction or
                                        reconstruction is not
                                        required.
Sec. 63.9(c).......................  Request for compliance   Yes
                                        extension.
Sec. 63.9(d).......................  Notification of special  Yes
                                        compliance
                                        requirements for new
                                        source.
Sec. 63.9(e).......................  Notification of          Yes
                                        performance test.
Sec. 63.9(f).......................  Notification of opacity  No.....................  Subpart WWWW of part 63
                                        and visible emissions                             does not contain
                                        observations.                                     opacity or visible
                                                                                          emission standards.
Sec. 63.9(g)(1)....................  Additional notification  Yes....................  This section applies if
                                        requirements for                                  you elect to use a CMS
                                        sources using CMS.                                to demonstrate
                                                                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.9(g)(2)....................  Notification of          No.....................  Subpart WWWW of part 63
                                        compliance with                                   does not contain
                                        opacity emission                                  opacity emission
                                        standard.                                         standards.

[[Page 1256]]

 
Sec. 63.9(g)(3)....................  Notification that        Yes....................  This section applies if
                                        criterion to continue                             you elect to use a CMS
                                        use of alternative to                             to demonstrate
                                        relative accuracy                                 continuous compliance
                                        testing has been                                  with an emission
                                        exceeded.                                         limit.
Sec. 63.9(h)(1) through (3)........  Notification of          Yes
                                        compliance status.
Sec. 63.9(h)(4)....................  Reserved...............  No
Sec. 63.9(h)(5) and (6)............  Notification of          Yes
                                        compliance status.
Sec. 63.9(i).......................  Adjustment of submittal  Yes
                                        deadlines.
Sec. 63.9(j).......................  Change in information    Yes
                                        provided.
Sec. 63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec. 63.9(j).
Sec. 63.10(a)......................  Applicability of         Yes
                                        recordkeeping and
                                        reporting.
Sec. 63.10(b)(1)...................  Records retention......  Yes
Sec. 63.10(b)(2)(i) through (v)....  Records related to       No
                                        startup, shutdown, and
                                        malfunction.
Sec. 63.10(b)(2)(vi) through (xi)..  CMS records, data on     Yes
                                        performance tests, CMS
                                        performance
                                        evaluations,
                                        measurements necessary
                                        to determine
                                        conditions of
                                        performance tests, and
                                        performance
                                        evaluations.
Sec. 63.10(b)(2)(xii)..............  Record of waiver of      Yes
                                        recordkeeping and
                                        reporting.
Sec. 63.10(b)(2)(xiii).............  Record for alternative   Yes
                                        to the relative
                                        accuracy test.
Sec. 63.10(b)(2)(xiv)..............  Records supporting       Yes
                                        initial notification
                                        and notification of
                                        compliance status.
Sec. 63.10(b)(3)...................  Records for              Yes
                                        applicability
                                        determinations.
Sec. 63.10(c)(1)...................  CMS records............  Yes....................  This section applies if
                                                                                          you elect to use a CMS
                                                                                          to demonstrate
                                                                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.10(c)(2) through (4).......  Reserved...............  No
Sec. 63.10(c)(5) through (8).......  CMS records............  Yes....................  This section applies if
                                                                                          you elect to use a CMS
                                                                                          to demonstrate
                                                                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.10(c)(9)...................  Reserved...............  No
Sec. 63.10(c)(10) through (14).....  CMS records............  Yes....................  This section applies if
                                                                                          you elect to use a CMS
                                                                                          to demonstrate
                                                                                          continuous compliance
                                                                                          with an emission
                                                                                          limit.
Sec. 63.10(c)(15)..................  CMS records............  No
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 results of     No.....................  Subpart WWWW of part 63
                                        opacity or visible                                does not contain
                                        emission observations.                            opacity or visible
                                                                                          emission standards.
Sec. 63.10(d)(4)...................  Progress reports as      Yes
                                        part of extension of
                                        compliance.
Sec. 63.10(d)(5)...................  Startup, shutdown, and   No
                                        malfunction reports.
Sec. 63.10(e)(1) through (3).......  Additional reporting     Yes....................  This section applies if
                                        requirements for CMS.                             you have an add-on
                                                                                          control device and
                                                                                          elect to use a CEM to
                                                                                          demonstrate continuous
                                                                                          compliance with an
                                                                                          emission limit.
Sec. 63.10(e)(4)...................  Reporting COMS data....  No.....................  Subpart WWWW of part 63
                                                                                          does not contain
                                                                                          opacity standards.
Sec. 63.10(f)......................  Waiver for               Yes
                                        recordkeeping or
                                        reporting.
Sec. 63.11.........................  Control device           Yes....................  Only applies if you
                                        requirements.                                     elect to use a flare
                                                                                          as a control device.
Sec. 63.12.........................  State authority and      Yes
                                        delegations.
Sec. 63.13.........................  Addresses of state air   Yes
                                        pollution control
                                        agencies and EPA
                                        Regional offices.
Sec. 63.14.........................  Incorporations by        Yes
                                        reference.
Sec. 63.15.........................  Availability of          Yes                      .......................
                                        information and
                                        confidentiality.
----------------------------------------------------------------------------------------------------------------


[[Page 1257]]


[85 FR 15979, Mar. 20, 2020, as amended at 85 FR 73911, Nov. 19, 2020]



Sec. Appendix A to Subpart WWWW of Part 63--Test Method for Determining 
                     Vapor Suppressant Effectiveness

                        1. Scope and Application

    1.1 Applicability. If a facility is using vapor suppressants to 
reduce hazardous air pollutant (HAP) emissions, the organic HAP emission 
factor equations in Table 1 to this subpart require that the vapor 
suppressant effectiveness factor be determined. The vapor suppressant 
effectiveness factor is then used as one of the inputs into the 
appropriate organic HAP emission factor equation. The vapor suppressant 
effectiveness factor test is not intended to quantify overall volatile 
emissions from a resin, nor to be used as a stand-alone test for 
emissions determination. This test is designed to evaluate the 
performance of film forming vapor suppressant resin additives. The 
results of this test are used only in combination with the organic HAP 
emissions factor equations in Table 1 to this subpart to generate 
emission factors.
    1.1.1 The open molding process consists of application of resin and 
reinforcements to the mold surface, followed by a manual rollout process 
to consolidate the laminate, and the curing stage where the laminate 
surface is not disturbed. Emission studies have shown that approximately 
50 percent to 55 percent of the emissions occur while the resin is being 
applied to the mold. Vapor suppressants have little effect during this 
portion of the lamination process, but can have a significant effect 
during the curing stage. Therefore, if a suppressant is 100 percent 
effective, the overall emissions from the process would be reduced by 45 
percent to 50 percent, representing the emissions generated during the 
curing stage. In actual practice, vapor suppressant effectiveness will 
be less than 100 percent and the test results determine the specific 
effectiveness in terms of the vapor suppressant effectiveness factor. 
This factor represents the effectiveness of a specific combination of 
suppressant additive and resin formulation.
    1.1.2 A resin manufacturer may supply a molder with a vapor-
suppressed resin, and employ this test to provide the molder with the 
vapor suppressant effectiveness factor for that combination of resin and 
vapor suppressant. The factor qualifies the effectiveness of the vapor 
suppressant when the resin is tested in the specific formulation 
supplied to the molder. The addition of fillers or other diluents by the 
molder may impact the effectiveness of the vapor suppressant. The 
formulation, including resin/glass ratio and filler content, used in the 
test should be similar to the formulation to be used in production. The 
premise of this method is to compare laminate samples made with vapor 
suppressant additive and made without the additive. The difference in 
emissions between the two yields the vapor suppressant effectiveness 
factor.
    1.1.3 The method uses a mass balance determination to establish the 
relative loss of the volatile component from unsaturated polyester or 
vinyl ester resins, with and without vapor suppressant additives. The 
effectiveness of a specific vapor suppressant and resin mixture is 
determined by comparing the relative volatile weight losses from vapor 
suppressed and non-suppressed resins. The volatile species are not 
separately analyzed. While the species contained in the volatile 
component are not determined, an extended listing of potential monomer 
that may be contained in unsaturated polyester or vinyl ester resins is 
provided in Table 1.1. However, most polyester and vinyl ester resin 
formulations presently used by the composites industry only contain 
styrene monomer.

Table 1.1--List of Monomers Potentially Present in Unsaturated Polyester/
                           Vinyl Ester Resins
------------------------------------------------------------------------
                 Monomer                              CAS No.
------------------------------------------------------------------------
Styrene.................................  100-42-5.
Vinyl toluene...........................  25013-15-4.
Methyl methacrylate.....................  80-62-6.
Alpha methyl styrene....................  98-83-9.
Para methyl styrene.....................  Vinyl toluene isomer.
Chlorostyrene...........................  1331-28-8.
Diallyl phthalate.......................  131-17-9.
Other volatile monomers.................  Various.
------------------------------------------------------------------------

                          2. Summary of Method

    2.1 Differences in specific resin and suppressant additive chemistry 
affect the performance of a vapor suppressant. The purpose of this 
method is to quantify the effectiveness of a specific combination of 
vapor suppressant and unsaturated polyester or vinyl ester resin as they 
are to be used in production. This comparative test quantifies the loss 
of volatiles from a fiberglass reinforced laminate during the roll-out 
and curing emission phases, for resins formulated with and without a 
suppressant additive. A criterion for this method is the testing of a 
non-vapor suppressed resin system and testing the same resin with a 
vapor suppressant. The two resins are as identical as possible with the 
exception of the addition of the suppressant to one. The exact 
formulation used for the test will be determined by the in-use 
production requirements. Each formulation

[[Page 1258]]

of resin, glass, fillers, and additives is developed to meet particular 
customer and or performance specifications.
    2.2 The result of this test is used as an input factor in the 
organic HAP emissions factor equations in Table 1 to this subpart, which 
allows these equations to predict emissions from a specific combination 
of resin and suppressant. This test does not provide an emission rate 
for the entire lamination process.

                       3. Definitions and Acronyms

    3.1 Definitions
    3.1.1 Vapor suppressant. An additive that inhibits the evaporation 
of volatile components in unsaturated polyester or vinyl ester resins.
    3.1.2 Unsaturated polyester resin. A thermosetting resin commonly 
used in composites molding.
    3.1.3 Unsaturated vinyl ester resin. A thermosetting resin used in 
composites molding for corrosion resistant and high performance 
applications.
    3.1.4 Laminate. A combination of fiber reinforcement and a thermoset 
resin.
    3.1.5 Chopped strand mat. Glass fiber reinforcement with random 
fiber orientation.
    3.1.6 Initiator. A curing agent added to an unsaturated polyester or 
vinyl ester resin.
    3.1.7 Resin application roller. A tool used to saturate and compact 
a wet laminate.
    3.1.8 Gel time. The time from the addition of initiator to a resin 
to the state of resin gelation.
    3.1.9 Filled resin system. A resin, which includes the addition of 
inert organic or inorganic materials to modify the resin properties, 
extend the volume and to lower the cost. Fillers include, but are not 
limited to; mineral particulates; microspheres; or organic particulates. 
This test is not intended to be used to determine the vapor suppressant 
effectiveness of a filler.
    3.1.10 Material safety data sheet. Data supplied by the manufacturer 
of a chemical product, listing hazardous chemical components, safety 
precautions, and required personal protection equipment for a specific 
product.
    3.1.11 Tare(ed). Reset a balance to zero after a container or object 
is placed on the balance; that is to subtract the weight of a container 
or object from the balance reading so as to weigh only the material 
placed in the container or on the object.
    3.1.12 Percent glass. The specified glass fiber weight content in a 
laminate. It is usually determined by engineering requirements for the 
laminate.
    3.2 Acronyms:
    3.2.1 VS--vapor suppressed or vapor suppressant.
    3.2.2 NVS--non-vapor suppressed.
    3.2.3 VSE--vapor suppressant effectiveness.
    3.2.4 VSE Factor--vapor suppressant effectiveness, factor used in 
the equations in Table 1 to this subpart.
    3.2.5 CSM--chopped strand mat.
    3.2.6 MSDS--material safety data sheet.

                            4. Interferences

    There are no identified interferences which affect the results of 
this test.

                                5. Safety

    Standard laboratory safety procedures should be used when conducting 
this test. Refer to specific MSDS for handling precautions.

                        6. Equipment and Supplies

    Note: Mention of trade names or specific products or suppliers does 
not constitute an endorsement by the Environmental Protection Agency.

    6.1 Required Equipment.
    6.1.1 Balance enclosure.\1\
    6.1.2 Two (2) laboratory balances--accurate to 0.01g.\2\
    6.1.3 Stop watch or balance data recording output to data logger 
with accuracy 1 second.\3\
    6.1.4 Thermometer--accurate to 2.0 
[deg]F(1.0 [deg]C).\4\
    6.1.5 A lipped pan large enough to hold the cut glass without coming 
into contact with the vertical sides, e.g. a pizza pan.\5\
    6.1.6 Mylar film sufficient to cover the bottom of the pan.\6\
    6.1.7 Tape to keep the Mylar from shifting in the bottom of the 
pan.\7\
    6.1.8 Plastic tri-corner beakers of equivalent--250 ml to 400 ml 
capacity.\8\
    6.1.9 Eye dropper or pipette.\9\
    6.1.10 Disposable resin application roller, \3/16\-\3/
4\ diameter x 3-6 roller length.\10\
    6.1.11 Hygrometer or psychrometer \11\ accurate to 5 percent
    6.1.12 Insulating board, (Teflon, cardboard, foam board etc.) to 
prevent the balance from becoming a heat sink.\12\
    6.2 Optional Equipment.
    6.2.1 Laboratory balance--accurate to .01g 
with digital output, such as an RS-232 bi-directional interface \13\ for 
use with automatic data recording devices.
    6.2.2 Computer with recording software configured to link to balance 
digital output. Must be programmed to record data at the minimum 
intervals required for manual data acquisition.
    6.3 Supplies.
    6.3.1 Chopped strand mat--1.5 oz/ft.\2\ \14\

                        7. Reagents and Standards

    7.1 Initiator. The initiator type, brand, and concentration will be 
specified by resin manufacturer, or as required by production operation.
    7.2 Polyester or vinyl ester resin.

[[Page 1259]]

    7.3 Vapor suppressant additive.

             8. Sample Collection, Preservation, and Storage

    This test method involves the immediate recording of data during the 
roll out and curing phases of the lamination process during each test 
run. Samples are neither collected, preserved, nor stored.

                           9. Quality Control

    Careful attention to the prescribed test procedure, routing 
equipment calibration, and replicate testing are the quality control 
activities for this test method. Refer to the procedures in section 11. 
A minimum of six test runs of a resin system without a suppressant and 
six test runs of the same resin with a suppressant shall be performed 
for each resin and suppressant test combination.

                   10. Calibration and Standardization

    10.1 The laboratory balances, stopwatch, hygrometer and thermometer 
shall be maintained in a state of calibration prior to testing and 
thereafter on a scheduled basis as determined by the testing laboratory. 
This shall be accomplished by using certified calibration standards.
    10.2 Calibration records shall be maintained for a period of 3 
years.

                           11. Test Procedure

    11.1 Test Set-up.
    11.1.1 The laboratory balance is located in an enclosure to prevent 
fluctuations in balance readings due to localized air movement. The 
front of enclosure is open to permit work activity, but positioned so 
that local airflow will not effect balance readings. The ambient 
temperature is determined by suspending the thermometer at a point 
inside the enclosure.
    11.1.2 The bottom of the aluminum pan is covered with the Mylar 
film. The film is held in position with tape or by friction between the 
pan and the film.
    11.1.3 The resin and pan are brought to room temperature. This test 
temperature must be between 70 [deg]F and 80 [deg]F. The testing 
temperature cannot vary more than 2 [deg]F during 
the measurement of test runs. Temperature shall be recorded at the same 
time weight is recorded on suppressed and non-suppressed test data 
sheets, shown in Table 17.1.
    11.1.4 The relative humidity may not change more than 15 percent during the test runs. This is determined by 
recording the relative humidity in the vicinity of the test chamber at 
the beginning and end of an individual test run. This data is recorded 
on the test data sheets shown in Table 17.1.
    11.1.5 Two plies of nominal 1.5 oz/ft\2\ chopped strand mat (CSM) 
are cut into a square or rectangle with the minimum surface area of 60 
square inches (i.e. a square with a side dimension of 7.75 inches).
    11.1.6 The appropriate resin application roller is readily 
available.
    11.2 Resin Gel Time/Initiator Percentage
    11.2.1 Previous testing has indicated that resin gel time influences 
the emissions from composite production. The testing indicated that 
longer the gel times led to higher emissions. There are a number of 
factors that influence gel time including initiator type, initiator 
brand, initiator level, temperature and resin additives. Under actual 
usage conditions a molder will adjust the initiator to meet a gel time 
requirement. In this test procedure, the vapor suppressed and non-vapor 
suppressed resin systems will be adjusted to the same gel time by 
selecting the appropriate initiator level for each.
    11.2.2 All test runs within a test will be processed in a manner 
that produces the same resin gel time 2 minutes. 
To facilitate the resin mixing procedure, master batches of resin and 
resin plus vapor suppressant of resin are prepared. These resin master 
batches will have all of the required ingredients except initiator; this 
includes filler for filled systems. The gel times for the tests are 
conducted using the master batch and adjustments to meet gel time 
requirements shall be made to the master batch before emission testing 
is conducted. Test temperatures must be maintained within the required 
range, during gel time testing. Further gel time testing is not required 
after the non-vapor suppressed and vapor suppressed master batches are 
established with gel times within 2 minutes. A 
sufficient quantity of each resin should be prepared to allow for 
additional test specimens in the event one or more test fails to meet 
the data acceptance criteria discussed in Section 11.5 and shown in 
Table 17.2.
    11.2.3 The specific brand of initiator and the nominal percentage 
level recommended by the resin manufacturer will be indicated on the 
resin certificate of analysis \15\; or, if a unique gel time is required 
in a production laminate, initiator brand and percentage will be 
determined by that specific requirement.
    11.2.4 Examples:
    11.2.4.1 The resin for a test run is specified as having a 15-minute 
cup gel time at 77 [deg]F using Brand X initiator at 1.5 percent by 
weight. The non-suppressed control resin has a 15-minute gel time. The 
suppressed resin has a gel time of 17-minutes. An initiator level of 1.5 
percent would be selected for the both the non-suppressed and the 
suppressed test samples.
    11.2.4.2 Based on a specific production requirement, a resin is 
processed in production using 2.25 percent of Brand Y initiator, which 
produces a 20-minute gel time. This initiator at level of 2.25 percent 
produces a 20

[[Page 1260]]

minute gel time for the non-suppressed control resin, but yields a 25-
minute gel time for the suppressed resin sample. The suppressed resin is 
retested at 2.50 percent initiator and produces a 21-minute gel time. 
The initiator levels of 2.25 percent and 2.50 percent respectively would 
yield gel times within 2 minutes.
    11.3 Test Run Procedure for Unfilled Resin (see the data sheet shown 
in Table 17.1).
    11.3.1 The insulating board is placed on the balance.
    11.3.2 The aluminum pan with attached Mylar film is placed on the 
balance, and the balance is tared (weight reading set to zero with the 
plate on the balance.)
    11.3.3 Place two plies of 1.5 oz. CSM on the balance and record the 
weight (glass weight).
    11.3.4 The resin beaker and stirring rod are put on the second 
balance and tared.
    11.3.5 The required resin weight and initiator weight are calculated 
(refer to calculation formulas in 12.2).
    11.3.6 The disposable resin application roller is placed on the edge 
of the plate.
    11.3.7 The balance is tared, with the aluminum pan, Mylar film, 
glass mat, and resin application roller on the balance pan.
    11.3.8 Resin is weighed into a beaker, as calculated, using the 
second balance. The mixing stick should be tared with the beaker weight.
    11.3.9 Initiator is weighed into the resin, as calculated, using an 
eyedropper or a pipette, and the combination is mixed.
    11.3.10 Initiated resin is poured on chopped strand mat in a pe-
determined pattern (see Figure 11.6).
    11.3.11 A stopwatch is started from zero.
    11.3.12 The initial laminate weight is recorded.
    11.3.13 The plate is removed from balance to enable roll-out of the 
laminate.
    11.3.14 The wet laminate is rolled with the resin application roller 
to completely distribute the resin, saturate the chopped strand mat, and 
eliminate air voids. Roll-out time should be in the range of 2 to 3\16\ 
minutes and vary less than 10 percent of the 
average time required for the complete set of six suppressed and six 
non-suppressed runs.
    11.3.15 Record the rollout end time (time from start to completion 
of rollout).
    11.3.16 Place the resin application roller on the edge of the plate 
when rollout is completed.
    11.3.17 Place the plate back on the balance pan. Immediately record 
the weight.
    11.3.18 For the first test in a series of six tests, weight is 
recorded every 5-minute interval (suppressed and non-suppressed). The 
end of the test occurs when three consecutive equal weights are recorded 
or a weight gain is observed (the last weight before the increased 
weight is the end of test weight). For the remaining five tests in the 
series, after the initial weights are taken, the next weight is recorded 
30 minutes before the end of the test, as suggested by the results from 
the first test. It is likely that the time to reach the end point of a 
suppressed resin test will be shorter than the time required to complete 
a non-suppressed test. Therefore, the time to start taking data manually 
may be different for suppressed and non-suppressed resins.
    11.4 Test Run Procedures for Filled Resin Systems \17\ Note that the 
procedure for filled systems differs from the procedure for unfilled 
systems. With filled systems, resin is applied to one ply of the CSM and 
the second ply is placed on top of the resin.
    11.4.1 The insulating board is placed on the balance.
    11.4.2 The aluminum pan with attached Mylar film is placed on the 
balance, and the balance is tared (weight reading set to zero with the 
plate on the balance.)
    11.4.3 Place two plies of 1.5 oz. CSM on the balance and record the 
weight (glass weight).
    11.4.4 Remove the top ply of fiberglass and record its weight 
(weight of 1st layer of glass).
    11.4.5 The required resin weight and initiator weight are calculated 
(refer to calculation formulas in 12.2). Calculate the weight of filled 
resin and initiator based on the 2 layers of fiberglass.
    11.4.6 The resin beaker and stirring rod are put on the second 
balance and tared.
    11.4.7 A disposable resin application roller is placed on the edge 
of the plate.
    11.4.8 The balance is tared, with the aluminum pan, Mylar film, 
glass mat, and resin application roller on the balance pan.
    11.4.9 Resin is weighed into the beaker, as calculated, using the 
second balance. The mixing stick should be tared with the beaker weight.
    11.4.10 Initiator is weighed into the resin, as calculated, using an 
eyedropper or a pipette, and the combination is mixed.
    11.4.11 Initiated resin is poured on the single ply of CSM in a pre-
determined pattern. Refer to Figure 11.6.
    11.4.12 A stopwatch is started from zero.
    11.4.13 Record the weight of the resin ans single ply of CSM 
(L1). The initial laminate weight equals L1 plus 
the weight of second glass layer.
    11.4.14 Replace the second layer of fiberglass.
    11.4.15 Remove the plate from the balance to allow roll-out of the 
laminate.
    11.4.16 Roll the wet laminate with the resin application roller to 
completely distribute the resin, saturate the chopped strand mat, and 
eliminate air voids. Roll-out time should be in the range of 2 to 3\16\ 
minutes and vary less than 10 percent of the 
average time required for the complete set of six suppressed and six 
non-suppressed runs.

[[Page 1261]]

    11.4.17 Record the roll-out end time (time from start to completion 
of rollout).
    11.4.18 Place the resin application roller on the edge of the plate 
when rollout is completed.
    11.4.19 Place the plate back on the balance pan. The initial weight 
is recorded immediately.
    11.4.20 For the first test run in a series of six, weight is 
recorded at every 5-minute interval (suppressed and non-suppressed). The 
end of the test occurs when three consecutive equal weights are recorded 
or a weight gain is observed (the last weight before the increased 
weight is the end of test weight). For the remaining five tests in the 
series, after the initial weights are taken, the next weight is recorded 
30 minutes before the end of the test, as suggested by the results from 
the first test. It is likely that the time to reach the end point of a 
suppressed resin test will be shorter than the time required to complete 
a non-suppressed test. Therefore, the time to start taking data manually 
may be different for suppressed and non-suppressed resins.
    11.5 Data Acceptance Criteria:
    11.5.1 A test set is designed as twelve individual test runs using 
the same resin, initiator, and gel time, six of the test runs use the 
resin non-vapor suppressed and the other six use it vapor suppressed.
    11.5.2 If a test run falls outside any of the time, temperature, 
weight or humidity variation requirements, it must be discarded and run 
again.
    11.5.3 The laminate roll out time for each individual test run must 
vary less than 10 percent of the average time 
required for the complete set of six suppressed and six non-suppressed 
runs.
    11.5.4 Test temperature for each test run must be maintained within 
2 [deg]F and the average must be between 70[deg] 
and 80 [deg]F. Refer to 11.1.3.
    11.5.5 The difference in the amount of resin for each run must be 
within 10 percent of the average weight for the 
complete set of six suppressed and six non-suppressed runs.
    11.5.6 The relative humidity from each test run must be within 
15 percent of the average humidity for the 
complete set of six suppressed and six non-suppressed tests. Refer to 
11.1.4
    11.5.7 The glass content for each test set must be within 10 percent of the average resin-to-/glass ratio for the 
complete set of six suppressed and six non-suppressed runs. Refer to 
12.2).
    11.5.8 The filler content for each test of a test set must be within 
5 percent of the average filler content for the 
complete set of six suppressed and six non-suppressed runs. Refer to 
12.2.
    11.6 Resin Application Pour Pattern:
    11.6.1 To facilitate the distribution of resin across the chopped 
strand mat, and to provide consistency from test to test, a uniform pour 
pattern should be used. A typical pour pattern is shown below:
[GRAPHIC] [TIFF OMITTED] TR21AP03.009


[[Page 1262]]


    11.6.2 The resin is to be evenly distributed across the entire 
surface of the chopped strand mat using the resin application roller to 
achieve a wet look across the surface of the laminate. Pushing excess 
resin off the reinforcement and onto the Mylar sheet should be avoided. 
No resin is to be pushed more than \1/2\ inch beyond the edge of the 
glass mat. If excess resin is pushed further from the glass mat, it will 
void the test run. As part of this process, typical visible air voids 
are to be eliminated by the rollout process. If the pour pattern is 
different from the above, it must be recorded and attached to test data 
sheet 17.1.

                   12. Data Analysis and Calculations

    12.1 Data Analysis:
    This test method requires a simple mass balance calculation, no 
special data analysis is necessary.
    12.2 Calculations:
    12.2.1 The target glass content (percent) for unfilled resin systems 
is determined from the specific production parameters being evaluated. 
In absence of any specific production requirements the target may be set 
at the tester's discretion.
    12.2.2 Glass content determination (expressed as a per cent):

% Glass = Glass wt(g)/(Glass wt(g) + Resin weight (g))

    12.2.3 Weight of resin required:
    Resin weight required = (Glass wt (g)/% glass)--Glass wt (g)
    12.2.4 Filled resin formulation determination for filled resin 
systems (e.g. 30 percent filler by weight for a particulate 
filler, or 1 percent by weight for a lightweight filler, such 
as hollow microspheres):

% Resin content = resin
weight(g)/(resin weight(g) + glass
weight(g) + filler weight(g))
% Glass content = glass
weight(g)/(resin weight(g) + glass
weight(g) + filler weight(g))
Filler content = filler
weight(g)/(resin weight(g) + glass
weight(g) + filler weight(g))

    12.2.5 Initiator weight determination:

Initiator weight (g) = Resin weight(g) x Initiator %

    12.2.6 Emission weight loss determination:
    Emissions weight loss (g) = Initial resin weight (g)-Final resin 
weight (g)
    12.2.7 % Emission weight loss:

% Emission Weight Loss = (Emission weight loss (g) Initial resin weight 
          (g) x 100

    12.2.8 Average % Emission Weight Loss (assuming six test runs):
    [GRAPHIC] [TIFF OMITTED] TR21AP03.010
    
    12.2.9 VSE Factor calculation:

VSE Factor = 1 -(Average % VS Emission Weight Loss/Average NVS Emission 
          Weight Loss)

                     Table 12.1--Example Calculation
------------------------------------------------------------------------
                                                       % VS      % NVS
                       Test                          weight     weight
                                                       loss       loss
------------------------------------------------------------------------
1..................................................      6.87      10.86
2..................................................      6.76      11.23
3..................................................      5.80      12.02
4..................................................      5.34      11.70
5..................................................      6.11      11.91
6..................................................      6.61      10.63
Average Weight Loss................................      6.25      11.39
VSE Factor.........................................  ........       0.4
------------------------------------------------------------------------

    VSE Factor = 0.45

    VSE Factor is used as input into the appropriate equation in Table 1 
to this subpart.
    Example from Table 1 to this subpart:

Manual Resin Application, 35 percent HAP resin, VSE Factor of 0.45
HAP Emissions with vapor suppresants = ((0.286 x %HAP)-0.0529) x 2000 x 
          (1-(0.5 x VSE factor))
HAP Emissions with vapor suppresants = ((0.286 x .35)-0.0529) x 2000 x 
          (1-(0.5 x .45))
HAP Emissions with vapor suppresants = 73 pounds of HAP emissions per 
          ton of resin.

                         13. Method Performance

    13.1 Bias:
    The bias of this test method has not been determined.
    13.2 Precision Testing
    13.2.1 Subsequent to the initial development of this test protocol 
by the Composites Fabricators Association, a series of tests were 
conducted in three different laboratory facilities. The purpose of this 
round robin testing was to verify the precision of the test method in 
various laboratories. Each laboratory received a sample of an 
orthophthalic polyester resin from the same production batch, containing 
48 per cent styrene by weight. Each testing site was also provided with 
the same vapor suppressant additive.

[[Page 1263]]

The suppressant manufacturer specified the percentage level of 
suppressant additive. The resin manufacturer specified the type and 
level of initiator required to produce a 20 minute gel time. The target 
glass content was 30 percent by weight.
    13.2.2 Each laboratory independently conducted the VSE test 
according to this method. A summary of the results is included in Table 
13.1.

                                     Table 13.1--Round Robin Testing Results
----------------------------------------------------------------------------------------------------------------
                                                     Test Lab 1            Test Lab 2            Test Lab 3
                                               -----------------------------------------------------------------
                                                   NVS         VS        NVS         S         NVS         VS
----------------------------------------------------------------------------------------------------------------
Average percent WT Loss.......................       4.24       1.15       4.69       1.84       5.73       1.61
Standard Deviation............................      0.095      0.060      0.002      0.002      0.020      0.003
VSE Factor....................................  .........      0.730  .........      0.607  .........      0.720
----------------------------------------------------------------------------------------------------------------

    13.3 Comparison to EPA Reference Methods This test has no 
corresponding EPA reference method.

                        14. Pollution Prevention

    The sample size used in this method produces a negligible emission 
of HAP, and has an insignificant impact upon the atmosphere.

                          15. Waste Management

    The spent and waste materials generated during this test are 
disposed according to required facility procedures, and waste management 
recommendations on the corresponding material safety data sheets.

                      16. References and footnotes

    16.1 Footnotes:

    \1\ Balance Enclosure--The purpose of the balance enclosure is to 
prevent localized airflow from adversely affecting the laboratory 
balance. The enclosure may be a simple three-sided box with a top and an 
open face. The configuration of the enclosure is secondary to the 
purpose of providing a stable and steady balance reading, free from the 
effects of airflow, for accurate measurements. The enclosure can be 
fabricated locally. A typical enclosure is shown in Figure 17.1.
    \2\ Laboratory Balance--Ohaus Precision Standard Series P/N TS400D 
or equivalent--Paul N. Gardner Co. 316 NE 1st St. Pompano Beach, FL 
33060 or other suppliers.
    \3\ Stop Watch--Local supply.
    \4\ Thermometer--Mercury thermometer--ASTM No. 21C or equivalent; 
Digital thermometer--P/N TH-33033 or equivalent--Paul N. Gardner Co. 316 
NE 1st St. Pompano Beach, FL 33060 or other suppliers.
    \5\ Aluminum Pan--Local supply.
    \6\ Mylar--Local supply.
    \7\ Double Sided Tape--3M Double Stick Tape or equivalent, local 
supply.
    \8\ Laboratory Beakers--250 to 400ml capacity--Local laboratory 
supply.
    \9\ Eye Dropper or Pipette--Local laboratory supply.
    \10\ Disposable Resin Application Roller Source--Wire Handle Roller 
P/N 205-050-300 or Plastic Handle Roller P/N 215-050-300 or equivalent; 
ES Manufacturing Inc., 2500 26st Ave. North, St. Petersburg, FL 33713, 
www.esmfg.com, or other source. Refer to Figure 17.3.
    \11\ Hygrometer or Psychrometer--Model THWD-1, or equivalent--Part 
 975765 by Amprobe Instrument, 630 Merrick Road, P.O. Box 329, 
Lynbrook, NY 11563, 516-593-5600
    \12\ Insulating Board (Teflon, cardboard, foam board etc.)--Local 
supply.
    \13\ Laboratory Balance With Digital Output--Ohaus Precision 
Standard Series P/N TS120S or equivalent--Paul N. Gardner Co. 316 NE 1st 
St. Pompano Beach, FL 33060 or other suppliers.
    \14\ Chopped Strand Mat--1.5 oz/ft \2\ Sources: Owens Corning 
Fiberglas--Fiberglas M-723; PPG Industries--ABM HTX; Vetrotex America--
M-127 or equivalent.
    \15\ Certificate of Analysis: Resin gel time, as recorded on the 
resin certificate of analysis, is measured using a laboratory standard 
gel time procedure. This procedure typically uses a 100 gram cup sample 
at 77 [deg]F (25 [deg]C), a specific type of initiator and a specified 
percentage.
    \16\ Roll-out times may vary with resin viscosity or resin additive. 
The important aspect of this step is to produce the same roll-out time 
for both the suppressed and non-suppressed samples.
    \17\ While this test can be used with filled resin systems, the test 
is not designed to determine the effect of the filler on emissions, but 
rather to measure the effect of the suppressant additive in the resin 
system. When evaluating a filled system both the non-vapor suppressed 
and vapor suppressed samples should be formulated with the same type and 
level of filler.

    16.2 References
    1. Phase 1--Baseline Study Hand Lay-up, CFA, 1996
    2. CFA Vapor Suppressant Effectiveness Test Development, 4/3/98, 
correspondence with Dr. Madeleine Strum, EPA, OAQPS

[[Page 1264]]

    3. CFA Vapor Suppressant Effectiveness Screening Tests, 4/4/98
    4. Styrene Suppressant Systems Study, Reichhold Chemical, 11/30/98
    5. Evaluation of the CFA's New Proposed Vapor Suppressant 
Effectiveness Test, Technical Service Request : ED-01-98, BYK Chemie, 
6/3/98
    6. Second Evaluation of the CFA's New Proposed Vapor Suppressant 
Effectiveness Test, Technical Service Request : ED-02-98, BYK Chemie, 
1/26/99

                       17. Data Sheets and Figures

    17.1 This data sheet, or a similar data sheet, is used to record the 
test data for filled, unfilled, suppressed and non-suppressed tests. If 
additional time is required, the data sheet may be extended.

[[Page 1265]]

[GRAPHIC] [TIFF OMITTED] TR21AP03.011


[[Page 1266]]


[GRAPHIC] [TIFF OMITTED] TR21AP03.012

    17.2 Data Acceptance Criteria Worksheet:
    The following worksheet is used to determine the quality of 
collected data (i.e. insure the data collected all meets acceptance 
criteria)

[[Page 1267]]



                                                                         Table 17.2--Data Acceptance Criteria Worksheet
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Temperature                                       Relative humidity, %
           Test No.            ------------------------------------------   Laminate roll  --------------------------------  Resin weight,  Glass content,        Resin        Meets criteria Y/
                                     Min           Max          Delta       out time, min       Initial          Final            (g)              %           distribution            N
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
9
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
11
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
12
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                          Average
Criteria......................  15 of      thn-eq>10% of   thn-eq>10% of   off mat
                                 n [deg]F      n0% of        n5 of         Average           Avg.            Avg.
                                               Average       Average
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 1268]]

    17.3 VSE Factor Calculation

                   Table 17.3--Calculations Worksheet
------------------------------------------------------------------------
          Vapor suppressed                   Non-vapor suppressed
------------------------------------------------------------------------
      Test          % Weight loss         Test          % Weight loss
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Average Weight
 Loss
------------------------------------------------------------------------
             VSE Factor
------------------------------------------------------------------------
VSE Factor = 1--(% Average Weight Loss VS/ % Average Weight LossNVS)

    17.4 Figures

[[Page 1269]]

[GRAPHIC] [TIFF OMITTED] TR21AP03.013


[[Page 1270]]


[GRAPHIC] [TIFF OMITTED] TR21AP03.014


[[Page 1271]]


[GRAPHIC] [TIFF OMITTED] TR21AP03.015



Subpart XXXX_National Emissions Standards for Hazardous Air Pollutants: 
                        Rubber Tire Manufacturing

    Source: 67 FR 45598, July 9, 2002, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.5980  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for rubber tire manufacturing. This subpart also 
establishes requirements to demonstrate

[[Page 1272]]

initial and continuous compliance with the emission limitations.



Sec. 63.5981  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a rubber 
tire manufacturing facility that is located at, or is a part of, a major 
source of hazardous air pollutant (HAP) emissions.
    (1) Rubber tire manufacturing includes the production of rubber 
tires and/or the production of components integral to rubber tires, the 
production of tire cord, and the application of puncture sealant. 
Components of rubber tires include, but are not limited to, rubber 
compounds, sidewalls, tread, tire beads, tire cord and liners. Other 
components often associated with rubber tires but not integral to the 
tire, such as wheels, inner tubes, tire bladders, and valve stems, are 
not components of rubber tires or tire cord and are not subject to this 
subpart.
    (2) A major source of HAP emissions is any stationary source or 
group of stationary sources 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 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.
    (b) You are not subject to this subpart if the affected source at 
your rubber tire manufacturing facility meets either of the conditions 
described in paragraph (b)(1) or (2) of this section.
    (1) You own or operate a tire cord production affected source, but 
the primary product produced at the affected source is determined to be 
subject to another subpart under this part 63 as of the effective date 
of that subpart (publication date of the final rule) or startup of the 
source, whichever is later. In this case, you must determine which 
subpart applies to your source and you must be in compliance with the 
applicable subpart by the compliance date of that subpart. The primary 
product is the product that is produced for the greatest operating time 
over a 5-year period, based on expected utilization for the 5 years 
following the compliance date or following initial startup of the 
source, whichever is later.
    (2) Your rubber tire manufacturing affected source is a research and 
development facility whose primary purpose is to conduct research and 
development into new processes and products, where such source is 
operated under the close supervision of technically trained personnel 
and is not engaged in the manufacture of products for commercial sale in 
commerce, except in a de minimis manner.



Sec. 63.5982  What parts of my facility does this subpart cover?

    (a) This subpart applies to each existing, new, or reconstructed 
affected source at facilities engaged in the manufacture of rubber tires 
or their components.
    (b) The affected sources are defined in paragraph (b)(1) of this 
section (tire production), paragraph (b)(2) of this section (tire cord 
production), paragraph (b)(3) of this section (puncture sealant 
application), and paragraph (b)(4) of this section (rubber processing).
    (1) The tire production affected source is the collection of all 
processes that use or process cements and solvents as defined in Sec. 
63.6015, located at any rubber tire manufacturing facility. It includes, 
but is not limited to: Storage and mixing vessels and the transfer 
equipment containing cements and/or solvents; wastewater handling and 
treatment operations; tread and cement operations; tire painting 
operations; ink and finish operations; undertread cement operations; 
process equipment cleaning materials; bead cementing operations; tire 
building operations; green tire spray operations; extruding, to the 
extent cements and solvents are used; cement house operations; marking 
operations; calendar operations, to the extent solvents are used; tire 
striping operations; tire repair operations; slab dip operations; other 
tire building operations, to the extent that cements and solvents are 
used; and balance pad operations.
    (2) The tire cord production affected source is the collection of 
all processes engaged in the production of tire cord. It includes, but 
is not limited to: dipping operations, drying ovens, heat-set

[[Page 1273]]

ovens, bulk storage tanks, mixing facilities, general facility vents, 
air pollution control devices, and warehouse storage vents.
    (3) The puncture sealant application affected source is the puncture 
sealant application booth operation used to apply puncture sealant to 
finished tires.
    (4) The rubber processing affected source is the collection of all 
rubber mixing processes (e.g., banburys and associated drop mills) that 
either mix compounds or warm rubber compound before the compound is 
processed into components of rubber tires. The mixed rubber compound 
itself is also included in the rubber processing affected source. There 
are no emission limitations or other requirements for the rubber 
processing affected source.
    (c) An affected source is a new affected source if construction of 
the affected source commenced after October 18, 2000, and it met the 
applicability criteria of Sec. 63.5981 at the time construction 
commenced.
    (d) An affected source is reconstructed if it meets the criteria as 
defined in Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.



Sec. 63.5983  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, except as 
provided in Sec. Sec. 63.5982(b)(4) and 63.5981(b)(1), you must comply 
with the emission limitations for new and reconstructed sources in this 
subpart upon startup.
    (b) If you have an existing affected source, you must comply with 
the emission limitations for existing sources no later than July 11, 
2005.
    (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, the 
affected source(s) must be in compliance with existing source emission 
limitations no later than 3 years after the date on which the area 
source became a major source.
    (d) You must meet the notification requirements in Sec. 63.6009 
according to the schedule in Sec. 63.6009 and in subpart A of this 
part. Some of the notifications must be submitted before the date you 
are required to comply with the emission limitations in this subpart.

          Emission Limits for Tire Production Affected Sources



Sec. 63.5984  What emission limits must I meet for tire production 
affected sources?

    You must meet each emission limit in either option 1 or option 2 of 
Table 1 to this subpart that applies to you.



Sec. 63.5985  What are my alternatives for meeting the emission 
limits for tire production affected sources?

    You must use one of the compliance alternatives in paragraphs (a) 
through (c) of this section to meet either of the emission limits in 
Sec. 63.5984.
    (a) Purchase alternative. Use only cements and solvents that, as 
purchased, contain no more HAP than allowed by the emission limits in 
Table 1 to this subpart, option 1 (HAP constituent option).
    (b) Monthly average alternative, without using an add-on control 
device. Use cements and solvents in such a way that the monthly average 
HAP emissions do not exceed the emission limits in Table 1 to this 
subpart, option 1 or option 2.
    (c) Monthly average alternative, using an add-on control device. Use 
a control device to reduce HAP emissions so that the monthly average HAP 
emissions do not exceed the emission limits in Table 1 to this subpart, 
option 1 or option 2.

        Emission Limits for Tire Cord Production Affected Sources



Sec. 63.5986  What emission limits must I meet for tire cord
production affected sources?

    You must meet each emission limit in either option 1 or option 2 of 
Table 2 to this subpart that applies to you.



Sec. 63.5987  What are my alternatives for meeting the
emission limits for tire cord production affected sources?

    You must use one of the compliance alternatives in paragraph (a) or 
(b) of this section to meet the emission limits in Sec. 63.5986.
    (a) Monthly average alternative, without using an add-on control 
device. Use

[[Page 1274]]

coatings in such a way that the monthly average HAP emissions
do not 
exceed the emission limits in Table 2 to this subpart.
    (b) Monthly average alternative, using an add-on control device. Use 
a control device to reduce HAP emissions so that the monthly average HAP 
emissions do not exceed the emission limits in Table 2 to this subpart.

 Emission Limitations for Puncture Sealant Application Affected Sources



Sec. 63.5988  What emission limitations must I meet for
puncture sealant application affected sources?

    (a) You must meet each emission limit in either option 1 or option 2 
of Table 3 to this subpart that applies to you.
    (b) If you use an add-on control device to meet the emission limits 
in Table 3 to this subpart, you must also meet each operating limit in 
Table 4 to this subpart that applies to you.



Sec. 63.5989  What are my alternatives for meeting the emission
limitations for puncture sealant application affected sources?

    You must use one of the compliance alternatives in paragraphs (a) 
through (d) of this section to meet the emission limitations in Sec. 
63.5988.
    (a) Overall control efficiency alternative. Use an emissions capture 
system and control device and demonstrate that the application booth 
emissions meet the emission limits in Table 3 to this subpart, option 1a 
or 1b, and the control device and capture system meet the operating 
limits in Table 4 to this subpart.
    (b) Permanent total enclosure and control device efficiency 
alternative. Use a permanent total enclosure that satisfies the Method 
204 criteria in 40 CFR part 51, appendix M. Demonstrate that the control 
device meets the emission limits in Table 3 to this subpart, option 1a 
or 1b. You must also show that the control device and capture system 
meet the operating limits in Table 4 to this subpart.
    (c) Monthly average alternative, without using an add-on control 
device. Use puncture sealants in such a way that the monthly average HAP 
emissions do not exceed the emission limits in Table 3 to this subpart, 
option 2.
    (d) Monthly average alternative, using an add-on control device. Use 
a control device to reduce HAP emissions so that monthly average HAP 
emissions do not exceed the emission limits in Table 3 to this subpart, 
option 2.

                     General Compliance Requirements



Sec. 63.5990  What are my general requirements for complying with this subpart?

    (a) Before January 21, 2021, you must be in compliance with the 
applicable emission limitations specified in Tables 1 through 4 to this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction if you are using a control device to comply with an emission 
limit. After January 20, 2021, you must be in compliance with the 
applicable emission limitations specified in Tables 1 through 4 to this 
subpart at all times.
    (b) Before January 21, 2021, except as provided in Sec. 
63.5982(b)(4), 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 20, 
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) During the period between the compliance date specified for your 
source in Sec. 63.5983 and the date upon

[[Page 1275]]

which continuous compliance monitoring systems (CMS) have been installed 
and validated and any applicable operating limits have been set, you 
must maintain a log detailing the operation and maintenance of the 
process and emission control equipment.
    (d) Before January 21, 2021, for each affected source that complies 
with the emission limits in Tables 1 through 3 to this subpart using a 
control device, you must develop a written startup, shutdown, and 
malfunction plan according to the provisions in Sec. 63.6(e)(3). After 
January 20, 2021, a startup, shutdown, and malfunction plan is not 
required.
    (e) For each monitoring system required in this section, you must 
develop and submit for approval a site-specific monitoring plan that 
addresses the requirements in paragraphs (e)(1) through (3) of this 
section as follows:
    (1) Installation of the CMS sampling probe or other interface at a 
measurement location relative to each affected process unit so 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) Before January 21, 2021, in your site-specific monitoring plan, 
you must also address the ongoing procedures specified in paragraphs 
(f)(1) through (3) of this section as follows. After January 20, 2021, 
in your site-specific monitoring plan, you must also address the ongoing 
procedures specified in paragraphs (f)(1) through (4) of this section as 
follows.
    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1), (3), (4)(ii), (7), and 
(8), and this section;
    (2) Before January 21, 2021, ongoing data quality assurance 
procedures in accordance with the general requirements of Sec. 63.8(d). 
After January 20, 2021, ongoing data quality assurance procedures in 
accordance with the general requirements of Sec. 63.8(d)(1) and (2).
    (3) Before January 21, 2021, ongoing recordkeeping and reporting 
procedures in accordance with the general requirements of Sec. 
63.10(c), (e)(1), and (e)(2)(i). After January 20, 2021, 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); and
    (4) After January 20, 2021, ongoing recordkeeping and reporting 
procedures in accordance with the general requirements of Sec. 
63.10(c), (e)(1), and (e)(2)(i).

[67 FR 45598, July 9, 2002, as amended at 71 FR 20466, Apr. 20, 2006; 85 
FR 44761, July 24, 2020]

           General Testing and Initial Compliance Requirements



Sec. 63.5991  By what date must I conduct an initial compliance
demonstration or performance test?

    (a) If you have a new or reconstructed affected source, you must 
conduct each required initial compliance demonstration or performance 
test within 180 calendar days after the compliance date that is 
specified for your new or reconstructed affected source in Sec. 
63.5983(a). If you are required to conduct a performance test, you must 
do so according to the provisions of Sec. 63.7(a)(2).
    (b) If you have an existing affected source, you must conduct each 
required initial compliance demonstration or performance test no later 
than the compliance date that is specified for your existing affected 
source in Sec. 63.5983(b). If you are required to conduct a performance 
test, you must do so according to the provisions of Sec. 63.7(a)(2).

[[Page 1276]]

    (c) If you commenced construction or reconstruction between October 
18, 2000 and July 9, 2002, you must demonstrate initial compliance with 
either the proposed emission limitations or the promulgated emission 
limitations no later than January 6, 2003, or within 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 October 
18, 2000 and July 9, 2002, and you chose to comply with the proposed 
emission limitation when demonstrating initial compliance, you must 
conduct a second compliance demonstration for the promulgated emission 
limitation no later than January 5, 2006, or after startup of the 
source, whichever is later, according to Sec. 63.7(a)(2)(ix).



Sec. 63.5992  When must I conduct subsequent performance tests?

    If you use a control system (add-on control device and capture 
system) to meet the emission limitations, you must also conduct a 
performance test at least once every 5 years following your initial 
compliance demonstration to verify control system performance and 
reestablish operating parameters or operating limits for control systems 
used to comply with the emissions limits.



Sec. 63.5993  What performance tests and other procedures must I use?

    (a) If you use a control system to meet the emission limitations, 
you must conduct each performance test in Table 5 to this subpart that 
applies to you.
    (b) 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.
    (c) Before January 21, 2021, you may not conduct performance tests 
during periods startup, shutdown, or malfunction, as specified in Sec. 
63.7(e)(1). After January 20, 2021, 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.
    (d) Before January 21, 2021, You must conduct three separate test 
runs for each performance test required in this section, as specified in 
Sec. 63.7(e)(1) unless otherwise specified in the test method. Each 
test run must last at least 1 hour. After January 20, 2021, you must 
conduct three separate test runs for each performance test required in 
this section, as specified in Sec. 63.5993(c) above, unless otherwise 
specified in the test method. Each test run must last at least 1 hour.
    (e) If you are complying with the emission limitations using a 
control system, you must also conduct performance tests according to the 
requirements in paragraphs (e)(1) through (3) of this section as they 
apply to you.
    (1) Determining capture efficiency of permanent or temporary total 
enclosure. Determine the capture efficiency of a capture system by using 
one of the procedures in Table 5 to this subpart.
    (2) Determining capture efficiency of an alternative method. As an 
alternative to constructing a permanent or temporary total enclosure, 
you may determine the capture efficiency using any capture efficiency 
protocol and test methods if the data satisfy the criteria of either the 
Data Quality Objective or the Lower Confidence Limit approach in 
appendix A to subpart KK of this part.
    (3) Determining efficiency of an add-on control device. Use Table 5 
to this subpart to select the test methods for determining the 
efficiency of an add-on control device.

[67 FR 45598, July 9, 2002, as amended at 85 FR 44761, July 24, 2020]

[[Page 1277]]

Testing and Initial Compliance Requirements for Tire Production Affected 
                                 Sources



Sec. 63.5994  How do I conduct tests and procedures for tire
production affected sources?

    (a) Methods to determine the mass percent of HAP in cements and 
solvents. To determine the HAP content in the cements and solvents used 
at your tire production affected source, use EPA Method 311 of appendix 
A of this part, an approved alternative method, or any other reasonable 
means for determining the HAP content of your cements and solvents. 
Other reasonable means include, but are not limited to: a material 
safety data sheet (MSDS), provided it contains appropriate information; 
a certified product data sheet (CPDS); or a manufacturer's hazardous air 
pollutant data sheet. You are not required to test the materials that 
you use, but the Administrator may require a test using EPA Method 311 
(or an approved alternative method) to confirm the reported HAP content. 
If the results of an analysis by EPA Method 311 are different from the 
HAP content determined by another means, the EPA Method 311 results will 
govern compliance determinations.
    (b) Methods to demonstrate compliance with the HAP constituent 
emission limits in Table 1 to this subpart (option 1). Use the method in 
paragraph (b)(1) of this section to demonstrate initial and continuous 
compliance with the applicable emission limits for tire production 
affected sources using the compliance alternative described in Sec. 
63.5985(a), purchase alternative. Use the equations in paragraphs (b)(2) 
and (3) of this section to demonstrate initial and continuous compliance 
with the emission limits for tire production affected sources using the 
monthly average compliance alternatives described in Sec. 63.5985(b) 
and (c).
    (1) Determine the mass percent of each HAP in each cement and 
solvent according to the procedures in paragraph (a) of this section.
    (2) Use Equation 1 of this section to calculate the HAP emission 
rate for each monthly operating period when complying by using cements 
and solvents without using an add-on control device so that the monthly 
average HAP emissions do not exceed the HAP constituent emission limits 
in Table 1 to this subpart, option 1. Equation 1 follows:
[GRAPHIC] [TIFF OMITTED] TR09JY02.000

Where:

Emonth = mass of the specific HAP emitted per total mass 
          cements and solvents from all cements and solvents used in 
          tire production per month, grams per megagram.
HAPi = mass percent, expressed as a decimal, of the specific 
          HAP in cement and solvent i, as purchased, determined in 
          accordance with paragraph (a) of this section.
TMASSi = total mass of cement and solvent i used in the 
          month, grams.
n = number of cements and solvents used in the month.

    (3) Use Equation 2 of this section to calculate the HAP emission 
rate for each monthly period when complying by using a control device to 
reduce HAP emissions so that the monthly average HAP emissions do not 
exceed the HAP constituent emission limits in Table 1 to this subpart 
(option 1). Equation 2 follows:

[[Page 1278]]

[GRAPHIC] [TIFF OMITTED] TR09JY02.001

Where:

Emonth = mass of the specific HAP emitted per total mass 
          cements and solvents from all cements and solvents used in 
          tire production per month, grams per megagram.
HAPi = mass percent, expressed as a decimal, of the specific 
          HAP in cement and solvent i, as purchased, determined in 
          accordance with paragraph (a) of this section for cements and 
          solvents used in the month in processes that are not routed to 
          a control device.
TMASSi = total mass of cement and solvent i used in the month 
          in processes that are not routed to a control device, grams.
n = number of cements and solvents used in the month in processes that 
          are not routed to a control device.
HAPj = mass percent, expressed as a decimal, of the specific 
          HAP in cement and solvent j, as purchased, determined in 
          accordance with paragraph (a) of this section, for cements and 
          solvents used in the month in processes that are routed to a 
          control device during operating days, which are defined as 
          days when the control system is operating within the operating 
          range established during the performance test and when 
          monitoring data are collected.
TMASSj = total mass of cement and solvent j used in the month 
          in processes that are routed to a control device during all 
          operating days, grams.
EFF = efficiency of the control system determined during the performance 
          test (capture system efficiency multiplied by the control 
          device efficiency), percent.
m = number of cements and solvents used in the month that are routed to 
          a control device during all operating days.
HAPk = mass percent, expressed as a decimal, of the specific 
          HAP in cement and solvent k, as purchased, for cements and 
          solvents used in the month in processes that are routed to a 
          control device during non-control operating days, which are 
          defined as days when either the control system is not 
          operating within the operating range established during the 
          performance test or when monitoring data are not collected.
TMASSk = total mass of cement and solvent k used in the month 
          in processes that are routed to a control device during all 
          non-control operating days, grams.
p = number of cements and solvents used in the month that are routed to 
          a control device during all non-control operating days.

    (4) Each monthly calculation is a compliance demonstration for the 
purpose of this subpart.
    (c) Methods to demonstrate compliance with the production-based 
emission limits in Table 1 to this subpart, option 2. Use the methods 
and equations in paragraphs (c)(1) through (6) of this section to 
demonstrate initial and continuous compliance with the production-based 
emission limits for tire production affected sources using the 
compliance alternatives described in Sec. 63.5985(b) and (c).
    (1) Methods to determine the mass percent of each HAP in cements and 
solvents. Determine the mass percent of all HAP in cements and solvents 
using the applicable methods specified in paragraph (a) of this section.
    (2) Quantity of rubber used. Determine your quantity of rubber used 
(megagrams) by accounting for the total mass of mixed rubber compound 
that is delivered to the tire production operation.
    (3) Compliance without use of an add-on control device. If you do 
not use an add-on control device to meet the emission limits, use 
Equation 3 of this section to calculate the monthly HAP emission rate in 
grams of HAP emitted per megagram of rubber used, using the quantity of 
rubber used per month (megagrams), as determined in paragraph (c)(2) of 
this section so that the monthly average HAP emission does not exceed 
the HAP emission limit in Table 1 to this subpart, option 2. Equation 3 
follows:
[GRAPHIC] [TIFF OMITTED] TR09JY02.002

Where:


[[Page 1279]]


Emonth = mass of all HAP emitted per total mass of rubber 
          used month, grams per megagram.
HAPi = mass percent, expressed as a decimal, of all HAP in 
          cement and solvent i, as purchased, determined in accordance 
          with paragraph (a) of this section.
TMASSi = total mass of cement and solvent i used in the 
          month, grams.
n = number of cements and solvents used in the month.
RMASS = total mass of rubber used per month, megagrams.

    (4) Compliance with use of an add-on control device. If you use a 
control device to meet the emission limits, use Equation 4 of this 
section to calculate the monthly HAP emission rate in grams of HAP 
emitted per megagram of rubber used, using the quantity of rubber used 
per month (megagrams), as determined in paragraph (c)(2) of this section 
so that the monthly average HAP emission does not exceed the HAP 
emission limit in Table 1 of this subpart, option 2. Equation 4 follows:
[GRAPHIC] [TIFF OMITTED] TR09JY02.003

Where:

Emonth = mass of all HAP emitted per total mass rubber used 
          per month, grams per megagram.
HAPi = mass percent, expressed as a decimal, of all HAP in 
          cement and solvent i, as purchased, determined in accordance 
          with paragraph (a) of this section for cements and solvents 
          used in the month in processes that are not routed to a 
          control device.
TMASSi = total mass of cement and solvent i used in the month 
          in processes that are not routed to a control device, grams.
n = number of cements and solvents used in the month in processes that 
          are not routed to a control device.
HAPj = mass percent, expressed as a decimal, of all HAP in 
          cement and solvent j, as purchased, determined in accordance 
          with paragraph (a) of this section, for cements and solvents 
          used in the month in processes that are routed to a control 
          device during operating days, which are defined as days when 
          the control system is operating within the operating range 
          established during the performance test and when monitoring 
          data are collected.
TMASSj = total mass of cement and solvent j used in the month 
          in processes that are routed to a control device during all 
          operating days.
EFF = efficiency of the control system determined during the performance 
          test (capture system efficiency multiplied by the control 
          device efficiency), percent.
m = number of cements and solvents used in the month that are routed to 
          a control device during all operating days.
HAPk = mass percent, expressed as a decimal, of all HAP in 
          cement and solvent k, as purchased, for cements and solvents 
          used in the month in processes that are routed to a control 
          device during non-control operating days, which are defined as 
          days when either the control system is not operating within 
          the operating range established during the performance test or 
          when monitoring data are not collected.
TMASSk = total mass of cement and solvent k used in the month 
          in processes that are routed to a control device during all 
          non-control operating days, grams.
p = number of cements and solvents used in the month that are routed to 
          a control device during all non-control operating days.
RMASS = total mass of rubber used per month, megagrams.

    (5) Each monthly calculation is a compliance demonstration for the 
purpose of this subpart.
    (d) Specific compliance demonstration requirements for tire 
production affected sources. (1) Conduct any required compliance 
demonstration according to the requirements in Sec. 63.5993.
    (2) If you are demonstrating compliance with the HAP constituent 
option in Table 1 to this subpart, option 1, conduct the compliance 
demonstration using cements and solvents that are representative of 
cements and solvents typically used at your tire production affected 
source.
    (3) Establish an operating range that corresponds to the control 
efficiency as described in Table 5 to this subpart.
    (e) How to take credit for HAP emissions reductions from add-on 
control devices. If you want to take credit in

[[Page 1280]]

Equations 2 and 4 of this section for HAP emissions reduced using a 
control system, you must meet the requirements in paragraphs (e)(1) and 
(2) of this section.
    (1) Monitor the established operating parameters as appropriate.
    (i) If you use a thermal oxidizer, monitor the firebox secondary 
chamber temperature.
    (ii) If you use a carbon adsorber, monitor the total regeneration 
stream mass or volumetric flow for each regeneration cycle, and the 
carbon bed temperature after each regeneration, and within 15 minutes of 
completing any cooling cycle.
    (iii) If you use a control device other than a thermal oxidizer or a 
regenerative carbon adsorber, install and operate a continuous parameter 
monitoring system according to your site-specific performance test plan 
submitted according to Sec. 63.7(c)(2)(i).
    (iv) If you use a permanent total enclosure, monitor the face 
velocity across the natural draft openings (NDO) in the enclosure. Also, 
if you use an enclosure, monitor to ensure that the sizes of the NDO 
have not changed, that there are no new NDO, and that a HAP emission 
source has not been moved closer to an NDO since the last compliance 
demonstration was conducted.
    (v) If you use other capture systems, monitor the parameters 
identified in your monitoring plan.
    (2) Maintain the operating parameters within the operating range 
established during the compliance demonstration.
    (f) How to take credit for HAP emissions reductions when streams are 
combined. When performing material balances to demonstrate compliance, 
if the storage of materials, exhaust, or the wastewater from more than 
one affected source are combined at the point where control systems are 
applied, any credit for emissions reductions needs to be prorated among 
the affected sources based on the ratio of their contribution to the 
uncontrolled emissions.

[67 FR 45598, July 9, 2002, as amended at 68 FR 11747, Mar. 12, 2003]



Sec. 63.5995  What are my monitoring installation, operation,
and maintenance requirements?

    (a) For each operating parameter that you are required by Sec. 
63.5994(e)(1) to monitor, you must install, operate, and maintain a 
continuous parameter monitoring system (CPMS) according to the 
requirements in Sec. 63.5990(e) and (f) and in paragraphs (a)(1) 
through (6) of this section.
    (1) You must operate your CPMS at all times that the process is 
operating.
    (2) You must collect data from at least four equally spaced periods 
each hour.
    (3) For at least 75 percent of the hours in an operating day, you 
must have valid data (as defined in your site-specific monitoring plan) 
for at least four equally spaced periods each hour.
    (4) For each hour that you have valid data from at least four 
equally spaced periods, you must calculate the hourly average value 
using all valid data.
    (5) You must calculate the daily average using all of the hourly 
averages calculated according to paragraph (a)(3) of this section for 
the 24-hour period.
    (6) You must record the results for each inspection, calibration, 
and validation check as specified in your site-specific monitoring plan.
    (b) For each temperature monitoring device, you must meet the 
requirements in paragraphs (a) and (b)(1) through (8) of this section.
    (1) Locate the temperature sensor in a position that provides a 
representative temperature.
    (2) For a non-cryogenic temperature range, use a temperature sensor 
with a minimum measurement sensitivity of 2.2 degrees centigrade or 0.75 
percent of the temperature value, whichever is larger.
    (3) For a cryogenic temperature range, use a temperature sensor with 
a minimum measurement sensitivity of 2.2 degrees centigrade or 2 percent 
of the temperature value, whichever is larger.
    (4) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (5) If a chart recorder is used, it must have a sensitivity in the 
minor division of at least 20 degrees Fahrenheit.

[[Page 1281]]

    (6) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed near the process temperature sensor must yield a reading 
within 16.7 degrees centigrade 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, inspect all components for integrity and all 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (c) For each integrating regeneration stream flow monitoring device 
associated with a carbon adsorber, you must meet the requirements in 
paragraphs (a) and (c)(1) and (2) of this section.
    (1) Use a device that has an accuracy of 10 
percent or better.
    (2) Use a device that is capable of recording the total regeneration 
stream mass or volumetric flow for each regeneration cycle.
    (d) For any other control device, or for other capture systems, 
ensure that the CPMS is operated according to a monitoring plan 
submitted to the Administrator with the Notification of Compliance 
Status report required by Sec. 63.9(h). The monitoring plan must meet 
the requirements in paragraphs (a) and (d)(1) through (3) of this 
section. Conduct monitoring in accordance with the plan submitted to the 
Administrator unless comments received from the Administrator require an 
alternate monitoring scheme.
    (e) For each pressure differential monitoring device, you must meet 
the requirements in paragraphs (a) and (e)(1) and (2) of this section.
    (1) Conduct a quarterly EPA Method 2 procedure (found in 40 CFR part 
60, appendix A) on the applicable NDOs and use the results to calibrate 
the pressure monitor if the difference in results are greater than 10 
percent.
    (2) Inspect the NDO monthly to ensure that their size has not 
changed, that there are no new NDO, and that no HAP sources have been 
moved closer to the NDO than when the last performance test was 
conducted.

[67 FR 45598, July 9, 2002, as amended at 85 FR 44762, July 24, 2020]



Sec. 63.5996  How do I demonstrate initial compliance with the emission 
limits for tire production affected sources?

    (a) You must demonstrate initial compliance with each emission limit 
that applies to you according to Table 6 to this subpart.
    (b) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.6009(e).

  Testing and Initial Compliance Requirements for Tire Cord Production 
                            Affected Sources



Sec. 63.5997  How do I conduct tests and procedures for tire cord
production affected sources?

    (a) Methods to determine the mass percent of each HAP in coatings. 
(1) To determine the HAP content in the coating used at your tire cord 
production affected source, use EPA Method 311 of appendix A of this 
part, an approved alternative method, or any other reasonable means for 
determining the HAP content of your coatings. Other reasonable means 
include, but are not limited to: an MSDS, provided it contains 
appropriate information; a CPDS; or a manufacturer's HAP data sheet. You 
are not required to test the materials that you use, but the 
Administrator may require a test using EPA Method 311 (or an approved 
alternative method) to confirm the reported HAP content. If the results 
of an analysis by EPA Method 311 are different from the HAP content 
determined by another means, the EPA Method 311 results will govern 
compliance determinations.
    (2) Unless you demonstrate otherwise, the HAP content analysis must 
be based on coatings prior to any cross-linking reactions, i.e., curing. 
However, you may account for differences in HAP emissions resulting from 
chemical reactions based on the conversion rates of the individual 
coating formulations, chemistry demonstrations, or

[[Page 1282]]

other demonstrations that are verifiable to the approving agency. Use 
the revised value in your compliance demonstration in the relevant 
equations in paragraph (b) of this section.
    (b) Methods to determine compliance with the emission limits in 
Table 2 to this subpart, option 1. Use the equations in this paragraph 
(b) to demonstrate initial and continuous compliance with the emission 
limits for tire cord production sources using the compliance 
alternatives described in Sec. 63.5987(a) and (b).
    (1) Determine mass percent of HAP. Determine the mass percent of all 
HAP in each coating according to the procedures in paragraph (a) of this 
section.
    (2) Compliance without use of an add-on control device. If you do 
not use an add-on control device to meet the emission limits, use 
Equation 1 of this section to calculate the monthly HAP emission rate in 
grams of HAP emitted per megagram of fabric processed at the tire cord 
production source to show that the monthly average HAP emissions do not 
exceed the emission limits in Table 2 to this subpart, option 1. 
Equation 1 follows:
[GRAPHIC] [TIFF OMITTED] TR09JY02.004

Where:

Emonth = mass of all HAP emitted per total mass of fabric 
          processed in the month, grams per megagram.
HAPi = mass percent, expressed as a decimal, of all HAP in 
          the coating i, prior to curing and including any application 
          station dilution, determined in accordance with paragraph (a) 
          of this section.
TCOATi = total mass of coating i made and used for 
          application to fabric at the facility in the month, grams.
n = number of coatings used in the month.
TFAB = total mass of fabric processed in the month, megagrams.

    (3) Compliance with use of an add-on control device. If you use a 
control device to meet the emission limits, use Equation 2 of this 
section to calculate the monthly HAP emission rate in grams of HAP 
emitted per megagram of fabric processed to show that the monthly 
average HAP emissions do not exceed the HAP emission limit in Table 2 of 
this subpart, option 1. Equation 2 follows:
[GRAPHIC] [TIFF OMITTED] TR09JY02.005

Where:

Emonth = mass of all HAP emitted per total mass of fabric 
          processed in the month, grams per megagram.
HAPi = mass percent, expressed as a decimal, of all HAP in 
          coating i, prior to curing and including any application 
          stations dilution, determined in accordance with paragraph (a) 
          of this section, for coatings used in the month in processes 
          that are not routed to a control device.
TCOATi = total mass of coating i made and used for 
          application to fabric at the facility in the month in 
          processes that are not routed to a control device, grams.
n = number of coatings used in the month in processes that are not 
          routed to a control device.
HAPj = mass percent, expressed as a decimal, of all HAP in 
          coating j, prior to curing and including any application 
          station dilution, determined in accordance with paragraph (a) 
          of this section, for coatings used in the month in processes 
          that are routed to a control device during operating days, 
          which are defined as days when the control system is operating 
          within the operating range established during the performance 
          test and when monitoring data are collected.
TCOATj = total mass of coating j made and used for 
          application to fabric at the facility in the month in 
          processes that are routed to a control device during all 
          operating days, grams.
EFF = efficiency of the control system determined during the performance 
          test (capture system efficiency multiplied by the control 
          device efficiency), percent.
m = number of coatings used in the month that are routed to a control 
          device during all operating days.
HAPk = mass percent, expressed as a decimal, of all HAP in 
          coating k, prior to curing

[[Page 1283]]

          and including any application station dilution, for coatings 
          used in the month in processes that are routed to a control 
          device during non-control operating days, which are defined as 
          days when either the control system is not operating within 
          the operating range established during the performance test or 
          when monitoring data are not collected.
TCOATk = total mass of coating k made and used for 
          application to fabric at the facility in the month in 
          processes that are routed to a control device during all non-
          control operating days, grams.
p = number of coatings used in the month that are routed to a control 
          device during all non-control operating days.
TFAB = total mass of fabric processed in the month, megagrams.

    (4) Each monthly calculation is a compliance demonstration for the 
purpose of this subpart.
    (c) Methods to determine compliance with the emission limits in 
table 2 of this subpart, option 2. Use the equations in this paragraph 
(c) to demonstrate initial and continuous compliance with the emission 
limits for tire cord production sources using the compliance 
alternatives described in Sec. 63.5987(a) and (b).
    (1) Determine the mass percent of each HAP in each coating according 
to the procedures in paragraph (a) of this section.
    (2) Use Equation 3 of this section to calculate the monthly average 
HAP emission rate when complying by using coatings without using an add-
on control device to show that the monthly average HAP emissions do not 
exceed the emission limits in Table 2 to this subpart, option 2. 
Equation 3 follows:
[GRAPHIC] [TIFF OMITTED] TR09JY02.006

Where:

Emonth = mass of the specific HAP emitted per total mass of 
          coatings from all coatings made and used in tire cord fabric 
          production per month, grams per megagram.
HAPi = mass percent, expressed as a decimal, of the specific 
          HAP in the coating i, prior to curing and including any 
          application station dilution, determined in accordance with 
          paragraph (a) of this section.
TCOATi = total mass of coating i made and used for 
          application to fabric at the facility in the month, grams.
n = number of coatings used in the month.

    (3) Use Equation 4 of this section to calculate the monthly average 
HAP emission rate when complying by using an add-on control device to 
show that the monthly average HAP emissions do not exceed the emission 
limits in table 2 to this subpart, option 2. Equation 4 follows:
[GRAPHIC] [TIFF OMITTED] TR09JY02.007

Where:

Emonth = mass of the specific HAP emitted per total mass of 
          coatings from all coatings made and used in tire cord fabric 
          production per month, grams per megagram.
HAPi = mass percent, expressed as a decimal, of the specific 
          HAP in coating i, prior to curing and including any 
          application station dilution, determined in accordance with 
          paragraph (a) of this section, for

[[Page 1284]]

          coatings used in the month in processes that are not routed to 
          a control device.
TCOATi = total mass of coating i made and used for 
          application to fabric at the facility in the month in 
          processes that are not routed to a control device, grams.
n = number of coatings used in the month in processes that are not 
          routed to a control device.
HAPj = mass percent, expressed as a decimal, of the specific 
          HAP in coating j, prior to curing and including any 
          application station dilution, determined in accordance with 
          paragraph (a) of this section, for coatings used in the month 
          in processes that are routed to a control device during 
          operating days, which are defined as days when the control 
          system is operating within the operating range established 
          during the performance test and when monitoring data are 
          collected.
TCOATj = total mass of coating i made and used for 
          application to fabric at the facility in the month in 
          processes that are routed to a control device during all 
          operating days, grams.
EFF = efficiency of the control system determined during the performance 
          test (capture system efficiency multiplied by the control 
          device efficiency), percent.
m = number of coatings used in the month that are routed to a control 
          device during all operating days.
HAPk = mass percent, expressed as a decimal, of the specific 
          HAP in coating k, prior to curing and including any 
          application station dilution, for coatings used in the month 
          in processes that are routed to a control device during non-
          control operating days, which are defined as days when either 
          the control system is not operating within the operating range 
          established during the performance test or when monitoring 
          data are not collected.
TCOATk = total mass of coating i made and used for 
          application to fabric at the facility in the month in 
          processes that are routed to a control device during all non-
          control operating days, grams.
p = number of coatings used in the month that are routed to a control 
          device during all non-control operating days.

    (4) Each monthly calculation is a compliance demonstration for the 
purpose of this subpart.
    (d) Specific compliance demonstration requirements for tire cord 
production affected sources. (1) Conduct any required compliance 
demonstrations according to the requirements in Sec. 63.5993.
    (2) Conduct the compliance demonstration using coatings with average 
mass percent HAP content that are representative of the coatings 
typically used at your tire cord production affected source.
    (3) Establish an operating range that corresponds to the control 
efficiency as described in Table 5 to this subpart.
    (e) How to take credit for HAP emissions reductions from add-on 
control devices. If you want to take credit in Equations 2 and 4 of this 
section for HAP emissions reduced using a control system, you must meet 
the requirements in paragraphs (e)(1) and (2) of this section.
    (1) Monitor the established operating parameters as appropriate.
    (i) If you use a thermal oxidizer, continuously monitor the firebox 
secondary chamber temperature.
    (ii) If you use a carbon adsorber, monitor the total regeneration 
stream mass or volumetric flow for each regeneration cycle and the 
carbon bed temperature after each regeneration and within 15 minutes of 
completing any cooling cycle.
    (iii) If you use a control device other than a thermal oxidizer or a 
regenerative carbon adsorber, install and operate a continuous parameter 
monitoring system according to your site-specific performance test plan 
submitted according to Sec. 63.7(c)(2)(i).
    (iv) If you use a permanent total enclosure, monitor the face 
velocity across the NDO in the enclosure. Also, if you use an enclosure, 
monitor to ensure that the sizes of the NDO have not changed, that there 
are no new NDO, and that a HAP emission source has not been moved closer 
to an NDO since the last performance test was conducted.
    (v) If you use other capture systems, monitor the parameters 
identified in your monitoring plan.
    (2) Maintain the operating parameter within the operating range 
established during the compliance demonstration.
    (f) How to take credit for HAP emissions reductions when streams are 
combined. When performing material balances to demonstrate compliance, 
if the storage of materials, exhaust, or the wastewater from more than 
one affected source are combined at the point where control systems are 
applied, any credit for emissions reductions needs to be prorated among 
the affected sources

[[Page 1285]]

based on the ratio of their contribution to the uncontrolled emissions.



Sec. 63.5998  What are my monitoring installation, operation,
and maintenance requirements?

    For each operating parameter that you are required by Sec. 
63.5997(e)(1) to monitor, you must install, operate, and maintain a 
continuous parameter monitoring system according to the provisions in 
Sec. 63.5995(a) through (e).



Sec. 63.5999  How do I demonstrate initial compliance with the
emission limits for tire cord production affected sources?

    (a) You must demonstrate initial compliance with each emission limit 
that applies to you according to Table 7 to this subpart.
    (b) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.6009(e).

    Testing and Initial Compliance Requirements for Puncture Sealant 
                      Application Affected Sources



Sec. 63.6000  How do I conduct tests and procedures for puncture
sealant application affected sources?

    (a) Methods to determine compliance with the puncture sealant 
application emission limitations in Table 3 to this subpart. Use the 
methods and equations in paragraph (b) of this section to demonstrate 
initial and continuous compliance with the overall control efficiency 
compliance alternatives described in Sec. 63.5989(a) and (b). Use the 
methods and equations in paragraphs (c) through (g) of this section to 
demonstrate initial and continuous compliance with the HAP constituent 
compliance alternative described in Sec. 63.5989(c) and (d).
    (b) Methods to determine compliance with the emission limits in 
Table 3 to this subpart, option 1. Follow the test procedures described 
in Sec. 63.5993 to determine the overall control efficiency of your 
system.
    (1) You must also meet the requirements in paragraphs (b)(1)(i) and 
(ii) of this section.
    (i) Conduct the performance test using a puncture sealant with an 
average mass percent HAP content that is representative of the puncture 
sealants typically used at your puncture sealant application affected 
source.
    (ii) Establish all applicable operating limit ranges that correspond 
to the control system efficiency as described in Table 5 to this 
subpart.
    (2) Use Equation 1 of this section to calculate the overall 
efficiency of the control system. If you have a permanent total 
enclosure that satisfies EPA Method 204 (found in 40 CFR part 51, 
appendix M) criteria, assume 100 percent capture efficiency for variable 
F. Equation 1 follows:
[GRAPHIC] [TIFF OMITTED] TR09JY02.008

Where:

R = overall control system efficiency, percent.
F = capture efficiency of the capture system on add-on control device, 
          percent, determined during the performance test.
E = control efficiency of add-on control device k, percent, determined 
          during the performance test.

    (3) Monitor the established operating limits as appropriate.
    (i) If you use a thermal oxidizer, monitor the firebox secondary 
chamber temperature.
    (ii) If you use a carbon adsorber, monitor the total regeneration 
stream mass or volumetric flow for each regeneration cycle, and the 
carbon bed temperature after each regeneration, and within 15 minutes of 
completing any cooling cycle.
    (iii) For each control device used other than a thermal oxidizer or 
a regenerative carbon adsorber, install and operate a continuous 
parameter monitoring system according to your site-specific performance 
test plan submitted according to Sec. 63.7(c)(2)(i).

[[Page 1286]]

    (iv) If you use a permanent total enclosure, monitor the face 
velocity across the NDO in the enclosure. Also, if you use an enclosure, 
monitor to ensure that the sizes of the NDO have not changed, that there 
are no new NDO, and that a HAP emission source has not been moved closer 
to an NDO since the last performance test was conducted.
    (v) If you use other capture systems, monitor the parameters 
identified in your monitoring plan.
    (vi) Maintain the operating parameter within the operating range 
established during the performance test.
    (c) Methods to determine the mass percent of each HAP in puncture 
sealants. To determine the HAP content in the puncture sealant used at 
your puncture sealant application affected source, use EPA Method 311 of 
appendix A of 40 CFR part 63, an approved alternative method, or any 
other reasonable means for determining the HAP content of your puncture 
sealants. Other reasonable means include, but are not limited to: an 
MSDS, provided it contains appropriate information; a CPDS; or a 
manufacturer's hazardous air pollutant data sheet. You are not required 
to test the materials that you use, but the Administrator may require a 
test using EPA Method 311 (or an approved alternative method) to confirm 
the reported HAP content. If the results of an analysis by EPA Method 
311 are different from the HAP content determined by another means, the 
EPA Method 311 results will govern compliance determinations.
    (d) Methods to determine compliance with the emission limits in 
Table 3 to this subpart, option 2. Use the equations in this paragraph 
(d) to demonstrate initial and continuous compliance with the HAP 
constituent emission limits for puncture sealant application affected 
sources using the compliance alternatives described in Sec. 63.5989(c) 
and (d).
    (1) Use Equation 2 of this section to calculate the monthly average 
HAP emission rate when complying by using puncture sealants without 
using an add-on control device to show that the monthly average HAP 
emissions do not exceed the emission limits in Table 3 to this subpart, 
option 2. Equation 2 follows:
[GRAPHIC] [TIFF OMITTED] TR09JY02.009

Where:

Emonth = mass of the specific HAP emitted per total mass of 
          puncture sealants from all puncture sealants used at the 
          puncture sealant affected source per month, grams per 
          megagram.
HAPi = mass percent, expressed as a decimal, of the specific 
          HAP in puncture sealant i, including any application booth 
          dilution, determined in accordance with paragraph (c) of this 
          section.
TPSEALi = total mass of puncture sealant i used in the month, 
          grams.
n = number of puncture sealants used in the month.

    (2) Use Equation 3 of this section to calculate the monthly average 
HAP emission rate when complying by using puncture sealants by using an 
add-on control device to show that the monthly average HAP emissions do 
not exceed the emission limits in Table 3 to this subpart, option 2. 
Equation 3 follows:

[[Page 1287]]

[GRAPHIC] [TIFF OMITTED] TR09JY02.010

Where:

Emonth = mass of the specific HAP emitted per total mass of 
          puncture sealants used at the puncture sealant affected source 
          per month, grams per megagram.
HAPi = mass percent, expressed as a decimal, of the specific 
          HAP in puncture sealant i, including any application booth 
          dilution, determined in accordance with paragraph (c) of this 
          section for puncture sealants used in the month in processes 
          that are not routed to a control device.
TPSEALi = total mass of puncture sealant i used in the month 
          in processes that are not routed to a control device, gram.
n = number of puncture sealants used in the month in processes that are 
          not routed to a control device.
HAPj = mass percent, expressed as a decimal, of the specific 
          HAP, in puncture sealant j, including any application booth 
          dilution, determined in accordance with paragraph (c) of this 
          section, for puncture sealants used in the month in processes 
          that are routed to a control device during operating days, 
          which are defined as days when the control system is operating 
          within the operating range established during the performance 
          test and when monitoring data are collected.
TPSEALj = total mass of puncture sealant j used in the month 
          in processes that are routed to a control device during all 
          operating days, grams.
EFF = efficiency of the control system determined during the performance 
          test (capture system efficiency multiplied by the control 
          device efficiency), percent.
m = number of puncture sealants used in the month that are routed to a 
          control device during all operating days.
HAPk = mass percent, expressed as a decimal, of the specific 
          HAP, in puncture sealant k, including any application booth 
          dilution, for puncture sealants used in the month in processes 
          that are routed to a control device during non-control 
          operating days, which are defined as days when either the 
          control system is not operating within the operating range 
          established during the performance test or when monitoring 
          data are not collected.
TPSEALk = total mass of total mass of puncture sealant k used 
          in the month in processes that are routed to a control device 
          during all non-control operating days, grams.
p = number of puncture sealants used in the month that are routed to a 
          control device during all non-control operating days.

    (3) Each monthly calculation is a compliance demonstration for the 
purpose of this subpart.
    (e) Specific compliance demonstration requirements for puncture 
sealant application affected sources. (1) Conduct any required 
compliance demonstrations according to the requirements in Sec. 
63.5993.
    (2) Conduct the compliance demonstration using a puncture sealant 
with average mass percent HAP content that is representative of the 
puncture sealants typically used at your puncture sealant application 
affected source.
    (3) Establish an operating range that corresponds to the appropriate 
control efficiency described in Table 5 to this subpart.
    (f) How to take credit for HAP emissions reductions from add-on 
control devices. If you want to take credit in Equation 3 of this 
section for HAP emissions reduced using a control system, you must 
monitor the established operating parameters as appropriate and meet the 
requirements in paragraph (b)(3) of this section.
    (g) How to take credit for HAP emissions reductions when streams are 
combined. When performing material balances to demonstrate compliance, 
if the storage of materials, exhaust, or the wastewater from more than 
one affected source are combined at the point where control systems are 
applied, any credit for emissions reductions needs to be prorated among 
the affected sources based on the ratio of their contribution to the 
uncontrolled emissions.

[[Page 1288]]



Sec. 63.6001  What are my monitoring installation, operation
, and maintenance requirements?

    For each operating limit that you are required by Sec. 
63.6000(b)(3) to monitor or each operating parameter that you are 
required by Sec. 63.6000(f) to monitor, you must install, operate, and 
maintain a continuous parameter monitoring system according to the 
provisions in Sec. 63.5995(a) through (e).



Sec. 63.6002  How do I demonstrate initial compliance with 
the emission limits for puncture sealant application affected sources?

    (a) You must demonstrate initial compliance with each emission limit 
that applies to you according to Table 8 to this subpart.
    (b) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.6009(e).

 Continuous Compliance Requirements for Tire Production Affected Sources



Sec. 63.6003  How do I monitor and collect data to demonstrate
continuous compliance with the emission limits for tire production
affected sources?

    (a) You must monitor and collect data as specified in Table 9 to 
this subpart.
    (b) Except for periods of 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) while the affected source is operating. This 
includes periods of startup, shutdown, and malfunction when the affected 
source is operating.
    (c) In data average calculations and calculations used to report 
emission or operating levels, you may not use data recorded during 
periods of monitoring malfunctions or associated repairs, or recorded 
during required quality assurance or control activities. Such data may 
not 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.



Sec. 63.6004  How do I demonstrate continuous compliance with the
emission limits for tire production affected sources?

    (a) You must demonstrate continuous compliance with each applicable 
limit in Table 1 to this subpart using the methods specified in Table 10 
to this subpart.
    (b) You must report each instance in which you did not meet an 
emission limit in Table 1 to this subpart. You must also report each 
instance in which you did not meet the applicable requirements in Table 
10 to this subpart. These instances are deviations from the emission 
limits in this subpart. The deviations must be reported in accordance 
with the requirements in Sec. 63.6010(e).
    (c) You also must meet the following requirements if you are 
complying with the purchase alternative for tire production sources 
described in Sec. 63.5985(a):
    (1) If, after you submit the Notification of Compliance Status, you 
use a cement or solvent for which you have not previously verified 
percent HAP mass using the methods in Sec. 63.5994(a), you must verify 
that each cement and solvent used in the affected source meets the 
emission limit, using any of the methods in Sec. 63.5994(a).
    (2) You must update the list of all the cements and solvents used at 
the affected source.
    (3) With the compliance report for the reporting period during which 
you used the new cement or solvent, you must submit the updated list of 
all cements and solvents and a statement certifying that, as purchased, 
each cement and solvent used at the affected source during the reporting 
period met the emission limits in table 1 to this subpart.

[[Page 1289]]

  Continuous Compliance Requirements for Tire Cord Production Affected 
                                 Sources



Sec. 63.6005  How do I monitor and collect data to demonstrate continuous
compliance with the emission limits for tire cord production affected sources?

    (a) You must monitor and collect data to demonstrate continuous 
compliance with the emission limits for tire cord production affected 
sources as specified in table 11 to this subpart.
    (b) You must monitor and collect data according to the requirements 
in Sec. 63.6003(b) and (c).



Sec. 63.6006  How do I demonstrate continuous compliance with the emission
limits for tire cord production affected sources?

    (a) You must demonstrate continuous compliance with each applicable 
emission limit in table 2 to this subpart using the methods specified in 
table 12 to this subpart.
    (b) You must report each instance in which you did not meet an 
applicable emission limit in table 2 to this subpart. You must also 
report each instance in which you did not meet the applicable 
requirements in table 12 to this subpart. These instances are deviations 
from the emission limits in this subpart. The deviations must be 
reported in accordance with the requirements in Sec. 63.6010(e).

  Continuous Compliance Requirements for Puncture Sealant Application 
                            Affected Sources



Sec. 63.6007  How do I monitor and collect data to demonstrate continuous
compliance with the emission limitations for puncture sealant application affected 
          sources?

    (a) You must monitor and collect data to demonstrate continuous 
compliance with the emission limitations for puncture sealant 
application affected sources as specified in table 13 to this subpart.
    (b) You must monitor and collect data according to the requirements 
in Sec. 63.6003(b) and (c).



Sec. 63.6008  How do I demonstrate continuous compliance with the emission
limitations for puncture sealant application affected sources?

    (a) You must demonstrate continuous compliance with each applicable 
emission limitation in tables 3 and 4 to this subpart using the methods 
specified in Table 14 to this subpart.
    (b) You must report each instance in which you did not meet an 
applicable emission limit in table 3 to this subpart. You must also 
report each instance in which you did not meet the applicable 
requirements in table 14 to this subpart. These instances are deviations 
from the emission limits in this subpart. The deviations must be 
reported in accordance with the requirements in Sec. 63.6010(e).

                   Notifications, Reports, and Records



Sec. 63.6009  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 (6), and 63.9 (b) through (e) and (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 July 9, 2002, you must submit an Initial Notification not 
later than November 6, 2002, 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 or 
reconstructed affected source on or after July 9, 2002, 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, design 
evaluation, or other initial compliance demonstration as specified in 
tables 5 through 8 to this subpart, you must submit a Notification of 
Compliance Status according to Sec. 63.9(h)(2)(ii). The Notification 
must contain the information listed in table

[[Page 1290]]

15 to this subpart for compliance reports. The Notification of 
Compliance Status must be submitted according to the following 
schedules, as appropriate:
    (1) For each initial compliance demonstration required in tables 6 
through 8 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) Before January 21, 2021, for each initial compliance 
demonstration required in tables 6 through 8 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). After January 20, 2021, 
for each initial compliance demonstration required in tables 6 through 8 
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. Sec. 
63.10(d)(2) and 63.6010(h)(1) through (3).
    (f) For each tire production affected source, the Notification of 
Compliance Status must also identify the emission limit option in Sec. 
63.5984 and the compliance alternative in Sec. 63.5985 that you have 
chosen to meet.
    (g) For each tire production affected source complying with the 
purchase compliance alternative in Sec. 63.5985(a), the Notification of 
Compliance Status must also include the information listed in paragraphs 
(g)(1) and (2) of this section.
    (1) A list of each cement and solvent, as purchased, that is used at 
the affected source and the manufacturer or supplier of each.
    (2) The individual HAP content (percent by mass) of each cement and 
solvent that is used.
    (h) For each tire production or tire cord production affected source 
using a control device, the Notification of Compliance Status must also 
include the information in paragraphs (h) (1) and (2) of this section 
for each operating parameter in Sec. Sec. 63.5994(e)(1) and 
63.5997(e)(1) that applies to you.
    (1) The operating parameter value averaged over the full period of 
the performance test (e.g., average secondary chamber firebox 
temperature over the period of the performance test was 1,500 degrees 
Fahrenheit).
    (2) The operating parameter range within which HAP emissions are 
reduced to the level corresponding to meeting the applicable emission 
limits in tables 1 and 2 to this subpart.
    (i) For each puncture sealant application affected source using a 
control device, the Notification of Compliance Status must include the 
information in paragraphs (i)(1) and (2) of this section for each 
operating limit in Sec. 63.6000(b)(3) and each operating parameter in 
Sec. 63.6000(f).
    (1) The operating limit or operating parameter value averaged over 
the full period of the performance test.
    (2) The operating limit or operating parameter range within which 
HAP emissions are reduced to the levels corresponding to meeting the 
applicable emission limitations in table 3 to this subpart.
    (j) For each tire cord production affected source required to assess 
the predominant use for coating web substrates as required by Sec. 
63.5981(b), you must submit a notice of the results of the reassessment 
within 30 days of completing the reassessment. The notice shall specify 
whether this subpart XXXX is still the applicable subpart and, if it is 
not, which part 63 subpart is applicable.
    (k) You must submit to the Administrator notification reports of the 
following recorded information. Beginning on January 21, 2021 or once 
the reporting form has been available on the Compliance and Emissions 
Data Reporting Interface (CEDRI) website for 1-year, whichever date is 
later, you must submit all subsequent notification of compliance status 
reports required in Sec. Sec. 63.9(h) and 63.6009(d) through (i) to the 
EPA via the CEDRI.

[[Page 1291]]

The CEDRI interface can be accessed through the EPA's Central Data 
Exchange (CDX) (https://cdx.epa.gov). You must use the appropriate 
electronic report form (i.e., template) on the CEDRI website (https://
www.epa.gov/electronic- reporting-air-emissions/cedri) for this subpart. 
The date on which the report form becomes available will be listed on 
the CEDRI website. If the reporting form for the notification of 
compliance status report 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 addresses listed in Sec. 63.13. 
Once the form has been available in CEDRI for 1 year, you must begin 
submitting all subsequent notification of compliance status reports via 
CEDRI. The applicable notification must be submitted by the deadline 
specified in this subpart, regardless of the method in which the report 
is submitted. 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. Although we do not expect persons to assert a claim 
of CBI, if persons wish to assert a CBI, if you claim that 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 electronic reporting form found 
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 
shall be submitted to the EPA via the EPA's CDX CEDRI as described 
earlier in this paragraph. 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. Where applicable, 
you may assert a claim of the EPA system outage, in accordance with 
Sec. 63.6010(i), or force majeure, in accordance with Sec. 63.6010(j), 
for failure to timely comply with this requirement.

[67 FR 45598, July 9, 2002, as amended at 85 FR 44762, July 24, 2020; 85 
FR 73911, Nov. 19, 2020]



Sec. 63.6010  What reports must I submit and when?

    (a) You must submit each applicable report in table 15 to this 
subpart.
    (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 15 to this subpart and according to the 
requirements 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. 
63.5983 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. 63.5983.
    (2) Before January 21, 2021, the first semiannual 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. 
63.5983. After January 20, 2021, the first semiannual compliance report 
must be submitted electronically via CEDRI 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. 63.5983.
    (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) Before January 21, 2021, each subsequent semiannual 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. After January 20, 2021,

[[Page 1292]]

each subsequent semiannual compliance report must be submitted 
electronically via CEDRI 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 subparts 
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.
    (c) The compliance report must contain information specified in 
paragraphs (c)(1) through (10) 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) Before January 21, 2021, if you had a startup, shutdown and 
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). After January 20, 
2021, a startup, shutdown, and malfunction plan is not required.
    (5) 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.
    (6) If there were no periods during which the 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 operating 
parameter monitoring systems or CPMS were out-of-control during the 
reporting period.
    (7) Before January 21, 2021, for each tire production affected 
source, the emission limit option in Sec. 63.5984 and the compliance 
alternative in Sec. 63.5985 that you have chosen to meet. After January 
20, 2021, for each tire production affected source, the emission limit 
option in Sec. 63.5984 and the compliance alternative in Sec. 63.5985 
that you have chosen to meet. If you have chosen the same emission limit 
option and compliance alternative for every tire production affected 
source at your facility, then you may report the emission limit option 
and compliance alternative for the facility rather than for each tire 
production affected source.
    (8) For each tire production affected source complying with the 
purchase compliance alternative in Sec. 63.5985(a), and for each annual 
reporting period during which you use a cement and solvent that, as 
purchased, was not included in the list submitted with the Notification 
of Compliance Status in Sec. 63.6009(g), an updated list of all cements 
and solvents used, as purchased, at the affected source. You must also 
include a statement certifying that each cement and solvent, as 
purchased, that was used at the affected source during the reporting 
period met the HAP constituent limits (option 1) in table 1 to this 
subpart.
    (9) For each tire cord production affected source, the emission 
limit option in Sec. 63.5986 and the compliance alternative in Sec. 
63.5987 that you have chosen to meet.
    (10) For each puncture sealant application affected source, the 
emission limit option in Sec. 63.5988 and the compliance alternative in 
Sec. 63.5989 that you have chosen to meet.
    (d) Before January 21, 2021, for each deviation from an emission 
limitation (emission limit or operating limit) that occurs at an 
affected source where you are not using a CPMS to comply with the 
emission limitations in this subpart, the compliance report must contain 
the information in paragraphs (c)(1) through (4) and paragraphs (d)(1) 
and (2) of this section. This includes periods of startup, shutdown, and 
malfunction when the affected source is operating. After January 20, 
2021, for each deviation from an emission limitation (emission limit or 
operating limit) that occurs at an affected source where you are not 
using a CPMS to comply with the emission limitations in this subpart, 
the compliance report

[[Page 1293]]

must contain the information in paragraphs (c)(1) through (3) and (d)(1) 
through (3) of this section. This includes periods of startup, shutdown, 
and malfunction when the affected source is operating.
    (1) Before January 20, 2021 the total operating time of each 
affected source during the reporting period. After January 20, 2021, 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) Before January 20, 2021 information on the number, duration, and 
cause of deviations (including unknown cause, if applicable) and the 
corrective action taken. After January 20, 2021, for each failure to 
meet an applicable standard, record and retain a list of the cause of 
deviations (including unknown cause, if applicable), affected sources or 
equipment, an estimate of the quantity of each regulated pollutant 
emitted over any emission limit and a description of the method used to 
estimate the emissions.
    (3) After January 20, 2021, record actions taken to minimize 
emissions in accordance with Sec. 63.5990, and any corrective actions 
taken to return the affected unit to its normal or usual manner of 
operation.
    (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 10 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) which includes all required information 
concerning deviations from any emission limitation (including any 
operating limit) or work practice requirement 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.
    (f) Upon notification to the Administrator that a tire production 
affected source has eliminated or reformulated cement and solvent so 
that the source can demonstrate compliance using the purchase 
alternative in Sec. 63.5985(a), future compliance reports for this 
affected source may be submitted annually.
    (g) Before July 24, 2021, or once the reporting form has been 
available on the CEDRI website for 1-year, whichever date is later, if 
acceptable to both the Administrator and you, you may submit reports and 
notifications electronically. Beginning on July 24, 2021, or once the 
reporting form has been available on the CEDRI website for 1-year, 
whichever date is later, you must submit compliance reports required in 
Sec. 63.6010(c)(1) through (10), as applicable, to the EPA via the 
CEDRI. The CEDRI interface can be accessed through the EPA's CDX 
(https://cdx.epa.gov). You must use the appropriate electronic report 
form on the CEDRI website (https://www.epa.gov/electronic- reporting-
air-emissions/cedri) for this subpart. The date on which the report form 
becomes available will be listed on the CEDRI website. If the reporting 
form for the compliance report 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 addresses listed in Sec. 63.13. 
Once the form has been available in CEDRI for 1-year, you must begin 
submitting all subsequent reports via CEDRI. The reports must be 
submitted by the deadlines specified in this subpart, regardless of the 
method in which the reports are submitted. 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 
persons wish to assert a CBI, if you claim that some of the information 
required to be submitted via CEDRI is CBI, submit a complete report, 
including information

[[Page 1294]]

claimed to be CBI, to the EPA. The report must be generated using the 
appropriate electronic reporting form found 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 shall be submitted to the 
EPA via the EPA's CDX CEDRI as described earlier in this paragraph. 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) After January 20, 2021, if you use a control system (add-on 
control device and capture system) to meet the emission limitations, you 
must also conduct a performance test at least once every 5 years 
following your initial compliance demonstration to verify control system 
performance and reestablish operating parameters or operating limits for 
control systems used to comply with the emissions limits. 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 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 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) CBI. If you claim some of the information submitted under 
paragraph (h) 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 (h) 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.
    (i) After January 20, 2021 if you are required to electronically 
submit a report or notification (i.e., Notification of Compliance Status 
Report) through CEDRI in the EPA's CDX, you may assert a claim of the 
EPA system outage for failure to timely comply with the reporting 
requirement. To assert a claim of the 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 or notification within the time prescribed 
due to an outage of either the EPA's CEDRI or CDX systems.

[[Page 1295]]

    (2) The outage must have occurred within the period of time 
beginning 5 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 the 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 the 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 or notification must be 
submitted electronically as soon as possible after the outage is 
resolved.
    (j) After January 20, 2021 if you are required to electronically 
submit a report or notification (i.e., Notification of Compliance Status 
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 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.

[67 FR 45598, July 9, 2002, as amended at 85 FR 44762, July 24, 2020]



Sec. 63.6011  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) Records of performance tests as required in Sec. 
63.10(b)(2)(viii).
    (3) Before January 21, 2021, the records in Sec. 63.6(e)(3)(iii) 
through (v) related to startup, shutdown, and malfunction. After January 
20, 2021, it is

[[Page 1296]]

not required to keep records in Sec. 63.6(e)(3)(iii) through (v) 
related to startup, shutdown, and malfunction.
    (b) For each tire production affected source, you must keep the 
records specified in Table 9 to this subpart to show continuous 
compliance with each emission limit that applies to you.
    (c) For each tire cord production affected source, you must keep the 
records specified in Table 11 to this subpart to show continuous 
compliance with each emission limit that applies to you.
    (d) For each puncture sealant application affected source, you must 
keep the records specified in Table 13 to this subpart to show 
continuous compliance with each emission limit that applies to you.
    (e) After January 20, 2021 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.

[67 FR 45598, July 9, 2002, as amended at 85 FR 44764, July 24, 2020]



Sec. 63.6012  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. 63.6013  What parts of the General Provisions apply to me?

    Table 17 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.6014  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the United 
States Environmental Protection Agency, or a delegated authority such as 
your State, local, or tribal agency. If the U.S. EPA 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 listed in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.5981 through 63.5984, 63.5986, and 63.5988.
    (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.



Sec. 63.6015  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act and in 
Sec. 63.2, the General Provisions. The following are additional 
definitions of terms used in this subpart:

[[Page 1297]]

    As purchased means the condition of a cement and solvent as 
delivered to the facility, prior to any mixing, blending, or dilution.
    Capture system means a hood, enclosed room, or other means of 
collecting organic HAP emissions into a closed-vent system that conveys 
these emissions to a control device.
    Cements and solvents means the collection of all organic chemicals, 
mixtures of chemicals, and compounds used in the production of rubber 
tires, including cements, solvents, and mixtures used as process aids. 
Cements and solvents include, but are not limited to, tread end cements, 
undertread cements, bead cements, tire building cements and solvents, 
green tire spray, blemish repair paints, side wall protective paints, 
marking inks, materials used to clean process equipment, and slab dip 
mixtures. Cements and solvents do not include coatings or process aids 
used in tire cord production, puncture sealant application, rubber 
processing, or materials used to construct, repair, or maintain process 
equipment, or chemicals and compounds that are not used in the tire 
production process such as materials used in routine janitorial or 
facility grounds maintenance, office supplies (e.g., dry-erase markers, 
correction fluid), architectural paint, or any substance to the extent 
it is used for personal, family, or household purposes, or is present in 
the same form and concentration as a product packaged for distribution 
to and use by the general public.
    Coating means a compound or mixture of compounds that is applied to 
a fabric substrate in the tire cord production operation that allows the 
fabric to be prepared (e.g., by heating, setting, curing) for 
incorporation into a rubber tire.
    Components of rubber tires means any piece or part used in the 
manufacture of rubber tires that becomes an integral portion of the 
rubber tire when manufacture is complete and includes mixed rubber 
compounds, sidewalls, tread, tire beads, and liners. Other components 
often associated with rubber tires such as wheels, valve stems, tire 
bladders and inner tubes are not considered components of rubber tires 
for the purposes of these standards. Tire cord and puncture sealant, 
although components of rubber tires, are considered as separate affected 
sources in these standards and are defined separately.
    Control device means a combustion device, recovery device, recapture 
device, or any combination of these devices used for recovering or 
oxidizing organic hazardous air pollutant vapors. Such equipment 
includes, but is not limited to, absorbers, carbon adsorbers, 
condensers, incinerators (oxidizers), flares, boilers, and process 
heaters.
    Control system efficiency means the percent of total volatile 
organic compound emissions, as measured by EPA Method 25 or 25A (40 CFR 
part 60, appendix A), recovered or destroyed by a control device 
multiplied by the percent of total volatile organic compound emissions, 
as measured by Method 25 or 25A, that are captured and conveyed to the 
control device.
    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 January 21, 2021, fails to meet any emission limitation 
(including any operating limit) or work practice standard in this 
subpart during startup, shutdown, and malfunction, regardless of whether 
or not such failure is permitted by this subpart. On and after January 
21, 2021, this paragraph no longer applies.
    Emission limitation means any emission limit, opacity limit, 
operating limit, or visible emission limit.
    Fabric processed means the amount of fabric coated and finished for 
use in subsequent product manufacturing.
    Mixed rubber compound means the material, commonly referred to as 
rubber, from which rubber tires and components of rubber tires are 
manufactured.

[[Page 1298]]

For the purposes of this definition, mixed rubber compound refers to the 
compound that leaves the rubber mixing process (e.g., banburys) and is 
then processed into components from which rubber tires are manufactured.
    Monthly operating period means the period in the Notification of 
Compliance Status report comprised of the number of operating days in 
the month.
    Operating day means the period defined in the Notification of 
Compliance Status report. It may be from midnight to midnight or a 
portion of a 24-hour period.
    Process aid means a solvent, mixture, or cement used to facilitate 
or assist in tire component identification; component storage; tire 
building; tire curing; and tire repair, finishing, and identification.
    Puncture sealant means a mixture that may include, but is not 
limited to, solvent constituents, mixed rubber compound, and process oil 
that is applied to the inner liner of a finished tire for the purpose of 
sealing any future hole which might occur in the tread when an object 
penetrates the tire.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Rubber means the sum of the materials (for example, natural rubber, 
synthetic rubber, carbon black, oils, sulfur) that are combined in 
specific formulations for the sole purpose of making rubber tires or 
components of rubber tires.
    Rubber mixing means the physical process of combining materials for 
use in rubber tire manufacturing to make mixed rubber compound using the 
collection of banburys and associated drop mills.
    Rubber tire means a continuous solid or pneumatic cushion typically 
encircling a wheel and usually consisting, when pneumatic, of an 
external rubber covering.
    Rubber used means the total mass of mixed rubber compound delivered 
to the tire production operations in a tire manufacturing facility 
(e.g., the collection of warm-up mills, extruders, calendars, tire 
building, or other tire component and tire manufacturing equipment).
    Tire cord means any fabric (e.g., polyester, cotton) that is treated 
with a coating mixture that allows the fabric to more readily accept 
impregnation with rubber to become an integral part of a rubber tire.

[67 FR 45598, July 9, 2002, as amended at 68 FR 11747, Mar. 12, 2003; 85 
FR 44764, July 24, 2020]



   Sec. Table 1 to Subpart XXXX of Part 63--Emission Limits for Tire 
                       Production Affected Sources

    As stated in Sec. 63.5984, you must comply with the emission limits 
for each new, reconstructed, or existing tire production affected source 
in the following table:

------------------------------------------------------------------------
                                    You must meet the following emission
          For each . . .                           limits.
------------------------------------------------------------------------
1. Option 1--HAP constituent        a. Emissions of each HAP in Table 16
 option.                             to this subpart must not exceed
                                     1,000 grams HAP per megagram (2
                                     pounds per ton) of total cements
                                     and solvents used at the tire
                                     production affected source, and b.
                                     Emissions of each HAP not in Table
                                     16 to this subpart must not exceed
                                     10,000 grams HAP per megagram (20
                                     pounds per ton) of total cements
                                     and solvents used at the tire
                                     production affected source.
2. Option 2--production-based       Emissions of HAP must not exceed
 option.                             0.024 grams per megagram (0.00005
                                     pounds per ton) of rubber used at
                                     the tire production affected
                                     source.
------------------------------------------------------------------------



 Sec. Table 2 to Subpart XXXX of Part 63--Emission Limits for Tire Cord 
                       Production Affected Sources

    As stated in Sec. 63.5986, you must comply with the emission limits 
for tire cord production affected sources in the following table:

[[Page 1299]]



------------------------------------------------------------------------
                                    You must meet the following emission
          For each . . .                           limits.
------------------------------------------------------------------------
1. Option 1.a (production-based     Emissions must not exceed 280 grams
 option)--Existing tire cord         HAP per megagram (0.56 pounds per
 production affected source.         ton) of fabric processed at the
                                     tire cord production affected
                                     source.
2. Option 1.b (production-based     Emissions must not exceed 220 grams
 option)--New or reconstructed       HAP per megagram (0.43 pounds per
 tire cord production affected       ton) of fabric processed at the
 source.                             tire cord production affected
                                     source.
3. Option 2 (HAP constituent        a. Emissions of each HAP in Table 16
 option)--Existing, new or           to this subpart must not exceed
 reconstructed tire cord             1,000 grams HAP per megagram (2
 production affected source.         pounds per ton) of total coatings
                                     used at the tire cord production
                                     affected source, and
                                    b. Emissions of each HAP not in
                                     Table 16 to this subpart must not
                                     exceed 10,000 grams HAP per
                                     megagram (20 pounds per ton) of
                                     total coatings used at the tire
                                     cord production affected source.
------------------------------------------------------------------------



 Sec. Table 3 to Subpart XXXX of Part 63--Emission Limits for Puncture 
                  Sealant Application Affected Sources

    As stated in Sec. 63.5988(a), you must comply with the emission 
limits for puncture sealant application affected sources in the 
following table:

------------------------------------------------------------------------
                                    You must meet the following emission
          For each . . .                           limit.
------------------------------------------------------------------------
1. Option 1.a (percent reduction    Reduce spray booth HAP (measured as
 option)--Existing puncture          volatile organic compounds (VOC))
 sealant application spray booth.    emissions by at least 86 percent by
                                     weight.
2. Option 1.b (percent reduction    Reduce spray booth HAP (measured as
 option)--New or reconstructed       VOC) emissions by at least 95
 puncture sealant application        percent by weight.
 spray booth.
3. Option 2 (HAP constituent        a. Emissions of each HAP in Table 16
 option) Existing, new or            to this subpart must not exceed
 reconstructed puncture sealant      1,000 grams HAP per megagram (2
 application spray booth.            pounds per ton) of total puncture
                                     sealants used at the puncture
                                     sealant affected source, and
                                    b. Emissions of each HAP not in
                                     Table 16 to this subpart must not
                                     exceed 10,000 grams HAP per
                                     megagram (20 pounds per ton) of
                                     total puncture sealants used at the
                                     puncture sealant affected source.
------------------------------------------------------------------------



 Sec. Table 4 to Subpart XXXX of Part 63--Operating Limits for Puncture 
                   Sealant Application Control Devices

    As stated in Sec. 63.5988(b), you must comply with the operating 
limits for puncture sealant application affected sources in the 
following table unless you are meeting Option 2 (HAP constituent option) 
limits in Table 3 to this subpart:

------------------------------------------------------------------------
          For each . . .                       You must . . .
------------------------------------------------------------------------
1. Thermal oxidizer to which        Maintain the daily average firebox
 puncture sealant application        secondary chamber temperature
 spray booth emissions are ducted.   within the operating range
                                     established during the performance
                                     test.
2. Carbon adsorber (regenerative)   a. Maintain the total regeneration
 to which puncture sealant           mass, volumetric flow, and carbon
 application spray booth emissions   bed temperature at the operating
 are ducted.                         range established during the
                                     performance test.
                                    b. Reestablish the carbon bed
                                     temperature to the levels
                                     established during the performance
                                     test within 15 minutes of each
                                     cooling cycle.
3. Other type of control device to  Maintain your operating parameter(s)
 which puncture sealant              within the range(s) established
 application spray booth emissions   during the performance test and
 are ducted.                         according to your monitoring plan.
4. Permanent total enclosure        a. Maintain the face velocity across
 capture system.                     any NDO at least at the levels
                                     established during the performance
                                     test.
                                    b. Maintain the size of NDO, the
                                     number of NDO, and their proximity
                                     to HAP emission sources consistent
                                     with the parameters established
                                     during the performance test.
5. Other capture system...........  Maintain the operating parameters
                                     within the range(s) established
                                     during the performance test and
                                     according to your monitoring plan.
------------------------------------------------------------------------



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

    As stated in Sec. 63.5993, you must comply with the requirements 
for performance tests in the following table:

[[Page 1300]]



----------------------------------------------------------------------------------------------------------------
                                                                                      According to the following
       If you are using . . .            You must . . .            Using . . .            requirements . . .
----------------------------------------------------------------------------------------------------------------
1. A thermal oxidizer..............  a. Measure total HAP    i. Method 25 or 25A     (1). Measure total HAP
                                      emissions, determine    performance test and    emissions and determine
                                      destruction             data from the           the destruction efficiency
                                      efficiency of the       temperature             of the control device
                                      control device, and     monitoring system.      using Method 25 (40 CFR
                                      establish a site-                               part 60, appendix A). You
                                      specific firebox                                may use Method 25A (40 CFR
                                      secondary chamber                               part 60, appendix A) if:
                                      temperature limit at                            an exhaust gas volatile
                                      which the emission                              organic matter
                                      limit that applies to                           concentration of 50 parts
                                      the affected source                             per million (ppmv) or less
                                      is achieved.                                    is required to comply with
                                                                                      the standard; the volatile
                                                                                      organic matter
                                                                                      concentration at the inlet
                                                                                      to the control system and
                                                                                      the required level of
                                                                                      control are such that
                                                                                      exhaust volatile organic
                                                                                      matter concentrations are
                                                                                      50 ppmv or less; or
                                                                                      because of the high
                                                                                      efficiency of the control
                                                                                      device exhaust, is 50 ppmv
                                                                                      or less, regardless of the
                                                                                      inlet concentration.
                                                                                     (2). Collect firebox
                                                                                      secondary chamber
                                                                                      temperature data every 15
                                                                                      minutes during the entire
                                                                                      period of the initial 3-
                                                                                      hour performance test, and
                                                                                      determine the average
                                                                                      firebox temperature over
                                                                                      the 3-hour performance
                                                                                      test by computing the
                                                                                      average of all of the 15-
                                                                                      minute reading.
2. A carbon adsorber (regenerative)  a. Measure total        i. Method 25 or Method  (1). Measure total HAP
                                      organic HAP             25A performance test    emissions using Method 25.
                                      emissions, establish    and data from the       You may use Method 25A, if
                                      the total               carbon bed              an exhaust gas volatile
                                      regeneration mass or    temperature             organic matter
                                      volumetric flow, and    monitoring device.      concentration of 50 ppmv
                                      establish the                                   or less; or because of the
                                      temperature of the                              high efficiency of the
                                      carbon bed within 15                            control device, exhaust is
                                      minutes of completing                           50 ppmv or less is
                                      any cooling cycles.                             required to comply with
                                      The total                                       the standard; the volatile
                                      regeneration mass,                              organic matter
                                      volumetric flow, and                            concentration (VOMC) at
                                      carbon bed                                      the inlet to the control
                                      temperature must be                             system and the required
                                      those at which the                              level of control are such
                                      emission limit that                             that exhaust VOMCs are 50
                                      applies to the                                  ppmv or less; or because
                                      affected source is                              of the high efficiency of
                                      achieved.                                       the control device,
                                                                                      exhaust is 50 ppmv or
                                                                                      less, regardless of the
                                                                                      inlet concentration.
                                                                                     (2). Collect carbon bed
                                                                                      total regeneration mass or
                                                                                      volumetric flow for each
                                                                                      carbon bed regeneration
                                                                                      cycle during the
                                                                                      performance test.
                                                                                     (3). Record the maximum
                                                                                      carbon bed temperature
                                                                                      data for each carbon bed
                                                                                      regeneration cycle during
                                                                                      the performance test.
                                                                                     (4). Record the carbon bed
                                                                                      temperature within 15
                                                                                      minutes of each cooling
                                                                                      cycle during the
                                                                                      performance test.
                                                                                     (5). Determine the average
                                                                                      total regeneration mass or
                                                                                      the volumetric flow over
                                                                                      the 3-hour performance
                                                                                      test by computing the
                                                                                      average of all of the
                                                                                      readings.
                                                                                     (6). Determine the average
                                                                                      maximum carbon bed
                                                                                      temperature over the 3-
                                                                                      hour performance test by
                                                                                      computing the average of
                                                                                      all of the readings.
                                                                                     (7). Determine the average
                                                                                      carbon bed temperature
                                                                                      within 15 minutes of the
                                                                                      cooling cycle over the 3-
                                                                                      hour performance test.
3. Any control device other than a   Determine control       EPA-approved methods    Conduct the performance
 thermal oxidizer or carbon           device efficiency and   and data from the       test according to the site-
 adsorber.                            establish operating     continuous parameter    specific plan submitted
                                      parameter limits with   monitoring system.      according to Sec.
                                      which you will                                  63.7(c)(2)(i).
                                      demonstrate
                                      continuous compliance
                                      with the emission
                                      limit that applies to
                                      the affected source.
4. All control devices.............  a. Select sampling      Method 1 or 1A of 40    Locate sampling sites at
                                      ports' location and     CFR part 60, appendix   the inlet and outlet of
                                      the number of           A.                      the control device and
                                      traverse ports.                                 prior to any releases to
                                                                                      the atmosphere.
                                     b. Determine velocity   Method 2, 2A, 2C, 2D,
                                      and volumetric flow     2F, or 2G of 40 CFR
                                      rate.                   part 60, appendix A.
                                     c. Conduct gas          Method 3, 3A, or 3B of
                                      analysis.               40 CFR part 60
                                                              appendix A.
                                     d. Measure moisture     Method 4 of 40 CFR
                                      content of the stack    part 60, appendix A.
                                      gas.

[[Page 1301]]

 
5. A permenent total enclosure       Measure the face        Method 204 of CFR part  Capture efficiency is
 (PTE).                               velocity across         51, appendix M.         assumed to be 100 percent
                                      natural draft                                   if the criteria are met
                                      openings and document
                                      the design features
                                      of the enclosure.
6. Temporary total enclosure (TTE).  Construct a             Method 204 and the
                                      temporarily installed   appropriate
                                      enclosure that allows   combination of
                                      you to determine the    Methods 204A-204F of
                                      efficiency of your      40 CFR part 51,
                                      capture system and      appendix M.
                                      establish operating
                                      parameter limits.
----------------------------------------------------------------------------------------------------------------



  Sec. Table 6 to Subpart XXXX of Part 63--Initial Compliance With the 
          Emission Limits for Tire Production Affected Sources

    As stated in Sec. 63.5996, you must show initial compliance with 
the emission limits for tire production affected sources according to 
the following table:

------------------------------------------------------------------------
                                For the following
                                 emission limit .  You have demonstrated
           For . . .                   . .         initial compliance if
                                                           . . .
------------------------------------------------------------------------
1. Sources complying with the   The HAP            You demonstrate for
 purchase compliance             constituent        each monthly period
 alternative in Sec. option in Table    that no cements and
 63.5985(a).                     1 to this          solvents were
                                 subpart, option    purchased and used
                                 1.                 at the affected
                                                    source containing
                                                    HAP in amounts above
                                                    the composition
                                                    limits in Table 1 to
                                                    this subpart, option
                                                    1, determined
                                                    according to the
                                                    procedures in Sec.
                                                    63.5994(a) and
                                                    (b)(1).
2. Sources complying with the   The HAP            You demonstrate that
 monthly average compliance      constituent        the monthly average
 alternative without using a     option in Table    HAP emissions for
 control device in Sec. 1 to this          each monthly
 63.5985(b).                     subpart, option    operating period do
                                 1.                 not exceed the
                                                    emission limits in
                                                    Table 1 to this
                                                    subpart, option 1,
                                                    determined according
                                                    to the applicable
                                                    procedures in Sec.
                                                    63.5994(a) and
                                                    (b)(2).
3. Sources complying with the   The HAP            You demonstrate that
 monthly average compliance      constituent        the monthly average
 alternative using a control     option in Table    HAP emissions for
 device in Sec. 63.5985(c).    1 to this          each monthly
                                 subpart, option    operating period do
                                 1.                 not exceed the
                                                    emission limits in
                                                    Table 1 to this
                                                    subpart, option 1,
                                                    determined according
                                                    to the applicable
                                                    procedures in Sec.
                                                    63.5994(a), (b)(3)
                                                    and (4), and (d)
                                                    through (f).
4. Sources complying with the   The production-    You demonstrate that
 monthly average compliance      based option in    the monthly average
 alternative without use of a    Table 1 to this    HAP emissions for
 control device in Sec. subpart, option    each monthly
 63.5985(b).                     2.                 operating period do
                                                    not exceed the
                                                    emission limits in
                                                    Table 1 to this
                                                    subpart, option 2,
                                                    determined according
                                                    to the applicable
                                                    procedures in Sec.
                                                    63.5994(c)(1)
                                                    through (3).
5. Sources complying with the   The production-    You demonstrate that
 monthly average compliance      based option in    the monthly average
 alternative using a control     Table 1 to this    HAP emissions for
 device in Sec. 63.5985(c).    subpart, option    each monthly
                                 2.                 operating period do
                                                    not exceed the
                                                    emission limits in
                                                    Table 1 to this
                                                    subpart, option 2,
                                                    determined according
                                                    to the applicable
                                                    procedures in Sec.
                                                    63.5994(c)(1) and
                                                    (2), (4) and (5),
                                                    and (d) through (f).
------------------------------------------------------------------------



  Sec. Table 7 to Subpart XXXX of Part 63--Initial Compliance With the 
        Emission Limits for Tire Cord Production Affected Sources

    As stated in Sec. 63.5999, you must show initial compliance with 
the emission limits for tire cord production affected sources according 
to the following table:

------------------------------------------------------------------------
                                For the following
                                 emission limit .  You have demonstrated
           For . . .                   . .         initial compliance if
                                                           . . .
------------------------------------------------------------------------
1. Sources complying with the   The production-    You demonstrate that
 monthly average alternative     based option in    the monthly average
 without using an add-on         Table 2 to this    HAP emissions for
 control device according to     subpart, option    each monthly
 Sec. 63.5987(a).              1.                 operating period do
                                                    not exceed the
                                                    emission limits in
                                                    Table 2 to this
                                                    subpart, option 1,
                                                    determined according
                                                    to the procedures in
                                                    Sec. 63.5997(a),
                                                    (b)(1) and (2).
2. Sources complying with the   The production-    You demonstrate that
 monthly average alternative     based option in    the monthly average
 using an add-on control         Table 2 to this    HAP emissions for
 device according to Sec. subpart, option    each monthly
 63.5987(b).                     1.                 operating period do
                                                    not exceed the
                                                    emission limits in
                                                    Table 2 to this
                                                    subpart, option 1,
                                                    determined according
                                                    to the procedures in
                                                    Sec. 63.5997(a),
                                                    (b)(1) and (3)
                                                    through (4), and (d)
                                                    through (f).

[[Page 1302]]

 
3. Sources complying with the   The HAP            You demonstrate that
 monthly average alternative     constituent        the monthly average
 without using an add-on         option in Table    HAP emissions for
 control device according to     2 to this          each monthly
 Sec. 63.5987(a).              subpart, option    operating period do
                                 2.                 not exceed the HAP
                                                    constituent emission
                                                    limits in Table 2 to
                                                    this subpart, option
                                                    2, determined
                                                    according to the
                                                    applicable
                                                    procedures in Sec.
                                                    63.5997(a) and
                                                    (c)(1) and (2).
4. Sources complying with the   The HAP            You demonstrate that
 monthly average alternative     constituent        the monthly average
 using an add-on control         option in Table    HAP emissions for
 device according to Sec. 2 to this          each monthly
 63.5987(b).                     subpart, option    operating period do
                                 2.                 not exceed the HAP
                                                    constituent emission
                                                    limits in Table 2 to
                                                    this subpart, option
                                                    2, determined
                                                    according to the
                                                    applicable
                                                    procedures in Sec.
                                                    63.5997(c)(1) and
                                                    (3) through (4), and
                                                    (d) through (f).
------------------------------------------------------------------------



  Sec. Table 8 to Subpart XXXX of Part 63--Initial Compliance With the 
                                Emission

    As stated in Sec. 63.6002, you must show initial compliance with 
the emission limits for puncture sealant application affected sources 
according to the following table:

------------------------------------------------------------------------
                                For the following
                                 emission limit .  You have demonstrated
           For . . .                   . .         initial compliance if
                                                           . . .
------------------------------------------------------------------------
1. Sources complying with the   The percent        You demonstrate that
 overall control efficiency      reduction option   you conducted the
 alternative in Sec. in Table 3 to      performance tests,
 63.5989(a).                     this subpart,      determined the
                                 option 1.          overall efficiency
                                                    of your control
                                                    system, demonstrated
                                                    that the applicable
                                                    limits in Table 3 to
                                                    this subpart, option
                                                    1, have been
                                                    achieved, and
                                                    established the
                                                    operating limits in
                                                    Table 4 of this
                                                    subpart for your
                                                    equipment according
                                                    to the applicable
                                                    procedures in Sec.
                                                    63.6000(b).
2. Sources complying with the   The percent        You demonstrate that
 permanent total enclosure and   reduction option   you conducted the
 control device efficiency       in Table 3 to      performance tests,
 alternative in Sec. this subpart,      determined the
 63.5989(b).                     option 1.          individual
                                                    efficiencies of your
                                                    capture and control
                                                    systems,
                                                    demonstrated that
                                                    the applicable
                                                    limits in Table 3 to
                                                    this subpart, option
                                                    1, have been
                                                    achieved, and
                                                    established the
                                                    operating limits in
                                                    Table 4 of this
                                                    subpart for your
                                                    equipment according
                                                    to the applicable
                                                    procedures in Sec.
                                                    63.6000(b).
3. Sources complying with the   The HAP            You demonstrate that
 monthly average alternative     constituent        the monthly average
 in Sec. 63.5989(c) without    option in Table    HAP emissions for
 using an add-on control         3 to this          each monthly
 device.                         subpart, option    operating period do
                                 2.                 not exceed the HAP
                                                    constituent emission
                                                    limits in Table 3 to
                                                    this subpart, option
                                                    2, determined
                                                    according to the
                                                    applicable
                                                    procedures in Sec.
                                                    63.6000(c) and
                                                    (d)(1).
4. Sources complying with the   The HAP            You demonstrate that
 HAP constituent alternative     constituent        the monthly average
 in Sec. 63.5989(d) by using   option in Table    HAP emissions for
 an add-on control device.       3 to this          each monthly
                                 subpart, option    operating period do
                                 2.                 not exceed the HAP
                                                    constituent emission
                                                    limits in Table 3 to
                                                    this subpart, option
                                                    2, determined
                                                    according to the
                                                    applicable
                                                    procedures in Sec.
                                                    63.6000(c), (d)(2)
                                                    and (3), and (e)
                                                    through (f).
------------------------------------------------------------------------



  Sec. Table 9 to Subpart XXXX of Part 63--Minimum Data for Continuous 
Compliance With the Emission Limits for Tire Production Affected Sources

    As stated in Sec. 63.6003, you must maintain minimum data to show 
continuous compliance with the emission limits for tire production 
affected sources according to the following table:

------------------------------------------------------------------------
             For . . .                     You must maintain . . .
------------------------------------------------------------------------
1. Sources complying with purchase  a. A list of each cement and solvent
 compliance alternative in Sec. as purchased and the manufacturer
 63.5985(a) that are meeting the     or supplier of each.
 HAP constituent emission limit     b. A record of Method 311 (40 CFR
 (option 1) in Table 1 to this       part 60, appendix A), or approved
 subpart.                            alternative method, test results
                                     indicating the mass percent of each
                                     HAP for each cement and solvent as
                                     purchased.
2. Sources complying with the       a. A record of Method 311, or
 monthly average compliance          approved alternative method, test
 alternative without using a         results, indicating the mass
 control device according to Sec. percent of each HAP for each cement
  63.5985(b) that are meeting        and solvent, as purchased.
 emission limits in Table 1 to      b. The mass of each cement and
 this subpart.                       solvent used each monthly operating
                                     period.
                                    c. The total mass of rubber used
                                     each monthly operating period (if
                                     complying with the production-based
                                     emission limit, option 2, in Table
                                     1 to this subpart).
                                    d. All data and calculations used to
                                     determine the monthly average mass
                                     percent for each HAP for each
                                     monthly operating period.
                                    e. Monthly averages of emissions in
                                     the appropriate emission limit
                                     format.
3. Sources complying with the       a. The same information as sources
 monthly average compliance          complying with the monthly average
 alternative using a control         alternative without using a control
 device according to Sec. device.
 63.5985(c) that are meeting        b. Records of operating parameter
 emission limits in Table 1 to       values for each operating parameter
 this subpart.                       that applies to you.
------------------------------------------------------------------------


[[Page 1303]]



Sec. Table 10 to Subpart XXXX of Part 63--Continuous Compliance With the 
          Emission Limits for Tire Production Affected Sources

    As stated in Sec. 63.6004, you must show continuous compliance with 
the emission limits for tire production affected sources according to 
the following table:

------------------------------------------------------------------------
                                For the following
                                 emission limit .   You must demonstrate
           For . . .                   . .         continuous compliance
                                                          by . . .
------------------------------------------------------------------------
1. Sources complying with       The HAP            Demonstrating for
 purchase compliance             constituent        each monthly period
 alternative in Sec. option in Table    that no cements and
 63.5985(a).                     1 to this          solvents were
                                 subpart, option    purchased and used
                                 1.                 at the affected
                                                    source containing
                                                    HAP in amounts above
                                                    the composition
                                                    limits in Table 1 to
                                                    this subpart, option
                                                    1, determined
                                                    according to the
                                                    procedures in Sec.
                                                    63.5994(a) and
                                                    (b)(1).
2. Sources complying with the   The HAP            Demonstrating that
 monthly average compliance      constituent        the monthly average
 alternative without using a     option in Table    HAP emissions for
 control device according to     1 to this          each monthly
 Sec. 63.5985(b).              subpart, option    operating period do
                                 1.                 not exceed the
                                                    emission limits in
                                                    Table 1 to this
                                                    subpart, option 1,
                                                    determined according
                                                    to the applicable
                                                    procedures in Sec.
                                                    63.5994(a) and
                                                    (b)(2).
3. Sources complying with the   The HAP            Demonstrating that
 monthly average compliance      constituent        the monthly average
 alternative using a control     option in Table    HAP emissions for
 device according to Sec. 1 to this          each monthly
 63.5985(c).                     subpart, option    operating period do
                                 1.                 not exceed the
                                                    emission limits in
                                                    Table 1 to this
                                                    subpart, option 1,
                                                    determined according
                                                    to the applicable
                                                    procedures in Sec.
                                                    63.5994(a), (b)(3)
                                                    and (4), and (d)
                                                    through (f).
4. Sources complying with the   The production-    Demonstrating that
 monthly average compliance      based option in    the monthly average
 alternative without using a     Table 1 to this    HAP emissions for
 control device according to     subpart, option    each monthly
 Sec. 63.5985(b).              2.                 operating period do
                                                    not exceed the
                                                    emission limits in
                                                    Table 1 to this
                                                    subpart, option 2,
                                                    determined according
                                                    to the applicable
                                                    procedures in Sec.
                                                    63.5994(c)(1)
                                                    through (3).
5. Sources complying with the   The production-    Demonstrating that
 monthly average compliance      based option in    the monthly average
 alternative using a control     Table 1 to this    HAP emissions for
 device according to Sec. subpart, option    each monthly
 63.5985(c).                     2.                 operating period do
                                                    not exceed the
                                                    emission limits in
                                                    Table 1 to this
                                                    subpart, option 2,
                                                    determined according
                                                    to the applicable
                                                    procedures in Sec.
                                                    63.5994(c)(1) and
                                                    (2), (4) and (5),
                                                    and (d) through (f).
------------------------------------------------------------------------



 Sec. Table 11 to Subpart XXXX of Part 63--Minimum Data for Continuous 
 Compliance With the Emission Limits for Tire Cord Production Affected 
                                 Sources

    As stated in Sec. 63.6005, you must maintain minimum data to show 
continuous compliance with the emission limits for tire cord production 
affected sources according to the following table:

------------------------------------------------------------------------
             For . . .                     You must maintain . . .
------------------------------------------------------------------------
1. Sources complying with the       a. A record of Method 311 (40 CFR
 monthly average alternative         part 63, appendix A), or approved
 without using an add-on control     alternative method, test results,
 device according to Sec. indicating the mass percent of each
 63.5987(a) that are meeting         HAP for coating used.
 emission limits in Table 2 to      b. The mass of each coating used
 this subpart.                       each monthly operating period.
                                    c. The total mass of fabric
                                     processed each monthly operating
                                     period (if complying with the
                                     production-based option in Table 2
                                     to this subpart, option 1).
                                    d. All data and calculations used to
                                     determine the monthly average mass
                                     percent for each HAP for each
                                     monthly operating period.
                                    e. Monthly averages of emissions in
                                     the appropriate emission emission
                                     limit format.
2. Sources complying with the       a. The same information as sources
 monthly average alternative using   complying with the monthly average
 an add-on control device            alternative without using a control
 according to Sec. 63.5987(b)      device.
 that are meeting emission limits   b. Records of operating parameter
 in Table 2 to this subpart.         values for each operating parameter
                                     that applies to you.
------------------------------------------------------------------------



Sec. Table 12 to Subpart XXXX of Part 63--Continuous Compliance With the 
        Emission Limits for Tire Cord Production Affected Sources

    As stated in Sec. 63.6006, you must show continuous compliance with 
the emission limits for tire cord production affected sources according 
to the following table:

[[Page 1304]]



------------------------------------------------------------------------
                                    For the
                                   following       You must demonstrate
          For . . .            emission limit .   continuous compliance
                                      . .                by . . .
------------------------------------------------------------------------
1. Sources complying with the  In Table 2 to     a. Demonstrating that
 monthly average compliance     this subpart.     the monthly average
 alternative without using an                     HAP emissions for each
 add-on control device                            monthly operating
 according to Sec. period do not exceed
 63.5987(a).                                      the emission limits in
                                                  Table 2 to this
                                                  subpart, option 1,
                                                  determined according
                                                  to the applicable
                                                  procedures in Sec.
                                                  63.5997(a) and (b)(1)
                                                  and (2).
                                                 b. Demonstrating that
                                                  the monthly average
                                                  HAP emissions for each
                                                  monthly operating
                                                  period do not exceed
                                                  the HAP constituent
                                                  emission limits in
                                                  Table 2 to this
                                                  subpart, option 2,
                                                  determined according
                                                  to the applicable
                                                  procedures in Sec.
                                                  63.5997(a) and (c)(1)
                                                  and (2).
2. Sources complying with the  In Table 2 to     a. Demonstrating that
 monthly average compliance     this subpart.     the monthly average
 alternative using an add-on                      HAP emissions for each
 control device according to                      monthly operating
 Sec. 63.5987(b).                               period do not exceed
                                                  the emission limits in
                                                  Table 2 to this
                                                  subpart, option 1,
                                                  determined according
                                                  to the applicable
                                                  procedures in Sec.
                                                  63.5997(a), (b)(1) and
                                                  (3) through (4), and
                                                  (d) through (f).
                                                 b. Demonstrating that
                                                  the monthly HAP
                                                  emissions for each
                                                  monthly operating
                                                  period do not exceed
                                                  the HAP constituent
                                                  emission limits in
                                                  Table 2 to this
                                                  subpart, option 2,
                                                  determined according
                                                  to the applicable
                                                  procedures in Sec.
                                                  63.5997(c)(1) and (3)
                                                  through (4), and (d)
                                                  through (f).
------------------------------------------------------------------------



 Sec. Table 13 to Subpart XXXX of Part 63--Minimum Data for Continuous 
     Compliance With the Emission Limitations for Puncture Sealant 
                      Application Affected Sources

    As stated in Sec. 63.6007, you must maintain minimum data to show 
continuous compliance with the emission limitations for puncture sealant 
application affected sources according to the following table:

------------------------------------------------------------------------
             For . . .                     You must maintain . . .
------------------------------------------------------------------------
1. Sources complying with the       Records of the secondary chamber
 control efficiency alternatives     firebox temperature for 100 percent
 in Sec. 63.5989(a) or (b) that    of the hours during which the
 are meeting the percent reduction   process was operated.
 emission limits in Table 3 to
 this subpart, option 1, using a
 thermal oxidizer to reduce HAP
 emissions so that they do not
 exceed the operating limits in
 Table 4 to this subpart.
2. Sources complying with the       Records of the total regeneration
 control efficiency alternatives     stream mass or volumetric flow for
 in Sec. 63.5989(a) or (b) that    each regeneration cycle for 100
 are meeting the percent reduction   percent of the hours during which
 emission limits in Table 3 to       the process was operated, and a
 this subpart, option 1, using a     record of the carbon bed
 carbon adsorber to reduce HAP       temperature after each
 emissions so that they do not       regeneration, and within 15 minutes
 exceed the operating limits in      of completing any cooling cycle for
 Table 4 to this subpart.            100 percent of the hours during
                                     which the process was operated.
3. Sources complying with the       Records of operating parameter
 control efficiency alternatives     values for each operating parameter
 in Sec. 63.5989(a) or (b) that    that applies to you.
 are meeting the percent reduction
 emission limits in Table 3 to
 this subpart, option 1, using any
 other type of control device to
 which puncture sealant
 application spray booth HAP
 emissions are ducted so that they
 do not exceed the operating
 limits in Table 4 to this subpart.
4. Sources complying with the       Records of the face velocity across
 permanent total enclosure           any NDO, the size of NDO, the
 compliance alternative in Sec. number of NDO, and their proximity
 63.5989(b) that are meeting the     to HAP emission sources.
 percent reduction emission limits
 in Table 3 to this subpart,
 option 1, using a permanent total
 enclosure capture system to
 capture HAP emissions so that
 they do not exceed the operating
 limits in Table 4 to this subpart.

[[Page 1305]]

 
5. Sources complying with the       Records of operating parameter
 overall control efficiency          values for each operating parameter
 alternative in Sec. 63.5989(a)    that applies to you.
 that are meeting the percent
 reduction emission limits in
 Table 3 to this subpart, option
 1, using any other capture system
 to capture HAP emissions so that
 they do not exceed the operating
 limits in Table 4 to this subpart.
6. Sources complying with the       a. A record of Method 311 (40 CFR
 monthly average alternative         part 63, appendix A), or approved
 without using an add-on control     alternative method, test results,
 device according to Sec. indicating the mass percent of each
 63.5988(a) that are meeting the     HAP for puncture sealant used.
 HAP constituent emission limits    b. The mass of each puncture sealant
 in Table 3 to this subpart,         used each monthly operating period.
 option 2.                          c. All data and calculations used to
                                     determine the monthly average mass
                                     percent for each HAP for each
                                     monthly operating period.
                                    d. Monthly averages of emissions in
                                     the appropriate emission limit
                                     format.
7. Sources complying with the       a. The same information as sources
 monthly average alternative using   complying with the monthly average
 an add-on control device            alternative that are not using a
 according to Sec. 63.5988(a)      control device.
 that are meeting the HAP           b. Records of operating parameter
 constituent emission limits in      values for each operating parameter
 Table 3 to this subpart, option 2.  that applies to you.
------------------------------------------------------------------------



Sec. Table 14 to Subpart XXXX of Part 63--Continuous Compliance With the 
 Emission Limitations for Puncture Sealant Application Affected Sources

    As stated in Sec. 63.6008, you must show continuous compliance with 
the emission limitations for puncture sealant application affected 
sources according to the following table:

------------------------------------------------------------------------
                                       You must demonstrate continuous
             For . . .                       compliance by . . .
------------------------------------------------------------------------
1. Each carbon adsorber used to     a. Monitoring and recording every 15
 comply with the operating limits    minutes the total regeneration
 in Table 4 to this subpart.         stream mass or volumetric flow, and
                                     the carbon bed temperature after
                                     each regeneration, and within 15
                                     minutes of completing any cooling
                                     cycle, and
                                    b. Maintaining the total
                                     regeneration stream mass or
                                     volumetric flow, and the carbon bed
                                     temperature after each
                                     regeneration, and within 15 minutes
                                     of completing any cooling cycle
                                     within the operating levels
                                     established during your performance
                                     test.
2. Each thermal oxidizer used to    a. Continuously monitoring and
 comply with operating limits in     recording the firebox temperature
 Table 4 to this subpart.            every 15 minutes, and
                                    b. Maintaining the daily average
                                     firebox temperature within the
                                     operating level established during
                                     your performance test.
3. Other ``add-on'' control or      Continuously monitoring and
 capture system hardware used to     recording specified parameters
 comply with the operating limits    identified through compliance
 in Table 4 to this subpart.         testing and identified in the
                                     Notification of Compliance Status
                                     report.
4. Sources complying with the       Demonstrating that the monthly
 monthly average compliance          average HAP emissions for each
 alternative without using an add-   monthly operating period do not
 on control device according to      exceed the HAP constituent emission
 Sec. 63.5989(c) that are          limits in Table 3 to this subpart,
 meeting the HAP constituent         option 2, determined according to
 emission limits in Table 3 to       the applicable procedures in Sec.
 this subpart, option 2.             63.6000(c) and (d)(1).
5. Sources complying with the       Demonstrating that the monthly
 monthly average compliance          average HAP emissions for each
 alternative by using an add-on      monthly operating period do not
 control device according to Sec. exceed the HAP constituent emission
  63.5989(d) that are the HAP        limits in Table 3 to this subpart,
 constituent emission limits in      option 2, determined according to
 Table 3 to this subpart, option 2.  the applicable procedures in Sec.
                                     63.6000(c), (d)(2) and (3), and (e)
                                     through (g).
------------------------------------------------------------------------



   Sec. Table 15 to Subpart XXXX of Part 63--Requirements for Reports

 [As stated in Sec. 63.6010, you must submit each report that applies
                to you according to the following table]
------------------------------------------------------------------------
                                    The report must      You must submit
     You must submit a(n)            contain . . .      the report . . .
------------------------------------------------------------------------
1. Compliance report..........  a. If there are no      Semiannually
                                 deviations from any     according to
                                 emission limitations    the
                                 that apply to you, a    requirements in
                                 statement that there    Sec.
                                 were no deviations      63.6010(b),
                                 from the emission       unless you meet
                                 limitations during      the
                                 the reporting period.   requirements
                                 If there were no        for annual
                                 periods during which    reporting in
                                 the CPMS was out-of-    Sec.
                                 control as specified    63.6010(f).
                                 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.

[[Page 1306]]

 
                                b. If you have a        Semiannually
                                 deviation from any      according to
                                 emission limitation     the
                                 during the reporting    requirements in
                                 period at an affected   Sec.
                                 source where you are    63.6010(b),
                                 not using a CPMS, the   unless you meet
                                 report must contain     the
                                 the information in      requirements
                                 Sec. 63.6010(d). If   for annual
                                 the deviation           reporting in
                                 occurred at a source    Sec.
                                 where you are using a   63.6010(f).
                                 CMPS or if there were
                                 periods during which
                                 the CPMS were out-of-
                                 control as specified
                                 in Sec. 63.8(c)(7),
                                 the report must
                                 contain the
                                 information required
                                 by Sec.
                                 63.5990(f)(3).
                                c. Before January 21,   Before January
                                 2021, If you had a      21, 2021,
                                 startup, shutdown,      semiannually
                                 and malfunction         according to
                                 during the reporting    the
                                 period and you took     requirements in
                                 actions consistent      Sec.
                                 with your startup,      63.6010(b),
                                 shutdown, and           unless you meet
                                 malfunction plan, the   the
                                 compliance report       requirements
                                 must include the        for annual
                                 information in Sec. reporting in
                                 63.10(d)(5)(i). After   Sec.
                                 January 20, 2021,       63.6010(f).
                                 this information is     After January
                                 no longer required.     20, 2021, this
                                                         information is
                                                         no longer
                                                         required.
2. Before January 21, 2021,     a. Before January 21,   Before January
 immediate startup, shutdown,    2021, actions taken     21, 2021, by
 and malfunction report if you   for the event. After    fax or
 had a startup, shutdown, and    January 20, 2021,       telephone
 malfunction during the          this report is no       within 2
 reporting period that is not    longer required.        working days
 consistent with your startup,                           after starting
 shutdown, and malfunction                               actions
 plan. After January 20, 2021,                           inconsistent
 this report is no longer                                with the plan.
 required.                                               After January
                                                         20, 2021, this
                                                         report is no
                                                         longer
                                                         required.
                                b. Before January 21,   Before January
                                 2021, the information   21, 2021, by
                                 in Sec. letter within 7
                                 63.10(d)(5)(ii).        working days
                                 After January 20,       after the end
                                 2021, this report is    of the event
                                 no longer required.     unless you have
                                                         made
                                                         alternative
                                                         arrangements
                                                         with the
                                                         permitting
                                                         authority (Sec.
 
                                                         63.10(d)(5)(ii)
                                                         ). After
                                                         January 20,
                                                         2021, this
                                                         report is no
                                                         longer
                                                         required.
3. Performance Test Report....  If you use a control    Conduct a
                                 system (add-on          performance
                                 control device and      test at least
                                 capture system) to      once every 5
                                 meet the emission       years following
                                 limitations.            your initial
                                                         compliance
                                                         demonstration
                                                         according to
                                                         the
                                                         requirements in
                                                         Sec. 63.5993.
------------------------------------------------------------------------


[85 FR 44765, July 24, 2020]



    Sec. Table 16 to Subpart XXXX of Part 63--Selected Hazardous Air 
                               Pollutants

    You must use the information listed in the following table to 
determine which emission limit in the HAP constituent options in Tables 
1 through 3 to this subpart is applicable to you:

------------------------------------------------------------------------
              CAS No.                 Selected hazardous air pollutants
------------------------------------------------------------------------
50000.............................  Formaldehyde
51796.............................  Ethyl carbamate (Urethane)
53963.............................  2-Acetylaminofluorene
56235.............................  Carbon tetrachloride
57147.............................  1,1-Dimethyl hydrazine
57578.............................  beta-Propiolactone
58899.............................  Lindane (all isomers)
59892.............................  N-Nitrosomorpholine
60117.............................  Dimethyl aminoazobenzene
62759.............................  N-Nitrosodimethylamine
64675.............................  Diethyl sulfate
67663.............................  Chloroform
67721.............................  Hexachloroethane
71432.............................  Benzene (including benzene from
                                     gasoline)
75014.............................  Vinyl chloride
75070.............................  Acetaldehyde

[[Page 1307]]

 
75092.............................  Methylene chloride (Dichloromethane)
75218.............................  Ethylene oxide
75558.............................  1,2-Propylenimine (2-Methyl
                                     aziridine)
75569.............................  Propylene oxide
77781.............................  Dimethyl sulfate
79061.............................  Acrylamide
79447.............................  Dimethyl carbamoyl chloride
79469.............................  2-Nitropropane
88062.............................  2,4,6-Trichlorophenol
91941.............................  3,3-Dichlorobenzidene
92671.............................  4-Aminobiphenyl
92875.............................  Benzidine
95534.............................  o-Toluidine
95807.............................  2,4-Toluene diamine
96128.............................  1,2-Dibromo-3-chloropropane
96457.............................  Ethylene thiourea
98077.............................  Benzotrichloride
101144............................  4,4-Methylene bis(2-chloroaniline)
101779............................  4,4-Methylenedianiline
106467............................  1,4-Dichlorobenzene(p)
106898............................  Epichlorohydrin (l-Chloro-2,3-
                                     epoxypropane)
106934............................  Ethylene dibromide (Dibromoethane)
106990............................  1,3-Butadiene
107062............................  Ethylene dichloride (1,2-
                                     Dichloroethane)
107131............................  Acrylonitrile
107302............................  Chloromethyl methyl ether
117817............................  Bis(2-ethylhexyl)phthalate (DEHP)
118741............................  Hexachlorobenzene
119904............................  3,3-Dimethoxybenzidine
119937............................  3,3-Dimethyl benzidine
122667............................  1,2-Diphenylhydrazine
123911............................  1,4-Dioxane (1,4-Diethyleneoxide)
127184............................  Tetrachloroethylene
                                     (Perchloroethylene)
140885............................  Ethyl acrylate
302012............................  Hydrazine
542756............................  1,3-Dichloropropene
542881............................  Bis(chloromethyl)ether
680319............................  Hexamethylphosphoramide
684935............................  N-Nitroso-N-methylurea
1120714...........................  1,3-Propane sultone
1332214...........................  Asbestos
1336363...........................  Polychlorinated biphenyls (Aroclors)
1746016...........................  2,3,7,8-Tetrachlorodibenzo-p-dioxin
8001352...........................  Toxaphene (chlorinated camphene)
                                    Arsenic Compounds
                                    Chromium Compounds
                                    Coke Oven Emissions
------------------------------------------------------------------------



   Sec. Table 17 to Subpart XXXX of Part 63--Applicability of General 
                     Provisions to This Subpart XXXX

    Before January 21, 2021, as stated in Sec. 63.6013, you must comply 
with the applicable General Provisions (GP) requirements according to 
the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                 Applicable to Subpart XXXX?
                                                     Brief description of   ------------------------------------
           Citation                  Subject          applicable sections     Using a control      Not using a
                                                                                   device        control device
----------------------------------------------------------------------------------------------------------------
Sec. 63.1...................  Applicability....  Initial applicability     Yes..............  Yes.
                                                    determination;
                                                    applicability after
                                                    standard established;
                                                    permit requirements;
                                                    extensions;
                                                    notifications.
Sec. 63.2...................  Definitions......  Definitions for part 63   Yes..............  Yes.
                                                    standards.
Sec. 63.3...................  Units and          Units and abbreviations   Yes..............  Yes.
                                 Abbreviations.     for part 63 standards.
Sec. 63.4...................  Prohibited         Prohibited activities;    Yes..............  Yes.
                                 Activities.        compliance date;
                                                    circumvention;
                                                    severability.
Sec. 63.5...................  Construction/      Applicability;            Yes..............  Yes.
                                 Reconstruction.    applications; approvals.
Sec. 63.6(a)................  Applicability....  GP apply unless           Yes..............  Yes.
                                                    compliance extension;
                                                    GP apply to area
                                                    sources that become
                                                    major.

[[Page 1308]]

 
Sec. 63.6(b)(1)-(4).........  Compliance Dates   Standards apply at        Yes..............  Yes.
                                 for New and        effective date; 3 years
                                 Reconstructed      after effective date;
                                 Sources.           upon startup; 10 years
                                                    after construction or
                                                    reconstruction
                                                    commences for CAA
                                                    section 112(f).
Sec. 63.6(b)(5).............  Notification.....  Must notify if commenced  Yes..............  Yes.
                                                    construction or
                                                    reconstruction after
                                                    proposal.
Sec. 63.6(b)(6).............  [Reserved].......  ........................
Sec. 63.6(b)(7).............  Compliance Dates   ........................  No...............  No.
                                 for New and
                                 Reconstructed
                                 Area Sources
                                 that Become
                                 Major.
Sec. 63.6(c)(1)-(2).........  Compliance Dates   Comply according to date  Yes..............  Yes.
                                 for Existing       in subpart, which must
                                 Sources.           be no later than 3
                                                    years after effective
                                                    date; for CAA section
                                                    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   Area sources that become  Yes..............  Yes.
                                 for Existing       major must comply with
                                 Area Sources       major source standards
                                 that Become        by date indicated in
                                 Major.             subpart or by
                                                    equivalent time period
                                                    (for example, 3 years).
Sec. 63.6(d)................  [Reserved]
Sec. 63.6(e)(1)-(2).........  Operation &        Operate to minimize       Yes..............  Yes.
                                 Maintenance.       emissions at all times;
                                                    correct malfunctions as
                                                    soon as practicable;
                                                    and operation and
                                                    maintenance
                                                    requirements
                                                    independently
                                                    enforceable;
                                                    information
                                                    Administrator will use
                                                    to determine if
                                                    operation and
                                                    maintenance
                                                    requirements were met.
Sec. 63.6(e)(3).............  Startup,           ........................  Yes..............  No.
                                 Shutdown, and
                                 Malfunction Plan.
Sec. 63.6(f)(1).............  Compliance Except  ........................  No. See Sec. No.
                                 During Startup,                              63.5990(a).
                                 Shutdown, and
                                 Malfunction.
Sec. 63.6(f)(2)-(3).........  Methods for        Compliance based on       Yes..............  Yes.
                                 Determining        performance test;
                                 Compliance.        operation and
                                                    maintenance plans;
                                                    records; inspection.
Sec. 63.6(g)(1)-(3).........  Alternative        Procedures for getting    Yes..............  Yes.
                                 Standard.          an alternative standard.
Sec. 63.6(h)................  Opacity/Visible    ........................  No...............  No.
                                 Emission (VE)
                                 Standards.
Sec. 63.6(i)................  Compliance         Procedures and criteria   Yes..............  Yes.
                                 Extension.         for Administrator to
                                                    grant compliance
                                                    extension.
Sec. 63.6(j)................  Presidential       President may exempt      Yes..............  Yes.
                                 Compliance         source category from
                                 Exemption.         requirement to comply
                                                    with rule.
Sec. 63.7(a)(1)-(2).........  Performance Test   ........................  No...............  No.
                                 Dates.
Sec. 63.7(a)(3).............  CAA section 114    Administrator may         Yes..............  No.
                                 Authority.         require a performance
                                                    test under CAA section
                                                    114 at any time.
Sec. 63.7(b)(1).............  Notification of    Must notify               Yes..............  No.
                                 Performance Test.  Administrator 60 days
                                                    before the test.
Sec. 63.7(b)(2).............  Notification of    If rescheduling a         Yes..............  No.
                                 Rescheduling.      performance test is
                                                    necessary, must notify
                                                    Administrator 5 days
                                                    before scheduled date
                                                    of rescheduled date.
Sec. 63.7(c)................  Quality Assurance/ Requirement to submit     Yes..............  No.
                                 Test Plan.         site-specific test plan
                                                    60 days before the test
                                                    or on date
                                                    Administrator agrees
                                                    with: test plan
                                                    approval procedures;
                                                    performance audit
                                                    requirements; and
                                                    internal and external
                                                    quality assurance
                                                    procedures for testing.
Sec. 63.7(d)................  Testing            Requirements for testing  Yes..............  No.
                                 Facilities.        facilities.
Sec. 63.7(e)(1).............  Conditions for     Performance tests must    Yes..............  No.
                                 Conducting         be conducted under
                                 Performance        representative
                                 Tests.             conditions; cannot
                                                    conduct performance
                                                    tests during startup,
                                                    shutdown, and
                                                    malfunction; not a
                                                    violation to exceed
                                                    standard during
                                                    startup, shutdown, and
                                                    malfunction.

[[Page 1309]]

 
Sec. 63.7(e)(2).............  Conditions for     Must conduct according    Yes..............  No.
                                 Conducting         to rule and the EPA
                                 Performance        test methods unless
                                 Tests.             Administrator approves
                                                    alternative.
Sec. 63.7(e)(3).............  Test Run Duration  Must have three test      Yes..............  No.
                                                    runs of at least 1 hour
                                                    each; compliance is
                                                    based on arithmetic
                                                    mean of three runs; and
                                                    conditions when data
                                                    from an additional test
                                                    run can be used.
Sec. 63.7(f)................  Alternative Test   Procedures by which       Yes..............  No.
                                 Method.            Administrator can grant
                                                    approval to use an
                                                    alternative test method.
Sec. 63.7(g)................  Performance Test   Must include raw data in  Yes..............  No.
                                 Data Analysis.     performance test
                                                    report; must submit
                                                    performance test data
                                                    60 days after end of
                                                    test with the
                                                    Notification of
                                                    Compliance Status
                                                    report; and keep data
                                                    for 5 years.
Sec. 63.7(h)................  Waiver of Tests..  Procedures for            Yes..............  No.
                                                    Administrator to waive
                                                    performance test.
Sec. 63.8(a)(1).............  Applicability of   Subject to all            Yes..............  Yes.
                                 Monitoring         monitoring requirements
                                 Requirements.      in standard.
Sec. 63.8(a)(2).............  Performance        Performance               Yes..............  No.
                                 Specifications.    Specifications in
                                                    appendix B of 40 CFR
                                                    part 60 apply.
Sec. 63.8(a)(3).............  [Reserved]
Sec. 63.8(a)(4).............  Monitoring with    ........................  No...............  No.
                                 Flares.
Sec. 63.8(b)(1).............  Monitoring.......  Must conduct monitoring   Yes..............  Yes.
                                                    according to standard
                                                    unless Administrator
                                                    approves alternative.
Sec. 63.8(b)(2)-(3).........  Multiple           Specific requirements     Yes..............  Yes.
                                 Effluents and      for installing
                                 Multiple           monitoring systems;
                                 Monitoring         must install on each
                                 Systems.           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 emission point,
                                                    must report all
                                                    monitoring system
                                                    results, unless one
                                                    monitoring system is a
                                                    backup.
Sec. 63.8(c)(1).............  Monitoring System  Maintain monitoring       Applies as         No.
                                 Operation and      system in a manner        modified by Sec.
                                 Maintenance.       consistent with good        63.5990(e) and
                                                    air pollution control     (f).
                                                    practices.
Sec. 63.8(c)(1)(i)..........  Routine and        ........................  No...............  No.
                                 Predictable
                                 Startup,
                                 Shutdown, and
                                 Malfunction.
Sec. 63.8(c)(1)(ii).........  Startup,           ........................  No...............  No.
                                 Shutdown, and
                                 Malfunction not
                                 in Startup,
                                 Shutdown, and
                                 Malfunction Plan.
Sec. 63.8(c)(1)(iii)........  Compliance with    How Administrator         Yes..............  Yes.
                                 Operation and      determines if source
                                 Maintenance        complying with
                                 Requirements.      operation and
                                                    maintenance
                                                    requirements; review of
                                                    source operation and
                                                    maintenance procedures,
                                                    records, manufacturer's
                                                    instructions,
                                                    recommendations, and
                                                    inspection of
                                                    monitoring system.
Sec. 63.8(c)(2)-(3).........  Monitoring System  Must install to get       Yes..............  No.
                                 Installation.      representative emission
                                                    and parameter
                                                    measurements; must
                                                    verify operational
                                                    status before or at
                                                    performance test.
Sec. 63.8(c)(4).............  CMS Requirements.  ........................  Applies as         No.
                                                                              modified by Sec.
                                                                                63.5990(f).
Sec. 63.8(c)(5).............  Continuous         ........................  No...............  No.
                                 Opacity
                                 Monitoring
                                 Systems Minimum
                                 Procedures.
Sec. 63.8(c)(6).............  CMS Requirements.  ........................  Applies as         No.
                                                                              modified by Sec.
                                                                                63.5990(e).
Sec. 63.8(c)(7)-(8).........  CMS Requirements.  Out-of-control periods,   Yes..............  No.
                                                    including reporting.

[[Page 1310]]

 
Sec. 63.8(d)................  CMS Quality        ........................  Applies as         No.
                                 Control.                                     modified by Sec.
                                                                                63.5990(e) and
                                                                              (f).
Sec. 63.8(e)................  CMS Performance    ........................  No...............  No.
                                 Evaluation.
Sec. 63.8(f)(1)-(5).........  Alternative        Procedures for            Yes..............  Yes.
                                 Monitoring         Administrator to
                                 Method.            approve alternative
                                                    monitoring.
Sec. 63.8(f)(6).............  Alternative to     ........................  No...............  No.
                                 Relative
                                 Accuracy Test.
Sec. 63.8(g)................  Data Reduction...  ........................  Applies as         No.
                                                                              modified by Sec.
                                                                                63.5990(f).
Sec. 63.9(a)................  Notification       Applicability and state   Yes..............  Yes.
                                 Requirements.      delegation.
Sec. 63.9(b)(1)-(5).........  Initial            Submit notification 120   Yes..............  Yes.
                                 Notifications.     days after effective
                                                    date; notification of
                                                    intent to construct/
                                                    reconstruct,
                                                    notification of
                                                    commencement of
                                                    construct/reconstruct,
                                                    notification of
                                                    startup; and contents
                                                    of each.
Sec. 63.9(c)................  Request for        Can request if cannot     Yes..............  Yes.
                                 Compliance         comply by date or if
                                 Extension.         installed best
                                                    available control
                                                    technology or lowest
                                                    achievable emission
                                                    rate.
Sec. 63.9(d)................  Notification of    For sources that          Yes..............  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 60   Yes..............  No.
                                 Performance Test.  days prior.
Sec. 63.9(f)................  Notification of    No......................  No...............
                                 VE/Opacity Test.
Sec. 63.9(g)................  Additional         No......................  No...............
                                 Notifications
                                 When Using CMS.
Sec. 63.9(h)................  Notification of    Contents; due 60 days     Yes..............  Yes.
                                 Compliance         after end of
                                 Status.            performance test or
                                                    other 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      Procedures for            Yes..............  Yes.
                                 Submittal          Administrator to
                                 Deadlines.         approve change in when
                                                    notifications must be
                                                    submitted.
Sec. 63.9(j)................  Change in          Must submit within 15     Yes..............  Yes.
                                 Previous           days after the change.
                                 Information.
Sec. 63.10(a)...............  Recordkeeping/     Applies to all, unless    Yes..............  Yes.
                                 Reporting.         compliance extension;
                                                    when to submit to
                                                    Federal vs. State
                                                    authority; procedures
                                                    for owners of more than
                                                    1 source.
Sec. 63.10(b)(1)............  Recordkeeping/     General Requirements;     Yes..............  Yes.
                                 Reporting.         keep all records
                                                    readily available; and
                                                    keep for 5 years..
Sec. 63.10(b)(2)(i)-(iv)....  Records related    Yes.....................  No...............
                                 to Startup,
                                 Shutdown, and
                                 Malfunction.
Sec. 63.10(b)(2)(vi) and (x)- CMS Records......  Malfunctions,             Yes..............  No.
 (xi).                                              inoperative, out-of-
                                                    control; calibration
                                                    checks; adjustments,
                                                    maintenance.
Sec. 63.10(b)(2)(vii)-(ix)..  Records..........  Measurements to           Yes..............  Yes.
                                                    demonstrate compliance
                                                    with emission
                                                    limitations; -
                                                    performance test,
                                                    performance evaluation,
                                                    and VE observation
                                                    results; and
                                                    measurements to
                                                    determine conditions of
                                                    performance tests and
                                                    performance evaluations.
Sec. 63.10(b)(2)(xii).......  Records..........  Records when under        Yes..............  Yes.
                                                    waiver.
Sec. 63.10(b)(2)(xiii)......  Records..........  ........................  No...............  No.
Sec. 63.10(b)(2)(xiv).......  Records..........  All documentation         Yes..............  Yes.
                                                    supporting Initial
                                                    Notification and
                                                    Notification of
                                                    Compliance Status.
Sec. 63.10(b)(3)............  Records..........  Applicability             Yes..............  Yes.
                                                    determinations.
Sec. 63.10(c)...............  Records..........  ........................  No...............  No.
Sec. 63.10(d)(1)............  General Reporting  Requirement to report...  Yes..............  Yes.
                                 Requirements.
Sec. 63.10(d)(2)............  Report of          When to submit to         Yes..............  No.
                                 Performance Test   Federal or State
                                 Results.           authority.

[[Page 1311]]

 
Sec. 63.10(d)(3)............  Reporting Opacity  ........................  No...............  No.
                                 or VE
                                 Observations.
Sec. 63.10(d)(4)............  Progress Reports.  Must submit progress      Yes..............  Yes.
                                                    reports on schedule if
                                                    under compliance
                                                    extension.
Sec. 63.10(d)(5)............  Startup,           ........................  Yes..............  No.
                                 Shutdown, and
                                 Malfunction
                                 Reports.
Sec. 63.10(e)...............  Additional CMS     ........................  No...............  No.
                                 Reports.
Sec. 63.10(f)...............  Waiver for         Procedures for            Yes..............  Yes.
                                 Recordkeeping/     Administrator to waive.
                                 Reporting.
Sec. 63.11..................  Flares...........  ........................  No...............  No.
Sec. 63.12..................  Delegation.......  State authority to        Yes..............  Yes.
                                                    enforce standards.
Sec. 63.13..................  Addresses........  Addresses where reports,  Yes..............  Yes.
                                                    notifications, and
                                                    requests are sent.
Sec. 63.14..................  Incorporation by   Test methods              Yes..............  Yes.
                                 Reference.         incorporated by
                                                    reference.
Sec. 63.15..................  Availability of    Public and confidential   Yes..............  Yes.
                                 Information.       information.
----------------------------------------------------------------------------------------------------------------

    After January 20, 2021, as stated in Sec. 63.6013, you must comply 
with the applicable General Provisions (GP) requirements according to 
the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                 Applicable to Subpart XXXX?
                                                     Brief description of   ------------------------------------
           Citation                  Subject          applicable sections     Using a control      Not using a
                                                                                   device        control device
----------------------------------------------------------------------------------------------------------------
Sec. 63.1...................  Applicability....  Initial applicability     Yes..............  Yes.
                                                    determination;
                                                    applicability after
                                                    standard established;
                                                    permit requirements;
                                                    extensions;
                                                    notifications.
Sec. 63.2...................  Definitions......  Definitions for part 63   Yes..............  Yes.
                                                    standards.
Sec. 63.3...................  Units and          Units and abbreviations   Yes..............  Yes.
                                 Abbreviations.     for part 63 standards.
Sec. 63.4...................  Prohibited         Prohibited activities;    Yes..............  Yes.
                                 Activities.        compliance date;
                                                    circumvention;
                                                    severability.
Sec. 63.5...................  Construction/      Applicability;            Yes..............  Yes.
                                 Reconstruction.    applications; approvals.
Sec. 63.6(a)................  Applicability....  GP apply unless           Yes..............  Yes.
                                                    compliance extension;
                                                    GP apply to area
                                                    sources that become
                                                    major.
Sec. 63.6(b)(1)-(4).........  Compliance Dates   Standards apply at        Yes..............  Yes.
                                 for New and        effective date; 3 years
                                 Reconstructed      after effective date;
                                 Sources.           upon startup; 10 years
                                                    after construction or
                                                    reconstruction
                                                    commences for CAA
                                                    section 112(f).
Sec. 63.6(b)(5).............  Notification.....  Must notify if commenced  Yes..............  Yes.
                                                    construction or
                                                    reconstruction after
                                                    proposal.
Sec. 63.6(b)(6).............  [Reserved].......
Sec. 63.6(b)(7).............  Compliance Dates   ........................  No...............  No.
                                 for New and
                                 Reconstructed
                                 Area Sources
                                 that Become
                                 Major.
Sec. 63.6(c)(1)-(2).........  Compliance Dates   Comply according to date  Yes..............  Yes.
                                 for Existing       in subpart, which must
                                 Sources.           be no later than 3
                                                    years after effective
                                                    date; for CAA section
                                                    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   Area sources that become  Yes..............  Yes.
                                 for Existing       major must comply with
                                 Area Sources       major source standards
                                 that Become        by date indicated in
                                 Major.             subpart or by
                                                    equivalent time period
                                                    (for example, 3 years).
Sec. 63.6(d)................  [Reserved].......
Sec. 63.6(e)(1)(i)-(ii).....  Operations and     ........................  No...............  No.
                                 Maintenance.

[[Page 1312]]

 
Sec. 63.6(e)(1)(iii)-(2)....  Operation and      Operate to minimize       Yes..............  Yes.
                                 Maintenance.       emissions at all times;
                                                    correct malfunctions as
                                                    soon as practicable;
                                                    and operation and
                                                    maintenance
                                                    requirements
                                                    independently
                                                    enforceable;
                                                    information
                                                    Administrator will use
                                                    to determine if
                                                    operation and
                                                    maintenance
                                                    requirements were met.
Sec. 63.6(e)(3).............  Startup,           ........................  No...............  No.
                                 Shutdown, and
                                 Malfunction Plan.
Sec. 63.6(f)(1).............  Startup,           ........................  No. See Sec. No.
                                 Shutdown, and                                63.5990(a).
                                 Malfunction
                                 Exemption.
Sec. 63.6(f)(2)-(3).........  Methods for        Compliance based on       Yes..............  Yes.
                                 Determining        performance test;
                                 Compliance.        operation and
                                                    maintenance plans;
                                                    records; inspection.
Sec. 63.6(g)(1)-(3).........  Alternative        Procedures for getting    Yes..............  Yes.
                                 Standard.          an alternative standard.
Sec. 63.6(h)................  Opacity/Visible    ........................  No...............  No.
                                 Emissions (VE)
                                 Standards.
Sec. 63.6(i)................  Compliance         Procedures and criteria   Yes..............  Yes.
                                 Extension.         for Administrator to
                                                    grant compliance
                                                    extension.
Sec. 63.6(j)................  Presidential       President may exempt      Yes..............  Yes.
                                 Compliance         source category from
                                 Exemption.         requirement to comply
                                                    with rule.
Sec. 63.7(a)(1)-(2).........  Performance Test   ........................  No...............  No.
                                 Dates.
Sec. 63.7(a)(3).............  CAA section 114    Administrator may         Yes..............  No.
                                 Authority.         require a performance
                                                    test under CAA section
                                                    114 at any time.
Sec. 63.7(b)(1).............  Notification of    Must notify               Yes..............  No.
                                 Performance Test.  Administrator 60 days
                                                    before the test.
Sec. 63.7(b)(2).............  Notification of    If rescheduling a         Yes..............  No.
                                 Rescheduling.      performance test is
                                                    necessary, must notify
                                                    Administrator 5 days
                                                    before scheduled date
                                                    of rescheduled date.
Sec. 63.7(c)................  Quality Assurance/ Requirement to submit     Yes..............  No.
                                 Test Plan.         site-specific test plan
                                                    60 days before the test
                                                    or on date
                                                    Administrator agrees
                                                    with: test plan
                                                    approval procedures;
                                                    performance audit
                                                    requirements; and
                                                    internal and external
                                                    quality assurance
                                                    procedures for testing.
Sec. 63.7(d)................  Testing            Requirements for testing  Yes..............  No.
                                 Facilities.        facilities.
Sec. 63.7(e)(1).............  Conditions for     Performance tests must    No...............  No.
                                 Conducting         be conducted under
                                 Performance        representative
                                 Tests.             conditions; cannot
                                                    conduct performance
                                                    tests during startup,
                                                    shutdown, and
                                                    malfunction.
Sec. 63.7(e)(2).............  Conditions for     Must conduct according    Yes..............  No.
                                 Conducting         to rule and the EPA
                                 Performance        test methods unless
                                 Tests.             Administrator approves
                                                    alternative.
Sec. 63.7(e)(3).............  Test Run Duration  Must have three test      Yes..............  No.
                                                    runs of at least 1 hour
                                                    each; compliance is
                                                    based on arithmetic
                                                    mean of three runs; and
                                                    conditions when data
                                                    from an additional test
                                                    run can be used.
Sec. 63.7(f)................  Alternative Test   Procedures by which       Yes..............  No.
                                 Method.            Administrator can grant
                                                    approval to use an
                                                    alternative test method.
Sec. 63.7(g)................  Performance Test   Must include raw data in  Yes..............  No.
                                 Data Analysis.     performance test
                                                    report; must submit
                                                    performance test data
                                                    60 days after end of
                                                    test with the
                                                    Notification of
                                                    Compliance Status
                                                    report; and keep data
                                                    for 5 years.
Sec. 63.7(h)................  Waiver of Tests..  Procedures for            Yes..............  No.
                                                    Administrator to waive
                                                    performance test.
Sec. 63.8(a)(1).............  Applicability of   Subject to all            Yes..............  Yes.
                                 Monitoring         monitoring requirements
                                 Requirements.      in standard.
Sec. 63.8(a)(2).............  Performance        Performance               Yes..............  No.
                                 Specifications.    Specifications in
                                                    appendix B of 40 CFR
                                                    part 60 apply.
Sec. 63.8(a)(3).............  [Reserved].......
Sec. 63.8(a)(4).............  Monitoring with    ........................  No...............  No.
                                 Flares.
Sec. 63.8(b)(1).............  Monitoring.......  Must conduct monitoring   Yes..............  Yes.
                                                    according to standard
                                                    unless Administrator
                                                    approves alternative.

[[Page 1313]]

 
Sec. 63.8(b)(2)-(3).........  Multiple           Specific requirements     Yes..............  Yes.
                                 Effluents and      for installing
                                 Multiple           monitoring systems;
                                 Monitoring         must install on each
                                 Systems.           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 emission point,
                                                    must report all
                                                    monitoring system
                                                    results, unless one
                                                    monitoring system is a
                                                    backup.
Sec. 63.8(c)(1).............  Monitoring System  Maintain monitoring       Applies as         No.
                                 Operation and      system in a manner        modified by Sec.
                                 Maintenance.       consistent with good        63.5990(e) and
                                                    air pollution control     (f).
                                                    practices.
Sec. 63.8(c)(1)(i)..........  Routine and        ........................  No...............  No.
                                 Predictable
                                 Startup,
                                 Shutdown, and
                                 Malfunction.
Sec. 63.8(c)(1)(ii).........  Startup,           ........................  No...............  No.
                                 Shutdown, and
                                 Malfunction not
                                 in Startup,
                                 Shutdown, and
                                 Malfunction Plan.
Sec. 63.8(c)(1)(iii)........  Compliance with    How the Administrator     No...............  No.
                                 Operation and      determines if source
                                 Maintenance        complying with
                                 Requirements.      operation and
                                                    maintenance
                                                    requirements; review of
                                                    source operation and
                                                    maintenance procedures,
                                                    records, manufacturer's
                                                    instructions,
                                                    recommendations, and
                                                    inspection of
                                                    monitoring system.
Sec. 63.8(c)(2)-(3).........  Monitoring System  Must install to get       Yes..............  No.
                                 Installation.      representative emission
                                                    and parameter
                                                    measurements; must
                                                    verify operational
                                                    status before or at
                                                    performance test.
Sec. 63.8(c)(4).............  CMS Requirements.  ........................  Applies as         No.
                                                                              modified by Sec.
                                                                                63.5990(f).
Sec. 63.8(c)(5).............  Continuous         ........................  No...............  No.
                                 Opacity
                                 Monitoring
                                 Systems Minimum
                                 Procedures.
Sec. 63.8(c)(6).............  CMS Requirements.  ........................  Applies as         No.
                                                                              modified by Sec.
                                                                                63.5990(e).
Sec. 63.8(c)(7)-(8).........  CMS Requirements.  Out-of-control periods,   Yes..............  No.
                                                    including reporting.
Sec. 63.8(d)................  CMS Quality        ........................  Applies as         No.
                                 Control.                                     modified by Sec.
                                                                                63.5990(e) and
                                                                              (f).
Sec. 63.8(d)(3).............  Written            ........................  No...............  No.
                                 Procedures for
                                 CMS.
Sec. 63.8(e)................  CMS Performance    ........................  No...............  No.
                                 Evaluation.
Sec. 63.8(f)(1)-(5).........  Alternative        Procedures for            Yes..............  Yes.
                                 Monitoring         Administrator to
                                 Method.            approve alternative
                                                    monitoring.
Sec. 63.8(f)(6).............  Alternative to     ........................  No...............  No.
                                 Relative
                                 Accuracy Test.
Sec. 63.8(g)................  Data Reduction...  ........................  Applies as         No.
                                                                              modified by Sec.
                                                                                63.5990(f).
Sec. 63.9(a)................  Notification       Applicability and state   Yes..............  Yes.
                                 Requirements.      delegation.
Sec. 63.9(b)(1)-(5).........  Initial            Submit notification 120   Yes..............  Yes.
                                 Notifications.     days after effective
                                                    date; notification of
                                                    intent to construct/
                                                    reconstruct,
                                                    notification of
                                                    commencement of
                                                    construct/reconstruct,
                                                    notification of
                                                    startup; and contents
                                                    of each.
Sec. 63.9(c)................  Request for        Can request if cannot     Yes..............  Yes.
                                 Compliance         comply by date or if
                                 Extension.         installed best
                                                    available control
                                                    technology or lowest
                                                    achievable emission
                                                    rate.
Sec. 63.9(d)................  Notification of    For sources that          Yes..............  Yes.
                                 Special            commence construction
                                 Compliance         between proposal and
                                 Requirements for   promulgation and want
                                 New Source.        to comply 3 years after
                                                    effective date.

[[Page 1314]]

 
Sec. 63.9(e)................  Notification of    Notify Administrator 60   Yes..............  No.
                                 Performance Test.  days prior.
Sec. 63.9(f)................  Notification of    ........................  No...............  No.
                                 VE/Opacity Test.
Sec. 63.9(g)................  Additional         ........................  No...............  No.
                                 Notifications
                                 When Using CMS.
Sec. 63.9(h)................  Notification of    Contents; due 60 days     Yes..............  Yes.
                                 Compliance         after end of
                                 Status.            performance test or
                                                    other 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      Procedures for            Yes..............  Yes.
                                 Submittal          Administrator to
                                 Deadlines.         approve change in when
                                                    notifications must be
                                                    submitted.
Sec. 63.9(j)................  Change in          Must submit within 15     Yes..............  Yes.
                                 Previous           days after the change.
                                 Information.
Sec. 63.10(a)...............  Recordkeeping/     Applies to all, unless    Yes..............  Yes.
                                 Reporting.         compliance extension;
                                                    when to submit to
                                                    Federal vs. State
                                                    authority; procedures
                                                    for owners of more than
                                                    1 source.
Sec. 63.10(b)(1)............  Recordkeeping/     General Requirements;     Yes..............  Yes.
                                 Reporting.         keep all records
                                                    readily available; and
                                                    keep for 5 years.
Sec. 63.10(b)(2)(i) and (iv-  Records related    ........................  No...............  No.
 v).                             to Startup,
                                 Shutdown, and
                                 Malfunction.
Sec. 63.10(b)(2)(ii)........  Recordkeeping of   ........................  No. See 63.6010
                                 failures to meet                             for
                                 a standard.                                  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), (vi),  CMS Records......  Malfunctions,             Yes..............  No.
 and (x)-(xi).                                      inoperative, out-of-
                                                    control; calibration
                                                    checks; adjustments,
                                                    maintenance.
Sec. 63.10(b)(2)(vii)-(ix)..  Records..........  Measurements to           Yes..............  Yes.
                                                    demonstrate compliance
                                                    with emission
                                                    limitations;
                                                    performance test,
                                                    performance evaluation,
                                                    and VE observation
                                                    results; and
                                                    measurements to
                                                    determine conditions of
                                                    performance tests and
                                                    performance evaluations.
Sec. 63.10(b)(2)(xii).......  Records..........  Records when under        Yes..............  Yes.
                                                    waiver.
Sec. 63.10(b)(2)(xiii)......  Records..........  ........................  No...............  No.
Sec. 63.10(b)(2)(xiv).......  Records..........  All documentation         Yes..............  Yes.
                                                    supporting Initial
                                                    Notification and
                                                    Notification of
                                                    Compliance Status.
Sec. 63.10(b)(3)............  Records..........  Applicability             Yes..............  Yes.
                                                    determinations.
Sec. 63.10(c)...............  Records..........  ........................  No...............  No.
Sec. 63.10(d)(1)............  General Reporting  Requirement to report...  Yes..............  Yes.
                                 Requirements.
Sec. 63.10(d)(2)............  Report of          When to submit to         Yes..............  No.
                                 Performance Test   Federal or State
                                 Results.           authority.
Sec. 63.10(d)(3)............  Reporting Opacity  ........................  No...............  No.
                                 or VE
                                 Observations.

[[Page 1315]]

 
Sec. 63.10(d)(4)............  Progress Reports.  Must submit progress      Yes..............  Yes.
                                                    reports on schedule if
                                                    under compliance
                                                    extension.
Sec. 63.10(d)(5)............  Startup,           ........................  No...............  No.
                                 Shutdown, and
                                 Malfunction
                                 Reports.
Sec. 63.10(e)...............  Additional CMS     ........................  No...............  No.
                                 Reports.
Sec. 63.10(f)...............  Waiver for         Procedures for            Yes..............  Yes.
                                 Recordkeeping/     Administrator to waive.
                                 Reporting.
Sec. 63.11..................  Flares...........  ........................  No...............  No.
Sec. 63.12..................  Delegation.......  State authority to        Yes..............  Yes.
                                                    enforce standards.
Sec. 63.13..................  Addresses........  Addresses where reports,  Yes..............  Yes.
                                                    notifications, and
                                                    requests are sent.
Sec. 63.14..................  Incorporation by   Test methods              Yes..............  Yes.
                                 Reference.         incorporated by
                                                    reference.
Sec. 63.15..................  Availability of    Public and confidential   Yes..............  Yes.
                                 Information.       information.
----------------------------------------------------------------------------------------------------------------


[85 FR 44765, July 24, 2020]

    Editorial Note: At 85 FR 73911, Nov. 19, 2020, table 17 to subpart 
XXXX of part 63 was amended by adding an entry for Sec. 63.9(k); 
however, the amendment could not be incorporated because there are two 
tables within table 17, and the regulatory instruction did not indicate 
which table should receive the new entry.



 Subpart YYYY_National Emission Standards for Hazardous Air Pollutants 
                   for Stationary Combustion Turbines

    Source: 69 FR 10537, Mar. 5, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.6080  What is the purpose of subpart YYYY?

    Subpart YYYY establishes national emission limitations and operating 
limitations for hazardous air pollutants (HAP) emissions from stationary 
combustion turbines located at major sources of HAP emissions, and 
requirements to demonstrate initial and continuous compliance with the 
emission and operating limitations.



Sec. 63.6085  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a stationary 
combustion turbine located at a major source of HAP emissions.
    (a) Stationary combustion turbine means all equipment, including but 
not limited to the turbine, the fuel, air, lubrication and exhaust gas 
systems, control systems (except emissions control equipment), and any 
ancillary components and sub-components comprising any simple cycle 
stationary combustion turbine, any regenerative/recuperative cycle 
stationary combustion turbine, the combustion turbine portion of any 
stationary cogeneration cycle combustion system, or the combustion 
turbine portion of any stationary combined cycle steam/electric 
generating system. Stationary means that the combustion turbine is not 
self propelled or intended to be propelled while performing its 
function, although it may be mounted on a vehicle for portability or 
transportability. Stationary combustion turbines covered by this subpart 
include simple cycle stationary combustion turbines, regenerative/
recuperative cycle stationary combustion turbines, cogeneration cycle 
stationary combustion turbines, and combined cycle stationary combustion 
turbines. Stationary combustion turbines subject to this subpart do not 
include turbines located at a research or laboratory facility, if 
research is conducted on the turbine itself and the turbine is not being 
used to power other applications at the research or laboratory facility.
    (b) A major source of HAP emissions is a contiguous site under 
common control that emits or has the potential to emit any single HAP at 
a rate of 10

[[Page 1316]]

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.



Sec. 63.6090  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 combustion turbine located at a major source of 
HAP emissions.
    (1) Existing stationary combustion turbine. A stationary combustion 
turbine is existing if you commenced construction or reconstruction of 
the stationary combustion turbine on or before January 14, 2003. A 
change in ownership of an existing stationary combustion turbine does 
not make that stationary combustion turbine a new or reconstructed 
stationary combustion turbine.
    (2) New stationary combustion turbine. A stationary combustion 
turbine is new if you commenced construction of the stationary 
combustion turbine after January 14, 2003.
    (3) Reconstructed stationary combustion turbine. A stationary 
combustion turbine is reconstructed if you meet the definition of 
reconstruction in Sec. 63.2 of subpart A of this part and 
reconstruction is commenced after January 14, 2003.
    (b) Subcategories with limited requirements. (1) A new or 
reconstructed stationary combustion turbine located at a major source 
which meets either of the following criteria 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. 63.6145(d):
    (i) The stationary combustion turbine is an emergency stationary 
combustion turbine; or
    (ii) The stationary combustion turbine is located on the North Slope 
of Alaska.
    (2) A stationary combustion turbine which burns landfill gas or 
digester gas equivalent to 10 percent or more of the gross heat input on 
an annual basis, or a stationary combustion turbine where gasified 
municipal solid waste (MSW) is used to generate 10 percent or more of 
the gross heat input on an annual basis does not have to meet the 
requirements of this subpart except for:
    (i) The initial notification requirements of Sec. 63.6145(d); and
    (ii) Additional monitoring and reporting requirements as provided in 
Sec. Sec. 63.6125(c) and 63.6150.
    (3) An existing, new, or reconstructed stationary combustion turbine 
with a rated peak power output of less than 1.0 megawatt (MW) at 
International Organization for Standardization (ISO) standard day 
conditions, which is located at a major source, does not have to meet 
the requirements of this subpart and of subpart A of this part. This 
determination applies to the capacities of individual combustion 
turbines, whether or not an aggregated group of combustion turbines has 
a common add-on air pollution control device. No initial notification is 
necessary, even if the unit appears to be subject to other requirements 
for initial notification. For example, a 0.75 MW emergency turbine would 
not have to submit an initial notification.
    (4) Existing stationary combustion turbines in all subcategories do 
not have to meet the requirements of this subpart and of subpart A of 
this part. No initial notification is necessary for any existing 
stationary combustion turbine, even if a new or reconstructed turbine in 
the same category would require an initial notification.
    (5) Combustion turbine engine test cells/stands do not have to meet 
the requirements of this subpart but may have to meet the requirements 
of subpart A of this part if subject to another subpart. No initial 
notification is necessary, even if the unit appears to be subject to 
other requirements for initial notification.



Sec. 63.6092  Are duct burners and waste heat recovery units 
covered by subpart YYYY?

    No, duct burners and waste heat recovery units are considered steam 
generating units and are not covered under this subpart. In some cases, 
it may be difficult to separately monitor emissions from the turbine and 
duct burner,

[[Page 1317]]

so sources are allowed to meet the required emission limitations with 
their duct burners in operation.



Sec. 63.6095  When do I have to comply with this subpart?

    (a) Affected sources. (1) If you start up a new or reconstructed 
stationary combustion turbine which is a lean premix oil-fired 
stationary combustion turbine or a diffusion flame oil-fired stationary 
combustion turbine as defined by this subpart on or before March 5, 
2004, you must comply with the emissions limitations and operating 
limitations in this subpart no later than March 5, 2004.
    (2) If you start up a new or reconstructed stationary combustion 
turbine which is a lean premix oil-fired stationary combustion turbine 
or a diffusion flame oil-fired stationary combustion turbine as defined 
by this subpart after March 5, 2004, you must comply with the emissions 
limitations and operating limitations in this subpart upon startup of 
your affected source.
    (3) If you start up a new or reconstructed stationary combustion 
turbine which is a lean premix gas-fired stationary combustion turbine 
or a diffusion flame gas-fired stationary combustion turbine as defined 
by this subpart on or before March 9, 2022, you must comply with the 
emissions limitations and operating limitations in this subpart no later 
than March 9, 2022.
    (4) If you start up a new or reconstructed stationary combustion 
turbine which is a lean premix gas-fired stationary combustion turbine 
or a diffusion flame gas-fired stationary combustion turbine as defined 
by this subpart after March 9, 2022, you must comply with the emissions 
limitations and operating limitations in this subpart upon startup of 
your affected source.
    (b) Area sources that become major sources. If your new or 
reconstructed stationary combustion turbine is an area source that 
increases its emissions or its potential to emit such that it becomes a 
major source of HAP, it must be in compliance with any applicable 
requirements of this subpart when it becomes a major source.
    (c) You must meet the notification requirements in Sec. 63.6145 
according to the schedule in Sec. 63.6145 and in 40 CFR part 63, 
subpart A.

[69 FR 10537, Mar. 5, 2004, as amended at 69 FR 51188, Aug. 18, 2004; 87 
FR 13192, Mar. 9, 2022]

                   Emission and Operating Limitations



Sec. 63.6100  What emission and operating limitations must I meet?

    For each new or reconstructed stationary combustion turbine which is 
a lean premix gas-fired stationary combustion turbine, a lean premix 
oil-fired stationary combustion turbine, a diffusion flame gas-fired 
stationary combustion turbine, or a diffusion flame oil-fired stationary 
combustion turbine as defined by this subpart, you must comply with the 
emission limitations and operating limitations in Table 1 and Table 2 of 
this subpart.

                     General Compliance Requirements



Sec. 63.6105  What are my general requirements for complying with
this subpart?

    (a) Before September 8, 2020, you must be in compliance with the 
emission limitations and operating limitations which apply to you at all 
times except during startup, shutdown, and malfunctions. After September 
8, 2020, you must be in compliance with the emission limitations, 
operating limitations, and other requirements in this subpart which 
apply to you at all times.
    (b) Before September 8, 2020, if you must comply with emission and 
operating limitations, you must operate and maintain your stationary 
combustion turbine, oxidation catalyst emission control device or other 
air pollution control equipment, and monitoring equipment in a manner 
consistent with good air pollution control practices for minimizing 
emissions at all times including during startup, shutdown, and 
malfunction.
    (c) After September 8, 2020, at all times, the owner or operator 
must operate and maintain any affected source, including associated air 
pollution control equipment and monitoring equipment, in a manner 
consistent with safety and good air pollution control practices for 
minimizing emissions. The general duty to minimize

[[Page 1318]]

emissions does not require the owner or operator to make any further 
efforts to reduce emissions if levels required by the applicable 
standard have been achieved. Determination of whether a source is 
operating in compliance with operation and maintenance requirements will 
be based on information available to the Administrator which may 
include, but is not limited to, monitoring results, review of operation 
and maintenance procedures, review of operation and maintenance records, 
and inspection of the source.

[85 FR 13539, Mar. 9, 2020]

               Testing and Initial Compliance Requirements



Sec. 63.6110  By what date must I conduct the initial performance
tests or other initial compliance demonstrations?

    (a) You must conduct the initial performance tests or other initial 
compliance demonstrations in Table 4 of this subpart that apply to you 
within 180 calendar days after the compliance date that is specified for 
your stationary combustion turbine in Sec. 63.6095 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 to determine outlet formaldehyde concentration on units 
for which a performance test has been previously conducted, but the test 
must meet all of the conditions described in paragraphs (b)(1) through 
(b)(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.



Sec. 63.6115  When must I conduct subsequent performance tests?

    Subsequent performance tests must be performed on an annual basis as 
specified in Table 3 of this subpart.



Sec. 63.6120  What performance tests and other procedures must I use?

    (a) You must conduct each performance test in Table 3 of this 
subpart that applies to you.
    (b) Each performance test must be conducted according to the 
requirements in Table 3 of this subpart. Before September 8, 2020, each 
performance test must be conducted according to the requirements of the 
General Provisions at Sec. 63.7(e)(1).
    (c) Performance tests must be conducted at high load, defined as 100 
percent plus or minus 10 percent. Before September 8, 2020, do not 
conduct performance tests or compliance evaluations during periods of 
startup, shutdown, or malfunction. After September 8, 2020, performance 
tests shall be conducted under such conditions based on representative 
performance of the affected source for the period being tested. 
Representative conditions exclude periods of startup and shutdown. The 
owner or operator may not conduct performance tests during periods of 
malfunction. The owner or operator must record the process information 
that is necessary to document operating conditions during the test and 
include in such record an explanation to support that such conditions 
represent normal operation. Upon request, the owner or operator shall 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (d) You must conduct three separate test runs for each performance 
test, and each test run must last at least 1 hour.
    (e) If your stationary combustion turbine is not equipped with an 
oxidation catalyst, you must petition the Administrator for operating 
limitations that you will monitor to demonstrate compliance with the 
formaldehyde emission limitation in Table

[[Page 1319]]

1. You must measure these operating parameters during the initial 
performance test and continuously monitor thereafter. Alternatively, you 
may petition the Administrator for approval of no additional operating 
limitations. If you submit a petition under this section, you must not 
conduct the initial performance test until after the petition has been 
approved or disapproved by the Administrator.
    (f) If your stationary combustion turbine is not equipped with an 
oxidation catalyst and you petition the Administrator for approval of 
additional operating limitations to demonstrate compliance with the 
formaldehyde emission limitation in Table 1, your petition must include 
the following information described in paragraphs (f)(1) through (5) of 
this section.
    (1) Identification of the specific parameters you propose to use as 
additional 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 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.
    (g) If you petition the Administrator for approval of no additional 
operating limitations, your petition must include the information 
described in paragraphs (g)(1) through (7) of this section.
    (1) Identification of the parameters associated with operation of 
the stationary combustion turbine 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 why establishing limitations on 
the parameters is not possible;
    (4) For the parameters which could change in such a way as to 
increase HAP emissions, a discussion of why you could not establish 
upper and/or lower values for the parameters which would establish 
limits on the parameters as operating limitations;
    (5) For the parameters which could change in such a way as to 
increase HAP emissions, 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, 
unreasonable or unnecessary to adopt the parameters as operating 
limitations.

[69 FR 10537, Mar. 5, 2004, as amended at 85 FR 13539, Mar. 9, 2020]



Sec. 63.6125  What are my monitor installation, operation, and
maintenance requirements?

    (a) If you are operating a stationary combustion turbine that is 
required to comply with the formaldehyde emission limitation and you use 
an oxidation catalyst emission control device, you must monitor on a 
continuous basis your catalyst inlet temperature in order to comply with 
the operating limitations in Table 2 and as specified in Table 5 of this 
subpart.
    (b) If you are operating a stationary combustion turbine that is 
required to comply with the formaldehyde emission limitation and you are 
not using an oxidation catalyst, you must continuously monitor any 
parameters specified in your approved petition to the Administrator, in 
order to comply with the operating limitations in Table

[[Page 1320]]

2 and as specified in Table 5 of this subpart.
    (c) If you are operating a stationary combustion turbine which fires 
landfill gas or digester gas equivalent to 10 percent or more of the 
gross heat input on an annual basis, or a stationary combustion turbine 
where gasified MSW is used to generate 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 turbine in a 
manner which minimizes HAP emissions.
    (d) If you are operating a lean premix gas-fired stationary 
combustion turbine or a diffusion flame gas-fired stationary combustion 
turbine as defined by this subpart, and you use any quantity of 
distillate oil to fire any new or existing stationary combustion turbine 
which is located at the same major source, you must monitor and record 
your distillate oil usage daily for all new and existing stationary 
combustion turbines located at the major source with a non-resettable 
hour meter to measure the number of hours that distillate oil is fired.
    (e) After September 8, 2020, if you are required to use a continuous 
monitoring system (CMS), you must develop and implement a CMS quality 
control program that included written procedures for CMS according to 
Sec. 63.8(d)(1) through (2). You must 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).

[69 FR 10537, Mar. 5, 2004, as amended at 85 FR 13539, Mar. 9, 2020]



Sec. 63.6130  How do I demonstrate initial compliance with the emission
and operating limitations?

    (a) You must demonstrate initial compliance with each emission and 
operating limitation that applies to you according to Table 4 of this 
subpart.
    (b) You must submit the Notification of Compliance Status containing 
results of the initial compliance demonstration according to the 
requirements in Sec. 63.6145(f).

                   Continuous Compliance Requirements



Sec. 63.6135  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) Except for monitor malfunctions, associated repairs, and 
required quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments of 
the monitoring system), you must conduct all parametric monitoring at 
all times the stationary combustion turbine is operating.
    (b) Do not use data recorded during monitor malfunctions, associated 
repairs, and required quality assurance or quality control activities 
for meeting the requirements of this subpart, including data averages 
and calculations. You must use all the data collected during all other 
periods in assessing the performance of the control device or in 
assessing emissions from the new or reconstructed stationary combustion 
turbine.



Sec. 63.6140  How do I demonstrate continuous compliance with
the emission and operating limitations?

    (a) You must demonstrate continuous compliance with each emission 
limitation and operating limitation in Table 1 and Table 2 of this 
subpart according to methods specified in Table 5 of this subpart.
    (b) You must report each instance in which you did not meet each 
emission imitation or operating limitation. You must also report each 
instance in which you did not meet the requirements in Table 7 of this 
subpart that apply to you. These instances are deviations from the 
emission and operating

[[Page 1321]]

limitations in this subpart. These deviations must be reported according 
to the requirements in Sec. 63.6150.
    (c) Before September 8, 2020, consistent with Sec. Sec. 63.6(e) and 
63.7(e)(1), deviations that occur during a period of startup, shutdown, 
and malfunction are not violations if you have operated your stationary 
combustion turbine in accordance with Sec. 63.6(e)(1)(i).

[69 FR 10537, Mar. 5, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 85 
FR 13539, Mar. 9, 2020]

                   Notifications, Reports, and Records



Sec. 63.6145  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 63.9(b) and (h) that apply to you by 
the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you start up your new or 
reconstructed stationary combustion turbine before March 5, 2004, you 
must submit an Initial Notification not later than 120 calendar days 
after March 5, 2004, 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), if you start up your new or 
reconstructed stationary combustion turbine on or after March 5, 2004, 
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 submit an Initial Notification but are 
otherwise not affected by the emission limitation requirements of this 
subpart, in accordance with Sec. 63.6090(b), your notification must 
include the information in Sec. 63.9(b)(2)(i) through (v) and a 
statement that your new or reconstructed stationary combustion turbine 
has no additional emission limitation requirements and must explain the 
basis of the exclusion (for example, that it operates exclusively as an 
emergency stationary combustion turbine).
    (e) If you are required to conduct an initial performance test, you 
must submit a notification of intent to conduct an initial performance 
test at least 60 calendar days before the initial performance test is 
scheduled to begin as required in Sec. 63.7(b)(1).
    (f) If you are required to comply with the emission limitation for 
formaldehyde, you must submit a Notification of Compliance Status 
according to Sec. 63.9(h)(2)(ii). For each performance test required to 
demonstrate compliance with the emission limitation for formaldehyde, 
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.

[69 FR 10537, Mar, 5, 2004, as amended at 85 FR 73911, Nov. 19, 2020]



Sec. 63.6150  What reports must I submit and when?

    (a) Compliance report. Anyone who owns or operates a stationary 
combustion turbine which must meet the emission limitation for 
formaldehyde must submit a semiannual compliance report according to 
Table 6 of this subpart. The semiannual compliance report must contain 
the information described in paragraphs (a)(1) through (5) of this 
section. The semiannual compliance report, including the excess 
emissions and monitoring system performance reports of Sec. 
63.10(e)(3), must be submitted by the dates specified in paragraphs 
(b)(1) through (5) of this section, unless the Administrator has 
approved a different schedule. After September 8, 2020, or once the 
reporting template has been available on the Compliance and Emissions 
Data Reporting Interface (CEDRI) website for 180 days, whichever date is 
later, you must submit all subsequent reports to the EPA following the 
procedure specified in paragraph (g) 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) Before September 8, 2020, for each deviation from an emission 
limitation, the compliance report must contain the information in 
paragraphs (a)(4)(i) through (iii) of this section.
    (i) The total operating time of each stationary combustion turbine 
during the reporting period.

[[Page 1322]]

    (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 monitor 
downtime incidents (including unknown cause, if applicable, other than 
downtime associated with zero and span and other daily calibration 
checks).
    (5) After September 8, 2020, report each deviation in the semiannual 
compliance report. Report the information specified in paragraphs 
(a)(5)(i) through (iv) of this section.
    (i) Report the number of deviations. For each instance, report the 
start date, start time, duration, and cause of each deviation, and the 
corrective action taken.
    (ii) For each deviation, 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.
    (iii) Information on the number, duration, and cause for monitor 
downtime incidents (including unknown cause, if applicable, other than 
downtime associated with zero and span and other daily calibration 
checks), as applicable, and the corrective action taken.
    (iv) Report the total operating time of the affected source during 
the reporting period.
    (b) Dates of submittal for the semiannual compliance report are 
provided in (b)(1) through (b)(5) of this section.
    (1) The first semiannual compliance report must cover the period 
beginning on the compliance date specified in Sec. 63.6095 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 specified 
in Sec. 63.6095.
    (2) The first semiannual 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 in Sec. 63.6095.
    (3) Each subsequent semiannual 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 semiannual 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 combustion turbine that is subject to 
permitting regulations pursuant to 40 CFR part 70 or 71, and if the 
permitting authority has established the date for submitting annual 
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.
    (c) If you are operating as a stationary combustion turbine which 
fires landfill gas or digester gas equivalent to 10 percent or more of 
the gross heat input on an annual basis, or a stationary combustion 
turbine where gasified MSW is used to generate 10 percent or more of the 
gross heat input on an annual basis, you must submit an annual report 
according to Table 6 of this subpart by the date specified unless the 
Administrator has approved a different schedule, according to the 
information described in paragraphs (d)(1) through (5) of this section. 
You must report the data specified in (c)(1) through (3) of this 
section. After September 8, 2020, you must submit all subsequent reports 
to the EPA following the procedure specified in paragraph (g) 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, digester gas, or gasified MSW 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.
    (d) Dates of submittal for the annual report are provided in (d)(1) 
through (d)(5) of this section.

[[Page 1323]]

    (1) The first annual report must cover the period beginning on the 
compliance date specified in Sec. 63.6095 and ending on December 31.
    (2) The first annual report must be postmarked or delivered no later 
than January 31.
    (3) Each subsequent annual report must cover the annual reporting 
period from January 1 through December 31.
    (4) Each subsequent annual report must be postmarked or delivered no 
later than January 31.
    (5) For each stationary combustion turbine that is subject to 
permitting regulations pursuant to 40 CFR part 70 or 71, and if the 
permitting authority has established the date for submitting annual 
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 (d)(1) through (4) of 
this section.
    (e) If you are operating a lean premix gas-fired stationary 
combustion turbine or a diffusion flame gas-fired stationary combustion 
turbine as defined by this subpart, and you use any quantity of 
distillate oil to fire any new or existing stationary combustion turbine 
which is located at the same major source, you must submit an annual 
report according to Table 6 of this subpart by the date specified unless 
the Administrator has approved a different schedule, according to the 
information described in paragraphs (d)(1) through (5) of this section. 
You must report the data specified in (e)(1) through (3) of this 
section. After September 8, 2020, you must submit all subsequent reports 
to the EPA following the procedure specified in paragraph (g) of this 
section.
    (1) The number of hours distillate oil was fired by each new or 
existing stationary combustion turbine during the reporting period.
    (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.
    (f) Performance test report. After September 8, 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 (as 
specified in Sec. 63.6145(f)) 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 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 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 (f)(1) 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.
    (g) If you are required to submit reports following the procedure 
specified

[[Page 1324]]

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 
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 the EPA's CDX as described earlier in 
this paragraph.
    (h) 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 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 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

[[Page 1325]]

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 10537, Mar. 5, 2004, as amended at 85 FR 13539, Mar. 9, 2020]



Sec. 63.6155  What records must I keep?

    (a) You must keep the records as described in paragraphs (a)(1) 
through (7) 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 and performance evaluations as 
required in Sec. 63.10(b)(2)(viii).
    (3) Before September 8, 2020, records of the occurrence and duration 
of each startup, shutdown, or malfunction as required in Sec. 
63.10(b)(2)(i).
    (4) Before September 8, 2020, records of the occurrence and duration 
of each malfunction of the air pollution control equipment, if 
applicable, as required in Sec. 63.10(b)(2)(ii).
    (5) Records of all maintenance on the air pollution control 
equipment as required in Sec. 63.10(b)(2)(iii).
    (6) After September 8, 2020, records of the date, time, and duration 
of each startup period, recording the periods when the affected source 
was subject to the standard applicable to startup.
    (7) After September 8, 2020, keep records as follows.
    (i) Record 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. 63.6105(c), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (b) If you are operating a stationary combustion turbine which fires 
landfill gas, digester gas or gasified MSW equivalent to 10 percent or 
more of the gross heat input on an annual basis, or if you are operating 
a lean premix gas-fired stationary combustion turbine or a diffusion 
flame gas-fired stationary combustion turbine as defined by this 
subpart, and you use any quantity of distillate oil to fire any new or 
existing stationary combustion turbine which is located at the same 
major source, you must keep the records of your daily fuel usage 
monitors.
    (c) You must keep the records required in Table 5 of this subpart to 
show continuous compliance with each operating limitation that applies 
to you.
    (d) 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 10537, Mar. 5, 2004, as amended at 85 FR 13541, Mar. 9, 2020]



Sec. 63.6160  In what form and how long must I keep my records?

    (a) You must maintain all applicable records in such a manner that 
they can be readily accessed and are suitable for inspection according 
to Sec. 63.10(b)(1).

[[Page 1326]]

    (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 retain your records of the most recent 2 years on site 
or your records must be accessible on site. Your records of the 
remaining 3 years may be retained off site.

                   Other Requirements and Information



Sec. 63.6165  What parts of the General Provisions apply to me?

    Table 7 of this subpart shows which parts of the General Provisions 
in Sec. 63.1 through 15 apply to you.



Sec. 63.6170  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 
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 
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 section 40 CFR part 
63, subpart E, 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 that will not be delegated to State, local, or 
tribal agencies are:
    (1) Approval of alternatives to the emission limitations or 
operating limitations in Sec. 63.6100 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 to determine outlet formaldehyde 
concentration, as specified in Sec. 63.6110(b).
    (6) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.

[69 FR 10537, Mar. 5, 2004, as amended at 85 FR 13541, Mar. 9, 2020]



Sec. 63.6175  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA; in 40 CFR 63.2, 
the General Provisions of this part; and in this section:
    Area source means any stationary source of HAP that is not a major 
source as defined in this part.
    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 reciprocating internal combustion 
engines.
    CAA means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by 
Public Law 101-549, 104 Stat. 2399).
    Cogeneration cycle stationary combustion turbine means any 
stationary combustion turbine that recovers heat from the stationary 
combustion turbine exhaust gases using an exhaust heat exchanger, such 
as a heat recovery steam generator.
    Combined cycle stationary combustion turbine means any stationary 
combustion turbine that recovers heat from the stationary combustion 
turbine exhaust gases using an exhaust heat exchanger to generate steam 
for use in a steam turbine.
    Combustion turbine engine test cells/stands means engine test cells/
stands, as defined in subpart PPPPP of this part, that test stationary 
combustion turbines.
    Compressor station means any permanent combination of compressors 
that move natural gas at increased pressure from fields, in transmission 
pipelines, or into storage.

[[Page 1327]]

    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;
    (3) Fails to meet any emission limitation or operating limitation in 
this subpart during malfunction, regardless of whether or not such 
failure is permitted by this subpart;
    (4) Before September 8, 2020, fails to satisfy the general duty to 
minimize emissions established by Sec. 63.6(e)(1)(i), or
    (5) After September 8, 2020, fails to satisfy the general duty to 
minimize emissions established by Sec. 63.6105.
    Diffusion flame gas-fired stationary combustion turbine means:
    (1)(i) Each stationary combustion turbine which is equipped only to 
fire gas using diffusion flame technology,
    (ii) Each stationary combustion turbine which is equipped both to 
fire gas using diffusion flame technology and to fire oil, during any 
period when it is firing gas, and
    (iii) Each stationary combustion turbine which is equipped both to 
fire gas using diffusion flame technology and to fire oil, and is 
located at a major source where all new, reconstructed, and existing 
stationary combustion turbines fire oil no more than an aggregate total 
of 1000 hours during the calendar year.
    (2) Diffusion flame gas-fired stationary combustion turbines do not 
include:
    (i) Any emergency stationary combustion turbine,
    (ii) Any stationary combustion turbine located on the North Slope of 
Alaska, or
    (iii) Any stationary combustion turbine burning landfill gas or 
digester gas equivalent to 10 percent or more of the gross heat input on 
an annual basis, or any stationary combustion turbine where gasified MSW 
is used to generate 10 percent or more of the gross heat input on an 
annual basis.
    Diffusion flame oil-fired stationary combustion turbine means:
    (1)(i) Each stationary combustion turbine which is equipped only to 
fire oil using diffusion flame technology, and
    (ii) Each stationary combustion turbine which is equipped both to 
fire oil using diffusion flame technology and to fire gas, and is 
located at a major source where all new, reconstructed, and existing 
stationary combustion turbines fire oil more than an aggregate total of 
1000 hours during the calendar year, during any period when it is firing 
oil.
    (2) Diffusion flame oil-fired stationary combustion turbines do not 
include:
    (i) Any emergency stationary combustion turbine, or
    (ii) Any stationary combustion turbine located on the North Slope of 
Alaska.
    Diffusion flame technology means a configuration of a stationary 
combustion turbine where fuel and air are injected at the combustor and 
are mixed only by diffusion prior to ignition.
    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.
    Distillate oil 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.
    Emergency stationary combustion turbine means any stationary 
combustion

[[Page 1328]]

turbine that operates in an emergency situation. Examples include 
stationary combustion turbines used to produce power for critical 
networks or equipment (including power supplied to portions of a 
facility) when electric power from the local utility is interrupted, or 
stationary combustion turbines used to pump water in the case of fire or 
flood, etc. Emergency stationary combustion turbines do not include 
stationary combustion turbines used as peaking units at electric 
utilities or stationary combustion turbines at industrial facilities 
that typically operate at low capacity factors. Emergency stationary 
combustion turbines may be operated for the purpose of maintenance 
checks and readiness testing, provided that the tests are required by 
the manufacturer, the vendor, or the insurance company associated with 
the turbine. Required testing of such units should be minimized, but 
there is no time limit on the use of emergency stationary combustion 
turbines.
    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 pollutant (HAP) means any air pollutant listed in or 
pursuant to section 112(b) of the CAA.
    ISO standard day conditions means 288 degrees Kelvin (15 [deg]C), 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 premix gas-fired stationary combustion turbine means:
    (1)(i) Each stationary combustion turbine which is equipped only to 
fire gas using lean premix technology,
    (ii) Each stationary combustion turbine which is equipped both to 
fire gas using lean premix technology and to fire oil, during any period 
when it is firing gas, and
    (iii) Each stationary combustion turbine which is equipped both to 
fire gas using lean premix technology and to fire oil, and is located at 
a major source where all new, reconstructed, and existing stationary 
combustion turbines fire oil no more than an aggregate total of 1000 
hours during the calendar year.
    (2) Lean premix gas-fired stationary combustion turbines do not 
include:
    (i) Any emergency stationary combustion turbine,
    (ii) Any stationary combustion turbine located on the North Slope of 
Alaska, or
    (iii) Any stationary combustion turbine burning landfill gas or 
digester gas equivalent to 10 percent or more of the gross heat input on 
an annual basis, or any stationary combustion turbine where gasified MSW 
is used to generate 10 percent or more of the gross heat input on an 
annual basis.
    Lean premix oil-fired stationary combustion turbine means:
    (1)(i) Each stationary combustion turbine which is equipped only to 
fire oil using lean premix technology, and
    (ii) Each stationary combustion turbine which is equipped both to 
fire oil using lean premix technology and to fire gas, and is located at 
a major source where all new, reconstructed, and existing stationary 
combustion turbines fire oil more than an aggregate total of 1000 hours 
during the calendar year, during any period when it is firing oil.
    (2) Lean premix oil-fired stationary combustion turbines do not 
include:
    (i) Any emergency stationary combustion turbine, or
    (ii) Any stationary combustion turbine located on the North Slope of 
Alaska.
    Lean premix technology means a configuration of a stationary 
combustion turbine where the air and fuel are thoroughly mixed to form a 
lean mixture for combustion in the combustor. Mixing may occur before or 
in the combustion chamber.

[[Page 1329]]

    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 this section, 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 this section, 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 this 
standard to be exceeded. Failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.
    Municipal solid waste as used in this subpart is as defined in Sec. 
60.1465 of Subpart AAAA of 40 CFR Part 60, New Source Performance 
Standards for Small Municipal Waste Combustion Units.
    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. May be field or 
pipeline quality. For the purposes of this subpart, the definition of 
natural gas includes similarly constituted fuels such as field gas, 
refinery gas, and syngas.
    Natural gas transmission means the pipelines used for the long 
distance transport of natural gas (excluding processing). Specific 
equipment used in natural gas transmission includes the land, mains, 
valves, meters, boosters, regulators, storage vessels, dehydrators, 
compressors, and their driving units and appurtenances, and equipment 
used transporting gas from a production plant, delivery point of 
purchased gas, gathering system, storage area, or other wholesale source 
of gas to one or more distribution area(s).
    Natural gas transmission and storage facility means any grouping of 
equipment where natural gas is processed, compressed, or stored prior to 
entering a pipeline to a local distribution company or (if there is no 
local distribution company) to a final end user. Examples of a facility 
for this source category are: an underground natural gas storage 
operation; or a natural gas compressor station that receives natural gas 
via pipeline, from an underground natural gas storage operation, or from 
a natural gas processing plant. The emission points associated with 
these phases include, but are not limited to, process vents. Processes 
that may have vents include, but are not limited to, dehydration and 
compressor station engines. Facility, for the purpose of a major source 
determination, means natural gas transmission and storage equipment that 
is located inside the boundaries of an individual surface site (as 
defined in this section) and is connected by ancillary equipment, such 
as gas flow lines or power lines. Equipment that is part of a facility 
will typically be located within close proximity to other equipment 
located at the same facility. Natural gas transmission and storage 
equipment or groupings of equipment located on different gas leases, 
mineral fee tracts, lease tracts, subsurface unit areas, surface fee 
tracts, or surface lease tracts shall not be considered part of the same 
facility.
    North Slope of Alaska means the area north of the Arctic Circle 
(latitude 66.5 degrees North).
    Oil and gas production facility as used in this subpart means any 
grouping of

[[Page 1330]]

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 emission control device means an emission control 
device that incorporates catalytic oxidation to reduce CO emissions.
    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.
    Regenerative/recuperative cycle stationary combustion turbine means 
any stationary combustion turbine that recovers heat from the stationary 
combustion turbine exhaust gases using an exhaust heat exchanger to 
preheat the combustion air entering the combustion chamber of the 
stationary combustion turbine.
    Research or laboratory facility means any stationary source whose 
primary purpose is to conduct research and development into new 
processes and products, where such source is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis matter.
    Simple cycle stationary combustion turbine means any stationary 
combustion turbine that does not recover heat from the stationary 
combustion turbine exhaust gases.
    Startup begins at the first firing of fuel in the stationary 
combustion turbine. For simple cycle turbines, startup ends when the 
stationary combustion turbine has reached stable operation or after 1 
hour, whichever is less. For combined cycle turbines, startup ends when 
the stationary combustion turbine has reached stable operation or after 
3 hours, whichever is less. Turbines in combined cycle configurations 
that are operating as simple cycle turbines must meet the startup 
requirements for simple cycle turbines while operating as simple cycle 
turbines.

[[Page 1331]]

    Stationary combustion turbine means all equipment, including but not 
limited to the turbine, the fuel, air, lubrication and exhaust gas 
systems, control systems (except emissions control equipment), and any 
ancillary components and sub-components comprising any simple cycle 
stationary combustion turbine, any regenerative/recuperative cycle 
stationary combustion turbine, the combustion turbine portion of any 
stationary cogeneration cycle combustion system, or the combustion 
turbine portion of any stationary combined cycle steam/electric 
generating system. Stationary means that the combustion turbine is not 
self propelled or intended to be propelled while performing its 
function. Stationary combustion turbines do not include turbines located 
at a research or laboratory facility, if research is conducted on the 
turbine itself and the turbine is not being used to power other 
applications at the research or laboratory facility.
    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.
    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.

[69 FR 10537, Mar. 5, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 85 
FR 13541, Mar. 9, 2020]



      Sec. Table 1 to Subpart YYYY of Part 63--Emission Limitations

    As stated in Sec. 63.6100, you must comply with the following 
emission limitations.

------------------------------------------------------------------------
 For each new or reconstructed stationary
   combustion turbine described in Sec. You must meet the following
          63.6100 which is . . .             emission limitations . . .
------------------------------------------------------------------------
1. a lean premix gas-fired stationary       limit the concentration of
 combustion turbine as defined in this       formaldehyde to 91 ppbvd or
 subpart,                                    less at 15-percent O2,
2. a lean premix oil-fired stationary        except during turbine
 combustion turbine as defined in this       startup. The period of time
 subpart,                                    for turbine startup is
3. a diffusion flame gas-fired stationary    subject to the limits
 combustion turbine as defined in this       specified in the definition
 subpart, or                                 of startup in Sec.
4. a diffusion flame oil-fired stationary    63.6175.
 combustion turbine as defined in this
 subpart.
------------------------------------------------------------------------


[85 FR 13542, Mar. 9, 2020]



     Sec. Table 2 to Subpart YYYY of Part 63--Operating Limitations

    As stated in Sec. Sec. 63.6100 and 63.6140, you must comply with 
the following operating limitations.

------------------------------------------------------------------------
               For . . .                          You must . . .
------------------------------------------------------------------------
1. each stationary combustion turbine    maintain the 4-hour rolling
 that is required to comply with the      average of the catalyst inlet
 emission limitation for formaldehyde     temperature within the range
 and is using an oxidation catalyst.      suggested by the catalyst
                                          manufacturer. You are not
                                          required to use the catalyst
                                          inlet temperature data that is
                                          recorded during engine startup
                                          in the calculations of the 4-
                                          hour rolling average catalyst
                                          inlet temperature.
2. each stationary combustion turbine    maintain any operating
 that is required to comply with the      limitations approved by the
 emission limitation for formaldehyde     Administrator.
 and is not using an oxidation catalyst.
------------------------------------------------------------------------


[85 FR 13542, Mar. 9, 2020]

[[Page 1332]]



 Sec. Table 3 to Subpart YYYY of Part 63--Requirements for Performance 
               Tests and Initial Compliance Demonstrations

    As stated in Sec. 63.6120, you must comply with the following 
requirements for performance tests and initial compliance 
demonstrations.

------------------------------------------------------------------------
                                                      According to the
       You must . . .              Using . . .            following
                                                     requirements . . .
------------------------------------------------------------------------
a. demonstrate formaldehyde   Test Method 320 of    formaldehyde
 emissions meet the emission   40 CFR part 63,       concentration must
 limitations specified in      appendix A; ASTM      be corrected to 15-
 Table 1 by a performance      D6348-12e1 \1\        percent O2, dry
 test initially and on an      provided that the     basis. Results of
 annual basis AND.             test plan             this test consist
                               preparation and       of the average of
                               implementation        the three 1-hour
                               provisions of         runs. Test must be
                               Annexes A1 through    conducted within 10
                               A8 are followed and   percent of 100-
                               the %R as             percent load.
                               determined in Annex
                               A5 is equal or
                               greater than 70%
                               and less than or
                               equal to 130%; \2\
                               or other methods
                               approved by the
                               Administrator.
b. select the sampling port   Method 1 or 1A of 40  if using an air
 location and the number of    CFR part 60,          pollution control
 traverse points AND.          appendix A.           device, the
                                                     sampling site must
                                                     be located at the
                                                     outlet of the air
                                                     pollution control
                                                     device.
c. determine the O2           Method 3A or 3B of    measurements to
 concentration at the          40 CFR part 60,       determine O2
 sampling port location AND.   appendix A; ANSI/     concentration must
                               ASME PTC 19.10-1981   be made at the same
                               \1\ (Part 10)         time as the
                               manual portion        performance test.
                               only; ASTM D6522-11
                               \1\ if the turbine
                               is fueled by
                               natural gas.
d. determine the moisture     Method 4 of 40 CFR    measurements to
 content at the sampling       part 60, appendix A   determine moisture
 port location for the         or Test Method 320    content must be
 purposes of correcting the    of 40 CFR part 63,    made at the same
 formaldehyde concentration    appendix A, or ASTM   time as the
 to a dry basis.               D6348-12e1 \1\.       performance test.
------------------------------------------------------------------------
\1\ Incorporated by reference, see Sec. 63.14.
\2\ 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 using the following equation:
Reported Results = ((Measured Concentration in Stack)/(%R)) x 100.


[85 FR 13542, Mar. 9, 2020]



    Sec. Table 4 to Subpart YYYY of Part 63--Initial Compliance With 
                          Emission Limitations

    As stated in Sec. Sec. 63.6110 and 63.6130, you must comply with 
the following requirements to demonstrate initial compliance with 
emission limitations

------------------------------------------------------------------------
                                        You have demonstrated initial
           For the . . .                     compliance if . . .
------------------------------------------------------------------------
emission limitation for             the average formaldehyde
 formaldehyde..                      concentration meets the emission
                                     limitations specified in Table 1.
------------------------------------------------------------------------



  Sec. Table 5 to Subpart YYYY of Part 63--Continuous Compliance With 
                          Operating Limitations

    As stated in Sec. Sec. 63.6135 and 63.6140, you must comply with 
the following requirements to demonstrate continuing compliance with 
operating limitations:

------------------------------------------------------------------------
 For each stationary combustion turbine
 complying with the emission limitation  You must demonstrate continuous
         for formaldehyde . . .                compliance by . . .
------------------------------------------------------------------------
1. with an oxidation catalyst..........  continuously monitoring the
                                          inlet temperature to the
                                          catalyst and maintaining the 4-
                                          hour rolling average of the
                                          inlet temperature within the
                                          range suggested by the
                                          catalyst manufacturer.
------------------------------------------------------------------------
2. without the use of an oxidation       continuously monitoring the
 catalyst.                                operating limitations that
                                          have been approved in your
                                          petition to the Administrator.
------------------------------------------------------------------------


[[Page 1333]]



    Sec. Table 6 to Subpart YYYY of Part 63--Requirements for Reports

    As stated in Sec. 63.6150, you must comply with the following 
requirements for reports

------------------------------------------------------------------------
                                                      According to the
 If you own or operate a . .     you must . . .           following
              .                                      requirements . . .
------------------------------------------------------------------------
1. stationary combustion      report your           semiannually,
 turbine which must comply     compliance status.    according to the
 with the formaldehyde                               requirements of
 emission limitation.                                Sec. 63.6150.
------------------------------------------------------------------------
2. stationary combustion      report (1) the fuel   annually, according
 turbine which fires           flow rate of each     to the requirements
 landfill gas, digester gas    fuel and the          in Sec. 63.6150.
 or gasified MSW equivalent    heating values that
 to 10 percent or more of      were used in your
 the gross heat input on an    calculations, and
 annual basis.                 you must
                               demonstrate that
                               the percentage of
                               heat input provided
                               by landfill gas,
                               digester gas, or
                               gasified MSW is
                               equivalent to 10
                               percent or more of
                               the gross heat
                               input on an annual
                               basis, (2) the
                               operating limits
                               provided in your
                               federally
                               enforceable permit,
                               and any deviations
                               from these limits,
                               and (3) any
                               problems or errors
                               suspected with the
                               meters.
------------------------------------------------------------------------
3. a lean premix gas-fired    report (1) the        annually, according
 stationary combustion         number of hours       to the requirements
 turbine or a diffusion        distillate oil was    in Sec. 63.6150.
 flame gas-fired stationary    fired by each new
 combustion turbine as         or existing
 defined by this subpart,      stationary
 and you use any quantity of   combustion turbine
 distillate oil to fire any    during the
 new or existing stationary    reporting period,
 combustion turbine which is   (2) the operating
 located at the same major     limits provided in
 source.                       your federally
                               enforceable permit,
                               and any deviations
                               from these limits,
                               and (3) any
                               problems or errors
                               suspected with the
                               meters.
------------------------------------------------------------------------



   Sec. Table 7 to Subpart YYYY of Part 63--Applicability of General 
                       Provisions to Subpart YYYY

    You must comply with the applicable General Provisions requirements:

----------------------------------------------------------------------------------------------------------------
              Citation                       Subject           Applies to subpart YYYY          Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1........................  General applicability   Yes........................  Additional terms
                                      of the General                                       defined in Sec.
                                      Provisions.                                          63.6175.
Sec. 63.2........................  Definitions...........  Yes........................  Additional terms
                                                                                           defined in Sec.
                                                                                           63.6175.
Sec. 63.3........................  Units and               Yes........................
                                      abbreviations.
Sec. 63.4........................  Prohibited activities.  Yes........................
Sec. 63.5........................  Construction and        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 September 8,
                                      minimize emissions.     2020.
                                                             No after September 8, 2020.
                                                              See Sec. 63.6105 for
                                                              general duty requirement..

[[Page 1334]]

 
Sec. 63.6(e)(1)(ii)..............  Requirement to correct  Yes before September 8,
                                      malfunctions ASAP.      2020.
                                                             No after September 8, 2020.
Sec. 63.6(e)(1)(iii).............  Operation and           Yes........................
                                      Maintenance
                                      Requirements.
Sec. 63.6(e)(2)..................  [Reserved]............
Sec. 63.6(e)(3)..................  SSMP..................  Yes before September 8,
                                                              2020.
                                                             No after September 8, 2020.
Sec. 63.6(f)(1)..................  Applicability of        Yes before September 8,
                                      standards except        2020.
                                      during startup,        No after September 8, 2020.
                                      shutdown, or
                                      malfunction (SSM).
Sec. 63.6(f)(2)..................  Methods for             Yes........................
                                      determining
                                      compliance.
Sec. 63.6(f)(3)..................  Finding of compliance.  Yes........................
Sec. 63.6(g)(1)-(3)..............  Use of alternative      Yes........................
                                      standard.
Sec. 63.6(h).....................  Opacity and visible     No.........................  Subpart YYYY 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            Yes........................
                                      compliance exemption.
Sec. 63.7(a)(1)-(2)..............  Performance test dates  Yes........................  Subpart YYYY contains
                                                                                           performance test
                                                                                           dates at Sec.
                                                                                           63.6110.
Sec. 63.7(a)(3)..................  Section 114 authority.  Yes........................
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/test  Yes........................
                                      plan.
Sec. 63.7(d).....................  Testing facilities....  Yes........................
Sec. 63.7(e)(1)..................  Conditions for          Yes before September 8,
                                      conducting              2020.
                                      performance tests.     No after September 8, 2020.
Sec. 63.7(e)(2)..................  Conduct of performance  Yes........................  Subpart YYYY specifies
                                      tests and reduction                                  test methods at Sec.
                                      of data.                                              63.6120.
Sec. 63.7(e)(3)..................  Test run duration.....  Yes........................
Sec. 63.7(e)(4)..................  Administrator may       Yes........................
                                      require other testing
                                      under section 114 of
                                      the CAA.
Sec. 63.7(f).....................  Alternative test        Yes........................
                                      method 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 YYYY contains
                                      monitoring                                           specific requirements
                                      requirements.                                        for monitoring at
                                                                                           Sec. 63.6125.
Sec. 63.8(a)(2)..................  Performance             Yes........................
                                      specifications.
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)...............  General duty to         Yes before September 8,
                                      minimize emissions      2020.
                                      and CMS operation.     No after September 8, 2020.
Sec. 63.8(c)(1)(ii)..............  Parts for repair of     Yes........................
                                      CMS readily available.
Sec. 63.8(c)(1)(iii).............  Requirement to develop  Yes before September 8,
                                      SSM Plan for CMS.       2020.
                                                             No after September 8, 2020.
Sec. 63.8(c)(2)-(3)..............  Monitoring system       Yes........................
                                      installation.
Sec. 63.8(c)(4)..................  Continuous monitoring   Yes........................  Except that subpart
                                      system (CMS)                                         YYYY does not require
                                      requirements.                                        continuous opacity
                                                                                           monitoring systems
                                                                                           (COMS).

[[Page 1335]]

 
Sec. 63.8(c)(5)..................  COMS minimum            No.........................
                                      procedures.
Sec. 63.8(c)(6)-(8)..............  CMS requirements......  Yes........................  Except that subpart
                                                                                           YYYY does not require
                                                                                           COMS.
Sec. 63.8(d)(1)-(2)..............  CMS quality control...  Yes........................
Sec. 63.8(d)(3)..................  Written procedures for  Yes before September 8,
                                      CMS.                    2020.
                                                             No after September 8, 2020.
Sec. 63.8(e).....................  CMS performance         Yes........................  Except for Sec.
                                      evaluation.                                          63.8(e)(5)(ii), which
                                                                                           applies to COMS.
Sec. 63.8(f)(1)-(5)..............  Alternative monitoring  Yes........................
                                      method.
Sec. 63.8(f)(6)..................  Alternative to          Yes........................
                                      relative accuracy
                                      test.
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. 63.6135 and
                                                                                           63.6140.
Sec. 63.9(a).....................  Applicability and       Yes........................
                                      State delegation of
                                      notification
                                      requirements.
Sec. 63.9(b)(1)-(5)..............  Initial notifications.  Yes........................  Except that Sec.
                                                                                           63.9(b)(3) is
                                                                                           reserved.
Sec. 63.9(c).....................  Request for compliance  Yes........................
                                      extension.
Sec. 63.9(d).....................  Notification of         Yes........................
                                      special compliance
                                      requirements for new
                                      sources.
Sec. 63.9(e).....................  Notification of         Yes........................
                                      performance test.
Sec. 63.9(f).....................  Notification of         No.........................  Subpart YYYY does not
                                      visible emissions/                                   contain opacity or VE
                                      opacity test.                                        standards.
Sec. 63.9(g)(1)..................  Notification of         Yes........................
                                      performance
                                      evaluation.
Sec. 63.9(g)(2)..................  Notification of use of  No.........................  Subpart YYYY does not
                                      COMS data.                                           contain opacity or VE
                                                                                           standards.
Sec. 63.9(g)(3)..................  Notification that       Yes........................
                                      criterion for
                                      alternative to
                                      relative accuracy
                                      test audit (RATA) is
                                      exceeded.
Sec. 63.9(h).....................  Notification of         Yes........................  Except that
                                      compliance status.                                   notifications for
                                                                                           sources not
                                                                                           conducting
                                                                                           performance tests are
                                                                                           due 30 days after
                                                                                           completion of
                                                                                           performance
                                                                                           evaluations. Sec.
                                                                                           63.9(h)(4) is
                                                                                           reserved.
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)....................  Administrative          Yes........................
                                      provisions for
                                      recordkeeping and
                                      reporting.
Sec. 63.10(b)(1).................  Record retention......  Yes........................
Sec. 63.10(b)(2)(i)..............  Recordkeeping of        Yes before September 8,
                                      occurrence and          2020.
                                      duration of startups   No after September 8, 2020.
                                      and shutdowns.
Sec. 63.10(b)(2)(ii).............  Recordkeeping of        Yes before September 8,
                                      failures to meet a      2020.
                                      standard.              No after September 8, 2020.
                                                              See Sec. 63.6155 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..

[[Page 1336]]

 
Sec. 63.10(b)(2)(iii)............  Maintenance records...  Yes........................
Sec. 63.10(b)(2)(iv)-(v).........  Records related to      Yes before September 8,
                                      actions during SSM.     2020.
                                                             No after September 8, 2020.
Sec. 63.10(b)(2)(vi)-(xi)........  CMS records...........  Yes........................
Sec. 63.10(b)(2)(xii)............  Record when under       Yes........................
                                      waiver.
Sec. 63.10(b)(2)(xiii)...........  Records when using      Yes........................
                                      alternative to RATA.
Sec. 63.10(b)(2)(xiv)............  Records of supporting   Yes........................
                                      documentation.
Sec. 63.10(b)(3).................  Records of              Yes........................
                                      applicability
                                      determination.
Sec. 63.10(c)(1)-(14)............  Additional records for  Yes........................  Except that Sec.
                                      sources using CMS.                                   63.10(c)(2)-(4) and
                                                                                           (9) are reserved.
Sec. 63.10(c)(15)................  Use of SSM Plan.......  Yes before September 8,
                                                              2020.
                                                             No after September 8, 2020.
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.........................  Subpart YYYY does not
                                      VE observations.                                     contain opacity or VE
                                                                                           standards.
Sec. 63.10(d)(4).................  Progress reports......  Yes........................
Sec. 63.10(d)(5).................  Startup, shutdown, and  No. After September 8,
                                      malfunction reports.    2020, see 63.6150(a) for
                                                              malfunction reporting
                                                              requirements.
Sec. 63.10(e)(1) and (2)(i)......  Additional CMS reports  Yes........................
Sec. 63.10(e)(2)(ii).............  COMS-related report...  No.........................  Subpart YYYY does not
                                                                                           require COMS.
Sec. 63.10(e)(3).................  Excess emissions and    Yes........................  After September 8,
                                      parameter exceedances                                2020 submitted with
                                      reports.                                             the compliance report
                                                                                           through CEDRI
                                                                                           according to Sec.
                                                                                           63.6150(a).
Sec. 63.10(e)(4).................  Reporting COMS data...  No.........................  Subpart YYYY does not
                                                                                           require COMS.
Sec. 63.10(f)....................  Waiver for              Yes........................
                                      recordkeeping and
                                      reporting.
Sec. 63.11.......................  Flares................  No.........................
Sec. 63.12.......................  State authority and     Yes........................
                                      delegations.
Sec. 63.13.......................  Addresses.............  Yes........................  After September 8,
                                                                                           2020 not applicable
                                                                                           to reports required
                                                                                           to be submitted
                                                                                           through CEDRI by
                                                                                           63.6150(c), (e), (f),
                                                                                           or (g).
Sec. 63.14.......................  Incorporation by        Yes........................
                                      reference.
Sec. 63.15.......................  Availability of         Yes........................
                                      information.
----------------------------------------------------------------------------------------------------------------


[85 FR 13543, Mar. 9, 2020, as amended at 85 FR 73911, Nov. 19, 2020]

[[Page 1337]]



                              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 1339]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2023)

                      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 1340]]

     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)
        LX  Federal Communications Commission (Parts 6000--6099)

                        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)

[[Page 1341]]

      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    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)

[[Page 1342]]

    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    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)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      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)

[[Page 1343]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [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]

[[Page 1344]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         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]

[[Page 1345]]

         X  Consumer Financial Protection Bureau (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, 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 1346]]

      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 1347]]

                     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 1348]]

                          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 1349]]

        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 1350]]

        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 1351]]

         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 1352]]

                          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 1353]]

       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  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 1354]]

       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 1355]]

                       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 1356]]

                      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 1357]]

        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 1358]]

        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 1359]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2023)

                                                  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 1360]]

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 1361]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 1362]]

Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 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

[[Page 1363]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
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 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
Indian Arts and Crafts Board                      25, II

[[Page 1364]]

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
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
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 1365]]

  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 1366]]

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 1367]]

  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 1369]]



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, 2018 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.

                                  2018

40 CFR
                                                                   83 FR
                                                                    Page
Chapter I
63.1560--63.1579 (Subpart UUU) Table 3 and Table 4 amended.........60725
63.1560--63.1579 (Subpart UUU) Table 5 and Table 6 amended.........60726
63.1560--63.1579 (Subpart UUU) Table 10, Table 43, and Table 44 
        amended....................................................60727
63.1564 (b)(4)(iii) introductory text, (c)(3), (4), and (5)(iii) 
        revised....................................................60722
63.1565 (a)(5)(ii) revised.........................................60723
63.1569 (c)(2) revised.............................................60723
63.1571 (a) introductory text, (5), (6), (d)(1) introductory text, 
        and (2) introductory text revised..........................60723
63.1572 (c)(1) and (d)(1) revised..................................60723
63.1573 (a)(1) introductory text revised...........................60723
63.1574 (a)(3)(ii) revised.........................................60724
63.1575 (f)(1), (k)(1) introductory text, and (2) introductory 
        text revised; (l) added....................................60724
63.1576 (a)(2)(i) revised..........................................60725

                                  2019

40 CFR
                                                                   84 FR
                                                                    Page
Chapter I
63.2980--63.3004 (Subpart HHHH) Table 1 and Table 2 revised.........6697
63.2984 (a)(1), (4), (b), and (e) revised...........................6692
63.2985 (a), (b), and (c) introductory text revised; (d) added......6692
63.2986 (g) revised.................................................6693
63.2987 (a) introductory text and (d) revised.......................6693
63.2989 (a) introductory text revised...............................6693
63.2991 (a) introductory text revised...............................6693
63.2992 (b), (d), and (e) revised...................................6693
63.2993 Revised.....................................................6694
63.2994 (a) revised.................................................6694
63.2996 Revised.....................................................6694
63.2997 (a) introductory text and (b) revised.......................6694
63.2998 Introductory text, (a), (c), (e) introductory text, and 
        (f) revised; (g) redesignated as (h); new (g) and (i) 
        added.......................................................6694
63.2999 (b) revised; (c) added......................................6695
63.3000 (d) and (e) redesignated as (e) and (d); (c) introductory 
        text, (1), (4), (5) introductory text, (viii), (ix), (d), 
        and (e) revised; (c)(6), (f), and (g) added.................6695

[[Page 1370]]

63.3001 Revised.....................................................6696
63.3003 Removed.....................................................6696
63.3004 Amended.....................................................6696
63.4080--63.4181 (Subpart NNNN) Table 2 revised.....................9618
63.4080--63.4181 (Subpart NNNN) Table 5 added.......................9621
63.4100 (b) and (d) revised.........................................9611
63.4110 (b)(9)(v) revised...........................................9611
63.4120 (d), (e), (g), and (j) introductory text revised............9611
63.4121 Added.......................................................9613
63.4130 (f), (g), (j), (k) introductory text, (1), and (2) 
        revised; (k)(8) and (9) redesignated as (k)(7) and (8)......9614
63.4131 (a) revised.................................................9615
63.4141 (a)(1)(i), (ii), (2), (4), (b)(1), and (c) revised; (b)(3) 
        amended.....................................................9615
63.4142 (c) revised.................................................9616
63.4151 (h) revised.................................................9616
63.4152 (a) and (c) revised.........................................9616
63.4160 Heading, (a)(1), and (b)(1) revised.........................9616
63.4161 (g) introductory text and (h)(3) revised....................9616
63.4163 Heading, (c) introductory text, (e), and (h) revised; 
        (c)(3) added................................................9617
63.4164 (a) introductory text and (1) revised.......................9617
63.4166 (a)(1) through (4) and (b) introductory text revised........9617
63.4167 Heading, introductory text, and (f)(1) revised..............9618
63.4168 (a)(4), (5), (c)(2), and (3) revised........................9618
63.4181 Amended.....................................................9618
63.4280--63.4371 (Subpart OOOO) Table 3 revised.....................9631
63.4280--63.4371 (Subpart OOOO) Table 6 added.......................9634
63.4300 (a)(3)(i), (b), and (c) revised.............................9623
63.4310 (c)(9) introductory text and (iv) revised; (c)(9)(v) added
                                                                    9623
63.4311 (a)(7)(i), (ii), and (iii) through (xv) redesignated as 
        (a)(7)(i)(A), (B), and (C) through (O); new (a)(7)(i) 
        introductory text, new (ii), and (d) through (h) added; 
        (a)(5), (6), and (7) introductory text, new (7)(i)(B), (8) 
        introductory text, (i), and (c) introductory text revised 
                                                                    9623
63.4312 (i), (j) introductory text, (1), and (2) revised............9626
63.4313 (a) revised.................................................9627
63.4321 (e)(1)(i)(A), (ii), (iv), and (2)(i) revised................9627
63.4340 Heading and (b)(3) revised..................................9627
63.4341 (e)(4) introductory text and (f)(4) introductory text 
        amended; (e)(5)(iii) revised................................9627
63.4342 Heading, (c) introductory text, (f), and (h) revised; 
        (c)(3) added................................................9628
63.4350 (a)(3) and (b)(3) revised...................................9628
63.4351 (a), (d)(4) introductory text, (5)(iii), and (e) 
        introductory text revised...................................9629
63.4352 (h) revised.................................................9629
63.4360 (a) introductory text and (1) revised.......................9630
63.4362 (a)(1) through (4) and (b) introductory text revised........9630
63.4364 (c)(i), (ii), and (iii) redesignated as (c)(1), (2), and 
        (3); (a)(6), (7), (8), (c) introductory text, and new (1) 
        revised.....................................................9630
63.4371 Amended.....................................................9630
63.4680--63.4781 (Subpart QQQQ) Table 4 revised.....................7705
63.4681 (c)(1) introductory text revised............................7698
63.4683 (a) and (b) revised.........................................7698
63.4700 (a)(2) introductory text, (i), (ii), (b), and (d) revised; 
        (a)(3) added................................................7699
63.4710 (c)(8)(ii) revised..........................................7699
63.4720 (a)(6)(ii), (7) introductory text, and (c) introductory 
        text revised; (a)(7)(i) through (xiv) redesignated as 
        (a)(7)(i)(A) through (N); new (a)(7)(i) introductory text, 
        new (7)(ii), and (d) added..................................7699

[[Page 1371]]

63.4730 (k)(1) through (4), (5)(i), (ii), (iii), introductory 
        text, (6)(i), (ii), introductory text, (7), and (8) 
        redesignated as (k)(1)(i) through (iv), (1)(v)(A), (B), 
        (C), introductory text, (vi)(A), (B), (vii) introductory 
        text, and (viii); new (k)(1) introductory text and (2) 
        added; (c)(3), (k) introductory text, (1)(v) introductory 
        text, and (vi) introductory text revised....................7701
63.4741 (a)(2) and (c) revised; (b)(1), heading, and (3) 
        introductory text amended...................................7702
63.4751 (c) revised; (e) introductory text amended; (i) added.......7702
63.4752 (e) added...................................................7703
63.4761 (j)(3) revised..............................................7703
63.4763 (h) revised.................................................7703
63.4764 (a)(1) and (2) revised......................................7704
63.4766 (a)(1) through (4), (b), (d), and (f) revised...............7704
63.4781 (3) amended.................................................7704
63.4880--63.4981 (Subpart RRRR) Table 2 revised.....................9642
63.4880--63.4981 (Subpart RRRR) Table 5 added.......................9645
63.4900 Revised.....................................................9635
63.4910 (c)(9)(v) revised...........................................9635
63.4920 (a)(3) introductory text, (ii), (4), (5) introductory 
        text, (5), (6), (7), and (c) introductory text revised......9636
63.4921 Added.......................................................9638
63.4930 (j), (k) introductory text, (1), and (2) revised............9639
63.4931 (a) amended.................................................9639
63.4941 (a)(1)(i), (2), (4), (b)(1), (c), and (e) revised; (b)(3) 
        amended.....................................................9639
63.4951 (c) revised.................................................9640
63.4960 Heading revised.............................................9640
63.4961 (h) introductory text and (j)(3) revised....................9640
63.4962 Heading and (c) introductory text revised; (c)(3) added.....9641
63.4963 (a) introductory text and (1) revised.......................9641
63.4965 (a)(1) through (4) and (b) revised..........................9641
63.4966 Heading, introductory text, and (e)(1) revised..............9641
63.4967 (a)(4), (5), and (c)(3) introductory text revised...........9642
63.4981 Amended.....................................................9642
63.5280--63.5460 (Subpart TTTT) Table 2 revised.....................3322
63.5320 (a) and (b) revised.........................................3320
63.5360 (a)(2) and (b) revised......................................3321
63.5375 Revised.....................................................3321
63.5380 (a) and (b) revised.........................................3321
63.5420 (b) introductory text, (3), and (4) revised; (b)(5), (6), 
        and (c) added...............................................3321
63.5430 Introductory text and (g) revised; (h) and (i) added........3322
63.5460 Amended.....................................................3322
........................................................................
........................................................................

                                  2020

40 CFR
                                                                   85 FR
                                                                    Page
Chapter I
63.1441 Revised....................................................73900
63.1454 (b) revised................................................73900
63.1500--63.1520 (Subpart RRR) Appendix A amended..................73901
63.1541--63.1551 (Subpart TTT) Table 1 amended.....................73901
63.1574 (b) revised................................................73901
63.1560--63.1579 (Subpart UUU) Table 4 revised......................6083
63.1560--63.1579 (Subpart UUU) Table 44 amended....................73901
63.1591 (a)(1) and (2) revised.....................................73902
63.1580--63.1595 (Subpart VVV) Table 1 amended.....................73902
63.1620--63.1679 (Subpart XXX) Table 1 amended.....................73902
63.1947 Correction: (c)(2) revised.................................64400
63.1958 Correction: (c) introductory text revised..................64400
63.1959 Correction: (a)(3)(i), (4)(i)(A), (b)(2)(iii)(A), 
        (c)(3)(i), and (e)(1) revised..............................64400
63.1960 Correction: (a) introductory text, (3)(i)(B), (5), (b) 
        introductory text, and (e)(2) revised......................64400
63.1961 Correction: (f) revised....................................64401
63.1983 Correction: (g) revised....................................64401
63.1930--63.1990 (Subpart AAAA) Revised............................17261
63.1930--63.1990 (Subpart AAAA) Correction: Table 1 amended........64401

[[Page 1372]]

63.2233 (a)(1), (2), and (b) revised...............................49455
63.2240 (c)(2)(vi)(A) revised......................................49455
63.2250 (a) amended; (b) and (c) revised; (e) through (g) added....49455
63.2252 Revised....................................................49455
63.2262 (a), (b), (m)(1), and (n)(1) revised.......................49456
63.2269 (b)(4) and (5) revised.....................................49456
63.2270 (c) revised................................................49456
63.2271 (b) introductory text revised; (b)(2) removed; (b)(4) 
        added......................................................49456
63.2280 (b), (d) introductory text, and (2) revised................49457
63.2280 (b) revised................................................73902
63.2281 (b) introductory text, (c)(4), (d)(2), and (e)(2) revised; 
        (b)(6), (e)(12), (13), and (h) through (l) added; (c)(6) 
        and (e)(1) removed; (e) introductory text amended..........49457
63.2282 (a)(2) and (c)(2) revised; (f) added.......................49459
63.2282 Correction: amended........................................51668
63.2283 (d) added..................................................49460
63.2290 Revised....................................................49460
63.2291 (c) introductory text revised; (c)(5) added................49460
63.2292 Amended....................................................49460
63.2230--63.2292 (Subpart DDDD) Table 2 revised....................49460
63.2230--63.2292 (Subpart DDDD) Table 3 revised....................49461
63.2230--63.2292 (Subpart DDDD) Table 4 revised....................49461
63.2230--63.2292 (Subpart DDDD) Table 6 revised....................49462
63.2230--63.2292 (Subpart DDDD) Table 7 revised....................49463
63.2230--63.2292 (Subpart DDDD) Table 8 revised....................49464
63.2230--63.2292 (Subpart DDDD) Table 9 revised....................49465
63.2230--63.2292 (Subpart DDDD) Table 10 revised...................49465
63.2230--63.2292 (Subpart DDDD) Table 10 amended...................73902
63.2338 (c) introductory text revised..............................40761
63.2342 (a) introductory text and (d) revised; (b) introductory 
        text and (e) added.........................................40761
63.2343 (a) introductory text, (b) introductory text, and 
        (c)(1)(iii) revised; (b)(4) added..........................40761
63.2346 (a) introductory text, (1), (2), (4)(ii), (iv), (v) 
        introductory text, (A), (b)(1), (2), (c), (d)(2), (e), 
        (f), and (i) revised; (a)(5), (6), (k), and (l) added......40761
63.2350 Revised....................................................40763
63.2354 (a)(2), (3), (b)(1), (3), (4), (5), and (c) revised; 
        (b)(6) and (d) added.......................................40763
63.2358 (b)(3) added...............................................40765
63.2362 (b)(2) revised.............................................40765
63.2366 Revised....................................................40765
63.2370 (a) and (c) revised........................................40765
63.2374 (a) revised................................................40765
63.2378 (a), (b) introductory text, (2), (c), and (d) revised; (e) 
        and (f) added..............................................40766
63.2380 Added......................................................40766
63.2382 (a), (d)(1), (2) introductory text, (ii), (vi), and (vii) 
        revised; (d)(2)(ix) and (3) added..........................40767
63.2382 (b)(1) and (2) revised.....................................73903
63.2386 (a), (b) introductory text, (c) introductory text, (2), 
        (3), (5), (9), (d) introductory text, (1) introductory 
        text, (i) through (vii), (ix), (x), (2)(i), (3), and (e) 
        revised; (c)(11), (12), (d)(1)(xiii) through (xv), 
        (2)(iv), (5), and (f) through (j) added....................40768
63.2390 (b)(1), (2), (c) introductory text, (2), (3), and (d) 
        revised; (b)(3), (f) through (h) added.....................40771
63.2396 (a)(3), (c)(1), (2), and (e)(2) revised; (a)(4) and (d) 
        added......................................................40772
63.2402 (b) introductory text revised; (b)(5) added................40773
63.2406 Amended....................................................40773
63.2406 Correction: amended........................................44217
63.2330--63.2406 (Subpart EEEE) Table 2 revised....................40774
63.2330--63.2406 (Subpart EEEE) Table 2b revised...................40775
63.2330--63.2406 (Subpart EEEE) Table 3 revised....................40776
63.2330--63.2406 (Subpart EEEE) Table 4 revised....................40777
63.2330--63.2406 (Subpart EEEE) Table 5 revised....................40778
63.2330--63.2406 (Subpart EEEE) Table 6 and Table 7 revised........40780

[[Page 1373]]

63.2330--63.2406 (Subpart EEEE) Table 8 revised....................40781
63.2330--63.2406 (Subpart EEEE) Table 9 revised....................40782
63.2330--63.2406 (Subpart EEEE) Table 10 revised...................40784
63.2330--63.2406 (Subpart EEEE) Table 11 and Table 12 revised......40786
63.2330--63.2406 (Subpart EEEE) Table 12 amended...................73903
63.2435 (c)(3) revised.............................................49132
63.2445 (a) introductory text and (b) revised; (g), (h), and (i) 
        added......................................................49132
63.2450 (a), (c)(2) introductory text, (e)(1), (2), (3), (f) 
        introductory text, (g) introductory text, (3)(ii), (5), 
        (h), (i) introductory text, (2), (j) introductory text, 
        (1) introductory text, (i), (2), (j) introductory text, 
        (1) introductory text, (i), (2)(iii), (3), (4), (5), (k) 
        introductory text, (1), (4)(iv), (p), and (r) revised; 
        (e)(4) through (7), (g)(6), (7), (i)(3), (j)(6), (k)(7), 
        (8), (t), (u), and (v) added...............................49133
63.2455 (a) revised................................................49139
63.2460 (a), (b)(5) introductory text, (iii), (6) introductory 
        text, (c)(2)(i), (ii), and (v), (9) introductory text, 
        (ii) introductory text, (D), (iii), and (iv) revised; 
        (c)(6) introductory text amended...........................49139
63.2465 (c) introductory text and (d)(2) revised...................49140
63.2470 (a), (c), and (e)(3) revised; (b) and (f) added............49140
63.2475 (a) revised................................................49141
63.2480 (a), (b) introductory text, (1), (2), (5), (c) 
        introductory text, and (5) revised; (b)(6), (7), (c)(10), 
        (11), (e), and (f) added...................................49141
63.2485 (n)(2) introductory text amended; (a), (f), (i)(2)(ii), 
        (k), (n)(2)(ii), (iv)(A), (4), and (o) revised; (h)(4), 
        (i)(2)(iii), (n)(2)(vii), (p), and (q) added...............49144
63.2490 Revised....................................................49145
63.2492 Added......................................................49146
63.2493 Added......................................................49147
63.2495 (b)(1) revised.............................................49150
63.2500 (a) revised; (g) added.....................................49150
63.2505 (b)(1), (6)(i), and (ii) revised...........................49150
63.2515 (a) revised; (d) added.....................................49150
63.2515 (b) introductory text redesignated as (b)(1) and revised 
                                                                   73903
63.2520 (c) introductory text, (2), (d) introductory text, 
        (2)(ii), (e) introductory text, (2), (3), (4), (5)(ii) 
        introductory text, (A), (B), (iii) introductory text, (A) 
        through (F), (I), (7), (8), (9), (10) introductory text, 
        and (i) revised; (c)(8), (d)(3), (4), (5), (e)(5)(ii)(D), 
        (iii)(M), (N), (11) through (17), and (f) through (i) 
        added......................................................49150
63.2525 Introductory text, (a), (e)(1)(ii), (f), (h), and (j) 
        revised; (l) through (u) added.............................49155
63.2535 Introductory text, (d), and (k) revised; (m) added.........49158
63.2545 (b) introductory text revised; (b)(5) added................49159
63.2550 (i) amended................................................49159
63.2430--63.2550 (Subpart FFFF) Table 1 and Table 2 revised........49161
63.2430--63.2550 (Subpart FFFF) Table 4 revised....................49162
63.2430--63.2550 (Subpart FFFF) Table 5 and Table 6 revised........49163
63.2430--63.2550 (Subpart FFFF) Table 10 and Table 12 revised......49164
63.2430--63.2550 (Subpart FFFF) Table 12 amended...................73903
63.2834 Table 1 amended............................................15626
63.2840 Introductory text, (a)(1) introductory text, (3), (4), and 
        (5) revised; (b)(1) removed; (g) and (h) added.............15626
63.2850 (a)(3), (5) introductory text, (b), (c)(1), (2), (d)(1), 
        (2), (e) introductory text, (2), and Table 1 revised; 
        (a)(5)(iv) added...........................................15627
63.2851 (a) introductory text revised; (a)(8) added................15629
63.2852 Revised....................................................15629
63.2853 (a)(2) introductory text, (3), (5)(i), (c)(1), (3), and 
        (4) revised; (a)(2) table 1 amended; (a)(2) table 2 added 
                                                                   15629
63.2855 (a)(3), (5)(i), and (c)(3) revised.........................15630

[[Page 1374]]

63.2860 (a) introductory text revised..............................73904
63.2861 (b) introductory text, (c) introductory text, and (d) 
        introductory text revised; (b)(5) through (8) and (e) 
        through (i) added..........................................15630
63.2862 (b), (c) introductory text, (3)(ii), (d) introductory 
        text, and (e) introductory text revised; (f), (g), and (h) 
        added......................................................15632
63.2870 Table 1 revised............................................15632
63.2870 Table 1 amended............................................73904
63.2872 (c) amended................................................15635
63.2980--63.3079 (Subpart HHHH) Table 2 amended....................73904
63.3092 (a)(2) revised.............................................41124
63.3093 (a) and (b) revised........................................41125
63.3100 (b), (d), and (f) revised..................................41125
63.3110 (b) revised................................................73904
63.3120 (a)(4), (5) introductory text, (iv), (6) introductory 
        text, (iii), (vi), (vii), (viii), (x), (xiii), (xiv), (7) 
        introductory text, (i), (iii), (8) introductory text, 
        (ii), (v), (vi), (vii), (ix), (xii), (9) introductory 
        text, (i), (ii), and (c) introductory text revised; 
        (a)(5)(v), (6)(xv), (7)(iv), (d), and (h) added............41125
63.3130 (c)(4) and (5), (g), and (h) revised; (p) added............41128
63.3131 (a) revised................................................41129
63.3151 (a)(1)(i), (2), (4), and (b) revised.......................41129
63.3160 Heading and (b)(1) revised.................................41129
63.3161 (a), (d), (f)(1), (g), and (k)(3) revised..................41129
63.3163 Heading, (c) introductory text, (f), and (h) revised; 
        (c)(3) added...............................................41130
63.3164 (a) introductory text and (1) revised......................41130
63.3165 Introductory text, (e) introductory text revised; (e)(2) 
        Equation 6, (3) Equation 7, and (4) Equation 8 amended.....41131
63.3166 Introductory text, (a)(1) through (4), and (b) 
        introductory text revised; (b)(4) added....................41131
63.3167 Heading, introductory text, and (f)(1) revised.............41132
63.3168 (a)(4) through (7) and (c)(3) introductory text revised....41132
63.3171 (a) and (e)(3) revised.....................................41132
63.3176 Amended....................................................41132
63.3080--63.3176 (Subpart IIII) Appendix A amended.................41137
63.3080--63.3176 (Subpart IIII) Table 2 revised....................41133
63.3080--63.3176 (Subpart IIII) Table 5 added......................41136
63.3080--63.3176 (Subpart IIII) Table 2 amended....................73904
63.3300 Introductory text, (a), (b), (d), (e), and (f) revised; 
        (h), (i), and (j) added....................................41295
63.3310 Amended....................................................41296
63.3320 (b) introductory text and (4) revised......................41296
63.3321 (a) revised................................................41296
63.3330 Revised....................................................41296
63.3340 Revised....................................................41296
63.3350 (e)(5) through (10) redesignated as (e)(6) through (11); 
        (b), (c) introductory text, (d)(1)(iii), (e) introductory 
        text, (2), (4), and new (10) revised; new (e)(5) added.....41297
63.3360 (a), (b), (c)(1)(i), (2), (3), (4), (d)(1), (2), (3), 
        (e)(1), (2), (3), (f) introductory text, and (g) revised; 
        (e)(4) added...............................................41298
63.3370 Introductory text added; (e) through (p) redesignated as 
        (f) through (q); (a), (c)(1)(ii), (2)(i), (ii), (3), (4), 
        (d), new (f) through (m), new (o), new (p), and new (q) 
        revised; new (e), (r), and (s) added.......................41301
63.3400 (g) redesignated as (k); (a), (b) introductory text, 
        (c)(1)(ii), (iv), (2) introductory text, (v), (vi), (e), 
        (f), and new (k) revised; new (g), (h), (i), and (j) added
                                                                   41313
63.3400 (b)(1) revised.............................................73905
63.3410 Revised....................................................41316
63.3420 Revised....................................................41316
63.3280--63.3420 (Subpart JJJJ) Table 1 revised....................41316
63.3280--63.3420 (Subpart JJJJ) Table 2 revised....................41317
63.3280--63.3420 (Subpart JJJJ) Table 2 amended....................73905
63.3481 (c)(5) revised.............................................10847
63.3492 (b) revised................................................10847
63.3500 (a)(1), (b), and (c) revised...............................10847
63.3510 (b) revised................................................73905

[[Page 1375]]

63.3511 (a)(4), (5) introductory text, (i), (iv), (6) introductory 
        text, (iii), (7) introductory text, (iii), (vi), (vii), 
        (viii), (x), (xiii), (xiv), (8) introductory text, (i), 
        (iv), (v), (vi), (viii), (xi), (xii), and (c) introductory 
        text revised; (a)(5)(v), (6)(iv), (7)(xv), (8)(xiii), and 
        (d) through (h) added......................................10847
63.3512 (i), (j) introductory text, (1), and (2) revised...........10850
63.3513 (a) revised................................................10851
63.3521 (a)(1)(i), (2), (4), (b)(1), and (c) revised...............10851
63.3531 (c) revised................................................10851
63.3540 Heading, (a)(1), (4), and (b)(1) revised...................10851
63.3541 (h) introductory text and (i)(3) revised...................10852
63.3542 (f) and (h) revised........................................10852
63.3543 (a) introductory text and (1) revised......................10853
63.3544 Introductory text revised..................................10853
63.3545 Introductory text, (b) introductory text, and (1) through 
        (4) revised................................................10853
63.3546 Introductory text, (a)(1), (2), (b)(1), (2), (3), (d)(1), 
        (e)(1), (2), (f)(1), (2), (3), (5), and (6) revised........10853
63.3547 (a)(4), (5), (7), and (c)(3) introductory text revised.....10854
63.3550 Heading, (a)(1), (4), and (b)(1) revised...................10854
63.3552 (g) revised................................................10855
63.3553 (a) introductory text and (1) revised......................10855
63.3555 Introductory text, (b) introductory text, (1) through (4) 
        revised....................................................10855
63.3556 Introductory text, (a)(1), (2), (b)(1), (2), (3), (d)(1), 
        (e)(1), (2), (f)(1), (2), (3), (5), and (6) revised........10855
63.3557 (a)(4), (5), (7), and (c)(3) introductory text revised.....10856
63.3561 Amended....................................................10856
63.3480--63.3561 (Subpart KKKK) Table 5 revised....................10856
63.3480--63.3561 (Subpart KKKK) Table 8 added......................10860
63.3480--63.3561 (Subpart KKKK) Table 5 amended....................73905
63.3900 (a)(2)(i), (ii), (b), and (c) revised......................41138
63.3910 (b) revised................................................73906
63.3920 (a)(5) introductory text, (i), (v), (6) introductory text, 
        (iii), (7) introductory text, (iii), (vi) through (viii), 
        (x), (xiii), and (xiv), and (c) introductory text revised; 
        (a)(5)(v), (6)(iv), (7)(xv) and (d) through (h) added......41138
63.3930 (j), (k) introductory text, (1) and (2) revised............41141
63.3931 (a) revised................................................41141
63.3941 (a)(1)(i), (4), (b)(1), and (c) revised; (e)(4) Equation 1 
        amended....................................................41141
63.3951 (c) revised................................................41141
63.3960 (a)(1),(4), (b)(1), and (c) introductory text revised......41142
63.3961 (j)(3) revised.............................................41143
63.3963 (f) revised................................................41143
63.3964 (a) introductory text and (1) revised......................41143
63.3965 Introductory text revised..................................41143
63.3966 Introductory text and (b) revised..........................41143
63.3967 (a)(1), (2), (b)(1), (2), (3), (d)(1), (2), and (e)(1) 
        through (4) revised........................................41144
63.3968 (a)(4), (5), (7), and (c)(3) introductory text revised.....41144
63.3981 Amended....................................................41144
63.3880--63.3981 (Subpart MMMM) Table 2 revised....................41145
63.3880--63.3981 (Subpart MMMM) Table 5 added......................41148
63.3880--63.3981 (Subpart MMMM) Table 2 amended....................73906
63.4110 (a)(1) revised.............................................73906
63.4168 (c)(3)(i) through (vii) added..............................41149
63.4080--63.4181 (Subpart NNNN) Table 2 amended....................73906
63.4310 (b) revised................................................73907
63.4371 Amended....................................................41150
63.4280--63.4371 (Subpart OOOO) Table 3 amended....................73907
63.4492 (b) revised................................................41150
63.4500 (a)(2)(i), (ii), (b), and (c) revised......................41150
63.4510 (b) revised................................................73907

[[Page 1376]]

63.4520 (a)(5) introductory text, (i), (iv), (6) introductory 
        text, (iii), (7) introductory text, (iii), (vi), (vii), 
        (viii), (x), (xiii), (xiv), and (c) introductory text 
        revised; (a)(5)(v), (6)(iv), (7)(xv), (d), and (h) added 
                                                                   41150
63.4530 (h), (i) introductory text, (1), and (2) revised...........41152
63.4531 (a) revised................................................41153
63.4541 (a)(1)(i),(2), and (4) revised.............................41153
63.4551 (c) revised................................................41153
63.4560 Heading, (a)(1), (4), (b)(1), (c) introductory text 
        revised....................................................41153
63.4561 (j)(3) and (n) revised.....................................41154
63.4563 (f) revised; (g) added.....................................41154
63.4564 (a) introductory text and (1) revised......................41155
63.4565 Introductory text revised..................................41155
63.4566 Introductory text, (a)(1) through (4), and (b) revised.....41155
63.4567 Introductory text, (a)(1), (2), (b)(1), (2), (3), (c)(1), 
        (d)(1), (2), and (e)(1) through (4) revised................41155
63.4568 (a)(4), (5), (7), and (c)(3) introductory text revised.....41156
63.4581 Amended....................................................41156
63.4480--63.4581 (Subpart PPPP) Table 2 revised....................41156
63.4480--63.4581 (Subpart PPPP) Table 5 added......................41160
63.4480--63.4581 (Subpart PPPP) Table 2 amended....................73907
63.4480--63.4581 (Subpart PPPP) Appendix A amended.................41161
63.4710 (b) revised................................................73907
63.4680--63.4781 (Subpart QQQQ) Table 4 amended....................73908
63.4910 (b) revised................................................73908
63.4965 (b)(1), (2), and (3) added.................................41161
63.4880--63.4981 (Subpart RRRR) Table 2 amended....................73908
63.5090 (a) revised; (e) added.....................................10861
63.5110 Amended....................................................10861
63.5121 (a) revised................................................10862
63.5130 (a) revised................................................10862
63.5140 (a) revised; (b) redesignated as (c); new (b) added........10862
63.5150 (a) introductory text, (4)(i), and (b) revised.............10862
63.5160 Table 1, (b)(1)(i), (2), (4), (c), (d) introductory text, 
        (1) introductory text, (vi) introductory text, (vii), (2), 
        (3) introductory text, (i)(A), (ii)(D) introductory text, 
        and (e) introductory text revised..........................10862
63.5170 Table 1, (c)(1), (2), (4) introductory text, (e)(2) 
        introductory text, (f)(1) introductory text, (2), (g)(2) 
        introductory text, (3) introductory text, (4) introductory 
        text, (i) introductory text, and (1) revised; (h)(6) 
        amended....................................................10864
63.5180 (f) introductory text, (1), (g)(2)(v), (h) introductory 
        text, (2), (3), (i) introductory text, (1) through (4), 
        (6), and (9) revised; (f)(2) removed; (h)(4) added.........10865
63.5181 Added......................................................10866
63.5190 (a)(5) and (c) added.......................................10867
63.5080--63.5209 (Subpart SSSS) Table 2 revised....................10868
63.5080--63.5209 (Subpart SSSS) Table 3 added......................10870
63.5080--63.5209 (Subpart SSSS) Table 2 amended....................73908
63.5415 (b) revised................................................73909
63.5280--63.5460 (Subpart TTTT) Table 2 amended....................73909
63.5505 (f) added..................................................39994
63.5515 (a), (b) introductory text, and (c) revised................39994
63.5535 (b), (g)(1), (h)(1), and (i)(7) revised; (c) removed.......39995
63.5541 Added......................................................39995
63.5545 (b)(1) and (e)(2) revised..................................39995
63.5555 (d) revised................................................39995
63.5575 Revised....................................................39995
63.5580 (b) introductory text, (2), (4), (c)(4), (e) introductory 
        text, and (2) revised; (b)(6), (e)(14), and (g) through 
        (k) added..................................................39995
63.5590 (e) added..................................................39997
63.5480--63.5610 (Subpart UUUU) Table 2 revised....................39997
63.5480--63.5610 (Subpart UUUU) Table 3 revised....................39998
63.5480--63.5610 (Subpart UUUU) Table 4 revised....................40003
63.5480--63.5610 (Subpart UUUU) Table 5 revised....................40012
63.5480--63.5610 (Subpart UUUU) Table 6 revised....................40014

[[Page 1377]]

63.5480--63.5610 (Subpart UUUU) Table 7 revised....................40015
63.5480--63.5610 (Subpart UUUU) Table 8 revised....................40016
63.5480--63.5610 (Subpart UUUU) Table 9 revised....................40017
63.5480--63.5610 (Subpart UUUU) Table 10 revised...................40019
63.5480--63.5610 (Subpart UUUU) Table 7 and Table 8 amended........73909
63.5480--63.5610 (Subpart UUUU) Table 10 amended...................73910
63.5764 (e) removed................................................15971
63.5765 Added......................................................15971
63.5767 (d) revised................................................15973
63.5770 (e) added..................................................15973
63.5779 Amended....................................................15973
63.5680--63.5779 (Subpart VVVV) Table 8 revised....................15973
63.5680--63.5779 (Subpart VVVV) Table 8 amended....................73910
63.5835 (b) revised; (d) removed...................................15975
63.5900 (c) revised; (d) and (e) removed...........................15975
63.5910 (c)(4) removed; (d) introductory text, (e), and (h) 
        revised....................................................15975
63.5912 Added......................................................15976
63.5915 (a)(2) removed.............................................15977
63.5920 (e) added..................................................15977
63.5935 Amended....................................................15977
63.5780--63.5935 (Subpart WWWW) Table 4 revised....................15977
63.5780--63.5935 (Subpart WWWW) Table 14 revised...................15978
63.5780--63.5935 (Subpart WWWW) Table 15 revised...................15979
63.5780--63.5935 (Subpart WWWW) Table 2 amended....................73910
63.5780--63.5935 (Subpart WWWW) Table 15 amended...................73911
63.5990 (a), (b), (d), (f) introductory text, (2), and (3) 
        revised; (f)(4) added......................................44761
63.5993 (c) and (d) revised........................................44761
63.5995 (d) revised................................................44762
63.6009 (e)(2) revised; (k) added..................................44762
63.6009 (b) revised................................................73911
63.6010 (b)(2), (4), (c)(4), (7), (d) introductory text, (1), (2), 
        and (g) revised; (d)(3), (h), (i), and (j) added; (g) 
        revised....................................................44762
63.6011 (a)(3) revised; (e) added..................................44764
63.6015 Amended....................................................44764
63.5980--63.6015 (Subpart XXXX) Table 15 and Table 17 revised......44765
63.5980--63.6015 (Subpart XXXX) Table 17 amended...................73911
63.6105 Revised....................................................13539
63.6120 (b) and (c) revised........................................13539
63.6125 (e) added..................................................13539
63.6140 (c) revised................................................13539
63.6145 (b) revised................................................73911
63.6150 (a) introductory text, (4) introductory text, (c) 
        introductory text, and (e) introductory text revised; 
        (a)(5) and (f) through (i) added...........................13539
63.6155 (a) introductory text, (3), (4), and (5) revised; (a)(6), 
        (7) and (d) added..........................................13541
63.6170 (c)(6) added...............................................13541
63.6175 Amended....................................................13541
63.6080--63.6175 (Subpart YYYY) Tables 1, 2, and 3 revised.........13542
63.6080--63.6175 (Subpart YYYY) Table 7 revised....................13543
63.6080--63.6175 (Subpart YYYY) Table 7 amended....................73911

                                  2021

40 CFR
                                                                   86 FR
                                                                    Page
Chapter I
63.3130 (c)(4) and (5) revised.....................................66039
63.3161 (d) and (g) revised........................................66040
63.3165 (e) introductory text revised; (e)(2) Equation 6, (3) 
        Equation 7, and (4) Equation 8 amended.....................66040
63.3080--63.3176 (Subpart IIII) Appendix A amended.................66040
63.3541 (h) revised................................................66041
63.5680--63.5779 (Subpart VVVV) Table 8 revised....................66041

                                  2022

40 CFR
                                                                   87 FR
                                                                    Page
Chapter I
63.1960 (a)(4)(i) introductory text revised.........................8203
63.1961 (a)(5)(vi) introductory text, (vi)(A), and (vii) revised; 
        (a)(5)(vi)(C) and (D) added.................................8203
63.1975 Introductory text revised...................................8204

[[Page 1378]]

63.1981 (j)(2) and (n) introductory text revised....................8204
63.1985 (c) revised.................................................8204
63.1930--63.1990 (Subpart AAAA) Table 1 amended.....................8204
63.6095 (a)(3) and (a)(4) adding; (d) removed......................13192

                                  2023

   (Regulations published from January 1, 2023, through July 1, 2023)

40 CFR
                                                                   88 FR
                                                                    Page
Chapter I
63.1625 (b)(10) revised............................................16773
63.3360 (e)(1)(vi) introductory text revised.......................18413
63.4741 (a)(1)(i) and (4) revised..................................14287
63.4680--63.4781 (Subpart QQQQ) Table 7 added......................14287


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